2008 Legislation
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HOUSE BILL NO. 370<br /> – Supreme Court Bldg, security


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Bill Status

H0370................................by JUDICIARY, RULES AND ADMINISTRATION
SUPREME COURT BUILDING - Amends existing law to provide for law enforcement
and security at the Supreme Court Building; and to provide that the
director of the Idaho State Police shall provide security for the Supreme
Court and Court of Appeals.

01/18    House intro - 1st rdg - to printing
01/21    Rpt prt - to Jud
02/08    Rpt out - rec d/p - to 2nd rdg
02/11    2nd rdg - to 3rd rdg
02/14    3rd rdg - PASSED - 65-2-3
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Block, Bock,
      Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo(Cooke),
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker
      NAYS -- Barrett, Wood(35)
      Absent and excused -- Black, Nielsen, Stevenson
    Floor Sponsor - Shirley
    Title apvd - to Senate
02/15    Senate intro - 1st rdg - to Jud
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 31-0-4
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Hammond,
      Heinrich, Hill, Kelly, Keough, Little, Lodge, Malepeai(Sagness),
      McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway,
      Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Gannon, Goedde, Jorgenson, Langhorst
    Floor Sponsor - Darrington
    Title apvd - to House
03/05    To enrol
03/06    Rpt enrol - Sp signed
03/07    Pres signed
03/10    To Governor
03/14    Governor signed
         Session Law Chapter 85
         Effective: 07/01/08

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 370


  1                                        AN ACT

  8    Be It Enacted by the Legislature of the State of Idaho:

  9        SECTION  1.  That  Section 67-1605, Idaho Code, be, and the same is hereby
 10    amended to read as follows:

 11        67-1605.  LAW ENFORCEMENT AND SECURITY. Responsibility for law enforcement
 12    at the capitol building and the supreme court building is vested in the direc-
 13    tor of the Idaho state police. In coordination with the director of the  Idaho
 14    state  police,  Ada  County and Boise City are granted jurisdiction to enforce
 15    the laws of the state of Idaho and the ordinances of Ada County and Boise City
 16    for the capitol building and the supreme court building. The director  of  the
 17    department  of administration, or his designee, shall be responsible for secu-
 18    rity in the capitol building and  the  supreme  court  building  and  has  the
 19    authority to contract with private contractors to provide security for persons
 20    and property in the capitol building and the supreme court building.

 21        SECTION  2.  That  Section 67-2901, Idaho Code, be, and the same is hereby
 22    amended to read as follows:

 25    TIES -- COMPENSATION AND POWERS. (1) There is hereby created the  Idaho  state
 26    police.  The Idaho state police shall, for the purposes of section 20, article
 27    IV, of the constitution of the state of Idaho, be an executive  department  of
 28    the state government.
 29        (2)  The  governor,  with  the  advice  and  consent  of the senate, shall
 30    appoint a director of the Idaho state police who shall serve at  the  pleasure
 31    of the governor. The director shall receive such salary as fixed by the gover-
 32    nor.
 33        (3)  The  Idaho state police shall be composed of such divisions as may be
 34    established by law and other administrative units as may be established by the
 35    director for the proper and efficient administration of the powers and  duties
 36    assigned to the director or the state police. The director shall appoint, sub-
 37    ject  to  the  approval  of  the  governor, an administrator for each division
 38    within the state police.
 39        (4)  The director shall exercise all of the powers and duties necessary to
 40    carry out the proper administration of the  state  police,  and  may  delegate
 41    duties to employees and officers of the state police.


  1        (5)  The Idaho state police shall have power to:
  2        (a)  Enforce  all  of  the penal and regulatory laws of the state, to pre-
  3        serve order, and exercise any and all powers, duties and authority of  any
  4        sheriff or other peace officer anywhere in the state of Idaho, in the same
  5        manner  and  with  like  authority  as  the sheriffs of the counties; said
  6        department may employ from time to time, to carry out any  of  the  provi-
  7        sions of this subdivision subsection, such deputies or special deputies as
  8        may  be  deemed, by the governor of the state of Idaho, necessary to carry
  9        out these duties and powers, and deputies shall  have  power  to  deputize
 10        other  persons  as  deputies when necessary; said department may call into
 11        the police service of the state any and all peace officers of  the  state,
 12        of  any  city,  or  of any county, and may deputize private citizens, when
 13        deemed necessary by the governor of  the  state,  to  preserve  order  and
 14        enforce  law  in  any extraordinary emergency when the governor shall have
 15        declared, by order in writing, the existence of such  extraordinary  emer-
 16        gency;  the  governor shall designate by order such peace officers or pri-
 17        vate persons as are to be called into the service of the state,  and  when
 18        such  peace  officers  or deputized citizens are so called into the police
 19        service of the state such officers shall act under the  direction  of  the
 20        director of the state police in such manner as may be directed and ordered
 21        by  the  governor;  failure  on  the part of any such peace officer of the
 22        state, or person so deputized, to so act and obey such orders  shall  con-
 23        stitute  a  misdemeanor;  the  governor shall fix the compensation of such
 24        deputies.;
 25        (b)  Prevent and detect crime and apprehend criminals and maintain order;
 26        (c)  Require all persons using the highways in the state to  do  so  care-
 27        fully, safely, and with the exercise of care for the persons, property and
 28        safety of others;
 29        (d)  Safeguard  and protect the surface and other physical portions of the
 30        state highways and enforce any laws for highway safety;
 31        (e)  Enforce federal statutes and regulations relating  to  motor  carrier
 32        safety and hazardous materials for interstate carriers;
 33        (f)  Enforce Idaho statutes and rules of the Idaho state police applicable
 34        to motor carriers;
 35        (g)  Enforce  all of the laws of the state enacted for the identification,
 36        inspection and transportation of livestock  and  all  laws  of  the  state
 37        designed to prevent the theft of livestock;
 38        (h)  Regulate traffic on all highways and roads in the state;
 39        (i)  Perform  all  of  the  duties and exercise all of the powers of peace
 40        officers vested in the director of the Idaho state police;
 41        (j)  Execute and serve any warrant of arrest or search warrant  issued  by
 42        proper authority of the state, according to the tenor thereof, in any part
 43        of the state;
 44        (k)  Arrest without warrant, any person committing or attempting to commit
 45        in  their presence or view a breach of the peace or any other violation of
 46        any of the laws of the state;
 47        (l)  Members of the Idaho state police shall be subject to the call of the
 48        governor and are empowered to  cooperate  with  any  other  department  or
 49        authority  of the state, with counties and municipalities, or any locality
 50        in detecting crime, apprehending criminals and preserving  law  and  order
 51        throughout  the  state;  but the Idaho state police shall not be used as a
 52        posse in any municipality, except when ordered by the governor to  do  so;
 53        provided  nothing herein contained shall be construed to vest direction or
 54        control over any sheriff, policeman, marshal or  constable  in  the  Idaho
 55        state police or any employer or officer thereof;


  1        (m)  Each  member of the Idaho state police shall take and subscribe to an
  2        oath of office to support the constitution and laws of the  United  States
  3        and the state of Idaho,  and to honestly and faithfully perform the duties
  4        imposed  upon him under the provisions of the laws of Idaho as a member of
  5        the Idaho state police. The oath shall be filed with the director.
  6        (6)  The director shall operate and supervise a forensic laboratory  which
  7    will provide to state and local agencies having responsibility for enforcement
  8    of the penal laws of this state assistance in the collection, preservation and
  9    analysis of evidence in criminal cases.
 10        (7)  The  director  shall provide security and protection for the governor
 11    and the governor's immediate family to the extent and in the manner the gover-
 12    nor and the director deem adequate and appropriate.
 13        (8)  The director shall provide security and protection for both houses of
 14    the legislature while in session as in the opinion of the speaker of the house
 15    and the president of the senate and the director deem necessary.
 16        (9)  The director shall provide security and protection  for  the  supreme
 17    court  and the court of appeals while they are in session, and at their places
 18    of work, as the chief justice and the director deem necessary.
 19        (10) The director may award to an officer, upon retirement, that officer's
 20    badge, duty weapon and handcuffs, providing that a committee of three  (3)  of
 21    the  officer's  peers  certifies to the director that the retiring officer has
 22    served meritoriously for a minimum of fifteen (15) years and should  therefore
 23    be so honored.
 24        (101) The  director, within the limits of any appropriation made available
 25    for such purposes, shall for such Idaho state police:
 26        (a)  Establish such ranks, grades and positions as shall appear  advisable
 27        and  designate  the  authority and responsibility in each such rank, grade
 28        and position;
 29        (b)  Appoint such personnel to such rank, grade and position as are deemed
 30        by him to be necessary for the efficient operation and  administration  of
 31        the  Idaho  state  police, and only those applicants shall be appointed or
 32        promoted who best meet the prescribed standards  and  prerequisites;  pro-
 33        vided however, that all employees shall be selected in the manner provided
 34        for  in chapter 53, title 67, Idaho Code, and shall be probationers and on
 35        probation for a period of one (1) year from the date of appointment;
 36        (c)  Formulate and place in effect such rules for the Idaho  state  police
 37        as from time to time appear to him advisable;
 38        (d)  Prescribe  by official order the uniform and equipment of the employ-
 39        ees in the Idaho state police;
 40        (e)  Station employees in such localities as he shall deem  advisable  for
 41        the enforcement of the laws of the state;
 42        (f)  Have purchased, or otherwise acquired, by the purchasing agent of the
 43        state,  motor  vehicle  equipment  and all other equipment and commodities
 44        deemed by him essential for the efficient performance of the duties of the
 45        Idaho state police and purchase and install  approved  mechanical  devices
 46        and  equipment  for the rapid transmission and broadcasting of information
 47        relative to crime, apprehension of criminals and the administration of the
 48        business of the Idaho state police.
 49        (112) (a)  The director shall issue to every eligible police officer  mem-
 50        ber  of  the  Idaho  state police, as defined in section 59-1303(3), Idaho
 51        Code, and pursuant to the contract provided for  by  the  personnel  group
 52        insurance  administrator in the department of administration, a term group
 53        life insurance certificate in the face amount of  fifty  thousand  dollars
 54        ($50,000)  on  the  life of such members. Said insurance certificate shall
 55        set forth the name or names of such beneficiary or  beneficiaries  as  the


  1        insured may name or designate.
  2        (b)  Any  eligible person entering the employ of the Idaho state police as
  3        an active police officer after the effective date of  this  act  shall  be
  4        insured  as  other members of the state police immediately upon taking the
  5        oath of office.
  6        (c)  Every member of the Idaho state police, upon  termination  of  active
  7        duty  or  permanent release, may surrender said certificate to the head of
  8        the state police, or, at the person's option, may convert the insurance in
  9        accordance with the provisions of the contract, and  no  further  premiums
 10        shall be paid on said policy by the state of Idaho.
 11        (d)  The director is hereby directed to hereafter include in the budget of
 12        the Idaho state police an amount sufficient to pay the annual costs accru-
 13        ing  with  respect to policies of insurance purchased under the provisions
 14        of this chapter.
 15        (e)  The premiums on the insurance herein provided for are to be paid one-
 16        half (1/2) by the employee and one-half (1/2) by the state.  The  director
 17        is  hereby  authorized  to  make a monthly deduction on the payroll of the
 18        amount due from each employee under this chapter.
 19        (123) Nothing in this section shall affect the duties of  the  sheriff  as
 20    described  in  section  31-2202, Idaho Code, or the primary duty, described in
 21    section 31-2227, Idaho Code, of the sheriff and prosecuting attorney  of  each
 22    of  the  several  counties  to enforce all the penal provisions of any and all
 23    statutes of this state.

Statement of Purpose / Fiscal Impact

                    STATEMENT OF PURPOSE

                          RS 17460

       This bill, developed in coordination with the Idaho
  State Police (ISP), would give ISP responsibility for
  providing security and protection for Supreme Court justices
  and judges of the Court of Appeals, as well as
  responsibility for law enforcement at the Supreme Court
  Building.  Current statutes state that ISP provides security
  and protection for the Governor and for the Legislature when
  it is in session, and that ISP is responsible for law
  enforcement at the Statehouse.  This bill would mirror those
  provisions and extend these responsibilities to the Supreme
  Court Building and to Idaho's appellate justices and judges,
  thereby insuring their ability to act safely and without
  fear of intimidation.
                        FISCAL NOTE
      Upon passage of this bill, it is anticipated that the
  Governor will support a budget increase for ISP.  ISP
  estimates the cost to provide security for the Supreme Court
  building to be $115,900 and 1.0 FTP.
  Contact Person:
  Patricia Tobias
  Administrative Director of the Courts
  (208) 334-2246
  STATEMENT OF PURPOSE/FISCAL NOTE                         H 370