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HOUSE BILL NO. 163

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Daily Data Tracking History

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H0163...................................................by LOCAL GOVERNMENT
SURVEY MARKERS - DEFACING - Amends existing law to increase the maximum
penalty to $5,000 for persons willfully defacing, injuring or removing any
signal, monument, building or other object set as a permanent boundary
survey marker by a registered, professional land surveyor.
                                                                        
02/07    House intro - 1st rdg - to printing
02/08    Rpt prt - to Loc Gov

Bill Text

                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 163
                                                                        
                               BY LOCAL GOVERNMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PENALTIES FOR DEFACING SURVEY MARKERS; AMENDING  SECTION  54-1234,
  3        IDAHO  CODE,  TO INCREASE THE MAXIMUM PENALTY FOR PERSONS WILLFULLY DEFAC-
  4        ING, INJURING OR REMOVING ANY SIGNAL, MONUMENT, BUILDING OR  OTHER  OBJECT
  5        SET  AS  A  PERMANENT BOUNDARY SURVEY MARKER BY A REGISTERED, PROFESSIONAL
  6        LAND SURVEYOR AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 54-1234, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        54-1234.  MONUMENTATION -- PENALTY AND LIABILITY FOR DEFACING. If any per-
 11    son  shall  wilfully  willfully deface, injure or remove any signal, monument,
 12    building or other object set as a permanent boundary survey marker by a regis-
 13    tered, professional land surveyor, he shall forfeit a sum not  exceeding  five
 14    hundred  thousand  dollars  ($5,000) for each offense, and shall be liable for
 15    damages sustained by the affected parties in  consequence  of  such  defacing,
 16    injury or removal, to be recovered in a civil action in any court of competent
 17    jurisdiction.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                                 
                             RS 10629
                                 
This legislation would increase the maximum penalty for tampering
with any signal, monument, building or other object set as a
permanent boundary survey marker by a licensed, professional land
surveyor.

The original code provided for a maximum of a $500 penalty. A $500
penalty is no longer considered a strong enough deterrent to
willfully damaging a boundary marker.
                                  
                          FISCAL IMPACT
                                 
There is no anticipated cost to the State General Fund.






 Contact
     Name:  Rep Gary Young
     Phone:
     332 1218
Rep Tom Trail 332-1202





STATEMENT OF PURPOSE/FISCAL NOTE                           H 16