Print Friendly 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
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
|||| 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
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-
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
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.
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
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,
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
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
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
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
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
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
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
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
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);
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
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 (2 10) Motor vehicles (sections 49-228, 49-231, 49-232 and 49-518, Idaho
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
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.
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.
Name: Steve Tobiason,
Office of Attorney General
STATEMENT OF PURPOSE/FISCAL NOTE H 463