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H0509................................by JUDICIARY, RULES AND ADMINISTRATION
ADOPTION - Amends existing law to define the term "advertisement" for
purposes of adoption; to revise the legal advertisement procedures for
adoption; to provide for application of the consumer protection act; to
provide for attorneys licensed to practice in the state to advertise; and
to provide for physicians and other health care providers to assist natural
and adoptive parents with medical care necessary to initiate and complete
adoptive placements.
02/04 House intro - 1st rdg - to printing
02/07 Rpt prt - to Jud
02/18 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 59-0-11
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Denney,
Ellsworth, Field(20), Gagner, Hadley, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wood, Zimmermann
NAYS -- None
Absent and excused -- Crow, Deal, Field(13), Geddes, Gould, Hammond,
Kellogg, Linford, Pischner, Wheeler, Mr Speaker
Floor Sponsor - Ellsworth
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Health/Wel
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, 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 -- None
Floor Sponsor - Ipsen
Title apvd - to House
03/29 To enrol
03/30 Rpt enrol - Sp signed - Pres signed
03/31 To Governor
04/04 Governor signed
Session Law Chapter 174
Effective: 07/01/00
H0509
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 509
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ADOPTION; AMENDING SECTION 18-1512A, IDAHO CODE, TO DEFINE THE
3 TERM "ADVERTISEMENT," TO REVISE LEGAL ADVERTISEMENT PROCEDURES, TO PROVIDE
4 FOR APPLICATION OF THE CONSUMER PROTECTION ACT, TO PROVIDE FOR ATTORNEYS
5 LICENSED TO PRACTICE IN THE STATE TO ADVERTISE AND TO PROVIDE FOR PHYSI-
6 CIANS AND OTHER HEALTH CARE PROVIDERS TO ASSIST NATURAL AND ADOPTIVE PAR-
7 ENTS WITH MEDICAL CARE NECESSARY TO INITIATE AND COMPLETE ADOPTIVE PLACE-
8 MENTS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 18-1512A, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-1512A. ADVERTISING FOR ADOPTION -- PROHIBITED ACTS. (1) Unless the
13 context clearly requires otherwise in this section, "advertisement" means com-
14 munication by newspaper, radio, television, handbills, placards or other
15 print, broadcast or the electronic medium.
16 (2) No person or entity, other than a duly authorized agent or employee
17 of the department of health and welfare or an authorized children's agency or
18 institution licensed by the department of health and welfare to care for and
19 place children, shall cause to be published for circulation or broadcast on a
20 radio or television station within the geographic borders of the state of
21 Idaho an advertisement or notice of a child or children offered or wanted for
22 adoption. No such person or entity through such advertisement or notice shall
23 offer to place, locate, dispose or receive any child or children offered or
24 wanted for adoption, or shall hold himself out through such advertisement or
25 notice as being able having the ability to place, locate, dispose or receive a
26 child or children for adoption, unless the person or entity is a duly autho-
27 rized agent, contractee or employee of the department of health and welfare or
28 an authorized children's agency or institution licensed by the department of
29 health and welfare to care for and place children.
30 (2) Any such person or entity who places or causes such advertisement or
31 notice as prohibited in subsection (1) of this section shall be guilty of a
32 misdemeanor and shall be punished by a fine of not less than one thousand dol-
33 lars ($1,000) nor more than ten thousand dollars ($10,000).
34 (3) A violation of subsection (2) of this section is a matter affecting
35 the public interest for the purpose of applying chapter 6, title 48, Idaho
36 Code. A violation of subsection (2) of this section is not reasonable in
37 relation to the development and preservation of business. A violation of sub-
38 section (2) of this section constitutes an unfair or deceptive act or practice
39 in trade or commerce for the purpose of applying chapter 6, title 48, Idaho
40 Code.
41 (4) Nothing herein is intended to prohibit an attorney licensed to prac-
42 tice in the state of Idaho from advertising his or her ability to practice or
43 provide services related to the adoption of children.
2
1 (35) Nothing herein is intended to prohibit licensed attorneys, physi-
2 cians and other health care providers who are licensed to practice in the
3 state of Idaho from assisting or providing natural and adoptive parents with
4 legal services or medical care necessary to initiate and complete adoptive
5 placements.
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STATEMENT OF PURPOSE
RS 09765Cl
This legislation amends section 18-1512A, Idaho Code, to strengthen the
prohibition of babies born in Idaho from going to other states, primarily
California.
There are two problems that are currently occurring under existing law: (1)
"interstate matchmakers" and out-of-state attorneys are free to ignore statute
because no one enforces it; and (2) the current Idaho Statute lacks "teeth".
Idaho Code, Section 18-1512A, was originally drafted to prevent
out-of-state couples from advertising in Idaho for birth mothers of children.
However, even though violators of Idaho Code, Section 18-1512A, could be
prosecuted for a misdemeanor, no one is being prosecuted under this statue.
Several Idaho adoption agencies and attorneys have contacted the Idaho
Attorney General and local county prosecuting attorneys to point out violations of
Idaho Code, Section 18-1512A. Unfortunately, the county prosecutors have
chosen to ignore these violations and do not prosecute those out-of-state attorneys
and facilitators who advertise.
Under the current law, the Idaho Attorney General's office cannot
independently prosecute violators because of a 1996 court ruling. In Newman vs
Lance, 129 Idaho 98, 992 P2d395 (1996), the Idaho Supreme Court ruled that the
Attorney General could not displace a county prosecutor in pursuing criminal
charges. Thereafter, the Idaho Legislature removed the Attorney General's
statutory power to "supervise" prosecuting attorneys. There is no specific statute
authorizing the Attorney General to prosecute violations of Idaho Code, Section
18-1512A.
This proposed amendment to Idaho Code, Section 18-1512A, will make a
violation an "unfair or deceptive act or practice in trade or commerce for the
purpose of applying chapter 6, title 48, Idaho Code." Those individuals or entities
who chose to advertise in violation of the amended statute would be in violation
of the Idaho Consumer Protection Act. Thus the Attorney General would have
broad powers to obtain temporary restraining orders or permanently enjoin
deceptive advertising by out-of-state adoption facilitators. In addition, the
Attorney General would have authority to recover civil penalties, damages,
expenses and attorney fees from violators.
This proposal is closely patterned after a statute recently enacted in
Washington to prevent out-of-state entities from deceptive adoption advertising
practices.
FISCAL IMPACT
There will be no fiscal impact to the State of Idaho or any other government
entity.
Contact
Name: Senator Grant Ipsen
Phone: (208) 332-1000
Name: Gary Montgomery
Phone: (208) 378-8882
STATEMENT OF PURPOSE/FISCAL NOTE H50