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S1449aa..............................................by JUDICIARY AND RULES
NAVIGATIONAL ENCROACHMENTS - Amends existing law relating to navigational
encroachments to revise certain civil penalty provisions; to provide for
the assessment of civil penalties in conjunction with other administrative
actions; to provide a condition for the assessment of civil penalties; to
provide for civil penalties where violations cause harm to water quality,
fisheries or other public trust values; to provide liability for specified
expenses; and to provide that designated actions shall not relieve persons
committing violations from civil actions and damages.
02/28 Senate intro - 1st rdg - to printing
02/29 Rpt prt - to Res/Env
03/06 Rpt out - to 14th Ord
03/11 Rpt out amen - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
03/13 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsors - Jorgenson & Schroeder
Title apvd - to House
03/14 House intro - 1st rdg - to Res/Con
03/18 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 49-21-0
AYES -- Anderson, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock,
Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Durst, Eskridge, Hart, Henbest, Henderson, Jaquet, Killen,
King, LeFavour, Moyle, Nonini, Pasley-Stuart, Pence, Raybould, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thomas, Trail,
Vander Woude, Wills, Wood(27)
NAYS -- Andrus, Barrett, Bowers, Crane, Hagedorn, Harwood, Kren,
Labrador, Lake, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Nielsen, Patrick, Shepherd(08), Thayn, Wood(35), Mr.
Speaker
Absent and excused -- None
Floor Sponsor - Sayler
Title apvd - to Senate
03/20 To enrol
03/24 Rpt enrol - Pres signed
03/25 Sp signed
03/26 To Governor
04/01 Governor signed
Session Law Chapter 334
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1449 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO NAVIGATIONAL ENCROACHMENTS; AMENDING SECTION 58-1308, IDAHO CODE, 3 TO REVISE CERTAIN CIVIL PENALTY PROVISIONS, TO PROVIDE FOR THE ASSESSMENT 4 OF CIVIL PENALTIES IN CONJUNCTION WITH OTHER ADMINISTRATIVE ACTIONS, TO 5 PROVIDE A CONDITION FOR THE ASSESSMENT OF CIVIL PENALTIES, TO PROVIDE FOR 6 CIVIL PENALTIES WHERE VIOLATIONS CAUSE HARM TO WATER QUALITY, FISHERIES, 7 OR OTHER PUBLIC TRUST VALUES, TO PROVIDE LIABILITY FOR SPECIFIED EXPENSES, 8 TO PROVIDE THAT DESIGNATED ACTIONS SHALL NOT RELIEVE PERSONS COMMITTING 9 VIOLATIONS FROM CERTAIN CIVIL ACTIONS AND DAMAGES, TO PROVIDE FOR THE LAKE 10 PROTECTION FUND AND TO MAKE TECHNICAL CORRECTIONS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 58-1308, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 58-1308. PENALTY FOR VIOLATION -- INJUNCTIVE RELIEF. (1) Any person who 15 violates any of the provisions of thisactchapter or any valid and authorized 16 regulation, rule, permit or order of the board, or, where notified by personal 17 service or certified mail of such violation and thereafter fails to cease and 18 desist therein or obey an order of the board within the time provided in such 19 notification or within thirty (30) days of service of such notice if not 20 otherwise provided, shall be subject to a civil penalty of not less than one 21 hundred fifty dollars ($150) nor more than two thousand five hundred dollars 22 ($2,500). Such civil penalty may be assessed by the board in conjunction with 23 any other administrative action; provided, that no civil penalty shall be 24 assessed unless the person was given notice and opportunity for a hearing pur- 25 suant to the administrative procedure act as set forth in chapter 52, title 26 67, Idaho Code. The board shall have authority and it shall be its duty to 27 seek injunctive relief from the appropriate district court to restrain any 28 person from encroaching on, in or above the beds or waters of a navigable lake 29 until approval therefor has been obtained as provided in thisactchapter. 30 (2) In addition to the civil penalty set forth in subsection (1) of this 31 section, any person who violates any of the provisions of this chapter or any 32 valid and authorized regulation, rule, permit or order of the board, and the 33 violation causes harm to water quality, fisheries, or other public trust 34 values, shall be liable for a civil penalty not to exceed ten thousand dollars 35 ($10,000) per violation or one thousand dollars ($1,000) for each day of a 36 continuing violation, whichever is greater. The method of recovery of said 37 penalty shall be by a civil enforcement action in the district court in and 38 for the county where the violation occurred. Parties to an administrative 39 enforcement action may agree to a civil penalty as provided in this subsec- 40 tion. 41 (3) In addition to such civil penalties, any person who has been deter- 42 mined to have violated the provisions of this chapter or any valid and author- 43 ized regulation, rule, permit or order of the board, shall be liable for any 2 1 expense incurred by the state in enforcing the chapter, or in enforcing or 2 terminating any nuisance, source of environmental degradation, cause of sick- 3 ness or health hazard. 4 (4) No action taken pursuant to the provisions of this chapter or of any 5 other environmental protection law shall relieve any person from any civil 6 action and damages that may exist for injury or damage resulting from any 7 violation of this chapter or any valid and authorized regulation, rule, permit 8 or order of the board. 9 (5) All sums recovered pursuant to subsections (1) and (2) of this sec- 10 tion shall be placed in the state treasury and credited to the lake protection 11 fund, which is hereby created, and continuously appropriated to the board for 12 the purpose of restoring and enhancing public trust resources on the body of 13 water on which the violation occurred. Interest earned on investment of idle 14 moneys in the fund shall be paid to the lake protection fund.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Cameron Seconded by Jorgenson IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1449 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, delete lines 9 through 14. 3 CORRECTION TO TITLE 4 On page 1, in lines 9 and 10, delete ", TO PROVIDE FOR THE LAKE PROTECTION 5 FUND".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1449, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO NAVIGATIONAL ENCROACHMENTS; AMENDING SECTION 58-1308, IDAHO CODE, 3 TO REVISE CERTAIN CIVIL PENALTY PROVISIONS, TO PROVIDE FOR THE ASSESSMENT 4 OF CIVIL PENALTIES IN CONJUNCTION WITH OTHER ADMINISTRATIVE ACTIONS, TO 5 PROVIDE A CONDITION FOR THE ASSESSMENT OF CIVIL PENALTIES, TO PROVIDE FOR 6 CIVIL PENALTIES WHERE VIOLATIONS CAUSE HARM TO WATER QUALITY, FISHERIES, 7 OR OTHER PUBLIC TRUST VALUES, TO PROVIDE LIABILITY FOR SPECIFIED EXPENSES, 8 TO PROVIDE THAT DESIGNATED ACTIONS SHALL NOT RELIEVE PERSONS COMMITTING 9 VIOLATIONS FROM CERTAIN CIVIL ACTIONS AND DAMAGES AND TO MAKE TECHNICAL 10 CORRECTIONS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 58-1308, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 58-1308. PENALTY FOR VIOLATION -- INJUNCTIVE RELIEF. (1) Any person who 15 violates any of the provisions of thisactchapter or any valid and authorized 16 regulation, rule, permit or order of the board, or, where notified by personal 17 service or certified mail of such violation and thereafter fails to cease and 18 desist therein or obey an order of the board within the time provided in such 19 notification or within thirty (30) days of service of such notice if not 20 otherwise provided, shall be subject to a civil penalty of not less than one 21 hundred fifty dollars ($150) nor more than two thousand five hundred dollars 22 ($2,500). Such civil penalty may be assessed by the board in conjunction with 23 any other administrative action; provided, that no civil penalty shall be 24 assessed unless the person was given notice and opportunity for a hearing pur- 25 suant to the administrative procedure act as set forth in chapter 52, title 26 67, Idaho Code. The board shall have authority and it shall be its duty to 27 seek injunctive relief from the appropriate district court to restrain any 28 person from encroaching on, in or above the beds or waters of a navigable lake 29 until approval therefor has been obtained as provided in thisactchapter. 30 (2) In addition to the civil penalty set forth in subsection (1) of this 31 section, any person who violates any of the provisions of this chapter or any 32 valid and authorized regulation, rule, permit or order of the board, and the 33 violation causes harm to water quality, fisheries, or other public trust 34 values, shall be liable for a civil penalty not to exceed ten thousand dollars 35 ($10,000) per violation or one thousand dollars ($1,000) for each day of a 36 continuing violation, whichever is greater. The method of recovery of said 37 penalty shall be by a civil enforcement action in the district court in and 38 for the county where the violation occurred. Parties to an administrative 39 enforcement action may agree to a civil penalty as provided in this subsec- 40 tion. 41 (3) In addition to such civil penalties, any person who has been deter- 42 mined to have violated the provisions of this chapter or any valid and author- 43 ized regulation, rule, permit or order of the board, shall be liable for any 2 1 expense incurred by the state in enforcing the chapter, or in enforcing or 2 terminating any nuisance, source of environmental degradation, cause of sick- 3 ness or health hazard. 4 (4) No action taken pursuant to the provisions of this chapter or of any 5 other environmental protection law shall relieve any person from any civil 6 action and damages that may exist for injury or damage resulting from any 7 violation of this chapter or any valid and authorized regulation, rule, permit 8 or order of the board.
STATEMENT OF PURPOSE
RS 17767C1
The purpose of this legislation is to increase the civil
penalty authority of the State Board of Land Commissioners for
encroachment violations that cause substantive harm to a lake or to
the public trust values associated with a lake (fisheries, water
quality, etc). Penalties imposed by the current statute are small
and have remained unchanged since the statute was first passed in
1974.
FISCAL IMPACT
There is no fiscal impact.
CONTACT:
Senator Mike Jorgenson
Phone: 332-1344
Senator Gary Schroeder
Phone: 332-1324
STATEMENT OF PURPOSE / FISCAL IMPACT S 1449 aa
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