2000 Legislation
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HOUSE BILL NO. 463 – Idaho Competition Act

HOUSE BILL NO. 463

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H0463......................................................by STATE AFFAIRS
IDAHO COMPETITION ACT - Repeals, amends and adds to existing law to rewrite
the state's statutes on antitrust by businesses; and to provide prohibited
actions. H0464
                                                                        
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to St Aff
02/04    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 69-0-1
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood,
      Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Crow
    Floor Sponsors - Newcomb, Callister
    Title apvd - to Senate
02/09    Senate intro - 1st rdg - to St Aff
02/29    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/27    3rd rdg - PASSED - 29-3-3
      AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ipsen, Keough, Lee, Noh, Parry, Richardson, Riggs, Risch,
      Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Williams
      NAYS--Ingram, McLaughlin, Whitworth
      Absent and excused--Andreason, King-Barrutia, Stennett
    Floor Sponsor - Noh
    Title apvd - to House
03/28    To enrol
03/29    Rpt enrol - Sp signed
03/30    Pres signed
03/31    To Governor
04/03    Governor signed
         Session Law Chapter 148
         Effective: 07/01/00

Bill Text


 H0463
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 463
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TRADE PRACTICES; REPEALING CHAPTERS 1 AND 3, TITLE 48, IDAHO CODE;
  3        REPEALING SECTION 18-5201, IDAHO CODE; AMENDING TITLE 48, IDAHO  CODE,  BY
  4        THE ADDITION OF A NEW CHAPTER 1, TITLE 48, IDAHO CODE,  TO PROVIDE A SHORT
  5        TITLE,  TO PROVIDE LEGISLATIVE FINDINGS, PURPOSE, INTERPRETATION AND SCOPE
  6        OF THE ACT, TO PROVIDE DEFINITIONS, TO PROHIBIT UNREASONABLE RESTRAINTS OF
  7        TRADE, TO PROHIBIT MONOPOLIZATIONS AND ATTEMPTS TO MONOPOLIZE, TO PROHIBIT
  8        ACQUISITIONS THAT SUBSTANTIALLY  LESSEN  COMPETITION,  TO  EXEMPT  CERTAIN
  9        ACTIVITIES,  TO  PROVIDE FOR CIVIL ACTIONS AND SETTLEMENTS BY THE ATTORNEY
 10        GENERAL, TO PROVIDE FOR CIVIL INVESTIGATIONS, TO PROHIBIT THE  FAILURE  TO
 11        OBEY  A  CIVIL  INVESTIGATIVE DEMAND OR SUBPOENA, TO PROHIBIT VIOLATION OF
 12        COURT ORDERS AND CONSENT DECREES AND TO PROVIDE  PENALTIES,  TO  AUTHORIZE
 13        ADDITIONAL RELIEF BY THE DISTRICT COURT,  TO PROVIDE FOR PRIVATE CAUSES OF
 14        ACTION,  TO  PROVIDE FOR AWARDS TO THE ATTORNEY GENERAL AND USE OF MONEYS,
 15        TO PROVIDE A STATUTE OF LIMITATIONS, TO PROVIDE  THAT  AN  ACTION  IS  NOT
 16        BARRED  BECAUSE IT AFFECTS INTERSTATE OR FOREIGN COMMERCE,  TO PROVIDE FOR
 17        SERVICE OF NOTICE AND TO PROVIDE  FOR  VENUE;  AMENDING  SECTION  18-7803,
 18        IDAHO  CODE,  TO  DELETE A REFERENCE TO MONOPOLIES AND COMBINATIONS AND TO
 19        MAKE TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 20    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 21        SECTION 1.  That Chapters 1 and 3, Title 48, Idaho Code, be, and the  same
 22    are hereby repealed.
                                                                        
 23        SECTION  2.  That  Section 18-5201, Idaho Code, be, and the same is hereby
 24    repealed.
 25
 26        SECTION 3.  That Title 48, Idaho Code, be, and the same is hereby  amended
 27    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 28    ter 1, Title 48, Idaho Code, and to read as follows:
                                                                        
 29                                      CHAPTER 1
 30                                IDAHO COMPETITION ACT
                                                                        
 31        48-101.  SHORT TITLE. This act shall be known and  may  be  cited  as  the
 32    "Idaho Competition Act."
                                                                        
 33        48-102.  LEGISLATIVE  FINDINGS, PURPOSE, INTERPRETATION AND SCOPE OF CHAP-
 34    TER. (1) The Idaho legislature finds that fair competition is  fundamental  to
 35    the  free  market  system.  The unrestrained interaction of competitive forces
 36    will yield the best allocation  of  Idaho's  economic  resources,  the  lowest
 37    prices,  the highest quality, and the greatest material progress, while at the
 38    same time providing an environment conducive to the preservation of our  demo-
 39    cratic and social institutions.
 40        (2)  The  purpose of this chapter is to maintain and promote economic com-
                                                                        
                                           2
                                                                        
  1    petition in Idaho commerce, to provide the benefits  of  that  competition  to
  2    consumers and businesses in the state, and to establish efficient and economi-
  3    cal procedures to accomplish these purposes and policies.
  4        (3)  The  provisions  of  this  chapter shall be construed in harmony with
  5    federal judicial interpretations of comparable federal antitrust statutes  and
  6    consistent  with  this  chapter's  purposes, as set forth in subsection (2) of
  7    this section.
  8        (4)  This chapter applies to conduct proscribed herein that affects  Idaho
  9    commerce.
                                                                        
 10        48-103.  DEFINITIONS. As used in this act:
 11        (1)  "Idaho  commerce"  means  any  economic  activity occurring wholly or
 12    partly within the state of Idaho, or which affects  economic  activity  within
 13    the state of Idaho.
 14        (2)  "Person"  means  any natural person, corporation, partnership, trust,
 15    association, or any other legal or commercial entity.
                                                                        
 16        48-104.  UNREASONABLE RESTRAINT OF TRADE OR COMMERCE. A contract, combina-
 17    tion, or conspiracy between two (2) or more persons in unreasonable  restraint
 18    of Idaho commerce is unlawful.
                                                                        
 19        48-105.  MONOPOLIES.  It is unlawful to monopolize, attempt to monopolize,
 20    or combine or conspire to monopolize any line of Idaho commerce.
                                                                        
 21        48-106.  ACQUISITIONS THAT SUBSTANTIALLY LESSEN  COMPETITION.  (1)  It  is
 22    unlawful  for  a  person  to acquire, directly or indirectly, the whole or any
 23    part of the stock, share capital, or other equity interest or the whole or any
 24    part of the assets of, another person engaged in  Idaho  commerce,  where  the
 25    effect  of  such  acquisition may be substantially to lessen competition or to
 26    tend to create a monopoly of any line of Idaho commerce.
 27        (2)  This section shall not apply to persons purchasing the stock or other
 28    equity interest of another person solely for investment and  not  using  those
 29    assets  by  voting or otherwise to bring about, or attempt to bring about, the
 30    substantial lessening of competition.  Nothing contained in this section shall
 31    prevent a person engaged in Idaho commerce from causing the formation of  sub-
 32    sidiary corporations or other business organizations, or from owning and hold-
 33    ing  all or a part of the stock or equity interest of such subsidiary corpora-
 34    tions or other business organizations.
                                                                        
 35        48-107.  EXEMPT ACTIVITIES. (1) No provision of this chapter shall be con-
 36    strued to prohibit:
 37        (a)  Activities that are exempt from the operation of  the  federal  anti-
 38        trust laws.
 39        (b)  Activities  required or affirmatively approved by any statute of this
 40        state or of the United States or by a regulatory agency of this  state  or
 41        of  the  United  States  duly acting under any constitutional or statutory
 42        authority vesting the agency with such power.
 43        (c)  Activities of a municipality or its officers or employees  acting  in
 44        an  official  capacity, to the extent that those activities are authorized
 45        or directed by state law.
 46        (d)  The existence of, or membership in, organizations instituted for  the
 47        purpose  of  mutual  help  and  not  having capital stock or conducted for
 48        profit; nor shall the provisions of this act forbid or restrain individual
 49        members of such organizations from lawfully carrying out legitimate objec-
 50        tives of the organization.
                                                                        
                                           3
                                                                        
  1        (e)  Activities of any labor organization, individual members of the labor
  2        organization, or group of labor organizations, of any employer or group of
  3        employers, or of any groups of employees, if these activities are directed
  4        predominantly to labor objectives which are permitted under  the  laws  of
  5        this state or of the United States.
  6        (2)  Persons  engaged  in  the production of agricultural products may act
  7    together in associations, corporate or  otherwise,  with  or  without  capital
  8    stock,  in collectively processing, preparing for market, handling and market-
  9    ing the products of these persons, to the extent permitted under the  laws  of
 10    this  state  or  of  the United States.  These associations may have marketing
 11    agencies in common and such associations and their members may make the neces-
 12    sary contracts and agreements to effect such purposes. However, such  associa-
 13    tions must conform to the requirements of  chapter 26, title 22, Idaho Code.
                                                                        
 14        48-108.  CIVIL  ACTIONS AND SETTLEMENTS BY THE ATTORNEY GENERAL. (1) When-
 15    ever the attorney general has reason to believe that any person  is  engaging,
 16    has engaged, or is about to engage in any act or practice declared unlawful by
 17    this  chapter,  the  attorney  general  may bring an action in the name of the
 18    state against that person:
 19        (a)  To obtain a declaratory judgment that the act  or  practice  violates
 20        the provisions of this chapter;
 21        (b)  To  enjoin  any  act or practice that violates the provisions of this
 22        chapter by issuance of a temporary restraining  order  or  preliminary  or
 23        permanent injunction, without bond, upon the giving of appropriate notice;
 24        (c)  To  recover on behalf of the state and its agencies actual damages or
 25        restitution;
 26        (d)  To recover civil penalties of up to fifty thousand dollars  ($50,000)
 27        per  violation of section 48-104 or 48-105, Idaho Code, or any injunction,
 28        judgment or consent order issued or entered into pursuant to this  chapter
 29        and reasonable expenses, investigative costs and attorney's fees; and
 30        (e)  To obtain an order requiring divestiture of any assets:
 31             (i)   Acquired  in  violation  of  section 48-106, Idaho Code, to the
 32             extent determined necessary by the district court to avoid  the  cre-
 33             ation  of  a monopoly or any likely substantial lessening of competi-
 34             tion resulting from  such  transaction  found  violative  of  section
 35             48-106, Idaho Code; or
 36             (ii)  To  restore competition in any line of Idaho commerce which has
 37             been eliminated by a violation of section 48-105, Idaho Code.
 38        (2)  The attorney general also may bring a civil action in the name of the
 39    state, as parens patriae on behalf of  persons  residing  in  this  state,  to
 40    secure  monetary  relief as provided under this chapter for injury directly or
 41    indirectly sustained by those persons because  of  any  violation  of  section
 42    48-104 or 48-105, Idaho Code, in accordance with the following provisions:
 43        (a)  The  district  court  shall  award  the  attorney general as monetary
 44        relief the total damages sustained for violations  of  section  48-104  or
 45        48-105,  Idaho  Code,  and  the  cost  of  suit,  including  a  reasonable
 46        attorney's  fee. The court shall increase any damage recovery to an amount
 47        not in excess of three (3) times the damages sustained if the court  finds
 48        that  the  violation  at  issue  constituted a per se violation of section
 49        48-104, Idaho Code, or an intentional violation of section  48-105,  Idaho
 50        Code.   The court shall exclude from the amount of monetary relief awarded
 51        in such action any amount which duplicates amounts which have been awarded
 52        for the same injury already or which are allocable  to  persons  who  have
 53        excluded their claims pursuant to subsection (2)(c) of this section.
 54        (b)  In any action brought under this section, the attorney general shall,
                                                                        
                                           4
                                                                        
  1        at such times, in such manner, and with such content as the district court
  2        may  direct, cause notice of the parens patriae action to be given by pub-
  3        lication.  If the court finds that  notice  given  solely  by  publication
  4        would  deny  due process of law to any person, the court shall  direct the
  5        attorney general to give such notice as may be required by due process  of
  6        law.
  7        (c)  Any  person  on  whose behalf an action is brought under this section
  8        may elect to exclude  from such adjudication the portion of  the  attorney
  9        general's  claim  for monetary relief attributable to him by filing notice
 10        of such election with the court within the time period  specified  in  the
 11        notice  of such action given to the persons to be benefited by the action.
 12        Any person failing to give such notice shall be barred during the pendency
 13        of such action from commencing an action in his or her own  name  for  the
 14        injury  alleged in such action and the final judgment in such action shall
 15        be res judicata as to any claim which could  be  brought  by  such  person
 16        under this act based on the facts alleged or proven in such action.
 17        (d)  All  damages  shall  be distributed in such a manner that will afford
 18        each person a reasonable opportunity to secure his appropriate portion  of
 19        the net monetary relief.
 20        (3)  In  lieu  of instigating or continuing an action or proceeding, or to
 21    conclude an investigation commenced  or  contemplated  under  section  48-109,
 22    Idaho  Code,  the attorney general may accept a consent decree with respect to
 23    any act or practice alleged to be a violation of  this  chapter.  The  consent
 24    decree  may  include  a  stipulation  for  the payment of civil penalties, the
 25    attorney general's reasonable expenses,  investigative  costs  and  attorney's
 26    fees,  an agreement to pay damages or to allow for restitution of money, prop-
 27    erty or other things received in connection with a violation of this  chapter,
 28    and  agreed  to  injunctive provisions. Before any consent decree entered into
 29    pursuant to this section is effective, it must be  approved  by  the  district
 30    court  and an entry made in the district court in the manner required for mak-
 31    ing an entry of judgment. If the consent decree submitted to the court  is  to
 32    settle  an  action brought under subsection (2) of this section, notice of the
 33    proposed settlement shall be given in such manner as the court  directs.  Once
 34    court approval is received, any breach of the conditions of the consent decree
 35    shall  be treated as a violation of a court order, and shall be subject to all
 36    penalties provided by law for violation of court orders, including the  penal-
 37    ties set forth in section 48-111, Idaho Code.
 38        (4)  The attorney general may proceed under any antitrust laws in the fed-
 39    eral  courts  on  behalf of this state or any of its political subdivisions or
 40    agencies.
                                                                        
 41        48-109.  CIVIL INVESTIGATIONS.  (1) Whenever the attorney general has rea-
 42    son to believe that a person is engaging or has engaged in any act or practice
 43    declared unlawful by this chapter, he may, prior to the institution of a civil
 44    proceeding thereon, execute in writing and cause to be served upon any  person
 45    who  is  believed  to have information, documentary material, or physical evi-
 46    dence relevant to a civil investigation, a written civil investigative  demand
 47    requiring  that person to appear and give oral testimony, under oath, concern-
 48    ing documentary material or information, or to  produce  relevant  documentary
 49    material  or physical evidence for examination, at a reasonable time and place
 50    as may be stated in the investigative demand, or to  furnish  any  combination
 51    thereof, concerning the conduct of any Idaho commerce that is the subject mat-
 52    ter  of  the  investigation.   The return date of a civil investigative demand
 53    shall be not less than thirty (30) days after service of the demand.
 54        (2)  To accomplish the objectives and to carry out the  duties  prescribed
                                                                        
                                           5
                                                                        
  1    by  this  chapter, the attorney general may also issue subpoenas to any person
  2    and conduct hearings in aid of any investigation or inquiry.
  3        (3)  (a)  The scope of any civil investigative demand or subpoena shall be
  4        consistent with the scope of discovery as provided for by  rule  26(b)(1),
  5        Idaho rules of civil procedure.
  6        (b)  Any  person  who  is  not the subject of investigation shall be reim-
  7        bursed the reasonable expenses of complying  with  a  civil  investigative
  8        demand or subpoena.
  9        (4)  At any time before the return date specified in a civil investigative
 10    demand, or within thirty (30) days after the demand has been served, whichever
 11    period  is  later,  a  petition to extend the return date, or to modify or set
 12    aside the demand, stating good cause, may be filed in the  district  court  of
 13    the  county where the person served with the demand resides or has his princi-
 14    pal place of business or in the district court in Ada county.
 15        (5)  Any person who in good faith complies with a subpoena  or  investiga-
 16    tive  demand  issued under this section shall be immune from criminal or civil
 17    liability for such compliance, so long as such person has  complied  with  any
 18    express contractual obligation to notify a third party of the civil investiga-
 19    tive demand or subpoena.
 20        (6)  Except  as provided in subsection (7) of this section, any procedure,
 21    testimony taken, or material produced under this section shall be kept  confi-
 22    dential  by  the  attorney  general before bringing an action against a person
 23    under this chapter for the violation under investigation unless  confidential-
 24    ity  is waived by the person whose testimony is disclosed, or is waived by the
 25    person who produced to the attorney general or his designee the material being
 26    disclosed, or the disclosure is authorized by court order.
 27        (7)  The attorney general or his designee may disclose  the  testimony  or
 28    material  to  a person who has a need to know such information and is employed
 29    by this state, the United States, or any other state, if,  before  disclosure,
 30    the  receiving  official  agrees in writing to comply with the confidentiality
 31    provisions of this section and the attorney general or his designee has deter-
 32    mined prior to making such disclosure that disclosure to the receiving  person
 33    is  reasonably necessary to permit proper enforcement of the antitrust laws of
 34    the United States or any state.
 35        (8)  The attorney general or his designee may exclude from  the  place  of
 36    any  examination  under this section any person, except the person being exam-
 37    ined and that person's counsel.
                                                                        
 38        48-110.  FAILURE TO OBEY CIVIL INVESTIGATIVE DEMAND OR  SUBPOENA.  (1)  If
 39    any person fails or refuses to obey any subpoena or civil investigative demand
 40    issued  by the attorney general, the attorney general may, after notice, apply
 41    to the district court and, after a hearing, request an order ordering the per-
 42    son to comply with the subpoena or civil investigative demand  issued  by  the
 43    attorney general.
 44        (2)  The  court  shall  award the prevailing party reasonable expenses and
 45    attorney's fees incurred in obtaining or resisting an order under this section
 46    if the court finds that the attorney general's request for an order under this
 47    section or a person's resistance to  obeying  any  subpoena  or  investigative
 48    demand, was without a reasonable basis in fact or law.
 49        (3)  Disobedience  of  any order entered under the provisions of this sec-
 50    tion shall be treated as a violation of a court order, and subject the offend-
 51    ing person to all penalties provided by law for violations  of  court  orders,
 52    including the payment of civil penalties of not more than ten thousand dollars
 53    ($10,000).
                                                                        
                                           6
                                                                        
  1        48-111.  VIOLATION  OF  COURT ORDERS AND CONSENT DECREES -- PENALTIES. Any
  2    person who violates the terms of a consent order entered into pursuant to sec-
  3    tion 48-108, Idaho Code, or any other judgment or  final  order  entered  into
  4    under the provisions of this chapter, shall forfeit and pay a civil penalty of
  5    not  more than fifty thousand dollars ($50,000) for each violation, the amount
  6    of the penalty to be determined by the district court issuing the judgment  or
  7    order, or approving the consent decree.
                                                                        
  8        48-112.  ADDITIONAL  RELIEF  OF  DISTRICT COURT AUTHORIZED. When the state
  9    prevails in any action brought under section 48-108,  Idaho  Code,  the  court
 10    shall  award  reasonable costs and attorney's fees to the attorney general. In
 11    addition, the court may:
 12        (1)  Make orders or judgments as necessary to prevent the use  or  employ-
 13    ment by a person of any act or practice declared unlawful by this act;
 14        (2)  Make  orders or judgments as necessary to compensate persons for dam-
 15    ages sustained or to provide for restitution to persons of money, property  or
 16    other  things  received  from  persons  in connection with a violation of this
 17    chapter;
 18        (3)  Appoint a receiver to oversee assets or order sequestration of assets
 19    whenever it appears that the defendant threatens or is about to  remove,  con-
 20    ceal or dispose of property to the damage of persons to whom restoration would
 21    be  made  under  this section and assess the expenses of a master, receiver or
 22    escrow agent against the defendant; and
 23        (4)  Grant other appropriate relief.
                                                                        
 24        48-113.  PRIVATE CAUSES OF ACTION. (1)  Any  person  injured  directly  or
 25    threatened  with  direct injury by reason of anything prohibited by this chap-
 26    ter, may bring an action for injunctive relief, damages, and, as determined by
 27    the court, reasonable costs and attorney's fees. The court shall exclude  from
 28    the  amount  of  monetary relief awarded to a plaintiff under this section any
 29    amount which duplicates amounts allocable to any  other  actual  or  potential
 30    plaintiff including, without limitation, potential claims by the attorney gen-
 31    eral on behalf of indirect purchasers for the same conduct or injury.
 32        (2)  If the district court finds that the violation at issue constituted a
 33    per se violation of section 48-104, Idaho Code, or an intentional violation of
 34    section 48-105, Idaho Code, it shall increase the recovery to an amount not in
 35    excess of three (3) times the damages sustained.
                                                                        
 36        48-114.  AWARDS  TO  THE  ATTORNEY GENERAL -- USE OF MONEYS. All costs and
 37    fees recovered by the attorney general under the terms of this  chapter  shall
 38    be  remitted to the consumer protection account. Such costs and fees deposited
 39    into the consumer protection account under this chapter shall  be  treated  as
 40    interaccount  receipts and may be expended pursuant to interaccount appropria-
 41    tion and shall be used for the furtherance of the  attorney  general's  duties
 42    and  activities  under  this  chapter.  All  penalties recovered under section
 43    48-108(1)(d), 48-110 or 48-111, Idaho Code, or actual damages  or  restitution
 44    recovered  under  section  48-108(1)(c),  Idaho Code, shall be remitted to the
 45    general fund.
                                                                        
 46        48-115.  STATUTE OF LIMITATIONS. (1) Any action brought  by  the  attorney
 47    general  pursuant to this chapter is barred if it is not commenced within four
 48    (4) years after the cause of action accrues.
 49        (2)  Any other action brought pursuant to this chapter is barred if it  is
 50    not  commenced  within  four  (4)  years after the cause of action accrues, or
 51    within one (1) year after the conclusion of an action  brought  by  the  state
                                                                        
                                           7
                                                                        
  1    pursuant to this chapter based in whole or in part on any matter complained of
  2    in the subsequent action, whichever is the latter.
  3        (3)  The  foregoing  statute  of  limitations  shall  be tolled during any
  4    period when the defendant in any action fraudulently concealed the events upon
  5    which the cause of action is based.
                                                                        
  6        48-116.  ACTION NOT BARRED BECAUSE IT AFFECTS INTERSTATE OR  FOREIGN  COM-
  7    MERCE.  No  action  under  this chapter shall be barred on the ground that the
  8    activity or conduct complained of in any way affects or involves interstate or
  9    foreign commerce.
                                                                        
 10        48-117.  SERVICE OF NOTICE. Service of  any  notice,  civil  investigative
 11    demand,  or  subpoena  under this chapter shall be made personally within this
 12    state, but if personal service cannot be obtained, substituted service may  be
 13    made  by  mailing  service  by  registered or certified mail to the last known
 14    place of business, residence, or abode of the person within  or  without  this
 15    state.
                                                                        
 16        48-118.  VENUE. Any action, application, or motion brought by the attorney
 17    general against a person under this chapter may be filed in the district court
 18    of  the county in which the person resides or has his principal place of busi-
 19    ness, or with consent of the parties, may be brought in the district court  of
 20    Ada  county.  If  the  person  does not reside in or have a principal place of
 21    business in this state, the pleading may be brought in any district  court  in
 22    this state.
                                                                        
 23        SECTION  4.  That  Section 18-7803, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        18-7803.  DEFINITIONS. As used in this chapter, (a)  "Racketeering"  means
 26    any  act which is chargeable or indictable under the following sections of the
 27    Idaho Code or which are equivalent acts chargeable or indictable as equivalent
 28    crimes under the laws of any other jurisdiction:
 29        (1)  Homicide (section 18-4001, Idaho Code);
 30        (2)  Robbery, burglary, theft, forgery, counterfeiting, and related crimes
 31        (sections 18-1401, 18-1405, 18-2403, 18-2407, 18-3123,  18-3124,  18-3125,
 32        18-3601,  18-3602,  18-3603,  18-3605, 18-3606, 18-3607, 18-3609, 18-3610,
 33        18-3614, 18-3615, 18-3618, 18-4630, 18-6501, and 49-518, Idaho Code);
 34        (3)  Kidnapping (section 18-4501, Idaho Code);
 35        (4)  Prostitution (sections 18-5601, 18-5602, 18-5603,  18-5604,  18-5605,
 36        18-5606, 18-5608, and 18-5609, Idaho Code);
 37        (5)  Arson  (sections  18-801,  18-802,  18-803, 18-804, and 18-805, Idaho
 38        Code);
 39        (6)  Assault (sections 18-908 and 18-4015, Idaho Code);
 40        (7)  Lotteries and gambling (sections 18-3801, 18-3802, 18-3809,  18-4902,
 41        18-4903, 18-4904, 18-4905, 18-4906, and 18-4908, Idaho Code);
 42        (8)  Indecency   and   obscenity   (sections  18-1515,  18-1518,  18-4103,
 43        18-4103A, 18-4104, 18-4105, 18-4105A, and 18-4107, Idaho Code);
 44        (9)  Poisoning (sections 18-4014 and 18-5501, Idaho Code);
 45        (10) Fraudulent practices, false  pretenses,  insurance  fraud,  financial
 46        transaction  card  crimes  and fraud generally (sections 18-2403, 18-2706,
 47        18-3002, 18-3101, 18-3124, 18-3125, 18-3126, 18-6713, 41-293, 41-294,  and
 48        41-1306, Idaho Code);
 49        (11) Alcoholic beverages (sections 23-602, 23-606, 23-610, 23-703, 23-905,
 50        23-914, 23-928, 23-934 and 23-938, Idaho Code);
                                                                        
                                           8
                                                                        
  1        (12) Cigarette taxes (sections 63-2505 and 63-2512(b), Idaho Code);
  2        (13) Securities  (sections  30-1403,  30-1403A, 30-1404, 30-1405, 30-1406,
  3        30-1438, and 30-1439, Idaho Code);
  4        (14) Horseracing (section 54-2512, Idaho Code);
  5        (15) Interest and usurious practices (sections  28-45-401  and  28-45-402,
  6        Idaho Code);
  7        (16) Corporations  (sections  18-1901, 18-1902, 18-1903, 18-1904, 18-1905,
  8        18-1906, and 30-1510, Idaho Code);
  9        (17) Perjury (sections 18-5401 and 18-5410, Idaho Code);
 10        (18) Bribery and corrupt influence (sections 18-1352  and  18-1353,  Idaho
 11        Code);
 12        (19) Monopolies and combinations (section 18-5201, Idaho Code);
 13        (20) Controlled  substances  (sections  37-2732(a), (b), (c), (e) and (f),
 14        37-2732B, 37-2734 and 37-2734B, Idaho Code);
 15        (210) Motor vehicles (sections 49-228, 49-231, 49-232  and  49-518,  Idaho
 16        Code).
 17        (b)  "Person" means any individual or entity capable of holding a legal or
 18    beneficial interest in property;
 19        (c)  "Enterprise" means any sole proprietorship, partnership, corporation,
 20    business, labor union, association or other legal entity or any group of indi-
 21    viduals  associated  in fact although not a legal entity, and includes illicit
 22    as well as licit entities; and
 23        (d)  "Pattern of racketeering activity" means engaging in at least two (2)
 24    incidents of racketeering conduct that  have  the  same  or  similar  intents,
 25    results,  accomplices,  victims  or  methods  of  commission, or otherwise are
 26    interrelated by distinguishing characteristics and are not isolated incidents,
 27    provided at least one (1) of such incidents occurred after the effective  date
 28    of this act and that the last of such incidents occurred within five (5) years
 29    after a prior incident of racketeering conduct.
                                                                        
 30        SECTION  5.  This  act shall be in full force and effect on and after July
 31    1, 2000.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                           RS 0948IC2
    
Idaho's antitrust act was enacted in 1911.  It has not 
been amended since then, except for one minor revision 
in 1951. It has become outdated and in need of revision. 
The proposed Idaho Competition Law replaces Idaho's 
present Antitrust Act. It sets forth the Legislature's 
intent and prohibits a variety of anticompetitive 
practices, such as price-fixing and bid rigging practices. 
It also allows for exemptions for certain types of 
conduct, such as the activities of agricultural 
cooperatives operating in conformance of state law. 
The legislation sets forth procedures for investigating 
anticompetitive complaints, as well as the scope of 
authority of both the Attorney General and the District 
Courts in implementing the Act's provisions. 


                         FISCAL IMPACT

Other than potential workloads for the office of the 
Attorney General, there should be no fiscal impact upon 
the general funds of the State. The office expects that 
proper enforcement of this legislation could save Idaho's 
citizens and taxpayers thousands of dollars annually. 

Contact 
Name: Steve Tobiason, 
Legislative Liaison
Office of Attorney General
Phone: 334-4524 

STATEMENT OF PURPOSE/FISCAL NOTE                       H 463