2001 Legislation
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HOUSE BILL NO. 57 – Safe boating law violation, penalty

HOUSE BILL NO. 57

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Daily Data Tracking History



H0057.........................................by RESOURCES AND CONSERVATION
SAFE BOATING LAW - Amends existing law to reduce certain misdemeanor
penalties to infractions for persons violating provisions of state's safe
boating law.
                                                                        
01/16    House intro - 1st rdg - to printing
01/17    Rpt prt - to Res/Con

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 57
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PENALTIES FOR VIOLATING THE SAFE  BOATING  LAW;  AMENDING  SECTION
  3        67-7033,  IDAHO  CODE,  TO REDUCE CERTAIN MISDEMEANOR PENALTIES TO INFRAC-
  4        TIONS FOR PERSONS VIOLATING PROVISIONS OF THE STATE'S SAFE BOATING LAW.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 67-7033, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        67-7033.  PENALTIES.  (1) Unless otherwise specifically provided, any per-
  9    son who shall violate any of the provisions of this chapter or any  rule  pro-
 10    mulgated  by the department pursuant to this chapter shall be guilty of a mis-
 11    demeanor an infraction and be punished by a fine of not more  than  three  one
 12    hundred dollars ($3100). or by imprisonment of not more than thirty (30) days,
 13    or by both such fine and imprisonment.
 14        (2)  Any  person who shall be convicted of any second or subsequent viola-
 15    tion of any of the provisions of law in addition to any other penalties autho-
 16    rized herein shall be required to attend and successfully complete a course on
 17    safe boating approved by the state boating law administrator and may,  at  the
 18    discretion  of  the court, be refused the privilege of operating any vessel on
 19    any of the waters of this state for a period not to exceed two (2) years.
 20        (3)  Any person who shall operate any vessel during the   period  when  he
 21    has  been  denied  the  privilege to so operate by virtue of subsection (2) of
 22    this section, shall be guilty of a misdemeanor an infraction, and upon convic-
 23    tion being found to have committed the infraction, shall be punished by a fine
 24    of not more than three one hundred dollars ($3100), or by imprisonment of  not
 25    more than thirty (30) days, or by both such fine and imprisonment.
 26        (4)  Any  manufacturer  who  shall  violate the provisions of this chapter
 27    with respect to the obligation for the installation of capacity of  certifica-
 28    tion  plates shall be guilty of a misdemeanor an infraction,  and upon convic-
 29    tion being found to have committed the infraction, shall be punished by a fine
 30    of not more than three one hundred dollars ($3100) or by imprisonment  of  not
 31    more  than thirty (30) days, or both such fine and imprisonment and each fail-
 32    ure to affix a capacity or certification plate as  provided  in  this  chapter
 33    shall  constitute a separate offense for each vessel with respect to which the
 34    failure occurs.
 35        (5)  Any person who pleads guilty to or is found guilty of  violating  the
 36    provisions  of  section  67-7034, Idaho Code, shall be guilty of a misdemeanor
 37    and:
 38        (a) May be fined an amount not to exceed one thousand dollars ($1,000);
 39        (b) May be imprisoned for a period not to exceed six (6) months; and
 40        (c) Shall be required to attend and successfully complete a course on safe
 41        boating approved by the designated state boating law administrator.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 10643

The intent of this legislation is to reduce the maximum penalty
for boating laws as it pertains to waterways, thus allowing local
governments more latitude to create local boating ordinances and
to reduce the need for jury trials for minor infractions.



                         FISCAL IMPACT
None.







Contact:
Name:  Representative Campbell
Phone: (208)332-1000



STATEMENT OF PURPOSE/FISCAL IMPACT               H 57