HOUSE BILL NO. 493

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Bill Status



H0493...............................................by AGRICULTURAL AFFAIRS
BEE INSPECTIONS - Repeals and amends existing law relating to bee
inspections to revise guidelines to ensure that the inspections are
adequate; to revise provisions relating to investigations by the director
of the Department of Agriculture; to revise criminal provisions relating to
owners or keepers of diseased bees; to revise provisions relating to the
transportation of certain bees, supplies and equipment; to provide for the
publication of certain information relating to registered beekeepers by the
Department of Agriculture; to revise registration fee provisions; and to
provide an exemption from registration requirements for hobbyist
beekeepers.
                                                                        
01/27    House intro - 1st rdg - to printing
01/30    Rpt prt - to Agric Aff
02/17    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 62-0-8
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Collins, Crow, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Garrett, Hart, Henbest, Henderson, Jaquet, Kemp, Lake,
      LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller,
      Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smylie(Luker), Snodgrass,
      Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- None
      Absent and excused -- Brackett, Clark, Deal, Field(23), Harwood,
      Sali, Smith(24), Wood
    Floor Sponsor - Pence
    Title apvd - to Senate
02/24    Senate intro - 1st rdg - to Agric Aff
03/03    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Corder
    Title apvd - to House
03/09    To enrol
03/10    Rpt enrol - Sp signed
03/13    Pres signed
03/14    To Governor
03/15    Governor signed
         Session Law Chapter 86
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 493
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BEE INSPECTIONS; AMENDING SECTION 22-2517, IDAHO CODE, TO REDESIG-
  3        NATE THE SECTION AND TO  PROVIDE  CORRECT  TERMINOLOGY;  AMENDING  SECTION
  4        22-2518, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMI-
  5        NOLOGY,  TO REVISE DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
  6        SECTION 22-2519, IDAHO CODE, TO REDESIGNATE THE SECTION, TO  PROVIDE  COR-
  7        RECT  TERMINOLOGY  AND TO REVISE GUIDELINES TO ENSURE THAT THE INSPECTIONS
  8        ARE ADEQUATE; AMENDING SECTION 22-2520, IDAHO  CODE,  TO  REDESIGNATE  THE
  9        SECTION,  TO  REVISE PROVISIONS RELATING TO INVESTIGATIONS BY THE DIRECTOR
 10        OF THE DEPARTMENT OF  AGRICULTURE  AND  TO  PROVIDE  CORRECT  TERMINOLOGY;
 11        REPEALING  SECTION  22-2521,  IDAHO  CODE,  RELATING  TO UNOCCUPIED COMBS;
 12        AMENDING SECTION 22-2523, IDAHO CODE, TO REDESIGNATE THE  SECTION  AND  TO
 13        REVISE CRIMINAL PROVISIONS RELATING TO OWNERS OR KEEPERS OF DISEASED BEES;
 14        AMENDING  SECTION 22-2524, IDAHO CODE, TO REDESIGNATE THE SECTION; REPEAL-
 15        ING SECTION 22-2525, IDAHO CODE, RELATING TO PERMITS TO BRING  COMB  HONEY
 16        AND  BEES  INTO THE STATE; REPEALING SECTION 22-2526, IDAHO CODE, RELATING
 17        TO PERMIT REQUIREMENTS FOR  THE  IMPORTATION  OF  BEES;  AMENDING  SECTION
 18        22-2529, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMI-
 19        NOLOGY  AND TO REVISE PROVISIONS RELATING TO THE TRANSPORTATION OF CERTAIN
 20        BEES, SUPPLIES AND  EQUIPMENT;  REPEALING  SECTION  22-2530,  IDAHO  CODE,
 21        RELATING  TO  ANNUAL  GENERAL AND CONTINUING PERMITS; AMENDING CHAPTER 25,
 22        TITLE 22, IDAHO CODE, BY THE ADDITION OF  A  NEW  SECTION  22-2508,  IDAHO
 23        CODE,  TO  PROVIDE  FOR THE PUBLICATION OF CERTAIN INFORMATION RELATING TO
 24        REGISTERED BEEKEEPERS BY THE DEPARTMENT OF AGRICULTURE;  AMENDING  SECTION
 25        22-2532,  IDAHO  CODE,  TO  REDESIGNATE THE SECTION AND TO PROVIDE CORRECT
 26        TERMINOLOGY; AMENDING SECTION 22-2536, IDAHO CODE, TO REDESIGNATE THE SEC-
 27        TION, TO REVISE REGISTRATION FEE PROVISIONS AND TO  PROVIDE  AN  EXEMPTION
 28        FROM  REGISTRATION  REQUIREMENTS FOR HOBBYIST BEEKEEPERS; AMENDING SECTION
 29        22-2538, IDAHO CODE, TO REDESIGNATE THE SECTION  AND  TO  PROVIDE  CORRECT
 30        TERMINOLOGY; AMENDING SECTION 22-2539, IDAHO CODE, TO REDESIGNATE THE SEC-
 31        TION;  AND  AMENDING  SECTION 22-2540, IDAHO CODE, TO REDESIGNATE THE SEC-
 32        TION.
                                                                        
 33    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 34        SECTION 1.  That Section 22-2517, Idaho Code, be, and the same  is  hereby
 35    amended to read as follows:
                                                                        
 36        22-251701.  PUBLIC  POLICY.  The  Idaho  based bee industry has a need for
 37    inspections and certification in order to transport bees into other states for
 38    pollination; there is a further need to minimize the presence of bee pests and
 39    diseases within the state. Therefore, it is declared to be  public  policy  of
 40    the  state  of  Idaho  to  provide  a  qualified inspection service within the
 41    department of agriculture, to issue regulations rules setting  fees  for  such
 42    services  and to take such action to control pests and diseases of bees as the
 43    resources provided under this act chapter support.
                                                                        
                                           2
                                                                        
  1        SECTION 2.  That Section 22-2518, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        22-251802.  DEFINITIONS.  The  following  terms shall be construed respec-
  4    tively when used in this act chapter to mean:
  5        (1)  "Apiary" means any place where one (1) or more colonies of  bees  are
  6    kept, or one (1) or more hives containing honey combs or bee combs are kept.
  7        (2)  "Bee  diseases"  means a condition of a colony of bees wherein suffi-
  8    cient numbers of individual bees or the colony as a whole are afflicted by  or
  9    infested  with  bacterial, fungal, viral, parasitic, or other organisms to the
 10    extent that the well-being of the colony is affected. Specific diseases  shall
 11    be determined by regulation rule.
 12        (3)  "Bees" means any stage of common honey bee, Apis mellifera L.
 13        (4)  "Colony"  means  the  hive  and  bees  therein  with or without extra
 14    supers.
 15        (5)  "Comb" means and includes all materials which are normally  deposited
 16    into  hives  by  bees.  It  does  not  include extracted honey or royal jelly,
 17    trapped pollen and processed beeswax.
 18        (6)  "Commercial beekeeper" means a person engaged in  the  management  of
 19    honey bees for their products and for pollination services.
 20        (7)  "Director"  means the director of the Idaho department of agriculture
 21    or his designated agent.
 22        (8)  "Equipment" means hives, supers, frames, veils, gloves or any appara-
 23    tus, tools, machines or other devices used in the handling and manipulation of
 24    bees, wax and hives, and shall also include any containers for honey  and  wax
 25    which may be used in any apiary or in transporting bees and their products and
 26    apiary supplies.
 27        (9)  "Exotic  strain  of  bees"  means  African  or Africanized bees (Apis
 28    mellifera scutellata) or any other developed strain of bees known to be  harm-
 29    ful, but not known to be present ordinarily in this state.
 30        (10) "Hive"  means  frame,  hive, box, barrel, log gum, skep, or any other
 31    receptacle or container, natural or artificial, or any part thereof, which may
 32    be used as a domicile for bees.
 33        (11) "Hobbyist beekeeper" means a person  engaged  in  the  management  of
 34    honey bees for pleasure and whose stock does not exceed fifty (50) colonies.
 35        (12) "Persons"  means individuals, associations, partnerships and corpora-
 36    tions.
 37        (13) "Qualified bistate beekeeper" a person who is a bona fide  registered
 38    beekeeper  and  resident  of  and taxpayer of the state of Idaho, owning a bee
 39    yard or bee yards in both Idaho and another state, whose headquarters  are  in
 40    the state of Idaho.
 41        (14) "Queen  apiary"  means any apiary or premises in which queen bees are
 42    reared or kept for sale or gift.
                                                                        
 43        SECTION 3.  That Section 22-2519, Idaho Code, be, and the same  is  hereby
 44    amended to read as follows:
                                                                        
 45        22-251903.  DIRECTOR  TO  CONDUCT  APIARY INSPECTIONS -- REGULATIONS RULES
 46    SETTING FEES FOR REQUESTED INSPECTIONS AUTHORIZED. The director shall  conduct
 47    such  apiary  inspections  as may be required by Idaho beekeepers to transport
 48    bees to other jurisdictions. To ensure that the inspections are adequate,  the
 49    director  shall  consult with scientists designated by the dean of the college
 50    of agriculture, University of Idaho, the directors of the Idaho honey associa-
 51    tion or successor organizations, and with other persons knowledgeable  in  the
 52    science and art of beekeeping. The director shall establish by regulation rule
                                                                        
                                           3
                                                                        
  1    a schedule of fees for inspection work to be paid by the person requesting the
  2    inspection.
                                                                        
  3        SECTION  4.  That  Section 22-2520, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        22-252004.  DUTIES OF THE DIRECTOR IN CONTROLLING THE  SPREAD  OF  DISEASE
  6    AND  EXOTIC  STRAIN  OF BEES. When the director shall be notified of the exis-
  7    tence in any apiary of a transmissible bee disease or exotic strain  of  bees,
  8    or items prohibited in section 22-2521, Idaho Code, he shall conduct appropri-
  9    ate investigations to the extent that the resources provided by this act chap-
 10    ter   support.   If   the  investigation  establishes  the  presence  of  such
 11    transmissible disease or exotic strain of bees, the director may order  abate-
 12    ment  by  methods which he shall prescribe. These methods may include destruc-
 13    tion of the infested bees or exotic strain of bees and contaminated equipment.
 14    Infested colonies or other equipment may not be removed from the  premises  on
 15    which  they are found without written permission of the director. The director
 16    may, by rule, establish tolerances of regulated bee diseases allowable in api-
 17    aries and establish a certification program for beekeepers in order to prevent
 18    and control the movement of exotic strains of bees into the state.
                                                                        
 19        SECTION 5.  That Section 22-2521, Idaho Code, be, and the same  is  hereby
 20    repealed.
                                                                        
 21        SECTION  6.  That  Section 22-2523, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        22-252305.  DUTY OF OWNER OF DISEASED BEES -- PENALTY. Any owner or keeper
 24    of bees, knowing or being notified by the director of the existence  of  foul-
 25    brood or other infectious or contagious a bee disease in his apiary, who fails
 26    either  to comply with the instructions of the director, designed to cure said
 27    disease, or to destroy the infected bees, hives or appliances, within the time
 28    designated by the director, is guilty of a misdemeanor.
                                                                        
 29        SECTION 7.  That Section 22-2524, Idaho Code, be, and the same  is  hereby
 30    amended to read as follows:
                                                                        
 31        22-252406.  RIGHT  TO INSPECT -- PENALTY FOR RESISTING. The director shall
 32    have the right to enter the premises of any beekeeper where bees or  equipment
 33    are  kept,  and  inspect  such  bees or equipment, and any person resisting or
 34    refusing to allow such inspection shall be guilty of a misdemeanor.
                                                                        
 35        SECTION 8.  That Section 22-2525, Idaho Code, be, and the same  is  hereby
 36    repealed.
                                                                        
 37        SECTION  9.  That  Section 22-2526, Idaho Code, be, and the same is hereby
 38    repealed.
                                                                        
 39        SECTION 10.  That Section 22-2529, Idaho Code, be, and the same is  hereby
 40    amended to read as follows:
                                                                        
 41        22-252907.  ACT CHAPTER CONSTRUED TO PERMIT TRANSPORTATION OF BEES -- PER-
 42    MIT.  This  act  chapter  shall not be construed to prevent the transportation
 43    across the Idaho state line of bees in hives, or bee supplies  and  equipment,
 44    between bee yards owned by, or under the control of a "qualified bi-state bee-
                                                                        
                                           4
                                                                        
  1    keeper." However, such transportation shall not be lawful unless a general and
  2    continuing  permit  therefor as hereinafter provided in section 22-2530, Idaho
  3    Code, shall have been first obtained from the director, and such permit may be
  4    revoked by the director upon a showing that such  privilege  has  been  or  is
  5    being abused beekeeper registered pursuant to section 22-2510, Idaho Code. Bee
  6    colonies  in transit through Idaho shall be netted while within the borders of
  7    Idaho and no such bees shall be off loaded in Idaho without full compliance of
  8    the laws.
                                                                        
  9        SECTION 11.  That Section 22-2530, Idaho Code, be, and the same is  hereby
 10    repealed.
                                                                        
 11        SECTION  12.  That  Chapter  25, Title 22, Idaho Code, be, and the same is
 12    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 13    ignated as Section 22-2508, Idaho Code, and to read as follows:
                                                                        
 14        22-2508.  PUBLICATION  OF REGISTERED BEEKEEPERS. The department shall make
 15    available to any pesticide applicator registered with the department, mosquito
 16    abatement or pest control district, or University of Idaho county agricultural
 17    extension office, a list of beekeepers registered  with  the  department.  The
 18    list  shall  include  the  names  and telephone numbers of the beekeepers, the
 19    counties in which they keep bees, and any  other  information  the  department
 20    deems  necessary to assist in the prevention of accidental poisoning of honey-
 21    bees.
                                                                        
 22        SECTION 13.  That Section 22-2532, Idaho Code, be, and the same is  hereby
 23    amended to read as follows:
                                                                        
 24        22-253209.  MONEYS  RECEIVED  PAID INTO "BEE INSPECTION SPECIAL FUND." All
 25    moneys received pursuant to the provisions of this act chapter shall  be  paid
 26    to  the state treasurer and kept by the state treasurer in a special and sepa-
 27    rate fund to be known as the "bee inspection special fund."
                                                                        
 28        SECTION 14.  That Section 22-2536, Idaho Code, be, and the same is  hereby
 29    amended to read as follows:
                                                                        
 30        22-253610.  TAX  ON  BEES REGISTRATION -- ASSESSMENT -- COLLECTION -- PRO-
 31    CEEDS. (a1) There is hereby levied upon each  beekeeper  maintaining  colonies
 32    within  the  state  of  Idaho,  a  or desiring to move bees into the state, an
 33    annual registration fee of ten dollars ($10.00) for up to fifty (50) colonies.
 34    Each additional colony in excess of the first fifty  (50)  colonies  shall  be
 35    assessed  at  the  rate of ten cents (10¢) per colony. Hobbyist beekeepers are
 36    exempt from registration under this section.
 37        (b2)  The tax registration fee assessed for colonies in  excess  of  fifty
 38    (50) colonies may be increased to not more than twenty cents (20¢) per hive or
 39    colony  per year, if approved by a majority of the beekeepers voting in a ref-
 40    erendum held for the purpose of determining whether such levy of the tax  reg-
 41    istration  fee shall or shall not be changed. If the levy of the tax registra-
 42    tion fee is changed, the levy of the tax registration fee will continue  annu-
 43    ally  at the changed rate until again changed by another referendum. Any resi-
 44    dent of Idaho who is registered under this chapter as an Idaho beekeeper  with
 45    the  Idaho department of agriculture may vote at such referendum. Any referen-
 46    dum to be held for the purpose of changing the levy of such  tax  registration
 47    fee  shall  be held at the annual meeting of the Idaho honey industry associa-
 48    tion or any successor organization to this group.
                                                                        
                                           5
                                                                        
  1        (c3)  Said tax registration fee shall be a lien upon all apicultural prod-
  2    ucts, equipment, bees and property of the person owning  or  controlling  such
  3    bees  and shall be prior to all other liens or encumbrances except liens which
  4    are declared prior by operation of the statutes of this state.
                                                                        
  5        SECTION 15.  That Section 22-2538, Idaho Code, be, and the same is  hereby
  6    amended to read as follows:
                                                                        
  7        22-253811.  RULES.  AND  REGULATIONS.  It  is  hereby made the duty of the
  8    department of agriculture to make reasonable rules and regulations  as  neces-
  9    sary  for  or  as  an  aid  to  the  effectuation of any provision of this act
 10    chapter, and to prepare and cause to be printed suitable forms for the  proper
 11    administration of this act chapter.
                                                                        
 12        SECTION  16.  That Section 22-2539, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        22-253912.  PENALTY FOR VIOLATIONS. (1) Any person who violates  or  fails
 15    to comply with any of the provisions of this chapter shall be guilty of a mis-
 16    demeanor  and upon conviction thereof shall be fined not less than one hundred
 17    dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned in
 18    the county jail for not less than three (3) months nor more than  twelve  (12)
 19    months or be subject to both such fine and imprisonment.
 20        (2)  Any person who violates or fails to comply with any of the provisions
 21    of  this chapter or any rules promulgated under this chapter may be assessed a
 22    civil penalty by the department or its duly authorized agent of not more  than
 23    one hundred dollars ($100) for each offense and shall be liable for reasonable
 24    attorney's fees. Assessment of a civil penalty may be made in conjunction with
 25    any  other  department administrative action. No civil penalty may be assessed
 26    unless the person charged was given notice and opportunity for a hearing  pur-
 27    suant  to  the Idaho administrative procedure act. If the department is unable
 28    to collect such penalty or if any person fails to pay all or a set portion  of
 29    the  civil penalty as determined by the department, it may recover such amount
 30    by action in the appropriate district  court.  Any  person  against  whom  the
 31    department  has  assessed a civil penalty under the provisions of this section
 32    may, within thirty (30) days of the final action  by  the  agency  making  the
 33    assessment, appeal the assessment to the district court of the county in which
 34    the  violation is alleged by the department to have occurred. Moneys collected
 35    for violation of a rule shall  be  remitted  to  the  agricultural  inspection
 36    account.
 37        (3)  Any bees, colonies, equipment or hives, imported into this state by a
 38    nonresident  person,  in  violation  of any provision of this chapter shall be
 39    subject to seizure by the department. Any bees, colonies, equipment  or  hives
 40    found  on  any property without the permission of the landowner or not identi-
 41    fied with the owner's name, address, phone and registration numbers  or  found
 42    to  be  in violation of this chapter or rules adopted by the department, shall
 43    also be subject to seizure by the department. Any bees, colonies, equipment or
 44    hives not claimed and brought into compliance  with  the  provisions  of  this
 45    chapter within ninety (90) days from the date of seizure may be sold at public
 46    auction by a sealed bid.
 47        (4)  Nothing  in this chapter shall be construed as requiring the director
 48    to report minor violations for prosecution when he believes  that  the  public
 49    interest  will  be  best  served  by suitable warnings or other administrative
 50    action.
                                                                        
                                           6
                                                                        
  1        SECTION 17.  That Section 22-2540, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        22-254013.  REVIEW OF ACTION OF DIRECTOR. Any individual who has exhausted
  4    all  administrative  remedies  available  within  the  department  and  who is
  5    aggrieved by a final decision in a contested  case  is  entitled  to  judicial
  6    review  in accordance with chapter 52, title 67, Idaho Code. The review may be
  7    obtained by filing in the district court within thirty (30) days following the
  8    action of the director a written petition praying  that  such  action  be  set
  9    aside.  A  copy  of such petition shall forthwith be delivered to the director
 10    and within thirty (30) days thereafter, the director shall certify and file in
 11    the district court of the area affected a transcript of any record  pertaining
 12    thereto,  including a transcript of evidence received at any hearing of refer-
 13    endum. The district court shall give notice by  United  States  mail,  to  the
 14    director  and  to the petitioner or petitioners of the time and place at which
 15    the court will hear such petition, at which time any interested party  may  be
 16    heard.  Upon  completion  of the hearing, the court shall affirm, set aside or
 17    modify the action of the director, except that the finding of the director  as
 18    to the facts, if supported by substantial evidence, shall be conclusive.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS 15727
                                
This legislation will remove the requirements for mandatory
inspections for honeybees, honeybee colonies and equipment from the
law. Hobbyist beekeepers are exempted from regulations and other
technical corrections are made.

This legislation further provides for the publication of the names and
phone numbers of bee keepers and location of bee hives to prevent
accidental poisoning of honey bees.




                          FISCAL IMPACT
                                
                                
                                
Very little, if any fiscal impact.






Contact
Name: Rep. Lake
Phone:    332-1000
Mike Cooper, Dept. Of Ag.


STATEMENT OF PURPOSE/FISCAL NOTE                             H 493