Bill Description: House Bill 294 would replace statutorily defined penalties for pipeline safety deficiencies with a changeable federal standard that includes exponentially higher penalties.

Rating: -2

Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the tenth amendment. conversely, does it restore or uphold the principles of federalism?

House Bill 294 would amend Section 61-712A, Idaho Code, which defines the civil penalty for a "violation of title 61, Idaho Code, governing safety of pipeline facilities and the transportation of gas." 

Currently, this penalty is up to $2,000 "for each violation for each day that the violation persists," but the "maximum civil penalty shall not exceed two hundred thousand dollars ($200,000) for any related series of violation."

The bill would remove this language and replace it with "a civil penalty pursuant to CFR 190.223 at the time the violation occurred."

This is problematic for two reasons. The first is that, as we frequently point out, incorporating federal law by reference subordinates state law to changeable federal statutes. This means the federal government can effectively change state law without the Legislature's knowledge or consent.

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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

The second problem with House Bill 294 is that the federal statute it would incorporate into Idaho code imposes exponentially higher penalties of up to "$272,926 for each violation for each day the violation continues, with a maximum administrative civil penalty not to exceed $2,729,245 for any related series of violations."

Under this federal standard, the daily penalty would be higher than the maximum penalty under state law, and the maximum penalty would increase by 1,265%. 

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