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H0085.........................................................by STATE AFFAIRS
FORESTS - Amends existing law to provide that, at the discretion of the
director of the Department of Lands, it shall be the duty of either the
attorney general or the prosecuting attorney of the county where the action
lies to prosecute all actions for the recovery of penalties and costs incurred
by the director of the Department of Lands or the fire warden of any forest
protective district under the Idaho Forest Protective Act; and to provide for
determination of venue of such actions.
01/16 House intro - 1st rdg - to printing
01/17 Rpt prt - to St Aff
01/27 Rpt out - rec d/p - to 2nd rdg
01/28 2nd rdg - to 3rd rdg
01/30 3rd rdg - PASSED - 69-0-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
Miller, Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring,
Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Collins
Floor Sponsor - Ring
Title apvd - to Senate
01/31 Senate intro - 1st rdg - to Jud
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/12 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Marley
Title apvd - to House
02/13 To enrol
02/14 Rpt enrol - Sp signed
02/17 Pres signed
02/18 To Governor
02/20 Governor signed
Session Law Chapter 27
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 85
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE DUTIES OF PROSECUTING ATTORNEYS AND THE ATTORNEY GENERAL;
3 AMENDING SECTION 38-128, IDAHO CODE, TO PROVIDE THAT, AT THE DISCRETION OF
4 THE DIRECTOR OF THE DEPARTMENT OF LANDS, IT SHALL BE THE DUTY OF EITHER
5 THE ATTORNEY GENERAL OR THE PROSECUTING ATTORNEY OF THE COUNTY WHERE THE
6 ACTION LIES TO PROSECUTE ALL ACTIONS FOR THE RECOVERY OF PENALTIES AND
7 COSTS INCURRED BY THE DIRECTOR OF THE DEPARTMENT OF LANDS OR THE FIRE WAR-
8 DEN OF ANY FOREST PROTECTIVE DISTRICT UNDER THE IDAHO FOREST PROTECTIVE
9 ACT AND TO PROVIDE FOR DETERMINATION OF VENUE OF SUCH ACTIONS.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 38-128, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 38-128. DUTIES OF PROSECUTING ATTORNEYS AND ATTORNEY GENERAL. At the dis-
14 cretion of the director of the department of lands, iIt shall be the duty of
15 the attorney general or the prosecuting attorney of the county within which
16 such action lies, to prepare, upon information furnished by the director of
17 the department of lands or the fire warden of any forest protective district,
18 and foreclose all liens, other than those provided for in sections 38-111,
19 38-112 and 38-113, Idaho Code, and to prosecute in the name of the state of
20 Idaho all actions for the recovery of penalties and costs and expenses incur-
21 red by the director of the department of lands, his deputy or fire warden of
22 the district in carrying out the provisions of this chapter. For the purposes
23 of this section, the situs of civil actions, other than for the foreclosure of
24 liens, shall be the county within which the cause of action arose venue shall
25 be determined subject to the terms of applicable Idaho law at the time of the
26 incident. Civil actions against nonresidents of the state shall be prosecuted
27 by the attorney general.
28 Whenever any arrest shall have been made for the violation of any provi-
29 sions of this chapter, or whenever any evidence, which shows with reasonable
30 certainty any such violation, shall have been lodged with him, the prosecuting
31 attorney of the county in which the criminal act was committed must prosecute
32 the offender with all diligence and energy.
STATEMENT OF PURPOSE
RS 12429
This proposal amends I.C. 38-128 to provide the attorney
general authority under the direction of the Department of Lands
to prosecute actions for the recovery of penalties and costs
incurred by the Director of the Department of Lands or the Fire
Warden of any forest protective district.
Currently, only the county prosecutors of the county where the
costs are incurred have the authority to recover costs. The
Department of Lands is represented by the attorney general's
office and needs to be included in this process.
FISCAL IMPACT
No change.
Contact
Name: Bill von Tagen
Phone: 334-4140
STATEMENT OF PURPOSE/FISCAL NOTE H85