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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 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