2006 Legislation
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HOUSE BILL NO. 514 – Plant pests, infestatn, compensatn

HOUSE BILL NO. 514

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Bill Status



H0514...............................................by AGRICULTURAL AFFAIRS
PEST CONTROL - Repeals and adds to existing law relating to pest control to
provide a procedure relating to infestations of certain pests; to provide
for payment of costs relating to control and eradication; to provide for
deficiency warrants; to describe control and eradication costs; to
authorize the director to cooperate with other agencies and private
citizens in control and eradication efforts; and to provide that all future
appropriations for the Department of Agriculture shall take account of and
provide for pest control expenses.
                                                                        
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Agric Aff
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
      Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, 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, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass,
      Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Ellsworth
    Floor Sponsor - Stevenson
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Agric Aff
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Marley, Sweet
    Floor Sponsor - Gannon
    Title apvd - to House
03/21    To enrol
03/22    Rpt enrol - Sp signed
03/23    Pres signed - To Governor
03/24    Governor signed
         Session Law Chapter 197
         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. 514
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PEST CONTROL; REPEALING SECTION 22-2011, IDAHO CODE,  RELATING  TO
  3        COMPENSATION  FOR  THE LOSS OR DESTRUCTION OF INFESTED OR INFECTED PLANTS,
  4        PLANT PRODUCTS OR OTHER ARTICLES; REPEALING SECTION 22-2019,  IDAHO  CODE,
  5        RELATING  TO  INFESTATIONS  AND  PEST  CONTROL COSTS; AMENDING CHAPTER 20,
  6        TITLE 22, IDAHO CODE, BY THE ADDITION OF  A  NEW  SECTION  22-2019,  IDAHO
  7        CODE, TO PROVIDE A PROCEDURE RELATING TO INFESTATIONS OF CERTAIN PESTS, TO
  8        PROVIDE  FOR PAYMENT OF COSTS RELATING TO CONTROL AND ERADICATION, TO PRO-
  9        VIDE FOR DEFICIENCY WARRANTS, TO DESCRIBE CONTROL AND  ERADICATION  COSTS,
 10        TO  AUTHORIZE  THE  DIRECTOR  TO COOPERATE WITH OTHER AGENCIES AND PRIVATE
 11        CITIZENS IN CONTROL AND ERADICATION EFFORTS AND TO PROVIDE THAT ALL FUTURE
 12        APPROPRIATIONS FOR THE DEPARTMENT OF AGRICULTURE SHALL TAKE ACCOUNT OF AND
 13        PROVIDE FOR PEST CONTROL EXPENSES.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Section 22-2011, Idaho Code, be, and the same  is  hereby
 16    repealed.
                                                                        
 17        SECTION  2.  That  Section 22-2019, Idaho Code, be, and the same is hereby
 18    repealed.
                                                                        
 19        SECTION 3.  That Chapter 20, Title 22, Idaho Code, be,  and  the  same  is
 20    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 21    ignated as Section 22-2019, Idaho Code, and to read as follows:
                                                                        
 22        22-2019.  INFESTATIONS -- CONTROL AND ERADICATION COSTS -- DEFICIENCY WAR-
 23    RANTS -- COOPERATION WITH OTHER ENTITIES AND CITIZENS. Whenever  the  director
 24    determines  that  there  exists  the threat of an infestation of grasshoppers,
 25    crickets or exotic plant pests on state-owned land, private, range or agricul-
 26    tural land, and that the infestation is of such a character as to be a  menace
 27    to  state,  private,  range or agricultural land, the director shall cause the
 28    infestation to be controlled and eradicated, using such  funds  as  have  been
 29    appropriated  or  may  hereafter be made available for such purposes. Provided
 30    however, that whenever the cost of control and eradication exceeds  the  funds
 31    appropriated or otherwise available for that purpose, the state board of exam-
 32    iners  may  authorize  the issuance of deficiency warrants against the general
 33    fund for up to five million dollars ($5,000,000) in any one (1) year for  such
 34    control  and  eradication.  Control and eradication costs may include, but are
 35    not limited to, costs for survey, detection, inspection, diagnosis, treatment,
 36    and disposal of infected or infested plants and plant materials, cleaning  and
 37    disinfecting of infected premises and indemnity paid to owners for infected or
 38    infested  plants  and  plant materials destroyed by order of the director. The
 39    director, in executing the provisions of this chapter insofar as it relates to
 40    control and eradication, shall have the authority to cooperate  with  federal,
 41    state, county and municipal agencies and private citizens in control and erad-
                                                                        
                                           2
                                                                        
  1    ication  efforts;  provided,  that in the case of joint federal/state programs
  2    the state funds shall only be used to pay the state's share of the cost of the
  3    control and eradication efforts. Such moneys as the state  shall  thus  become
  4    liable  for shall be paid as a part of the expenses of the department of agri-
  5    culture out of appropriations which shall be made by the legislature for  that
  6    purpose  from  the  general fund of the state. In all appropriations hereafter
  7    made for expenses of the department of agriculture, account shall be taken  of
  8    and provision made for this item of expense.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 15728

The purpose of this proposed legislation is to authorize the
Board of Examiners to issue deficiency warrants against the
General Fund for up to five million dollars ($5,000,000); an
increase from the currently allowed five hundred thousand
($500,000), which may be insufficient to cover a major pest
threat. The Board of Examiners may authorize the issuance of
deficiency warrants only after the Director of Agriculture has
determined that there exists the threat of an infestation of a
pest or disease to Idaho's agricultural resources. In the case
that a federally quarantined pest might be found in Idaho the
Federal Office and Management and Budget has been reluctant to
release emergency funds to USDA for control activities where
there has not been matching funds provided by the state. This
change would ensure that sufficient funds could be made
available.
These monies may be used to cover the control and eradication
costs and may include, but is not limited to costs for survey,
detection, inspection, diagnosis, treatment, and disposal of
infected or infested plants and plant materials, cleaning and
disinfecting of infected premises and indemnity paid to owners
for infected or infested plants and plant material destroyed by
order of the director.
                         

                       FISCAL NOTE

A fiscal impact may occur to the general fund only when a survey
and detection effort is needed to determine the presence of an
exotic pest(s), control or eradicate an exotic pest or to control
grasshopper and Mormon cricket outbreaks.  The existence of a
threat must be declared by the Director of the Idaho State
Department of Agriculture and the State Board of Examiners must
authorize the issuance of deficiency warrants. Typical deficiency
warrant cash reimbursement requests for the past few years have
been FY2005   $259,281.83; FY2004   $223,455.83; FY2003  
$129,390.50; the majority of which was spent controlling
grasshopper and Mormon cricket outbreaks.





 
 
Contact
Name: Representative Stevenson 
Phone: 208-332-1000
     


STATEMENT OF PURPOSE/FISCAL NOTE                         H 514