2008 Legislation
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HOUSE BILL NO. 517<br /> – Elderly/disabld/crime against/pnlty

HOUSE BILL NO. 517

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H0517aa,aaS..........................by JUDICIARY, RULES AND ADMINISTRATION
CONSUMER PROTECTION - Amends existing law relating to consumer protection
to provide an enhanced penalty for certain conduct perpetrated against an
elderly person or a disabled person; to provide priority for restitution;
and to define terms.

02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Jud
02/20    Rpt out - to Gen Ord
02/26    Rpt out amen - to engros
02/27    Rpt engros - 1st rdg - to 2nd rdg as amen
02/28    2nd rdg - to 3rd rdg as amen
02/29    3rd rdg as amen - PASSED - 63-4-3
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Block, Bock,
      Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts,
      Ruchti, Rusche, Sayler, Schaefer, Shepherd(08), Shirley, Shively,
      Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas,
      Trail, Vander Woude, Wood(27), Mr. Speaker
      NAYS -- Barrett, Harwood, Mortimer, Wood(35)
      Absent and excused -- Black, Shepherd(02), Wills
    Floor Sponsor - Ruchti
    Title apvd - to Senate
03/03    Senate intro - 1st rdg - to Jud
03/06    Rpt out - to 14th Ord
03/11    Rpt out amen - to 1st rdg as amen
    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 Sponsor - Burkett
    Title apvd - to House
03/14    House concurred in Senate amens - to engros
03/17    Rpt engros - 1st rdg - to 2nd rdg as amen
03/18    2nd rdg - to 3rd rdg as amen
03/19    3rd rdg as amen - PASSED - 65-2-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(24), Snodgrass, Stevenson,
      Thayn, Thomas, Vander Woude, Wills, Wood(27), Mr. Speaker
      NAYS -- Harwood, Mortimer
      Absent and excused -- Smith(30), Trail, Wood(35)
    Floor Sponsor - Ruchti
    Title apvd - to enrol
03/20    Rpt enrol - Sp signed - Pres signed
03/21    To Governor
03/25    Governor signed
         Session Law Chapter 257
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 517

                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO CONSUMER PROTECTION; AMENDING SECTION 48-608, IDAHO CODE, TO  PRO-
  3        VIDE  AN  ENHANCED  PENALTY  FOR  CERTAIN  CONDUCT  PERPETRATED AGAINST AN
  4        ELDERLY PERSON OR A DISABLED PERSON, TO PROVIDE PRIORITY FOR  RESTITUTION,
  5        TO DEFINE TERMS AND TO MAKE TECHNICAL CORRECTIONS.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That  Section  48-608, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        48-608.  LOSS FROM PURCHASE OR LEASE -- ACTUAL AND PUNITIVE  DAMAGES.  (1)
 10    Any  person  who purchases or leases goods or services and thereby suffers any
 11    ascertainable loss of money or property, real or personal, as a result of  the
 12    use  or  employment  by  another  person of a method, act or practice declared
 13    unlawful by this act chapter, may treat  any  agreement  incident  thereto  as
 14    voidable or, in the alternative, may bring an action to recover actual damages
 15    or one thousand dollars ($1,000), whichever is the greater; provided, however,
 16    that  in  the case of a class action, the class may bring an action for actual
 17    damages or a total for the class that may  not  exceed  one  thousand  dollars
 18    ($1,000),  whichever  is  the greater.  Any such person or class may also seek
 19    restitution, an order enjoining the use or  employment  of  methods,  acts  or
 20    practices  declared  unlawful  under  this  chapter  and any other appropriate
 21    relief which the court in its discretion may  deem  just  and  necessary.  The
 22    court  may,  in  its  discretion,  award punitive damages and may provide such
 23    equitable relief as it deems necessary or proper in cases of repeated or  fla-
 24    grant violations.
 25        (2)  An  elderly  person  or  a disabled person who brings an action under
 26    subsection (1) of this section shall, in addition to  the  remedies  available
 27    under  subsection  (1) of this section, recover from the defendant an enhanced
 28    penalty of fifteen thousand dollars ($15,000) or treble  the  actual  damages,
 29    whichever is greater.
 30        (a)  In  order  to  recover the enhanced penalty, the court must find that
 31        the defendant knew or should have known that the defendant's  conduct  was
 32        perpetrated against an elderly or disabled person and that the defendant's
 33        conduct caused one (1) of the following:
 34             (i)   Loss or encumbrance of the elderly or disabled person's primary
 35             residence;
 36             (ii)  Loss  of  more than twenty-five percent (25%) of the elderly or
 37             disabled person's principal source of income;
 38             (iii) Loss of more  than  twenty-five  percent  (25%)  of  the  funds
 39             belonging  to the elderly or disabled person set aside by the elderly
 40             or disabled person for retirement or for personal or family  care  or
 41             maintenance;
 42             (iv)  Loss  of  more  than  twenty-five percent (25%) of the total of
 43             payments that the elderly or disabled person was to receive  under  a

                                       2

  1             pension or retirement plan; or
  2             (v)   Loss  of  assets  essential  to  the  health  or welfare of the
  3             elderly or disabled person.
  4        (b)  If the court orders restitution under subsection (1) of this  section
  5        for  a  pecuniary or monetary loss suffered by an elderly or disabled per-
  6        son, the court shall require that the restitution be paid by the defendant
  7        before the defendant pay the enhanced penalty imposed by this subsection.
  8        (c)  In this subsection:
  9             (i)   "Disabled person" means a person who has  an  impairment  of  a
 10             physical,  mental  or  emotional  nature that substantially limits at
 11             least one (1) major life activity.
 12             (ii)  "Elderly person" means a person who is at least sixty-two  (62)
 13             years of age.
 14             (iii) "Major  life  activity" means self-care, walking, seeing, hear-
 15             ing, speaking, breathing, learning, performing manual tasks or  being
 16             able to be gainfully employed.
 17        (3)  An action brought under subsection (1) of this section may be brought
 18    in  the county in which the person against whom it is brought resides, has his
 19    principal place of business, or is doing business, or in the county where  the
 20    transaction or any substantial portion thereof occurred.
 21        (34)  Upon  commencement  of  any  action  brought under this section, the
 22    clerk of the court shall, for informational purposes only, mail a copy of  the
 23    complaint or other initial pleading to the attorney general and, upon entry of
 24    any  judgment  or  decree in the action, shall mail a copy of such judgment or
 25    decree to the attorney general.
 26        (45)  Costs shall be allowed to the  prevailing  party  unless  the  court
 27    otherwise  directs.  In any action brought by a person under this section, the
 28    court shall award, in addition to the relief provided in this section, reason-
 29    able attorney's fees to the plaintiff if he prevails. The court in its discre-
 30    tion may award attorney's fees to a prevailing defendant if it finds that  the
 31    plaintiff's action is spurious or brought for harassment purposes only.
 32        (56)  Any  permanent injunction, judgment or order of the court made under
 33    section 48-606(1) through (3) or section 48-607, Idaho Code, shall be admissi-
 34    ble as evidence in an action brought under this section  48-608,  Idaho  Code,
 35    that the respondent used or employed a method, act or practice declared unlaw-
 36    ful by this chapter.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by    Davis

                                                     Seconded by Darrington



                                       IN THE SENATE
                        SENATE AMENDMENT TO H.B. NO. 517, As Amended

  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the engrossed  bill,  in  line  27,  delete  "defendant"  and
  3    insert: "offending party"; in line 31, delete "defendant" and insert: "offend-
  4    ing  party";  also in line 31, delete "the defendant's" and insert: "his"; and
  5    in line 32, delete "the defendant's" and insert: "his".
  6        On page 2, in line 6, delete "defendant" and  insert:  "offending  party";
  7    and in line 7, delete "the defendant pay" and insert: "he pays".

                                       2

                                                     Moved by    Bock

                                                     Seconded by Labrador


                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 517


  1                               AMENDMENTS TO SECTION 1
  2        On  page 1 of the printed bill, in line 37, delete "source of" and insert:
  3    "monthly"; in line 42, delete "total of" and insert: "monthly";  and  in  line
  4    43, delete "was to receive" and insert: "receives".

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




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                  HOUSE BILL NO. 517, As Amended, As Amended in the Senate

                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO CONSUMER PROTECTION; AMENDING SECTION 48-608, IDAHO CODE, TO  PRO-
  3        VIDE  AN  ENHANCED  PENALTY  FOR  CERTAIN  CONDUCT  PERPETRATED AGAINST AN
  4        ELDERLY PERSON OR A DISABLED PERSON, TO PROVIDE PRIORITY FOR  RESTITUTION,
  5        TO DEFINE TERMS AND TO MAKE TECHNICAL CORRECTIONS.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That  Section  48-608, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        48-608.  LOSS FROM PURCHASE OR LEASE -- ACTUAL AND PUNITIVE  DAMAGES.  (1)
 10    Any  person  who purchases or leases goods or services and thereby suffers any
 11    ascertainable loss of money or property, real or personal, as a result of  the
 12    use  or  employment  by  another  person of a method, act or practice declared
 13    unlawful by this act chapter, may treat  any  agreement  incident  thereto  as
 14    voidable or, in the alternative, may bring an action to recover actual damages
 15    or one thousand dollars ($1,000), whichever is the greater; provided, however,
 16    that  in  the case of a class action, the class may bring an action for actual
 17    damages or a total for the class that may  not  exceed  one  thousand  dollars
 18    ($1,000),  whichever  is  the greater.  Any such person or class may also seek
 19    restitution, an order enjoining the use or  employment  of  methods,  acts  or
 20    practices  declared  unlawful  under  this  chapter  and any other appropriate
 21    relief which the court in its discretion may  deem  just  and  necessary.  The
 22    court  may,  in  its  discretion,  award punitive damages and may provide such
 23    equitable relief as it deems necessary or proper in cases of repeated or  fla-
 24    grant violations.
 25        (2)  An  elderly  person  or  a disabled person who brings an action under
 26    subsection (1) of this section shall, in addition to  the  remedies  available
 27    under  subsection  (1)  of  this  section, recover from the offending party an
 28    enhanced penalty of fifteen thousand dollars ($15,000) or  treble  the  actual
 29    damages, whichever is greater.
 30        (a)  In  order  to  recover the enhanced penalty, the court must find that
 31        the offending party knew or should have known that his conduct was  perpe-
 32        trated  against  an elderly or disabled person and that his conduct caused
 33        one (1) of the following:
 34             (i)   Loss or encumbrance of the elderly or disabled person's primary
 35             residence;
 36             (ii)  Loss of more than twenty-five percent (25%) of the  elderly  or
 37             disabled person's principal monthly income;
 38             (iii) Loss  of  more  than  twenty-five  percent  (25%)  of the funds
 39             belonging to the elderly or disabled person set aside by the  elderly
 40             or  disabled  person for retirement or for personal or family care or
 41             maintenance;
 42             (iv)  Loss of more than twenty-five percent (25%) of the monthly pay-
 43             ments that the elderly or disabled person receives under a pension or

                                       2

  1             retirement plan; or
  2             (v)   Loss of assets essential  to  the  health  or  welfare  of  the
  3             elderly or disabled person.
  4        (b)  If  the court orders restitution under subsection (1) of this section
  5        for a pecuniary or monetary loss suffered by an elderly or  disabled  per-
  6        son, the court shall require that the restitution be paid by the offending
  7        party before he pays the enhanced penalty imposed by this subsection.
  8        (c)  In this subsection:
  9             (i)   "Disabled  person"  means  a  person who has an impairment of a
 10             physical, mental or emotional nature  that  substantially  limits  at
 11             least one (1) major life activity.
 12             (ii)  "Elderly  person" means a person who is at least sixty-two (62)
 13             years of age.
 14             (iii) "Major life activity" means self-care, walking,  seeing,  hear-
 15             ing,  speaking, breathing, learning, performing manual tasks or being
 16             able to be gainfully employed.
 17        (3)  An action brought under subsection (1) of this section may be brought
 18    in the county in which the person against whom it is brought resides, has  his
 19    principal  place of business, or is doing business, or in the county where the
 20    transaction or any substantial portion thereof occurred.
 21        (34)  Upon commencement of any action  brought  under  this  section,  the
 22    clerk  of the court shall, for informational purposes only, mail a copy of the
 23    complaint or other initial pleading to the attorney general and, upon entry of
 24    any judgment or decree in the action, shall mail a copy of  such  judgment  or
 25    decree to the attorney general.
 26        (45)  Costs  shall  be  allowed  to  the prevailing party unless the court
 27    otherwise directs. In any action brought by a person under this  section,  the
 28    court shall award, in addition to the relief provided in this section, reason-
 29    able attorney's fees to the plaintiff if he prevails. The court in its discre-
 30    tion  may award attorney's fees to a prevailing defendant if it finds that the
 31    plaintiff's action is spurious or brought for harassment purposes only.
 32        (56)  Any permanent injunction, judgment or order of the court made  under
 33    section 48-606(1) through (3) or section 48-607, Idaho Code, shall be admissi-
 34    ble  as  evidence  in an action brought under this section 48-608, Idaho Code,
 35    that the respondent used or employed a method, act or practice declared unlaw-
 36    ful by this chapter.

                                       3

                              IN THE HOUSE OF REPRESENTATIVES

                               HOUSE BILL NO. 517, As Amended

                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO CONSUMER PROTECTION; AMENDING SECTION 48-608, IDAHO CODE, TO  PRO-
  3        VIDE  AN  ENHANCED  PENALTY  FOR  CERTAIN  CONDUCT  PERPETRATED AGAINST AN
  4        ELDERLY PERSON OR A DISABLED PERSON, TO PROVIDE PRIORITY FOR  RESTITUTION,
  5        TO DEFINE TERMS AND TO MAKE TECHNICAL CORRECTIONS.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  2.  That  Section  48-608, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        48-608.  LOSS FROM PURCHASE OR LEASE -- ACTUAL AND PUNITIVE  DAMAGES.  (1)
 10    Any  person  who purchases or leases goods or services and thereby suffers any
 11    ascertainable loss of money or property, real or personal, as a result of  the
 12    use  or  employment  by  another  person of a method, act or practice declared
 13    unlawful by this act chapter, may treat  any  agreement  incident  thereto  as
 14    voidable or, in the alternative, may bring an action to recover actual damages
 15    or one thousand dollars ($1,000), whichever is the greater; provided, however,
 16    that  in  the case of a class action, the class may bring an action for actual
 17    damages or a total for the class that may  not  exceed  one  thousand  dollars
 18    ($1,000),  whichever  is  the greater.  Any such person or class may also seek
 19    restitution, an order enjoining the use or  employment  of  methods,  acts  or
 20    practices  declared  unlawful  under  this  chapter  and any other appropriate
 21    relief which the court in its discretion may  deem  just  and  necessary.  The
 22    court  may,  in  its  discretion,  award punitive damages and may provide such
 23    equitable relief as it deems necessary or proper in cases of repeated or  fla-
 24    grant violations.
 25        (2)  An  elderly  person  or  a disabled person who brings an action under
 26    subsection (1) of this section shall, in addition to  the  remedies  available
 27    under  subsection  (1) of this section, recover from the defendant an enhanced
 28    penalty of fifteen thousand dollars ($15,000) or treble  the  actual  damages,
 29    whichever is greater.
 30        (a)  In  order  to  recover the enhanced penalty, the court must find that
 31        the defendant knew or should have known that the defendant's  conduct  was
 32        perpetrated against an elderly or disabled person and that the defendant's
 33        conduct caused one (1) of the following:
 34             (i)   Loss or encumbrance of the elderly or disabled person's primary
 35             residence;
 36             (ii)  Loss  of  more than twenty-five percent (25%) of the elderly or
 37             disabled person's principal monthly income;
 38             (iii) Loss of more  than  twenty-five  percent  (25%)  of  the  funds
 39             belonging  to the elderly or disabled person set aside by the elderly
 40             or disabled person for retirement or for personal or family  care  or
 41             maintenance;
 42             (iv)  Loss of more than twenty-five percent (25%) of the monthly pay-
 43             ments that the elderly or disabled person receives under a pension or
 44             retirement plan; or
 45             (v)   Loss  of  assets  essential  to  the  health  or welfare of the
 46             elderly or disabled person.

                                       4

  1        (b)  If the court orders restitution under subsection (1) of this  section
  2        for  a  pecuniary or monetary loss suffered by an elderly or disabled per-
  3        son, the court shall require that the restitution be paid by the defendant
  4        before the defendant pay the enhanced penalty imposed by this subsection.
  5        (c)  In this subsection:
  6             (i)   "Disabled person" means a person who has  an  impairment  of  a
  7             physical,  mental  or  emotional  nature that substantially limits at
  8             least one (1) major life activity.
  9             (ii)  "Elderly person" means a person who is at least sixty-two  (62)
 10             years of age.
 11             (iii) "Major  life  activity" means self-care, walking, seeing, hear-
 12             ing, speaking, breathing, learning, performing manual tasks or  being
 13             able to be gainfully employed.
 14        (3)  An action brought under subsection (1) of this section may be brought
 15    in  the county in which the person against whom it is brought resides, has his
 16    principal place of business, or is doing business, or in the county where  the
 17    transaction or any substantial portion thereof occurred.
 18        (34)  Upon  commencement  of  any  action  brought under this section, the
 19    clerk of the court shall, for informational purposes only, mail a copy of  the
 20    complaint or other initial pleading to the attorney general and, upon entry of
 21    any  judgment  or  decree in the action, shall mail a copy of such judgment or
 22    decree to the attorney general.
 23        (45)  Costs shall be allowed to the  prevailing  party  unless  the  court
 24    otherwise  directs.  In any action brought by a person under this section, the
 25    court shall award, in addition to the relief provided in this section, reason-
 26    able attorney's fees to the plaintiff if he prevails. The court in its discre-
 27    tion may award attorney's fees to a prevailing defendant if it finds that  the
 28    plaintiff's action is spurious or brought for harassment purposes only.
 29        (56)  Any  permanent injunction, judgment or order of the court made under
 30    section 48-606(1) through (3) or section 48-607, Idaho Code, shall be admissi-
 31    ble as evidence in an action brought under this section  48-608,  Idaho  Code,
 32    that the respondent used or employed a method, act or practice declared unlaw-
 33    ful by this chapter.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 17844C1

This legislation provides additional protection to the elderly
and the disabled under the Idaho Consumer Protection Act.  In
addition to remedies already available under the Idaho Consumer
Protection Act, the elderly and the disabled may recover from the
offending party $15,000 or treble the actual damages, whichever
is greater.  To qualify for this enhanced penalty, the court must
find that the offending party knew or should have known its
conduct was against an elderly or disabled person and that the
conduct caused one of the damages listed in the legislation. 


                         FISCAL NOTE         

No impact to the General Fund. 






Contact
Name: Rep. James Ruchti, Rep. Raul Labrador, 
Phone: 208-332-1256 
Rep. John Rusche, Rep. Leon Smith                           


STATEMENT OF PURPOSE/FISCAL NOTE                         H 517