2000 Legislation
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SENATE BILL NO. 1445, As Amended – Wild game meat, donors, immunity

SENATE BILL NO. 1445, As Amended

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Daily Data Tracking History



S1445aa........................................by RESOURCES AND ENVIRONMENT
WILD GAME MEAT - DONORS - Adds to existing law to provide for immunity from
civil and criminal liability of donors of wild game meat to charitable
organizations absent negligence, recklessness or intentional misconduct;
and to provide definitions.
                                                                        
02/17    Senate intro - 1st rdg - to printing
02/18    Rpt prt - to Res/Env
02/28    Rpt out - to 14th Ord
03/07    Rpt out amen - to engros
03/08    Rpt engros - 1st rdg - to 2nd rdg as amen
03/09    2nd rdg - to 3rd rdg as amen
03/14    3rd rdg as amen - PASSED - 32-0-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins,
      Ipsen, Keough, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
      Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler,
      Whitworth, Williams
      NAYS--None
      Absent and excused--Geddes, Ingram, King-Barrutia
    Floor Sponsor - Frasure
    Title apvd - to House
03/15    House intro - 1st rdg as amen - to Res/Con
03/30    Rpt out - rec d/p - to 2nd rdg as amen
03/31    2nd rdg - to 3rd rdg as amen
04/04    3rd rdg as amen - PASSED - 64-2-4
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
      Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Crow,
      Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Gould, Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery,
      Mortensen, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger,
      Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann
      NAYS -- Moss, Smith
      Absent and excused -- Clark, Deal, Henbest, Mr Speaker
    Floor Sponsor - Stoicheff
    Title apvd - to enrol
04/04    To enrol - rpt enrol - Pres signed
04/05    Sp signed
04/06    To Governor
04/12    Governor signed
         Session Law Chapter 263
         Effective: 07/01/00

Bill Text


 S1445
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1445, As Amended
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO IMMUNITY OF DONORS OF WILD GAME MEAT; AMENDING CHAPTER 3, TITLE 5,
  3        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5-338, IDAHO CODE, TO PROVIDE
  4        FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY OF DONORS OF WILD GAME MEAT
  5        TO CHARITABLE ORGANIZATIONS ABSENT NEGLIGENCE, RECKLESSNESS OR INTENTIONAL
  6        MISCONDUCT AND TO PROVIDE DEFINITIONS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Chapter 3, Title 5, Idaho  Code,  be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 5-338, Idaho Code, and to read as follows:
                                                                        
 11        5-338.  IMMUNITY OF DONORS OF WILD GAME MEAT. (1) A  donor  of  wild  game
 12    meat  for free use by a charitable organization is immune from civil or crimi-
 13    nal liability arising from an injury or death attributable to the nature, age,
 14    condition or packaging of the donated wild game meat if the injury or death is
 15    not a result of the gross negligence, recklessness, or intentional  misconduct
 16    of the donor and the donated wild game meat is prepared and packaged by a com-
 17    mercial butcher, commercial slaughterhouse, commercial meat processor or simi-
 18    lar  entity  subject by law to regular state or federal inspection and licens-
 19    ing.
 20        (2)  A  charitable  organization  that  receives,  distributes  or  serves
 21    donated wild game meat is immune from civil or criminal liability arising from
 22    an injury or death attributable to the condition of the meat if:
 23        (a) The charitable organization uses appropriate food storage and handling
 24        equipment to provide for the safe and sanitary storage and/or  service  of
 25        the wild game meat;
 26        (b)  The  charitable organization accepts only wild game meat prepared and
 27        packaged by a commercial butcher,  commercial  slaughterhouse,  commercial
 28        meat  processor, or similar entity subject by law to regular state or fed-
 29        eral inspection and licensing;
 30        (c)  The charitable organization inspects the donated wild game meat in  a
 31        reasonable  manner and finds it to be apparently fit for human consumption
 32        at the time of distribution or service;
 33        (d)  The charitable organization has no actual or  constructive  knowledge
 34        at  the  time the wild game meat is distributed or served that it is adul-
 35        terated, tainted, contaminated, or would be harmful to the health or well-
 36        being of a person eating it; and
 37        (e)  An injury or death caused by eating the wild game meat is not a prox-
 38        imate cause of the gross negligence, recklessness or  intentional  miscon-
 39        duct of the charitable organization.
 40        (3)  For purposes of this section:
 41        (a)  "Charitable  organization"  means  a  nonprofit  organization that is
 42        exempt from taxation  under  the  provisions  of  sections  501(c)(3)  and
 43        501(c)(4) of the Internal Revenue Code, as amended.
                                                                        
                                           2
                                                                        
  1        (b)  "Donor"  means  a  person,  retailer,  commercial butcher, commercial
  2        slaughterhouse, commercial meat processor, or similar entity  under  state
  3        supervision,  and  the Idaho fish and game department in its capacity as a
  4        donor of unlawfully  taken  or  unclaimed  wildlife  pursuant  to  section
  5        36-1304, Idaho Code.
  6        (c)  "Wild game meat" means any raw, cooked, processed, or prepared edible
  7        meat from a game animal killed in the wild and used or intended for use in
  8        whole  or  in  part  for  human  consumption  and which is exempt from the
  9        inspection requirements of the federal wholesome meat act, or chapter  19,
 10        title  37,  Idaho Code; provided however, that wild game salami may not be
 11        donated. Wild game meat shall not be considered "adulterated" as that term
 12        is defined in chapters 1 and 19, title 37, Idaho Code, and IDAPA 16.02.19,
 13        merely because the meat is the product of a game animal killed in the wild
 14        and not slaughtered by a butcher in a state or  federally  regulated  food
 15        processing  establishment.   Wild game meat shall be considered "wildlife"
 16        as that term is used in IDAPA 16.02.19, and shall be handled, prepared and
 17        served accordingly if the charitable organization is a food  establishment
 18        as defined in the rules.

Amendment


 AS1445
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Frasure             
                                                                        
                                                     Seconded by Davis               
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1445
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 11, delete  "Notwithstanding  any";
  3    in  line  12,  delete  "other provision of law to the contrary, a" and insert:
  4    "A"; delete line 19 and insert: "entity subject by law  to  regular  state  or
  5    federal inspection and licensing."; delete line 20 and insert: "(2) A chari-";
  6    in  line  29,  delete "under state supervision" and insert: "subject by law to
  7    regular state or federal inspection and licensing"; in line 38, delete "direct
  8    result" and insert: "proximate cause".
  9        On page 2, in line 11, following "." insert: "Wild game meat shall not  be
 10    considered  "adulterated"  as that term is defined in chapters 1 and 19, title
 11    37, Idaho Code, and IDAPA 16.02.19, merely because the meat is the product  of
 12    a  game  animal killed in the wild and not slaughtered by a butcher in a state
 13    or federally regulated food processing establishment.  Wild game meat shall be
 14    considered "wildlife" as that term is used in IDAPA  16.02.19,  and  shall  be
 15    handled,  prepared  and served accordingly if the charitable organization is a
 16    food establishment as defined in the rules.".

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                       RS09776 
                           
     The purpose of this legislation is to provide authorization for sportsmen of Idaho
     to share the bounty of their hunts with the needy. Provides immunity to donors of
     wild game meat and charitable institutions that receives, distributes or serves
     donated wild game meat. 
     
     
     
     
     
                     FISCAL NOTE 
     
     No impact to general fund. Modest savings to charitable institutions who will
     have a new source of meat distribute or serve to the needy. 
     
     
     
     
     
     
     
     
               CONTACT:  Senator Evan Frasure
               Phone: 332-1315 
     
                                             STATEMENT OF PURPOSE/ FISCAL NOTE                      S 1445