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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
H0463|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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 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