54-2509. PENALTY FOR VIOLATIONS OF LAW — POWER OF COMMISSION. (1) Any person holding a race meet, and any other person required by this act or the rules of the commission to be licensed, participating, directly or indirectly, in a race meet, without first being licensed by the commission, and any person violating any of the terms or provisions of this act is guilty of a misdemeanor.

(a) There shall be an absolute prohibition of the use of live lures in the state of Idaho for the training of or racing of racing dogs. Any violation of the provisions of this section shall be a felony punishable by a fine not exceeding twenty-five thousand dollars ($25,000), or by a prison term not to exceed seven (7) years, or by both such fine and imprisonment. In addition the state racing commission shall not license any breeder, trainer or kennel whose dogs have been trained or raced with the use of live lures. The racing commission shall adopt rules that will provide for the humane treatment of the dogs involved in any aspect of training for or engaging in dog racing.

(2) The commission shall have the power to exclude from any and all race courses in this state any person who the commission deems detrimental to the best interests of racing, or any person who violates any of the provisions of this act or any rule or order of the commission.

(3) It shall be lawful to conduct race meets on or at a race track, or otherwise, at any time during the week.

(4) Any person maintaining a license issued by the commission, who violates the provisions of this act or the rules of the commission, may have such license suspended or revoked. In addition to such suspension or revocation the commission may levy a monetary penalty commensurate with the gravity of the offense, not to exceed two thousand five hundred dollars ($2,500). The commission, by rule shall provide a summary procedure for such determination at the track, the penalty amount for specified violations, and shall provide for an appeal of any summary decision to the commission. At-the-track summary proceedings shall not be subject to the provisions of chapter 52, title 67, Idaho Code. Hearings and appeals before the commission as allowed by this act or the rules of the commission shall be subject to chapter 52, title 67, Idaho Code, except the provisions of section 67-5254(2), Idaho Code, which is inconsistent with the unique requirements of racing.

(5) All law enforcement officers in this state shall assist in the enforcement of this act and the rules of the commission.

History:

[54-2509, added 1963, ch. 64, sec. 9, p. 246; am. 1969, ch. 221, sec. 3, p. 724; am. 1977, ch. 230, sec. 1, p. 685; am. 1980, ch. 58, sec. 1, p. 116; am. 1987, ch. 316, sec. 7, p. 665; am. 1988, ch. 141, sec. 2, p. 257; am. 1996, ch. 75, sec. 1, p. 241.]