2004 Legislation
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HOUSE BILL NO. 643 – Documents, file with court, time

HOUSE BILL NO. 643

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Bill Status



H0643................................by JUDICIARY, RULES AND ADMINISTRATION
DOCUMENTS - FILE WITH COURT - Adds to existing law to provide for an
expansion of time for commencing actions or filing documents subject to
limitations of actions in the event of closure of the office of the clerk
of the district court upon the happening of certain conditions.
                                                                        
02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to Jud
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 69-1-0
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      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, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- Meyer
      Absent and excused -- None
    Floor Sponsor - Smith(24)
    Title apvd - to Senate
02/24    Senate intro - 1st rdg - to Jud
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 30-0-5
      AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
      Calabretta, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner,
      Sweet, Werk
      NAYS -- None
      Absent and excused -- Brandt, Cameron, Noh, Stennett, Williams
    Floor Sponsor - Davis
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - To Governor
03/24    Governor signed
         Session Law Chapter 321
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 643
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LIMITATION OF ACTIONS; AMENDING CHAPTER 2, TITLE 5, IDAHO CODE, BY
  3        THE ADDITION OF A NEW SECTION 5-228A, IDAHO CODE, TO PROVIDE FOR A  SPECI-
  4        FIED  EXTENSION OF TIME FOR COMMENCING ACTIONS OR FILING DOCUMENTS SUBJECT
  5        TO LIMITATIONS OF ACTIONS IN THE EVENT OF CLOSURE OF  THE  OFFICE  OF  THE
  6        CLERK OF THE DISTRICT COURT UPON CERTAIN CONDITIONS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Chapter  2,  Title  5,  Idaho Code, be, and the same is
  9    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 10    ignated as Section 5-228A, Idaho Code, and to read as follows:
                                                                        
 11        5-228A.  TIME  LIMITATION  -- CLOSURE OF THE OFFICE OF THE CLERK -- EXTEN-
 12    SION OF TIME. Whenever, pursuant to an Idaho statute, the final  day  to  com-
 13    mence an action or file a document with a court falls on a day that the office
 14    of  the  clerk  of  the  district court is usually open for the transaction of
 15    business with the public, but whose office has been closed for all or part  of
 16    the day by the administrative judge or his designee due to severe weather con-
 17    ditions  or  a  real  or threatened emergency, the time for performing the act
 18    shall be extended to the end of business hours  of  the  first  full  day  the
 19    office  of the clerk is reopened for the transaction of business with the pub-
 20    lic.

Statement of Purpose / Fiscal Impact


                                                               
                                
                      STATEMENT OF PURPOSE
                                
                           RS 13903 

     This bill adds a section to Chapter 2, Title 5, Idaho Code,
relating to statutory time limitations for filing legal actions to
postpone the last day for commencing an action or filing a
document if the last day falls on a day on which the office of the
district court clerk is closed due to extreme weather conditions
or an emergency or threatened emergency. 

     This new section of the Code furnishes an express, narrowly
crafted, and legislatively enacted tolling of the statutes of
limitation and other statutory deadlines relating to civil actions
that may be necessary in light of Idaho case law which suggests
that exceptions to legislatively imposed time limitations on court
actions must come from the legislature.
     
     
                          FISCAL NOTE
                                
     This bill will not affect the state general fund or local funds. 
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
Contact Persons:

Representative Leon Smith
(208) 332-1000

Patricia Tobias
Administrative Director of the Courts
Ph: (208) 334-2246
                                
Statement of Purpose/Fiscal Note                   H 643