2002 Legislation
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SENATE BILL NO. 1347 – Dams/canals/energy fclty, damage

SENATE BILL NO. 1347

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Daily Data Tracking History



S1347aa..............................................by JUDICIARY AND RULES
DAMS/CANALS/ENERGY FACILITIES - Amends and adds to existing law to provide
that certain injurious acts relating to dams, canals, energy facilities and
other structures are unlawful; and to provide for punishment.
                                                                        
01/31    Senate intro - 1st rdg - to printing
02/01    Rpt prt - to Jud
02/11    Rpt out - to 14th Ord
02/18    Rpt out amen - to engros
02/19    Rpt engros - 1st rdg - to 2nd rdg as amen
02/20    2nd rdg - to 3rd rdg as amen
02/21    3rd rdg as amen - PASSED - 28-1-6
      AYES -- Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw,
      Cameron, Darrington, Davis, Deide, Dunklin, Goedde, Hill, Ingram,
      Ipsen, Keough, Little, Lodge, Noh, Richardson, Risch(Risch),
      Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler,
      Williams
      NAYS -- Hawkins
      Absent and excused -- Andreason, Frasure, Geddes, King-Barrutia,
      Marley, Sandy
    Floor Sponsor - Darrington
    Title apvd - to House
02/22    House intro - 1st rdg - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1347
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MALICIOUS INJURIES TO PROPERTY; AMENDING  SECTION  18-7019,  IDAHO
  3        CODE,  TO  MAKE GRAMMATICAL CORRECTIONS AND TO REVISE PENALTIES FOR UNLAW-
  4        FULLY INJURING DAMS, CANALS AND OTHER STRUCTURES; AND AMENDING CHAPTER 70,
  5        TITLE 18, IDAHO CODE, BY THE ADDITION OF  A  NEW  SECTION  18-7040,  IDAHO
  6        CODE, TO PROVIDE THAT CERTAIN INJURIOUS ACTS RELATING TO ENERGY FACILITIES
  7        SHALL  BE UNLAWFUL, TO PROVIDE FOR PUNISHMENT AND TO DEFINE "ENERGY FACIL-
  8        ITY."
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 18-7019, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        18-7019.  INJURING  DAMS,  CANALS,  AND OTHER STRUCTURES -- PENALTY. Every
 13    person who  wilfully  willfully  and  maliciously  cuts,  breaks,  injures  or
 14    destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir
 15    or  other  structure erected to create hydraulic power, or to drain or reclaim
 16    any swamp and overflowed or marsh land, or to conduct water for mining,  manu-
 17    facturing,  reclamation  or agricultural purposes, or any embankment necessary
 18    to the same, or either of them;  or  wilfully  who  willfully  or  maliciously
 19    makes, or causes to be made, any aperture in such dam, canal, flume, aqueduct,
 20    reservoir,  embankment,  levee  or structure, with intent to injure or destroy
 21    the same, is punishable shall be punished by a fine not exceeding fifty  thou-
 22    sand  dollars ($150,000), or by imprisonment in the state prison not exceeding
 23    two ten (10) years, or by both.
                                                                        
 24        SECTION 2.  That Chapter 70, Title 18, Idaho Code, be,  and  the  same  is
 25    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 26    ignated as Section 18-7040, Idaho Code, and to read as follows:
                                                                        
 27        18-7040.  DAMAGE TO ENERGY FACILITIES. (1) Any person who maliciously dam-
 28    ages or attempts to damage the property of an energy  facility  in  an  amount
 29    that  exceeds,  or  would have exceeded if the attempted offense had been com-
 30    pleted, ten thousand dollars ($10,000), or who maliciously causes or  attempts
 31    to  cause  a significant interruption or impairment of a function of an energy
 32    facility, shall be punished by imprisonment for a term not exceeding ten  (10)
 33    years, by a fine not exceeding fifty thousand dollars ($50,000), or by both.
 34        (2)  For  purposes  of  this  section,  the term "energy facility" means a
 35    facility that is involved in the production, storage, transmission or  distri-
 36    bution of electricity, fuel or another form or source of energy, or a facility
 37    that  is  involved  in energy research development or a demonstration facility
 38    relating thereto, regardless of whether such facility is still under construc-
 39    tion or is otherwise not functioning, including any nuclear production  facil-
 40    ity  or utilization facility, nuclear waste storage facility, or uranium stor-
 41    age facility licensed under the provisions of the United States Code,  or  any
                                                                        
                                           2
                                                                        
  1    nuclear  fuel  for  such a utilization facility or any spent nuclear fuel from
  2    such a facility. The property of an energy  facility  includes  any  computer,
  3    computer system or computer network, and any computer software, program, docu-
  4    mentation or data contained in such computer, computer system or computer net-
  5    work.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Barrutia            
                                                                        
                                                     Seconded by Risch               
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1347
                                                                        
  1                                AMENDMENT TO THE BILL
  2        On page 2, following line 5, insert:
  3        "SECTION 3. An emergency existing  therefor,  which  emergency  is  hereby
  4    declared to exist, this act shall be in full force and effect on and after its
  5    passage and approval.".
                                                                        
  6                                 CORRECTIONS TO TITLE
  7        On  page  1, in line 8, delete "ITY."" and insert: "ITY"; AND DECLARING AN
  8    EMERGENCY.".
                                                                        

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1347, As Amended
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MALICIOUS INJURIES TO PROPERTY; AMENDING  SECTION  18-7019,  IDAHO
  3        CODE,  TO  MAKE GRAMMATICAL CORRECTIONS AND TO REVISE PENALTIES FOR UNLAW-
  4        FULLY INJURING DAMS, CANALS AND OTHER STRUCTURES; AND AMENDING CHAPTER 70,
  5        TITLE 18, IDAHO CODE, BY THE ADDITION OF  A  NEW  SECTION  18-7040,  IDAHO
  6        CODE, TO PROVIDE THAT CERTAIN INJURIOUS ACTS RELATING TO ENERGY FACILITIES
  7        SHALL  BE UNLAWFUL, TO PROVIDE FOR PUNISHMENT AND TO DEFINE "ENERGY FACIL-
  8        ITY"; AND DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 18-7019, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        18-7019.  INJURING  DAMS,  CANALS,  AND OTHER STRUCTURES -- PENALTY. Every
 13    person who  wilfully  willfully  and  maliciously  cuts,  breaks,  injures  or
 14    destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir
 15    or  other  structure erected to create hydraulic power, or to drain or reclaim
 16    any swamp and overflowed or marsh land, or to conduct water for mining,  manu-
 17    facturing,  reclamation  or agricultural purposes, or any embankment necessary
 18    to the same, or either of them;  or  wilfully  who  willfully  or  maliciously
 19    makes, or causes to be made, any aperture in such dam, canal, flume, aqueduct,
 20    reservoir,  embankment,  levee  or structure, with intent to injure or destroy
 21    the same, is punishable shall be punished by a fine not exceeding fifty  thou-
 22    sand  dollars ($150,000), or by imprisonment in the state prison not exceeding
 23    two ten (10) years, or by both.
                                                                        
 24        SECTION 2.  That Chapter 70, Title 18, Idaho Code, be,  and  the  same  is
 25    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 26    ignated as Section 18-7040, Idaho Code, and to read as follows:
                                                                        
 27        18-7040.  DAMAGE TO ENERGY FACILITIES. (1) Any person who maliciously dam-
 28    ages or attempts to damage the property of an energy  facility  in  an  amount
 29    that  exceeds,  or  would have exceeded if the attempted offense had been com-
 30    pleted, ten thousand dollars ($10,000), or who maliciously causes or  attempts
 31    to  cause  a significant interruption or impairment of a function of an energy
 32    facility, shall be punished by imprisonment for a term not exceeding ten  (10)
 33    years, by a fine not exceeding fifty thousand dollars ($50,000), or by both.
 34        (2)  For  purposes  of  this  section,  the term "energy facility" means a
 35    facility that is involved in the production, storage, transmission or  distri-
 36    bution of electricity, fuel or another form or source of energy, or a facility
 37    that  is  involved  in energy research development or a demonstration facility
 38    relating thereto, regardless of whether such facility is still under construc-
 39    tion or is otherwise not functioning, including any nuclear production  facil-
 40    ity  or utilization facility, nuclear waste storage facility, or uranium stor-
 41    age facility licensed under the provisions of the United States Code,  or  any
                                                                        
                                           2
                                                                        
  1    nuclear  fuel  for  such a utilization facility or any spent nuclear fuel from
  2    such a facility. The property of an energy  facility  includes  any  computer,
  3    computer system or computer network, and any computer software, program, docu-
  4    mentation or data contained in such computer, computer system or computer net-
  5    work.
                                                                        
  6        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
  7    declared to exist, this act shall be in full force and effect on and after its
  8    passage and approval.

Statement of Purpose / Fiscal Impact


	                 STATEMENT OF PURPOSE
                           RS ll7llCl


This legislation would provide additional protection for Idaho’s 
infrastructure. It increases the penalty for willfully and 
maliciously damaging dams, canals and other structures used to 
conduct water. It also contains a new provision, defining “energy 
facilities”; providing that maliciously damaging or attempting to 
damage such facilities in an amount exceeding $10,000, or causing a 
significant interruption or impairment of a function of such a 
felony, is a felony; and provides appropriate penalties.


                           FISCAL IMPACT


There is no fiscal impact to the general fund.




CONTACTS:


Name:    Steve Tobiason, Deputy Attorney General
Agency:  Office of The Attorney General
Phone:   334-4151




Statement of Purpose/Fiscal Impact		S 1347