SENATE BILL NO. 1232

View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and Underline. Text to be removed has been marked with Strikethrough and Italic. How these codes are actually displayed will vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating text to be removed.

Bill Status



S1232aa..............................................by JUDICIARY AND RULES
AQUACULTURE OPERATION - Adds to existing law to prohibit damage to
aquaculture operations; and to set forth penalties.
                                                                        
01/27    Senate intro - 1st rdg - to printing
01/28    Rpt prt - to Jud
02/10    Rpt out - to 14th Ord
02/19    Rpt out amen - to engros
02/20    Rpt engros - 1st rdg - to 2nd rdg as amen
02/23    2nd rdg - to 3rd rdg as amen
02/27    3rd rdg as amen- PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Sweet, Werk
      NAYS -- None
      Absent and excused -- Hill, Williams
    Floor Sponsors - Noh & Gannon
    Title apvd - to House
03/01    House intro - 1st rdg - to Agric Aff
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 66-1-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Langford, Langhorst, Martinez, McGeachin, McKague,
      Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,
      Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Kulczyk
      Absent and excused -- Gagner, Lake, Roberts
    Floor Sponsor - Jones
    Title apvd - to Senate
03/18    To enrol
03/19    Rpt enrol - Pres signed - Sp signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 143
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1232
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AQUACULTURE OPERATIONS; AMENDING CHAPTER 70, TITLE 18, IDAHO CODE,
  3        BY THE ADDITION OF A NEW SECTION 18-7041, IDAHO CODE, TO  PROHIBIT  DAMAGE
  4        TO  AQUACULTURE  OPERATIONS, TO SET FORTH PENALTIES, TO PROVIDE FOR COURT-
  5        ORDERED RESTITUTION AND TO PERMIT CIVIL REMEDIES.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Chapter 70, Title 18, Idaho Code, be,  and  the  same  is
  8    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  9    ignated as Section 18-7041, Idaho Code, and to read as follows:
                                                                        
 10        18-7041.  DAMAGE TO AQUACULTURE OPERATIONS. (1) It  is  unlawful  for  any
 11    person to transfer, damage, vandalize, poison, or attempt to transfer, damage,
 12    vandalize  or poison the product or facilities of a posted commercial aquacul-
 13    ture operation in Idaho, or to release or knowingly allow  another  person  to
 14    release  any  poisonous  or dangerous substance that comes in contact with any
 15    species in production in an aquaculture operation and causes damage to  either
 16    the species in production or the aquaculture facility itself.
 17        (2)  Any  person  or persons violating any provision of this section shall
 18    be guilty of a felony and upon conviction thereof shall be punished by a  term
 19    of  imprisonment of not more than twenty (20) years or by a fine not in excess
 20    of ten thousand dollars ($10,000), or by both such fine and imprisonment.
 21        (3)  Nothing in this section shall be construed to limit the court's power
 22    to order restitution equal to the extent of the damage suffered by  the  aqua-
 23    culture operation.
 24        (4)  Nothing  in  this  section shall be construed to limit an aquaculture
 25    operation from proceeding in a civil action to seek any lawful civil remedy.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Noh                 
                                                                        
                                                     Seconded by Gannon              
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1232
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 11, following "person  to"  insert:
  3    "knowingly",  and also in line 11, following "poison, or" insert: "knowingly";
  4    and in line 13 delete "to release" and insert: "to knowingly release".
                                                     Moved by    Burkett             
                                                                        
                                                     Seconded by Kennedy             
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1232
                                                                        
  5                                AMENDMENT TO SECTION 1
  6        On page 1 of the printed bill, in line  17,  following  "section"  insert:
  7    "when the value of the damage to either the species in production or the aqua-
  8    culture  facility  itself  is  one  thousand dollars ($1,000) or less shall be
  9    guilty of a misdemeanor. Any person or persons  violating  any  provisions  of
 10    this  section when the value of the damage to either the species in production
 11    or the aquaculture facility itself  is  in  excess  of  one  thousand  dollars
 12    ($1,000)".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1232, As Amended
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AQUACULTURE OPERATIONS; AMENDING CHAPTER 70, TITLE 18, IDAHO CODE,
  3        BY THE ADDITION OF A NEW SECTION 18-7041, IDAHO CODE, TO  PROHIBIT  DAMAGE
  4        TO  AQUACULTURE  OPERATIONS, TO SET FORTH PENALTIES, TO PROVIDE FOR COURT-
  5        ORDERED RESTITUTION AND TO PERMIT CIVIL REMEDIES.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Chapter 70, Title 18, Idaho Code, be,  and  the  same  is
  8    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  9    ignated as Section 18-7041, Idaho Code, and to read as follows:
                                                                        
 10        18-7041.  DAMAGE TO AQUACULTURE OPERATIONS. (1) It  is  unlawful  for  any
 11    person  to knowingly transfer, damage, vandalize, poison, or knowingly attempt
 12    to transfer, damage, vandalize or poison the product or facilities of a posted
 13    commercial aquaculture operation in Idaho, or to knowingly  release  or  know-
 14    ingly  allow  another  person  to release any poisonous or dangerous substance
 15    that comes in contact with any species in production in an aquaculture  opera-
 16    tion  and causes damage to either the species in production or the aquaculture
 17    facility itself.
 18        (2)  Any person or persons violating any provision of  this  section  when
 19    the value of the damage to either the species in production or the aquaculture
 20    facility  itself is one thousand dollars ($1,000) or less shall be guilty of a
 21    misdemeanor. Any person or persons violating any provisions  of  this  section
 22    when  the value of the damage to either the species in production or the aqua-
 23    culture facility itself is in excess of one thousand dollars ($1,000) shall be
 24    guilty of a felony and upon conviction thereof shall be punished by a term  of
 25    imprisonment  of not more than twenty (20) years or by a fine not in excess of
 26    ten thousand dollars ($10,000), or by both such fine and imprisonment.
 27        (3)  Nothing in this section shall be construed to limit the court's power
 28    to order restitution equal to the extent of the damage suffered by  the  aqua-
 29    culture operation.
 30        (4)  Nothing  in  this  section shall be construed to limit an aquaculture
 31    operation from proceeding in a civil action to seek any lawful civil remedy.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13524C1
It is the purpose of this legislation to amend Chapter 70, Title
18, Idaho Code by adding a new section designated as Section 18-
7041, Idaho Code.
This new section to Idaho Code will specify unlawful actions to
aquaculture operations and provide punishment for performing
these actions.



                       FISCAL IMPACT
There will be no direct cost to the general fund for enacting
this legislation. 

















Contact
Name: Senator Laird Noh 
Phone: 332-1333



STATEMENT OF PURPOSE/FISCAL NOTE                S 1232