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H0564aa..............................by JUDICIARY, RULES AND ADMINISTRATION
ANHYDROUS AMMONIA - THEFT - Amends and adds to existing law to provide for
theft of anhydrous ammonia; to provide punishment; to classify certain
activities relating to anhydrous ammonia and anhydrous ammonia equipment as
felonies; to provide an exception; and to provide for damages.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Jud
02/20 Rpt out - to Gen Ord
Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/27 3rd rdg as amen - PASSED - 45-20-5
AYES -- Aikele, Barraclough, Bell, Bieter, Black, Block, Boe, Bolz,
Bradford, Campbell, Clark, Collins, Cuddy, Ellsworth, Field(13),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Hornbeck, Jaquet,
Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Martinez,
Meyer, Pearce, Pischner, Ridinger, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith(33), Smylie, Stevenson, Stone, Trail, Young
NAYS -- Barrett, Bedke, Bruneel, Callister, Crow, Deal, Ellis,
Eskridge, Field(20), Higgins, Mader, McKague, Montgomery, Moyle,
Pomeroy, Raybould, Roberts, Wheeler, Wood, Mr. Speaker
Absent and excused -- Denney, Loertscher, Mortensen, Smith(23),
Tilman
Floor Sponsor - Young
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Jud
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
Hill, Ingram, Ipsen, King-Barrutia, Little, Lodge, Marley, Noh,
Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- Branch(Bartlett), Brandt, Keough
Floor Sponsor - Darrington
Title apvd - to House
03/13 To enrol
03/14 Rpt enrol - Sp signed - Pres signed
03/14 To Governor
03/25 Governor signed
Session Law Chapter 257
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 564
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ANHYDROUS AMMONIA; AMENDING SECTION 18-2407, IDAHO CODE, TO PRO-
3 VIDE FOR THEFT OF ANHYDROUS AMMONIA; AMENDING SECTION 18-2408, IDAHO CODE,
4 TO PROVIDE FOR PUNISHMENT FOR THEFT OF ANHYDROUS AMMONIA; AND AMENDING
5 CHAPTER 6, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-626,
6 IDAHO CODE, TO CLASSIFY CERTAIN ACTIVITIES RELATING TO ANHYDROUS AMMONIA
7 AND ANHYDROUS AMMONIA EQUIPMENT AS FELONIES, TO PROVIDE AN EXCEPTION AND
8 TO PROVIDE FOR DAMAGES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 18-2407, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-2407. GRADING OF THEFT. Theft is divided into two (2) degrees, grand
13 theft and petit theft.
14 (1) Grand theft.
15 (a) A person is guilty of grand theft when he commits a theft as defined
16 in this chapter and when the property, regardless of its nature and value,
17 is obtained by extortion committed by instilling in the victim a fear that
18 the actor or another person will:
19 1. Cause physical injury to some person in the future; or
20 2. Cause damage to property; or
21 3. Use or abuse his position as a public servant by engaging in con-
22 duct within or related to his official duties, or by failing or
23 refusing to perform an official duty, in such manner as to affect
24 some person adversely.
25 (b) A person is guilty of grand theft when he commits a theft as defined
26 in this chapter and when:
27 1. The value of the property taken exceeds one thousand dollars
28 ($1,000); or
29 2. The property consists of a public record, writing or instrument
30 kept, filed or deposited according to law with or in the keeping of
31 any public office or public servant; or
32 3. The property consists of a credit card; or
33 4. The property, regardless of its nature or value, is taken from
34 the person of another; or
35 5. The property, regardless of its nature and value, is obtained by
36 extortion; or
37 6. The property consists of one (1) or more firearms, rifles or
38 shotguns; or
39 7. The property taken or deliberately killed is livestock or any
40 other animal exceeding one hundred fifty dollars ($150) in value.
41 8. When any series of thefts, comprised of individual thefts having
42 a value of one thousand dollars ($1,000) or less, are part of a com-
43 mon scheme or plan, the thefts may be aggregated in one (1) count and
2
1 the sum of the value of all of the thefts shall be the value consid-
2 ered in determining whether the value exceeds one thousand dollars
3 ($1,000); or
4 9. The property has an aggregate value over fifty dollars ($50.00)
5 and is stolen during three (3) or more incidents of theft during a
6 criminal episode. For purposes of this subparagraph a "criminal epi-
7 sode" shall mean a series of unlawful acts committed over a period of
8 up to three (3) days; or
9 10. The property is anhydrous ammonia.
10 (2) Petit theft. A person is guilty of petit theft when he commits a
11 theft as defined in this chapter and his actions do not constitute grand
12 theft.
13 SECTION 2. That Section 18-2408, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 18-2408. PUNISHMENT FOR THEFT. (1) Grand theft committed in a manner pre-
16 scribed in subsection (1)(a) of section 18-2407, Idaho Code, is a felony pun-
17 ishable by fine not exceeding ten thousand dollars ($10,000) or imprisonment
18 in the state prison for not less than one (1) year nor more than twenty (20)
19 years, or by both such fine and imprisonment.
20 (2) (a) Grand theft committed in a manner prescribed in subsection
21 (1)(b)1., 2., 3., 4., 5., 6., 8., or 9. or 10. of section 18-2407, Idaho
22 Code, is a felony punishable by a fine not exceeding five thousand dollars
23 ($5,000), or by imprisonment in the state prison for not less than one (1)
24 year nor more than fourteen (14) years, or by both such fine and imprison-
25 ment.
26 (b) Grand theft committed in a manner prescribed in subsection (1)(b)7.
27 of section 18-2407, Idaho Code, is a felony punishable by a fine of not
28 less than one thousand dollars ($1,000) nor more than five thousand dol-
29 lars ($5,000), and the minimum fine shall not be suspended or withheld, or
30 by imprisonment in the state prison for not less than one (1) year nor
31 more than fourteen (14) years, or by both such fine and imprisonment. In
32 addition, the court shall assess civil damages as provided in section
33 25-1910, Idaho Code.
34 (3) Petit theft is a misdemeanor punishable by a fine not exceeding one
35 thousand dollars ($1,000), or by imprisonment in the county jail not exceeding
36 one (1) year or by both.
37 SECTION 3. That Chapter 6, Title 22, Idaho Code, be, and the same is
38 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
39 ignated as Section 22-626, Idaho Code, and to read as follows:
40 22-626. ANHYDROUS AMMONIA -- PROHIBITED ACTIVITIES -- DAMAGES. Notwith-
41 standing any other provision of this chapter:
42 (1) A person is guilty of the crime of unlawful storage of anhydrous
43 ammonia in a container that:
44 (a) Is not approved by the United States department of transportation to
45 hold anhydrous ammonia; or
46 (b) Was not constructed to meet state and federal industrial health and
47 safety standards for holding anhydrous ammonia.
48 (2) Violation of this section is a felony.
49 (3) This section does not apply to public employees or private contrac-
50 tors authorized to clean up and dispose of hazardous waste or toxic substances
51 pursuant to the provisions of chapter 22, title 49, Idaho Code.
3
1 (4) Any damages arising out of the unlawful possession of, storage of, or
2 tampering with anhydrous ammonia equipment shall be the sole responsibility of
3 the person or persons unlawfully possessing, storing or tampering with the
4 anhydrous ammonia. In no case shall liability for damages arising out of the
5 unlawful possession of, storage of, or tampering with anhydrous ammonia or
6 anhydrous ammonia equipment extend to the lawful owner, installer, maintainer,
7 designer, manufacturer, possessor or seller of the anhydrous ammonia or anhy-
8 drous ammonia equipment, unless such damages arise out of the acts or omis-
9 sions of the owner, installer, maintainer, designer, manufacturer, possessor
10 or seller that constitute negligent misconduct to abide by the laws regarding
11 anhydrous ammonia possession and storage.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Young
Seconded by Field (13)
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 564
1 AMENDMENTS TO SECTION 3
2 On page 2 of the printed bill, in line 37, delete "Chapter 6, Title 22"
3 and insert: "Chapter 27, Title 37"; in line 39, delete "22-626" and insert:
4 "37-2734C"; delete lines 40 and 41, and insert: "37-2734C. PROHIBITED ACTS F
5 -- PENALTIES.".
6 CORRECTIONS TO TITLE
7 On page 1, in line 5, delete "CHAPTER 6, TITLE 22" and insert: "CHAPTER
8 27, TITLE 37"; and also in line 5, delete "22-626" and insert: "37-2734C".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 564, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ANHYDROUS AMMONIA; AMENDING SECTION 18-2407, IDAHO CODE, TO PRO-
3 VIDE FOR THEFT OF ANHYDROUS AMMONIA; AMENDING SECTION 18-2408, IDAHO CODE,
4 TO PROVIDE FOR PUNISHMENT FOR THEFT OF ANHYDROUS AMMONIA; AND AMENDING
5 CHAPTER 27, TITLE 37, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
6 37-2734C, IDAHO CODE, TO CLASSIFY CERTAIN ACTIVITIES RELATING TO ANHYDROUS
7 AMMONIA AND ANHYDROUS AMMONIA EQUIPMENT AS FELONIES, TO PROVIDE AN EXCEP-
8 TION AND TO PROVIDE FOR DAMAGES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 18-2407, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-2407. GRADING OF THEFT. Theft is divided into two (2) degrees, grand
13 theft and petit theft.
14 (1) Grand theft.
15 (a) A person is guilty of grand theft when he commits a theft as defined
16 in this chapter and when the property, regardless of its nature and value,
17 is obtained by extortion committed by instilling in the victim a fear that
18 the actor or another person will:
19 1. Cause physical injury to some person in the future; or
20 2. Cause damage to property; or
21 3. Use or abuse his position as a public servant by engaging in con-
22 duct within or related to his official duties, or by failing or
23 refusing to perform an official duty, in such manner as to affect
24 some person adversely.
25 (b) A person is guilty of grand theft when he commits a theft as defined
26 in this chapter and when:
27 1. The value of the property taken exceeds one thousand dollars
28 ($1,000); or
29 2. The property consists of a public record, writing or instrument
30 kept, filed or deposited according to law with or in the keeping of
31 any public office or public servant; or
32 3. The property consists of a credit card; or
33 4. The property, regardless of its nature or value, is taken from
34 the person of another; or
35 5. The property, regardless of its nature and value, is obtained by
36 extortion; or
37 6. The property consists of one (1) or more firearms, rifles or
38 shotguns; or
39 7. The property taken or deliberately killed is livestock or any
40 other animal exceeding one hundred fifty dollars ($150) in value.
41 8. When any series of thefts, comprised of individual thefts having
42 a value of one thousand dollars ($1,000) or less, are part of a com-
43 mon scheme or plan, the thefts may be aggregated in one (1) count and
2
1 the sum of the value of all of the thefts shall be the value consid-
2 ered in determining whether the value exceeds one thousand dollars
3 ($1,000); or
4 9. The property has an aggregate value over fifty dollars ($50.00)
5 and is stolen during three (3) or more incidents of theft during a
6 criminal episode. For purposes of this subparagraph a "criminal epi-
7 sode" shall mean a series of unlawful acts committed over a period of
8 up to three (3) days; or
9 10. The property is anhydrous ammonia.
10 (2) Petit theft. A person is guilty of petit theft when he commits a
11 theft as defined in this chapter and his actions do not constitute grand
12 theft.
13 SECTION 2. That Section 18-2408, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 18-2408. PUNISHMENT FOR THEFT. (1) Grand theft committed in a manner pre-
16 scribed in subsection (1)(a) of section 18-2407, Idaho Code, is a felony pun-
17 ishable by fine not exceeding ten thousand dollars ($10,000) or imprisonment
18 in the state prison for not less than one (1) year nor more than twenty (20)
19 years, or by both such fine and imprisonment.
20 (2) (a) Grand theft committed in a manner prescribed in subsection
21 (1)(b)1., 2., 3., 4., 5., 6., 8., or 9. or 10. of section 18-2407, Idaho
22 Code, is a felony punishable by a fine not exceeding five thousand dollars
23 ($5,000), or by imprisonment in the state prison for not less than one (1)
24 year nor more than fourteen (14) years, or by both such fine and imprison-
25 ment.
26 (b) Grand theft committed in a manner prescribed in subsection (1)(b)7.
27 of section 18-2407, Idaho Code, is a felony punishable by a fine of not
28 less than one thousand dollars ($1,000) nor more than five thousand dol-
29 lars ($5,000), and the minimum fine shall not be suspended or withheld, or
30 by imprisonment in the state prison for not less than one (1) year nor
31 more than fourteen (14) years, or by both such fine and imprisonment. In
32 addition, the court shall assess civil damages as provided in section
33 25-1910, Idaho Code.
34 (3) Petit theft is a misdemeanor punishable by a fine not exceeding one
35 thousand dollars ($1,000), or by imprisonment in the county jail not exceeding
36 one (1) year or by both.
37 SECTION 3. That Chapter 27, Title 37, Idaho Code, be, and the same is
38 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
39 ignated as Section 37-2734C, Idaho Code, and to read as follows:
40 37-2734C. PROHIBITED ACTS F -- PENALTIES. (1) A person is guilty of the
41 crime of unlawful storage of anhydrous ammonia in a container that:
42 (a) Is not approved by the United States department of transportation to
43 hold anhydrous ammonia; or
44 (b) Was not constructed to meet state and federal industrial health and
45 safety standards for holding anhydrous ammonia.
46 (2) Violation of this section is a felony.
47 (3) This section does not apply to public employees or private contrac-
48 tors authorized to clean up and dispose of hazardous waste or toxic substances
49 pursuant to the provisions of chapter 22, title 49, Idaho Code.
50 (4) Any damages arising out of the unlawful possession of, storage of, or
51 tampering with anhydrous ammonia equipment shall be the sole responsibility of
3
1 the person or persons unlawfully possessing, storing or tampering with the
2 anhydrous ammonia. In no case shall liability for damages arising out of the
3 unlawful possession of, storage of, or tampering with anhydrous ammonia or
4 anhydrous ammonia equipment extend to the lawful owner, installer, maintainer,
5 designer, manufacturer, possessor or seller of the anhydrous ammonia or anhy-
6 drous ammonia equipment, unless such damages arise out of the acts or omis-
7 sions of the owner, installer, maintainer, designer, manufacturer, possessor
8 or seller that constitute negligent misconduct to abide by the laws regarding
9 anhydrous ammonia possession and storage.
STATEMENT OF PURPOSE
RS 11840
This proposed legislation seeks to criminalize the act of theft
of anhydrous ammonia and transporting it in unapproved
containers. The legislation will hold farmers and dealers
harmless from any liability that may result from such illegal
activities. This proposed legislation will aid in interceding in
individuals involved in the manufacture and sale of
methamphetamine drugs.
FISCAL IMPACT
Fiscal impact will be neutral as prosecution costs may rise but
the reduction of meth related costs should more than offset
increased prosecution costs.
Contact
Name: Rep. Young
Phone: 332-1000
Major Dan Charbonneau, ISP
STATEMENT OF PURPOSE/FISCAL NOTE H 564