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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