2005 Idaho Code - 67-7050 — RECIPROCAL AGREEMENTS

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 70
                            IDAHO SAFE BOATING ACT
    67-7050.  RECIPROCAL AGREEMENTS. (1) The department is authorized to enter
into bilateral, reciprocal agreements with other jurisdictions to provide
mutual assistance in the disposition of vessel offenses committed by residents
of one (1) jurisdiction while in the other jurisdiction.
    (2)  The vessel offense reciprocal agreements entered into on behalf of
this state with all other states legally joining therein shall be in a form
substantially as follows:
               ARTICLE I -- FINDINGS AND DECLARATION OF POLICY
    (1)  The party states find that:
    (a)  The safety of their waters is materially affected by the degree of
    compliance with state laws and local ordinances relating to the operation
    of vessels.
    (b)  Violation of such laws or ordinances is evidence that the violator
    engages in conduct which is likely to endanger the safety of persons and
    property.
    (2)  It is the policy of each of the party states to promote compliance
with the laws, ordinances and administrative rules and regulations relating to
the operation of vessels by their operators in each of the jurisdictions where
such operators operate vessels.
                           ARTICLE II -- DEFINITION
    "State" means a state of the United States and the District of Columbia.
                    ARTICLE III -- CONCURRENT JURISDICTION
    (1)  If conduct is prohibited by two (2) adjoining party states, courts
and law enforcement officers in either state who have jurisdiction over vessel
offenses committed where waters form a common interstate boundary have
concurrent jurisdiction to arrest, prosecute and try offenders for the
prohibited conduct committed anywhere on the boundary water between the two
(2) states.
    (2)  These reciprocal agreements will not authorize:
    (a)  Prosecution of any person for conduct that is unlawful in the state
    where it was committed, but lawful in the other party state.
    (b)  A prohibited conduct by the party state.
                 ARTICLE IV -- CONSTRUCTION AND SEVERABILITY
    These reciprocal agreements shall be liberally construed so as to
effectuate the purposes thereof. The provisions of these reciprocal agreements
shall be severable and if any phrase, clause, sentence or provision of these
reciprocal agreements is declared to be contrary to the constitution of any
party state or of the United States or the applicability thereof to any
government, agency, person or circumstance is held invalid, the validity of
the remainder of these reciprocal agreements and the applicability thereof to
any government, agency, person or circumstance shall not be affected thereby.
If the reciprocal agreements shall be held contrary to the constitution of any
state party thereto, the reciprocal agreements shall remain in full force and
effect as to the remaining states and in full force and effect as to the state
affected as to all severable matters.