Print Friendly HOUSE BILL NO. 57 – Safe boating law violation, penalty
HOUSE BILL NO. 57
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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
01/16 House intro - 1st rdg - to printing
01/17 Rpt prt - to Res/Con
|||| 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
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
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.
Name: Representative Campbell
STATEMENT OF PURPOSE/FISCAL IMPACT H 57