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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 370 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO LAW ENFORCEMENT AND SECURITY AT THE CAPITOL BUILDING AND THE 3 SUPREME COURT BUILDING; AMENDING SECTION 67-1605, IDAHO CODE, TO PROVIDE 4 FOR LAW ENFORCEMENT AND SECURITY AT THE SUPREME COURT BUILDING; AND AMEND- 5 ING SECTION 67-2901, IDAHO CODE, TO PROVIDE THAT THE DIRECTOR OF THE IDAHO 6 STATE POLICE PROVIDE SECURITY FOR THE SUPREME COURT AND COURT OF APPEALS 7 AND TO MAKE TECHNICAL CORRECTIONS. 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: 23 67-2901. IDAHO STATE POLICE CREATED -- DIRECTOR -- DIVISIONS -- POWERS 24 AND DUTIES -- FAILURE OF PEACE OFFICERS TO OBEY ORDERS, MISDEMEANOR -- DEPU- 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. 2 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 thissubdivisionsubsection, 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; 3 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 4 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.
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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