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S1361................................................by JUDICIARY AND RULES
CITY/COUNTY ORDINANCE - Amends existing law to provide that infraction
penalties may be imposed for violation of city or county ordinances.
02/03 Senate intro - 1st rdg - to printing
02/04 Rpt prt - to Jud
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Crow
Floor Sponsor - Ingram
Title apvd - to House
02/22 House intro - 1st rdg - to Loc Gov
02/25 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
02/29 3rd rdg - PASSED - 65-1-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
Mader, Marley, McKague, Meyer, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer(Tiegs), Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Zimmermann
NAYS -- Campbell
Absent and excused -- Gould, Montgomery, Wood, Mr Speaker
Floor Sponsor - Callister
Title apvd - to Senate
03/01 To enrol
03/02 Rpt enrol - Pres signed
03/03 Sp signed
03/06 To Governor
03/09 Governor signed
Session Law Chapter 35
Effective: 07/01/00
S1361
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1361
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO PENALTIES FOR ORDINANCE VIOLATIONS; AMENDING SECTION 31-714, IDAHO
3 CODE, TO PROVIDE THAT A BOARD OF COUNTY COMMISSIONERS MAY PROVIDE INFRAC-
4 TION PENALTIES FOR VIOLATION OF COUNTY ORDINANCES; AMENDING SECTION
5 50-302, IDAHO CODE, TO PROVIDE THAT CITIES MAY PROVIDE INFRACTION PENAL-
6 TIES FOR VIOLATION OF CITY ORDINANCES AND TO MAKE A TECHNICAL CORRECTION;
7 AND PROVIDING AN EFFECTIVE DATE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 31-714, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 31-714. ORDINANCES -- PENALTIES. The board of county commissioners may
12 pass all ordinances and rules and make all regulations, not repugnant to law,
13 necessary for carrying into effect or discharging the powers and duties con-
14 ferred by the laws of the state of Idaho, and such as are necessary or proper
15 to provide for the safety, promote the health and prosperity, improve the
16 morals, peace and good order, comfort and convenience of the county and the
17 inhabitants thereof, and for the protection of property therein, and may
18 enforce obedience to such ordinances with such fines or penalties, including
19 infraction penalties, as the board may deem proper; provided, that the punish-
20 ment of any offense shall be by fine of not more than three hundred dollars
21 ($300) or by imprisonment not to exceed six (6) months, or by both such fine
22 and imprisonment.
23 SECTION 2. That Section 50-302, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 50-302. PROMOTION OF GENERAL WELFARE -- PRESCRIBING PENALTIES. (1) Cities
26 shall make all such ordinances, by-laws bylaws, rules, regulations and resolu-
27 tions not inconsistent with the laws of the state of Idaho as may be expedi-
28 ent, in addition to the special powers in this act granted, to maintain the
29 peace, good government and welfare of the corporation and its trade, commerce
30 and industry. Cities may enforce all ordinances by fine, including an infrac-
31 tion penalty, or incarceration; provided, however, except as provided in sub-
32 section (2) of this section, that the maximum punishment of any offense shall
33 be by fine of not more than three hundred dollars ($300) or by imprisonment
34 not to exceed six (6) months, or by both such fine and imprisonment.
35 (2) Any city which is participating in a federally mandated program,
36 wherein penalties or enforcement remedies are required by the terms of partic-
37 ipation in the program, may enforce such requirements by ordinance, to include
38 a criminal or civil monetary penalty not to exceed one thousand dollars
39 ($1,000), or imprisonment for criminal offenses not to exceed six (6) months,
40 or to include both a fine and imprisonment for criminal offenses.
2
1 SECTION 3. This act shall be in full force and effect on and after July
2 1, 2000.
STATEMENT OF PURPOSE
RS 09688
This legislation would provide general authority to punish minor ordinance violations as
infractions, rather than misdemeanors. Violations, such as skateboard violations, do not need a
jury trial. City Councils and County Commissions would have to adopt this approach by
ordinance.
Magistrate Judges may see the existing authority to penalize municipal ordinance violations
differently in different parts of the state. In some counties, the language which authorizes "fines
or imprisonment" for violations of local ordinances has been interpreted as adequate to authorize
infraction penalties. In other counties, concerns have been raised by judges (or perhaps, in some
instances, by defense attorneys) that infraction penalties are not expressly authorized; therefore,
questions about the validity of ordinance provisions are raised. This legislation would permit
simplicity and flexibility in allowing cities and counties to let the punishment fit the crime by
using infractions rather than misdemeanors, where appropriate.
FISCAL IMPACT
The bill would enable cities and counties to penalize violations of local ordinances by modest
fines without the necessity of public defenders, jury trials and the extensive costs of the criminal
justice system. To the extent that jury trials are avoided, cities and counties will save money that
would have been spent on attorney fees and court costs. There is no fiscal impact to the State
budget.
Contact: Ken Harward
Association of Idaho Cities
208-344-8594
STATEMENT OF PURPOSE/FISCAL IMPACT S 1361