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S1359...............................................by AGRICULTURAL AFFAIRS DOMESTIC CERVIDAE - Amends existing law relating to domestic cervidae to provide for civil damages; to provide that any person committing certain acts relating to domestic cervidae shall be guilty of a felony; to provide for the mutual address of reasonable concerns between the Department of Agriculture and the Department of Fish and Game relating to the domestic farming of cervidae; to revise identification provisions; to provide for the authority of the Division of Animal Industries relating to the inspection of cervidae farms; and to provide that specified provisions of law also apply to escaped domestic cervidae. 02/08 Senate intro - 1st rdg - to printing 02/09 Rpt prt - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1359 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO DOMESTIC CERVIDAE; AMENDING SECTION 25-1910, IDAHO CODE, TO PRO- 3 VIDE FOR CIVIL DAMAGES RELATING TO DOMESTIC CERVIDAE AND TO PROVIDE THAT 4 ANY PERSON COMMITTING CERTAIN ACTS RELATING TO DOMESTIC CERVIDAE SHALL BE 5 GUILTY OF A FELONY; AMENDING SECTION 25-3702, IDAHO CODE, TO PROVIDE FOR 6 THE MUTUAL ADDRESS OF REASONABLE CONCERNS BETWEEN THE DEPARTMENT OF AGRI- 7 CULTURE AND THE DEPARTMENT OF FISH AND GAME RELATING TO THE DOMESTIC FARM- 8 ING OF CERVIDAE; AMENDING SECTION 25-3703A, IDAHO CODE, TO REVISE IDENTI- 9 FICATION PROVISIONS; AMENDING SECTION 25-3705, IDAHO CODE, TO PROVIDE FOR 10 THE AUTHORITY OF THE DIVISION OF ANIMAL INDUSTRIES OF THE DEPARTMENT OF 11 AGRICULTURE RELATING TO THE INSPECTION OF CERVIDAE FARMS; AND AMENDING 12 SECTION 25-3705A, IDAHO CODE, TO PROVIDE THAT SPECIFIED PROVISIONS OF LAW 13 ALSO APPLY TO ESCAPED DOMESTIC CERVIDAE. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 25-1910, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 25-1910. CIVIL DAMAGES AND OTHER PENALTIES UPON THEFT OR UNLAWFUL 18 DESTRUCTION OF FURBEARING ANIMALS RAISED FOR COMMERCIAL PURPOSES, DOMESTIC 19 CERVIDAE, OR LIVESTOCK. (1) In addition to the criminal penalties that may be 20 imposed upon a person convicted of theft or unlawful destruction of furbearing 21 animals raised for commercial purposes, domestic cervidae, or livestock, the 22 court shall assess civil damages against the defendant in any amount necessary 23 to fully compensate the owner of the furbearing animals raised for commercial 24 purposes, domestic cervidae, or livestock for his loss, which amount shall be 25 paid to the owner, and any amount necessary to fully compensate any trade 26 association which has paid out rewards which led to the arrest and conviction 27 of the defendant in the particular case, which amount shall be paid to the 28 trade association. 29 (2) Any person who intentionally and without permission of the owner 30 releases any furbearing animals raised for commercial purposes or domestic 31 cervidae is guilty of a felony and the court may assess civil damages against 32 the defendant in any amount necessary to compensate the owner of the 33 furbearing animals raised for commercial purposes or domestic cervidae. Addi- 34 tionally, any person who intentionally destroys or conspires to destroy any 35 paper or electronic record of a furbearing animal raised for commercial pur- 36 poses or domestic cervidae shall be guilty of a felony and the court may 37 assess civil damages against the defendant in any amount necessary to compen- 38 sate the owner of the furbearing animals raised for commercial purposes or 39 domestic cervidae. 40 SECTION 2. That Section 25-3702, Idaho Code, be, and the same is hereby 41 amended to read as follows: 2 1 25-3702. TRANSFER OF FUNCTIONS FROM FISH AND GAME COMMISSION TO DEPART- 2 MENT OF AGRICULTURE. All the functions of the fish and game commission and the 3 department of fish and game, which affect the breeding, raising, producing, 4 marketing, or any other phase of the production or distribution, of domestic 5 cervidae, or the products thereof, are hereby transferred to and vested in the 6 department of agriculture and the administrator of the division of animal 7 industries; provided, that this act shall not limit or affect the powers or 8 duties of the department of fish and game relating to nondomestic cervidae or 9 the management and taking thereof, and provided further that the department of 10 agriculture shall address the reasonable concerns of the department of fish 11 and game,respectingand the department of fish and game shall address the 12 reasonable concerns of the department of agriculture, regarding the domestic 13 farming of cervidae.as provided in section 36-106(e)(9), Idaho Code.14 SECTION 3. That Section 25-3703A, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 25-3703A. OFFICIAL PERMANENT IDENTIFICATION. All domestic cervidae 17 located in Idaho shall be identified with two (2) types ofofficialpermanent 18 identification. At least one (1) of theofficial permanentidentifications 19 shall be an official identification and at least one (1) of the identifica- 20 tions shall be visible from a minimum of one hundred fifty (150) feet. 21 SECTION 4. That Section 25-3705, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 25-3705. INSPECTION OF CERVIDAE FARMS. The division of animal industries 24 and any of its officers shall have therightauthority, at any reasonable 25 time, to inspect any domestic cervidae farm, and may go upon such farms or any 26 part thereof where such animals are contained to inspect and examine the same 27 and any animals therein. 28 SECTION 5. That Section 25-3705A, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 25-3705A. ESCAPE OF DOMESTIC CERVIDAE. (1) It is the duty of the owners 31 and operators of domestic cervidae farms or ranches to: 32 (a) Take all reasonable actions to prevent the escape of domestic 33 cervidae located on such farms or ranches; 34 (b) Ensure that perimeter fences and gates are built and maintained in a 35 manner that will prevent the escape of domestic cervidae; 36 (c) Notify the division of animal industries upon the discovery of the 37 escape of domestic cervidae; and 38 (d) Take reasonable actions to bring under control domestic cervidae that 39 escape. 40 (2) Notwithstanding any provision of law to the contrary, the division of 41 animal industries or its agent is authorized to take necessary actions to 42 bring under control any domestic cervidae that have escaped the control of the 43 owner or operator of the domestic cervidae farm or ranch where the domestic 44 cervidae were located. 45 (3) Any domestic cervidae, that have escaped the control of the owner or 46 operator of a domestic cervidae farm or ranch for more than seven (7) days, 47 taken by a licensed hunter in a manner which complies with title 36, Idaho 48 Code, and the rules and proclamations of the Idaho fish and game commission 49 shall be considered a legal taking and neither the licensed hunter, the state, 3 1 nor any state agency shall be liable to the owner for killing the escaped 2 domestic cervidae. 3 (4) The provisions of sections 25-2118 and 25-2119, Idaho Code, relating 4 to open range and animals lawfully on highways, and the provisions of chapter 5 23, title 25, Idaho Code, relating to estrays, shall also apply to escaped 6 domestic cervidae.
STATEMENT OF PURPOSE RS 15807 The purpose of this proposed legislation is to provide for civil damages and penalties relating to the unlawful release or destruction of domestic cervidae. The proposed legislation would also provide for the mutual address of reasonable concerns between the Idaho Department of Agriculture and the Idaho Department of Fish and Game regarding the domestic farming of cervidae. The proposed bill also specifies that two types of permanent identification, of which at least one is an official identification, is required on domestic cervidae and extends the open range and estrays laws to cover escaped domestic cervidae. FISCAL NOTE There is no fiscal impact to the general budget. Contact Name: Stan Boyd, Idaho Elk Breeders Association Phone: 208-334-2271 STATEMENT OF PURPOSE/FISCAL NOTE S 1359