2006 Legislation
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HOUSE BILL NO. 596 – Animals, furbearing, possession

HOUSE BILL NO. 596

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Bill Status



H0596...............................................by AGRICULTURAL AFFAIRS
ANIMALS - Amends existing law relating to animals to revise provisions
relating to the possession, sale, trade, barter, exchange and importation
of certain animals in Idaho; to revise the definition of domestic
furbearing animals and domestic cervidae; and to revise provisions relating
to those premises deemed farms, fur farms or fur ranches.
                                                                        
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Agric Aff
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Block, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      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, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Black, Boe, Sayler, Wood
    Floor Sponsor - Jaquet
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Agric Aff
03/17    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, 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 -- Burtenshaw
    Floor Sponsor - Broadsword
    Title apvd - to House
03/22    To enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/30    Governor signed
         Session Law Chapter 226
         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. 596
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ANIMALS; AMENDING SECTION 25-236, IDAHO CODE, TO REVISE PROVISIONS
  3        RELATING TO THE POSSESSION, SALE, TRADE, BARTER, EXCHANGE AND  IMPORTATION
  4        OF  CERTAIN  ANIMALS  IN  IDAHO;  AMENDING SECTION 25-3001, IDAHO CODE, TO
  5        REVISE THE DEFINITION OF DOMESTIC FUR-BEARING ANIMALS,  TO  REVISE  PROVI-
  6        SIONS  RELATING  TO  THOSE PREMISES DEEMED FARMS, FUR FARMS OR FUR RANCHES
  7        AND TO MAKE A TECHNICAL CORRECTION; AND  AMENDING  SECTION  36-711,  IDAHO
  8        CODE,  TO  REVISE  PROVISIONS RELATING TO THE DEFINITIONS OF DOMESTIC FUR-
  9        BEARING ANIMALS AND DOMESTIC CERVIDAE.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 25-236, Idaho Code, be, and the  same  is  hereby
 12    amended to read as follows:
                                                                        
 13        25-236.  POSSESSION, SALE, TRADE, BARTER, EXCHANGE AND IMPORTATION OF ANI-
 14    MALS. (a1) No person shall possess, offer for sale, trade, barter, exchange or
 15    importation  into the state of Idaho any fox, skunk or raccoon, except as pro-
 16    vided in subsection (b2) or (3) of this section.
 17        (b2)  An animal specified in subsection (a) of this section may be offered
 18    for sale, trade, barter, exchange or importation into the state of  Idaho  for
 19    commercial  fur  farming  without  the  requirement of a permit; but an animal
 20    specified in subsection (a) hereof may be offered  for  sale,  trade,  barter,
 21    exchange or importation into the state to a public park, zoo, museum or educa-
 22    tional institution for educational, medical, scientific or exhibition purposes
 23    only  if  the  organization possesses a permit from the department of agricul-
 24    ture. The department of agriculture may  refuse  to  issue  a  permit  if  the
 25    department  finds  that  the  organization requesting the permit does not have
 26    physical facilities adequate to maintain the animal in health and  safety  and
 27    to prevent the escape of the animal from confinement. Fur farms may possess or
 28    import  any  domestic  fur-bearing  animals  with  a certificate of veterinary
 29    inspection and domestic fur-bearing animals may be sold, traded,  bartered  or
 30    exchanged between fur farms in Idaho.
 31        (3)  Public parks, zoos, museums, and educational institutions may possess
 32    or  import  the  animals  listed in subsection (1) of this section only if the
 33    entity possesses a permit from the department of agriculture and the  imported
 34    animal  is  accompanied by a certificate of veterinary inspection. The depart-
 35    ment of agriculture may refuse to issue a permit if the department finds  that
 36    the entity requesting the permit does not have physical facilities adequate to
 37    maintain the animal in health and safety and to prevent the escape of the ani-
 38    mal  from  confinement.  Public parks, zoos, museums, and educational institu-
 39    tions that possess a permit from  the  department  of  agriculture  may  sell,
 40    trade,  barter or exchange any of the animals listed in subsection (1) of this
 41    section with any other entity that has a valid permit from the  department  of
 42    agriculture.
                                                                        
                                           2
                                                                        
  1        SECTION  2.  That  Section 25-3001, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        25-3001.  FUR FARMING DEEMED AGRICULTURAL PURSUIT. It shall be lawful  for
  4    any  person, persons, association or corporations to engage in the business of
  5    propagating, breeding, owning or  controlling  domestic  fur-bearing  animals,
  6    which are defined as fox, mink,  chinchilla, karakul, marten, fisher, muskrat,
  7    nutria,  beaver,  bobcat, and all other fur-bearing animals, the department of
  8    agriculture may designate by rule, bred and raised in captivity  for  breeding
  9    or other useful purposes the purpose of harvesting pelts or providing replace-
 10    ment  animals  to  fur farms that harvest pelts as their primary activity. For
 11    the purposes of all classification and administration of the laws of the state
 12    of Idaho, and all administrative orders and rules and  regulations  pertaining
 13    thereto,  the  breeding,  raising,  producing  or marketing of such animals or
 14    their products by the producer shall be deemed an agricultural  pursuit;  such
 15    animals  shall be deemed livestock and their products shall be deemed agricul-
 16    tural products; the persons engaged in such  agricultural  pursuits  shall  be
 17    deemed  farmers,  fur  farmers,  fur  breeders,  or fur ranchers; the premises
 18    within which such pursuit is conducted and domestic  fur-bearing  animals  are
 19    raised for the purpose of harvesting pelts or providing replacement animals to
 20    fur  farms that harvest pelts as their primary activity shall be deemed farms,
 21    fur farms, or fur ranches.
                                                                        
 22        SECTION 3.  That Section 36-711, Idaho Code, be, and the  same  is  hereby
 23    amended to read as follows:
                                                                        
 24        36-711.  REGULATION OF DOMESTIC FUR-BEARING ANIMALS AND DOMESTIC CERVIDAE.
 25    The  authority  to regulate the breeding, raising, producing, marketing or any
 26    other phase of the production or distribution, of domestic fur-bearing animals
 27    as defined in chapter 30, title 25,  Idaho  Code,  and  domestic  cervidae  as
 28    defined  in  chapter  37,  title  25,  Idaho Code, or the products thereof, is
 29    vested in the department of agriculture. Nothing in this section  shall  limit
 30    or affect the powers or duties of the fish and game commission and the depart-
 31    ment of fish and game relating to nondomestic fur-bearing animals and cervidae
 32    or  the  capture  and  taking thereof. As used in this section, "domestic fur-
 33    bearing animal" means fox, mink, chinchilla, karakul, marten, fisher, muskrat,
 34    nutria, beaver, and all other fur-bearing  animals  raised  in  captivity  for
 35    breeding  or  other useful purposes. "Domestic cervidae," as used in this sec-
 36    tion, means fallow  deer  (dama  dama),  elk  (cervus  elaphus)  and  reindeer
 37    (rangifer  tarandus), but shall not include red deer (urasian cervidae) or any
 38    subspecies or hybrids thereof. Reindeer (rangifer tarandus) shall not be  held
 39    for domestic purposes north of the Salmon River.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 15864

This legislation clarifies which animals are domestic fur bearing
animals, where they can be held, and for what purposes. 




                          FISCAL NOTE

     $2500 from dedicated funds.


          


CONTACT
Name:     Representative Mike Moyle
Phone:    208-332-1000
Name:     Representative Larry Bradford
Phone:    208-332-1000
Name:     John Chatburn
Phone:    208-332-8540
Agency:   Agriculture, Dept. of


STATEMENT OF PURPOSE/FISCAL NOTE                              H 596