1999 Legislation
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HOUSE BILL NO. 290 – Fair Competition in Trade Act

HOUSE BILL NO. 290

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H0290......................................................by STATE AFFAIRS
FAIR COMPETITION IN TRADE  - Repeals and adds to existing law to provide
the Fair Competition in Trade Act; to provide legislative findings; to
provide the purpose and scope of the chapter; to provide definitions; to
prohibit unreasonable restraint of trade; to prohibit the establishment,
maintenance or use of monopoly power; to prohibit acquisitions that
substantially lessen competition; to prohibit price fixing, production
control, allocation of markets, collusive bidding, concerted refusals to
deal and tying arrangements; to exempt certain activities; to provide for
proceedings by the Attorney General; to provide for civil antitrust
investigations; to prohibit the failure to obey a civil investigative
demand or subpoena request; to prohibit violation of court orders and
consent decrees; to provide penalties; to authorize additional relief by
the district court; to provide for private causes of action; to provide for
awards to the Attorney General and use of moneys; to provide a statute of
limitations; to provide that an action is not barred because it affects
interstate or foreign commerce; to provide for service of notice; and to
provide for venue.

02/22    House intro - 1st rdg - to printing
02/23    Rpt prt - to St Aff
02/26    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/10    Ret'd to St Aff

Bill Text


H0290


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 290

                                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  A  NEW CHAPTER 1, TITLE 48, IDAHO CODE, TO PROVIDE THE FAIR
 5        COMPETITION IN TRADE ACT, TO PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE
 6        FINDINGS, PURPOSE AND SCOPE OF THE CHAPTER,  TO  PROVIDE  DEFINITIONS,  TO
 7        PROHIBIT  UNREASONABLE  RESTRAINT OF TRADE, TO PROHIBIT THE ESTABLISHMENT,
 8        MAINTENANCE OR USE OF MONOPOLY POWER, TO PROHIBIT ACQUISITIONS  THAT  SUB-
 9        STANTIALLY  LESSEN  COMPETITION, TO PROHIBIT PRICE FIXING, PRODUCTION CON-
10        TROL, ALLOCATION OF MARKETS, COLLUSIVE BIDDING, CONCERTED REFUSALS TO DEAL
11        AND TYING ARRANGEMENTS, TO EXEMPT CERTAIN ACTIVITIES, TO PROVIDE FOR CIVIL
12        ACTIONS AND SETTLEMENTS BY THE ATTORNEY  GENERAL,  TO  PROVIDE  FOR  CIVIL
13        INVESTIGATIONS,  TO  PROHIBIT  THE  FAILURE  TO OBEY A CIVIL INVESTIGATIVE
14        DEMAND OR SUBPOENA, TO PROHIBIT VIOLATION  OF  COURT  ORDERS  AND  CONSENT
15        DECREES  AND  TO  PROVIDE PENALTIES, TO AUTHORIZE ADDITIONAL RELIEF BY THE
16        DISTRICT COURT, TO PROVIDE FOR PRIVATE CAUSES OF ACTION,  TO  PROVIDE  FOR
17        AWARDS  TO THE ATTORNEY GENERAL AND USE OF MONEYS, TO PROVIDE A STATUTE OF
18        LIMITATIONS, TO PROVIDE THAT AN ACTION IS NOT BARRED  BECAUSE  IT  AFFECTS
19        INTERSTATE  OR  FOREIGN  COMMERCE, TO PROVIDE FOR SERVICE OF NOTICE AND TO
20        PROVIDE FOR VENUE; AND AMENDING SECTION 18-7803, IDAHO CODE, TO  DELETE  A
21        REFERENCE  TO  MONOPOLIES  AND  COMBINATIONS AND TO MAKE TECHNICAL CORREC-
22        TIONS.

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

24        SECTION 1.  That Chapters 1 and 3, Title 48, Idaho Code, be, and the  same
25    are hereby repealed.

26        SECTION  2.  That  Section 18-5201, Idaho Code, be, and the same is hereby
27    repealed.

28        SECTION 3.  That Title 48, Idaho Code, be, and the same is hereby  amended
29    by  the addition thereto of a  NEW CHAPTER , to be known and desig-
30    nated as Chapter 1, Title 48, Idaho Code, and to read as follows:

31                                      CHAPTER 1
32                            FAIR COMPETITION IN TRADE ACT

33        48-101.  SHORT TITLE. This act shall be known and  may  be  cited  as  the
34    "Fair Competition in Trade Act."

35        48-102.  LEGISLATIVE  FINDINGS  --  PURPOSE  AND SCOPE OF CHAPTER. (1) The
36    Idaho legislature finds that fair competition is fundamental to the free  mar-
37    ket system.  The unrestrained interaction of competitive forces will yield the
38    best  allocation of Idaho's economic resources, the lowest prices, the highest
39    quality, and the greatest material progress, while at the same time  providing


                                         2

 1    an  environment  conducive  to  the  preservation of our democratic and social
 2    institutions.
 3        (2)  The purpose of this chapter is to encourage free, fair and open  com-
 4    petition  in  the interest of the general welfare and economy of this state by
 5    prohibiting unreasonable restraints of trade or commerce,  monopolistic  trade
 6    practices, and acquisitions that substantially lessen competition, and to pro-
 7    vide  efficient  and  economical  procedures to accomplish  these purposes and
 8    policies.  This chapter is remedial  and  should  be  liberally  construed  to
 9    accomplish and promote these policies and purposes.
10        (3)  This  chapter  applies  to  any contract, combination, or conspiracy,
11    wherever created, formed, or entered into; any establishment, maintenance,  or
12    use  of  monopoly  power;  any attempt to establish, maintain, or use monopoly
13    power; and any acquisition that substantially lessens fair competition;  when-
14    ever any of the foregoing affects the trade or commerce of this state.

15        48-103.  DEFINITIONS. As used in this chapter:
16        (1)  "Commodity"  means  any  tangible  or intangible property, real, per-
17    sonal, or mixed, for use, consumption, enjoyment, or resale. The  labor  of  a
18    human being is not a commodity.
19        (2)  "Contract,  combination, or conspiracy" means any agreement, arrange-
20    ment, collusion, or understanding. "Contract" includes a purchase, a  contract
21    to  purchase,  a  sale,  a  contract  to sell, a lease, a contract to lease, a
22    license, or a contract to license.  "Combination"  includes  a  trust,  common
23    selling or purchasing agent, pool or holding company.
24        (3)  "Person"  means  any natural person, corporation, partnership, trust,
25    association, or any other legal or commercial entity.
26        (4)  "Service" means any kind of activity performed in whole  or  in  part
27    for financial gain.
28        (5)  "Trade or commerce" means any economic activity involving or relating
29    to any commodity or service.

30        48-104.  UNREASONABLE RESTRAINT OF TRADE OR COMMERCE. A contract, combina-
31    tion,  or conspiracy between two (2) or more persons in unreasonable restraint
32    of trade or commerce is unlawful.

33        48-105.  ESTABLISHMENT, MAINTENANCE OR USE OF MONOPOLY POWER.  The  estab-
34    lishment,  maintenance,  or  use of, or any attempt to establish, maintain, or
35    use monopoly power over any part of trade or commerce by any person or persons
36    for the purpose of affecting competition or controlling, fixing, or  maintain-
37    ing prices is unlawful.

38        48-106.  ACQUISITIONS  THAT SUBSTANTIALLY LESSEN COMPETITION. The acquisi-
39    tion by one (1) person of the whole or any part of the assets of another  per-
40    son, where the effect of the acquisition may be to substantially lessen compe-
41    tition,  or  to tend to create a monopoly, is unlawful.  This section does not
42    apply to persons purchasing the assets of another person solely for investment
43    and not using those assets by voting or otherwise to bring about,  or  attempt
44    to  bring  about,  the  substantial lessening of competition.  Nothing in this
45    section shall prevent a corporation from causing the formation  of  subsidiary
46    corporations for the actual carrying on of their immediate lawful business, or
47    the  natural and legitimate branches or extensions thereof, or from owning and
48    holding all or a part of the stock of such subsidiary corporations,  when  the
49    effect  of the formation is not to substantially lessen competition.  In addi-
50    tion to any other remedy provided by this  chapter,  the  district  court  may
51    order any person to divest itself of the assets held contrary to this section,


                                         3

 1    in the manner and within the time fixed by the court order.

 2        48-107.  PRICE  FIXING  --  PRODUCTION CONTROL -- ALLOCATION OF MARKETS --
 3    COLLUSIVE BIDDING -- CONCERTED REFUSALS TO DEAL -- TYING ARRANGEMENTS. Without
 4    limiting section 48-104, Idaho Code, the following restraints of trade or com-
 5    merce are unreasonable and unlawful:
 6        (1)  A contract, combination or conspiracy between two (2) or more persons
 7    in competition:
 8        (a)  For the purpose or with the effect of affecting, fixing,  controlling
 9        or maintaining the price, rate or fee of any commodity or service;
10        (b)  Affecting,  fixing, controlling, maintaining, limiting or discontinu-
11        ing the production, sale or supply of any commodity or the sale or  supply
12        of  any  service, for the purpose or with the effect of affecting, fixing,
13        controlling or maintaining the price, rate or fee of the commodity or ser-
14        vice; or
15        (c)  Allocating or dividing customers or markets, functional or geographi-
16        cal, for any commodity or service.
17        (2)  A contract, combination or conspiracy between two (2) or more persons
18    whereby, in the letting of any public contract, the price quotation of any bid
19    is fixed or controlled; one (1) or more persons refrains from  the  submission
20    of a bid; or competition is in any other manner restrained.
21        (3)  A contract, combination or conspiracy between two (2) or more persons
22    refusing  to  deal with another person, where the challenged conduct is likely
23    to have a predominantly anticompetitive effect, and the  boycotting  contract,
24    combination  or conspiracy possesses market power in the relevant market. This
25    subsection does not apply to refusals to deal by associations, trading boards,
26    or exchanges when predicated upon a failure to comply with  rules  of  member-
27    ship.
28        (4)  Tying  arrangements  in  which there are two (2) separate products or
29    services, the sale of one (1) of the products is conditioned on  the  purchase
30    of  the  other product, the seller has power in the market for the tying prod-
31    uct, and a substantial volume of trade or commerce is foreclosed thereby.

32        48-108.  EXEMPT ACTIVITIES. (1) No provision of this chapter shall be con-
33    strued to prohibit:
34        (a)  The activities of any person in instances  where  the  activities  at
35        issue are specifically permitted by any state or federal law, or any state
36        or  federal  regulatory  agency  acting under proper authority.  By way of
37        example and not limitation, the activities of any insurer, insurance agent
38        or broker, or rating organization including, but not limited to, making or
39        participating in joint underwriting or reinsurance  arrangements,  to  the
40        extent  that  the  activities  at  issue are specifically permitted by the
41        department of insurance, are not subject  to  this  chapter.    Also,  the
42        activities  of  any  state  or national banking institution, to the extent
43        that the activities at issue are specifically permitted by state  or  fed-
44        eral  agencies  under the state or federal banking laws, are also not sub-
45        ject to this chapter.  Finally, the activities of any  public  utility  to
46        the  extent that the activities at issue are specifically permitted by the
47        public utilities commission, are not subject to this chapter;
48        (b)  The activities of a municipality or its officers or employees  acting
49        in  an  official  capacity, to the extent that those activities are autho-
50        rized or directed by state law;
51        (c)  The existence of, or membership in, organizations instituted for  the
52        purpose  of  mutual  help  and  not  having capital stock or conducted for
53        profit; nor shall the provisions of this chapter forbid or restrain  indi-


                                         4

 1        vidual members of such organizations from lawfully carrying out legitimate
 2        objectives of the organization;
 3        (d)  The  activities  of any labor organization, individual members of the
 4        labor organization, or group of labor organizations, of  any  employer  or
 5        group of employers, or of any groups of employees, if these activities are
 6        directed  solely  to legitimate labor objectives which are permitted under
 7        the laws of this state or of the United States.
 8        (2)  Persons engaged in the production of raw  agricultural  products  may
 9    act  together in associations, corporate or otherwise, with or without capital
10    stock, in collectively processing, preparing for market, handling and  market-
11    ing  the  products of these persons, to the extent permitted under the laws of
12    this state or of the United States.  These  associations  may  have  marketing
13    agencies in common and such associations and their members may make the neces-
14    sary  contracts and agreements to effect such purposes. However, such associa-
15    tions must be operated for the mutual benefit of the members of these associa-
16    tions acting as producers and conform to the following requirements:
17        (a)  No member of the association  is  allowed  more  than  one  (1)  vote
18        because of the amount of stock or membership capital he may own therein;
19        (b)  Every  member  of the association shall be a producer of raw agricul-
20        tural products; and
21        (c)  The association shall not deal in the products of  nonmembers  in  an
22        amount greater in value than such as are handled by it for its members.
23        Notwithstanding  the foregoing, nothing in this subsection shall be deemed
24    to authorize any association qualified under this subsection to enter into any
25    combination or conspiracy with any nonmember of the association in such a man-
26    ner as to violate section 48-104, Idaho Code.  Provided  further,  nothing  in
27    this  subsection  shall be deemed to authorize any association qualified under
28    this subsection to engage in acts or practices in violation of section 48-105,
29    Idaho Code.

30        48-109.  CIVIL ACTIONS AND SETTLEMENTS BY THE ATTORNEY GENERAL. (1)  When-
31    ever  the  attorney general has reason to believe that any person is engaging,
32    has engaged, or is about to engage in any act or practice declared unlawful by
33    this chapter, the attorney general may bring an action  in  the  name  of  the
34    state against that person:
35        (a)  To  obtain  a  declaratory judgment that the act or practice violates
36        the provisions of this chapter;
37        (b)  To enjoin any act or practice that violates the  provisions  of  this
38        chapter  by  issuance  of  a temporary restraining order or preliminary or
39        permanent injunction, without bond, upon the giving of appropriate notice;
40        (c)  To recover on behalf of the state and its agencies actual damages  or
41        restitution; and
42        (d)  To  recover civil penalties of up to fifty thousand dollars ($50,000)
43        per violation of this chapter and reasonable expenses, investigative costs
44        and attorney's fees.
45        (2)  The attorney general also may bring a civil action  in  the  name  of
46    this  state, as parens patriae on behalf of persons residing in this state, to
47    secure monetary relief as provided under this chapter for injury sustained  by
48    those  persons  because  of any violation of this chapter.  Remedies available
49    under subsection (1) and (2) of this section are not mutually exclusive.
50        (3)  In any parens patriae action brought under  subsection  (2)  of  this
51    section,  damages  may  be  proved and assessed in the aggregate without sepa-
52    rately proving the individual claim of, or amount of damages to,  the  persons
53    on  whose  behalf the suit was brought.  Damages may be proven and assessed by
54    statistical or sampling methods or by any other reasonable system of  estimat-


                                         5

 1    ing  aggregate damages as the court may permit.  Any person obtaining recovery
 2    under such an action shall be barred from receiving a duplicative recovery  in
 3    any private action.
 4        (4)  In  lieu  of instigating or continuing an action or proceeding, or to
 5    conclude an investigation commenced  or  contemplated  under  section  48-110,
 6    Idaho  Code,  the attorney general may accept a consent decree with respect to
 7    any act or practice alleged to be a violation of this  chapter.   The  consent
 8    decree  may  include  a  stipulation  for  the payment of civil penalties, the
 9    attorney general's reasonable expenses,  investigative  costs  and  attorney's
10    fees, an agreement to pay actual damages or to allow for restitution of money,
11    property or other things received in connection with a violation of this chap-
12    ter,  and  agreed to injunctive provisions.  Before any consent decree entered
13    into pursuant to this section is effective, it must be approved  by  the  dis-
14    trict court and an entry made in the district court in the manner required for
15    making  an  entry of judgment.  Once court approval is received, any breach of
16    the conditions of the consent decree shall be treated  as  a  violation  of  a
17    court  order, and shall be subject to all penalties provided by law for viola-
18    tion of court orders, including the penalties set  forth  in  section  48-112,
19    Idaho Code.
20        (5)  The attorney general may proceed under any antitrust laws in the fed-
21    eral  courts  on  behalf of this state or any of its political subdivisions or
22    agencies.

23        48-110.  CIVIL INVESTIGATIONS. (1) When the attorney general has reason to
24    believe that a person is engaging, has engaged, or is about to engage  in  any
25    act or practice declared unlawful by this chapter, he may, prior to the insti-
26    tution  of  a  civil  proceeding  thereon,  execute in writing and cause to be
27    served upon any person who is believed to have information, documentary  mate-
28    rial,  or physical evidence relevant to a civil investigation, a written civil
29    investigative demand requiring that person to furnish a report in writing set-
30    ting forth the relevant facts and circumstances of which he has knowledge,  or
31    to appear and give oral testimony, under oath, concerning documentary material
32    or  information,  or to produce relevant documentary material or physical evi-
33    dence for examination, at a reasonable time and place as may be stated in  the
34    investigative  demand,  or  to furnish any combination thereof, concerning the
35    conduct of any trade or commerce that is the subject matter of the  investiga-
36    tion.  The  return date of a civil investigative demand shall be not less than
37    thirty (30) days after service of the demand.
38        (2)  To accomplish the objectives and to carry out the  duties  prescribed
39    by  this  chapter, the attorney general may also issue subpoenas to any person
40    and conduct hearings in aid of any investigation or inquiry.
41        (3)  At any time before the return date specified in a civil investigative
42    demand, or within thirty (30) days after the demand has been served, whichever
43    period is later, a petition to extend the return date, or  to  modify  or  set
44    aside  the  demand,  stating good cause, may be filed in the district court of
45    the county where the person served with the demand resides or has his  princi-
46    pal place of business or in the district court in Ada county.
47        (4)  Except  as provided in subsection (5) of this section, any procedure,
48    testimony taken, or material produced under this section shall be kept  confi-
49    dential  by  the  attorney  general before bringing an action against a person
50    under this chapter for the violation under investigation unless  confidential-
51    ity  is waived by the person whose testimony is disclosed, or is waived by the
52    person who produced to the attorney general or his designee the material being
53    disclosed, or the disclosure is authorized by court order.
54        (5)  The attorney general or his designee may disclose  the  testimony  or


                                         6

 1    material  to  a person employed by this state, the United States, or any other
 2    state, if, before disclosure, the receiving official agrees in writing to com-
 3    ply with the confidentiality provisions of this section.
 4        (6)  The attorney general or his designee may exclude from  the  place  of
 5    any  examination  under this section any person, except the person being exam-
 6    ined and that person's counsel.

 7        48-111.  FAILURE TO OBEY CIVIL INVESTIGATIVE DEMAND OR  SUBPOENA.  (1)  If
 8    any  person fails or refuses to file any statement or report, or obey any sub-
 9    poena or civil investigative demand issued by the attorney general, the attor-
10    ney general may, after notice, apply to the district court and, after a  hear-
11    ing, request an order:
12        (a)  Ordering  the  person to comply with the subpoena or civil investiga-
13        tive demand issued by the attorney general;
14        (b)  Granting injunctive relief to restrain the person  from  engaging  in
15        the  conduct  of  any trade or commerce that is involved in the alleged or
16        suspected violation; and
17        (c)  Granting other relief as may be required, until the person files  the
18        statement or report, or obeys the subpoena or civil investigative demand.
19        (2)  Disobedience  of  any order entered under the provisions of this sec-
20    tion by any court shall be treated as a violation of a court order,  and  sub-
21    ject  the  offending person to all penalties provided by law for violations of
22    court orders, including the penalties set forth in section 48-112, Idaho Code.

23        48-112.  VIOLATION OF COURT ORDERS AND CONSENT DECREES --  PENALTIES.  Any
24    person who violates the terms of a consent order entered into pursuant to sec-
25    tion  48-109,  Idaho  Code,  an order entered into pursuant to section 48-111,
26    Idaho Code, or any other judgment or final order entered into under the provi-
27    sions of this chapter, shall forfeit and pay a civil penalty of not more  than
28    fifty thousand dollars ($50,000) for each violation, the amount of the penalty
29    to  be  determined  by  the  district  court issuing the judgment or order, or
30    approving the consent decree.

31        48-113.  ADDITIONAL RELIEF OF DISTRICT COURT AUTHORIZED.  When  the  state
32    prevails  in any action, application or motion brought by the attorney general
33    under this chapter, the court  shall  award  reasonable  costs,  investigative
34    expenses  and  attorney's fees to the attorney general. In addition, the court
35    may:
36        (1)  Make orders or judgments as necessary to prevent the use  or  employ-
37    ment by a person of any act or practice declared unlawful by this chapter;
38        (2)  Make  orders  or  judgments  as  necessary  to compensate persons for
39    actual damages sustained or to provide for restitution to  persons  of  money,
40    property  or other things received from persons in connection with a violation
41    of this chapter;
42        (3)  Appoint a receiver to oversee assets or order sequestration of assets
43    whenever it appears that the defendant threatens or is about to  remove,  con-
44    ceal or dispose of property to the damage of persons to whom restoration would
45    be made under this subsection and assess the expenses of a master, receiver or
46    escrow agent against the defendant; and
47        (4)  Grant other appropriate relief.

48        48-114.  PRIVATE  CAUSES  OF  ACTION.  (1)  Any person injured directly or
49    indirectly, or threatened with injury by reason of anything prohibited by this
50    chapter, may bring an action for injunctive relief, damages,  and,  as  deter-
51    mined by the court, reasonable costs and attorney's fees.


                                         7

 1        (2)  If  the district court finds that the violation at issue was willful,
 2    it shall increase the recovery to an amount not in excess of three  (3)  times
 3    the damages sustained.

 4        48-115.  AWARDS  TO  THE ATTORNEY GENERAL -- USE OF MONEYS. All penalties,
 5    costs and fees recovered by the attorney general under the terms of this chap-
 6    ter shall be remitted to the consumer  protection  account.  Moneys  deposited
 7    into  the  consumer  protection account under this chapter shall be treated as
 8    interaccount receipts and may be expended pursuant to interaccount  appropria-
 9    tion  and  shall  be used for the furtherance of the attorney general's duties
10    and activities under this chapter.

11        48-116.  STATUTE OF LIMITATIONS. (1) Any action brought  by  the  attorney
12    general  pursuant to this chapter is barred if it is not commenced within four
13    (4) years after the cause of action accrues.
14        (2)  Any other action brought pursuant to this chapter is barred if it  is
15    not  commenced  within  four  (4)  years after the cause of action accrues, or
16    within one (1) year after the conclusion of an action  brought  by  the  state
17    pursuant to this chapter based in whole or in part on any matter complained of
18    in the subsequent action, whichever is the latter.
19        (3)  A  cause  of  action arising under this chapter does not accrue until
20    the discovery, by the attorney general or aggrieved person, of the facts  con-
21    stituting the cause of action.

22        48-117.  ACTION  NOT  BARRED BECAUSE IT AFFECTS INTERSTATE OR FOREIGN COM-
23    MERCE. No action under this chapter shall be barred on  the  ground  that  the
24    activity or conduct complained of in any way affects or involves interstate or
25    foreign commerce.

26        48-118.  SERVICE  OF  NOTICE.  Service  of any notice, civil investigative
27    demand, or subpoena under this chapter shall be made  personally  within  this
28    state,  but if personal service cannot be obtained, substituted service may be
29    made by mailing service by registered or certified  mail  to  the  last  known
30    place  of  business,  residence, or abode of the person within or without this
31    state.

32        48-119.  VENUE. Any action, application, or motion brought by the attorney
33    general against a person under this chapter may be filed in the district court
34    of the county in which the person resides or has his principal place of  busi-
35    ness,  or with consent of the parties, may be brought in the district court of
36    Ada county. If the person does not reside in or  have  a  principal  place  of
37    business  in  this state, the pleading may be brought in any district court in
38    this state.

39        SECTION 4.  That Section 18-7803, Idaho Code, be, and the same  is  hereby
40    amended to read as follows:

41        18-7803.  DEFINITIONS. As used in this chapter ,  : 
42        (a)  "Racketeering"  means any act which is chargeable or indictable under
43    the following sections of the Idaho Code or which are equivalent acts  charge-
44    able  or indictable as equivalent crimes under the laws of any other jurisdic-
45    tion:
46        (1)  Homicide (section 18-4001, Idaho Code);
47        (2)  Larceny, robbery, extortion, burglary, embezzlement,  forgery,  coun-
48        terfeiting,  and  related  crimes  (sections  18-1401,  18-1405,  18-2401,


                                         8

 1        18-2402,  18-2403,  18-2404,  18-2405, 18-2406, 18-2801, 18-2804, 18-2806,
 2        18-2807, 18-2808, 18-3115, 18-3116, 18-3601,  18-3602,  18-3603,  18-3605,
 3        18-3606,  18-3607,  18-3609,  18-3610, 18-3614, 18-3615, 18-3618, 18-4604,
 4        18-4612, 18-4613, 18-4630, 18-6501, and 49-420, Idaho Code ) ;
 5        (3)  Kidnapping (section 18-4501, Idaho Code);
 6        (4)  Prostitution (sections 18-5601, 18-5602, 18-5603,  18-5604,  18-5605,
 7        18-5606, 18-5607, 18-5608, 18-5609, and 18-5610, Idaho Code);
 8        (5)  Arson  (sections  18-801,  18-802, 18-803, 18-804, and 18-7003, Idaho
 9        Code);
10        (6)  Assault (sections 18-908 and 18-4015, Idaho Code);
11        (7)  Lotteries and gambling (sections 18-3801, 18-3802, 18-3809,  18-4902,
12        18-4903, 18-4904, 18-4905, 18-4906, and 18-4908, Idaho Code);
13        (8)  Indecency   and   obscenity   (sections  18-1515,  18-1518,  18-4103,
14        18-4103A, 18-4104, 18-4105, 18-4105A, and 18-4107, Idaho Code);
15        (9)  Poisoning (sections 18-4014 and 18-5501, Idaho Code);
16        (10)  Fraudulent practices, false pretenses, insurance fraud, credit  card
17        crimes  and  fraud generally (sections 18-2706, 18-3002, 18-3101, 18-3102,
18        18-3103, 18-3104, 18-3113, 18-3121, 18-3701,  18-3702,  18-3706,  41-1306,
19        41-1325, and 41-1326, Idaho Code);
20        (11)  Alcoholic   beverages  (sections  23-602,  23-606,  23-610,  23-703,
21        23-905, 23-914, 23-928, 23-934 and 23-938, Idaho Code);
22        (12)  Cigarette taxes (sections 63-2505 and 63-2512(b), Idaho Code);
23        (13)  Securities (sections 30-1403, 30-1403A, 30-1404,  30-1405,  30-1406,
24        30-1438, and 30-1439, Idaho Code);
25        (14)  Horseracing (section 54-2512, Idaho Code);
26        (15)  Interest  and  usurious practices (sections 28-35-301 and 28-35-302,
27        Idaho Code);
28        (16)  Corporations (sections 18-1901, 18-1902, 18-1903, 18-1904,  18-1905,
29        18-1906, and 30-1510, Idaho Code);
30        (17)  Perjury (sections 18-5401 and 18-5410, Idaho Code);
31        (18)  Bribery  and  corrupt influence (sections 18-1352 and 18-1353, Idaho
32        Code);
33        (19)   Monopolies and combinations (section 18-5201, Idaho Code);
34        (20)   Controlled substances (sections 37-2732 (a),  (b),  (c),  (e)
35        and (f), 37-2734 and 37-2734B, Idaho Code);
36        (2  1  0 )  Motor vehicles (sections 49-228, 49-231,
37        49-232 and 49-518, Idaho Code).
38        (b)  "Person" means any individual or entity capable of holding a legal or
39    beneficial interest in property;
40        (c)  "Enterprise" means any sole proprietorship, partnership, corporation,
41    business, labor union, association or other legal entity or any group of indi-
42    viduals associated in fact although not a legal entity, and  includes  illicit
43    as well as licit entities; and
44        (d)  "Pattern of racketeering activity" means engaging in at least two (2)
45    incidents  of  racketeering  conduct  that  have  the same or similar intents,
46    results, accomplices, victims or  methods  of  commission,  or  otherwise  are
47    interrelated by distinguishing characteristics and are not isolated incidents,
48    provided  at least one (1) of such incidents occurred after the effective date
49    of this act and that the last of such incidents occurred within five (5) years
50    after a prior incident of racketeering conduct.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS 08652C1

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
pricefixing and bid rigging practices. It also allows for
exemptions for certain types of conduct, such as the
activities of agricultural or horticultural organizations if
these activities carry out the legitimate objectives of the
organization.

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 NOTE

The Office of the Attorney General expects to devote one
deputy attorney general to full time investigations and
enforcement under the proposed Act. This deputy would need to
be hired from a newly created position. The approximate salary
and benefit cost for this position would be $57,400.00. The
Office expects that proper enforcement of this legislation
will save Idaho's citizens and taxpayers tens of thousands of
dollars annually




CONTACT: Mr. Speaker

         Steve Tobiason, Legislative Liaison
         Office of Attorney General
         334-4524

STATEMENT OF PURPOSE/FISCAL NOTE              Bill No.   H 290