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S1150aaH.......................................by RESOURCES AND ENVIRONMENT
STATE LAND - TRESPASS - Amends existing law relating to trespass on state
lands to provide for treble damages if the trespass is willfully or
intentionally committed; and to provide that in other cases of trespass,
the person shall be liable to the state of Idaho for double the amounts of
damages which may be recovered in a civil action.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Res/Env
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Branch
Floor Sponsor - Schroeder
Title apvd - to House
02/19 House intro - 1st rdg - to Res/Con
03/04 Rpt out - to Gen Ord
03/04 Rpt out amen - to 1st rdg as amen
03/05 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/10 Ret'd to Res/Con
S1150|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1150 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO TRESPASS ON STATE LANDS; AMENDING SECTION 6-211, IDAHO CODE, TO 3 PROVIDE FOR TREBLE DAMAGES IF THE TRESPASS IS WILLFULLY OR INTENTIONALLY 4 COMMITTED, TO PROVIDE IN OTHER CASES OF TRESPASS, THE PERSON SHALL BE LIA- 5 BLE TO THE STATE OF IDAHO FOR DOUBLE THE AMOUNT OF DAMAGES WHICH MAY BE 6 RECOVERED IN A CIVIL ACTION AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 6-211, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 6-211. TRESPASS ON STATE LANDS -- DAMAGE ACTIONS. Any person who cuts 11 down or carries off any wood, trees, or timber or removestop soil12topsoil from, or dumps trash or debris on, any land 13 belonging to theSs tate of Idaho without lawful 14 authority is liable to theSs tate of Idaho for tre- 15 ble the amount of damages, where such action is willfully or intention- 16 ally committed, which amount may be recovered in a civil action there- 17 for. In all other cases, such person is liable to the state of Idaho for 18 double the amount of damages, which amounts may be recovered in a civil action 19 therefor.
AS1150|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Stoicheff Seconded by Barrett IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1150 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 16, delete " is " and 3 insert: " may be ". 4 CORRECTION TO TITLE 5 On page 1, in line 4, delete "SHALL" and insert: "MAY".
STATEMENT OF PURPOSE
RS08962
Section 6-211, Idaho Code, specifies that "Any person who cuts down or carries off
any wood, trees, or timber or removes top soil from, or dUmps trash or debris on,any
land belonging to the State of Idaho without lawfuI authority is liable to the State of
Idaho for treble the amount of damages, which amount may be recovered in a civil
action therefor.
The purpose of this legislation is to give the Idaho Department of Lands flexibiiity in
detenmining the penalty to be assessed against those who "trespass" on state-owned
lands. This bill would allow the penalty to be set based on the circumstances
surrounding the specific case. Idaho Code currently does not allow this flexibility. The
code authorizes no level of damages except treble damages. Some courts have
taken the position that treble damages can only be imposed in cases of willful or
deliberate (intentional) trespass. Under this position, no damages may be imposed in
trespass situations that are negligent or unintentional, but nevertheless result in
damages.
Most cases of trespass are not willful. They are typically caused by negligence on
the part of the trespasser in determining whose land they are on, or by their
misguided belief that state land is open for free removal of timber, or other product
removal, to all citizens. While some penalty is needed as a deterrent in cases of
trespass, treble damages is excessive in most cases.
This change in the law would give the state the flexibility to impose penalties in
trespass cases that are appropriate to the circumstances surrounding the specific
case.
FISCAL IMPACT
No additional General fund money will be needed to implement this bill.
Prepared by:
Stan Hamilton
Director, Department of Lands 334-0239
STATEMENT OF PURPOSE/ FISCAL IMPACT S 1150