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SENATE BILL NO. 1168

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Bill Status

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S1168......................................................by STATE AFFAIRS
COUNTY COMMISSIONERS - Amends existing law to provide that an attorney who
has a contract with the Board of County Commissioners to be prosecuting
attorney shall not be considered to hold the Office of Prosecuting
Attorney, within the meaning of section 31-2601, Idaho Code, for the county
with which the contract exists.
                                                                        
02/28    Senate intro - 1st rdg - to printing
03/01    Rpt prt - to St Aff

Bill Text

                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1168
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROSECUTING ATTORNEYS; AMENDING SECTION  59-907,  IDAHO  CODE,  TO
  3        PROVIDE  THAT AN ATTORNEY WHO HAS CONTRACTED WITH THE BOARD OF COUNTY COM-
  4        MISSIONERS TO BE PROSECUTING ATTORNEY SHALL NOT BE CONSIDERED TO HOLD  THE
  5        OFFICE  OF  PROSECUTING  ATTORNEY,  WITHIN THE MEANING OF SECTION 31-2601,
  6        IDAHO CODE, FOR THE COUNTY WITH WHICH THE CONTRACT EXISTS;  AND  DECLARING
  7        AN EMERGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  59-907, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        59-907.  PROSECUTING ATTORNEY -- VACANCY --  RESIDENCY.  In  the  event  a
 12    vacancy  exists  and  there  are  three (3) or fewer resident attorneys in the
 13    county who are willing and qualified to perform the functions  of  prosecuting
 14    attorney as set forth in chapter 26, title 31, Idaho Code, the board of county
 15    commissioners  may  appoint  and/or contract with an attorney from outside the
 16    county to perform the duties of prosecuting attorney for the  balance  of  the
 17    unexpired  term  or  such  shorter period as the board of county commissioners
 18    shall determine. An attorney who has contracted with the board of county  com-
 19    missioners pursuant to this section shall not be considered to hold the office
 20    of  prosecuting  attorney,  within the meaning of section 31-2601, Idaho Code,
 21    for the county with which the contract exists.
                                                                        
 22        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 23    declared to exist, this act shall be in full force and effect on and after its
 24    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 15062

As rural counties seek to fill their positions of a prosecuting
attorney in their county, sometimes those positions remain vacant
due to the lack of eligible attorneys residing in the community. 
To remedy this, County Commissioners have entered into contracts
with another Prosecuting Attorney in an adjacent county to
fulfill their legal obligations to provide legal services for
their county(Idaho Code, Section 59-907).  Yet, a Prosecuting
Attorney is prohibited from holding another state or county
office during the term of his/her office as Prosecuting Attorney
(Idaho Code, section 31-2601).  Considering this dilemma, this
bill attempts clarify Idaho Code by stating that an attorney who
has contracted with a board of county commissioners will not be
considered to hold the office of Prosecuting Attorney for the
county with which the contract exists. 


                           FISCAL IMPACT


None.



Contact  
Name:  Senator Clint Stennett
Phone: 332-1351


STATEMENT OF PURPOSE/FISCAL NOTE                   S 1168