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H0180aa.......................................by RESOURCES AND CONSERVATION
SAFE BOATING LAW - VIOLATIONS - Amends existing law to reduce certain
misdemeanor penalties to infractions for persons violating provisions of
the state's safe boating law; and to provide for misdemeanor penalties for
certain violations of the state's safe boating law.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Res/Con
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
To Gen Ord
03/02 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - PASSED - 64-2-4
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg, Kendell, Lake, Langford, Loertscher, Marley,
Meyer, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Shepherd, Smith, Smylie,
Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young, Mr.
Speaker
NAYS -- Kunz, McKague
Absent and excused -- Denney, Mader, Montgomery, Sellman
Floor Sponsor -- Campbell
Title apvd - to Senate
03/09 Senate intro - 1st rdg - to Jud
03/15 Rpt out - rec d/p - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Goedde
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed - Pres signed - to Gov
03/23 Governor signed
Session Law Chapter 159
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 180
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 AND
5 TO PROVIDE FOR MISDEMEANOR PENALTIES FOR CERTAIN VIOLATIONS OF THE STATE'S
6 SAFE BOATING LAW; AND AMENDING SECTION 49-1505, IDAHO CODE, TO CLARIFY
7 THAT DRIVER'S LICENSE AND PRIVILEGES MAY BE SUSPENDED FOR FAILING TO PAY A
8 FINE FOR A VIOLATION OF THE STATE'S BOATING LAWS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 67-7033, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 67-7033. PENALTIES. (1) Unless otherwise specifically provided, any per-
13 son who shall violate any of the provisions of this chapter or any rule pro-
14 mulgated by the department pursuant to this chapter shall be guilty of a mis-
15 demeanor an infraction and be punished by a fine of not more than three hun-
16 dred seventy-five dollars ($375.00). or by imprisonment of not more than
17 thirty (30) days, or by both such fine and imprisonment.
18 (2) Any person who shall be convicted of any second or subsequent viola-
19 tion of any of the provisions of law in addition to any other penalties autho-
20 rized herein shall be required to attend and successfully complete a course on
21 safe boating approved by the state boating law administrator and may, at the
22 discretion of the court, be refused the privilege of operating any vessel on
23 any of the waters of this state for a period not to exceed two (2) years.
24 (3) Any person who shall operate any vessel during the period when he
25 has been denied the privilege to so operate by virtue of subsection (2) of
26 this section, shall be guilty of a misdemeanor, and upon conviction, shall be
27 punished by a fine of not more than three hundred dollars ($300), or by
28 imprisonment of not more than thirty (30) days, or by both such fine and
29 imprisonment.
30 (4) Any manufacturer who shall violate the provisions of this chapter
31 with respect to the obligation for the installation of capacity of certifica-
32 tion plates shall be guilty of a misdemeanor an infraction, and upon convic-
33 tion being found to have committed the infraction, shall be punished by a fine
34 of not more than three hundred seventy-five dollars ($375.00) or by imprison-
35 ment of not more than thirty (30) days, or both such fine and imprisonment and
36 each failure to affix a capacity or certification plate as provided in this
37 chapter shall constitute a separate offense for each vessel with respect to
38 which the failure occurs.
39 (5) Any person who pleads guilty to or is found guilty of violating the
40 provisions of section 67-7016, 67-7017, 67-7025, 67-7026 or 67-7027, Idaho
41 Code, shall be guilty of a misdemeanor and may be fined not more than three
42 hundred dollars ($300), imprisoned for a period not to exceed thirty (30)
43 days, or by both such fine and imprisonment.
2
1 (6) Any person who pleads guilty to or is found guilty of violating the
2 provisions of section 67-7034, Idaho Code, shall be guilty of a misdemeanor
3 and:
4 (a) May be fined an amount not to exceed one thousand dollars ($1,000);
5 (b) May be imprisoned for a period not to exceed six (6) months; and
6 (c) Shall be required to attend and successfully complete a course on
7 safe boating approved by the designated state boating law administrator.
8 SECTION 2. That Section 49-1505, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 49-1505. SUSPENSION OF DRIVER'S LICENSE AND PRIVILEGES FOR FAILURE TO PAY
11 UNDERLYING TRAFFIC INFRACTION PENALTY -- APPEAL. (1) The department shall
12 immediately suspend the driver's license, permit and operating privileges of
13 any driver upon receiving notice from any court of the state that a person has
14 failed to pay the penalty for a traffic infraction judgment or for a violation
15 of the Idaho safe boating act, chapter 70, title 67, Idaho Code. The notice
16 may be sent to the department by any court which shall certify that a judgment
17 for an infraction involving a vessel or for an infraction not involving a
18 pedestrian or a bicycle violation has been entered against the person and that
19 he has failed to pay the penalty after notice and hearing, or opportunity for
20 hearing, as prescribed by rule of the supreme court. No notice of nonpayment
21 of an infraction penalty shall be sent to the department if the court finds
22 that the person failing to pay the penalty has a complete and continuing
23 financial inability to pay the penalty.
24 (2) The suspension of operating privileges under this section shall con-
25 tinue for a period of ninety (90) days or until the penalty has been paid,
26 whichever comes first, from notice of suspension by the department. The sus-
27 pension shall be processed by the department in the same manner as other sus-
28 pensions under section 49-326, Idaho Code, except that no hearing shall be
29 held by the department and the department shall not issue any temporary
30 restricted permit. Upon receipt of the notice of nonpayment of the penalty
31 from the court, the department shall perform the ministerial duty of giving
32 official notification of suspension of the driver's license and operating
33 privileges.
34 (3) Upon proper application and payment of any required fee, a driver's
35 license, privileges or permit suspended under this section shall be reinstated
36 by the department after the period of ninety (90) days, or shall be reinstated
37 at an earlier date upon proof of payment of the penalty for the infraction.
38 Upon payment of the infraction penalty, the court shall issue a receipt which
39 may be filed with the department together with an application for reinstate-
40 ment of the driver's license, privileges or permit.
41 (4) After the expiration of a ninety (90) day suspension under this sec-
42 tion, the driver's license, permit and driving privileges of the driver whose
43 driver's license, permit and driving privileges were suspended shall not be
44 reinstated under the provisions of section 49-328, Idaho Code, nor renewed
45 under the provisions of section 49-319, Idaho Code, until the penalty for the
46 infraction has been paid to the court in the county in which the citation was
47 issued.
48 (5) Any person operating a motor vehicle after the expiration of a ninety
49 (90) day suspension under this section, whose driver's license, privileges or
50 permit has not been reinstated under the provisions of section 49-328, Idaho
51 Code, or renewed under the provisions of section 49-319, Idaho Code, shall be
52 in violation of the provisions of section 49-301, Idaho Code, for operating a
53 motor vehicle without a driver's license.
3
1 (6) Any person whose driver's license has been suspended under this sec-
2 tion may appeal to the district court in the county where the infraction judg-
3 ment was entered within the time and in the manner provided for criminal
4 appeals from the magistrates division to the district court. The appeal shall
5 be expedited as provided by rule of the supreme court. If the district court
6 finds that the notice of nonpayment of the infraction penalty should not have
7 been sent to the department for suspension of the driver's license, privileges
8 or permit, the district court shall order the privileges be reinstated by the
9 department and upon receipt of a copy of such order the department shall rein-
10 state the privileges without the payment of a fee.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Campbell
Seconded by Moss
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 180
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, delete lines 15 and 16, and insert:
3 "demeanor an infraction and be punished by a fine of not more than three hun-
4 dred dollars ($300) or by imprisonment of not more than"; and in line 17,
5 delete "imprisonment." and insert: "imprisonment as provided in section
6 18-111, Idaho Code."; delete lines 33 and 34, and insert: "tion being found to
7 have committed the infraction, shall be punished by a fine of not more than
8 three hundred dollars ($300) or by imprison-"; and in line 35, following
9 "imprisonment" insert: "as provided in section 18-111, Idaho Code,".
10 AMENDMENT TO THE BILL
11 On page 2, delete lines 8 through 53; and delete page 3.
12 CORRECTION TO TITLE
13 On page 1, delete lines 6 through 8, and insert: "SAFE BOATING LAW.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 180, As Amended
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 AND
5 TO PROVIDE FOR MISDEMEANOR PENALTIES FOR CERTAIN VIOLATIONS OF THE STATE'S
6 SAFE BOATING LAW.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 67-7033, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 67-7033. PENALTIES. (1) Unless otherwise specifically provided, any per-
11 son who shall violate any of the provisions of this chapter or any rule pro-
12 mulgated by the department pursuant to this chapter shall be guilty of a mis-
13 demeanor an infraction and be punished by a fine of not more than three hun-
14 dred dollars ($300) or by imprisonment of not more than thirty (30) days, or
15 by both such fine and imprisonment as provided in section 18-111, Idaho Code.
16 (2) Any person who shall be convicted of any second or subsequent viola-
17 tion of any of the provisions of law in addition to any other penalties autho-
18 rized herein shall be required to attend and successfully complete a course on
19 safe boating approved by the state boating law administrator and may, at the
20 discretion of the court, be refused the privilege of operating any vessel on
21 any of the waters of this state for a period not to exceed two (2) years.
22 (3) Any person who shall operate any vessel during the period when he
23 has been denied the privilege to so operate by virtue of subsection (2) of
24 this section, shall be guilty of a misdemeanor, and upon conviction, shall be
25 punished by a fine of not more than three hundred dollars ($300), or by
26 imprisonment of not more than thirty (30) days, or by both such fine and
27 imprisonment.
28 (4) Any manufacturer who shall violate the provisions of this chapter
29 with respect to the obligation for the installation of capacity of certifica-
30 tion plates shall be guilty of a misdemeanor an infraction, and upon convic-
31 tion being found to have committed the infraction, shall be punished by a fine
32 of not more than three hundred dollars ($300) or by imprisonment of not more
33 than thirty (30) days, or both such fine and imprisonment as provided in sec-
34 tion 18-111, Idaho Code, and each failure to affix a capacity or certification
35 plate as provided in this chapter shall constitute a separate offense for each
36 vessel with respect to which the failure occurs.
37 (5) Any person who pleads guilty to or is found guilty of violating the
38 provisions of section 67-7016, 67-7017, 67-7025, 67-7026 or 67-7027, Idaho
39 Code, shall be guilty of a misdemeanor and may be fined not more than three
40 hundred dollars ($300), imprisoned for a period not to exceed thirty (30)
41 days, or by both such fine and imprisonment.
42 (6) Any person who pleads guilty to or is found guilty of violating the
43 provisions of section 67-7034, Idaho Code, shall be guilty of a misdemeanor
2
1 and:
2 (a) May be fined an amount not to exceed one thousand dollars ($1,000);
3 (b) May be imprisoned for a period not to exceed six (6) months; and
4 (c) Shall be required to attend and successfully complete a course on
5 safe boating approved by the designated state boating law administrator.
STATEMENT OF PURPOSE
RS 10796
The intent of this legislation is to reduce the maximum
penalty for boating laws as it pertains to waterways, thus
allowing local government more latitude to create boating
ordinances and to reduce the need for jury trials for minor
infractions.
FISCAL IMPACT
None
Contact
Name: Representative John Campbell
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 180