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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
]]]] 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 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