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H0169aa,aaS.........................................by AGRICULTURAL AFFAIRS
AGRICULTURAL CROPS - DESTRUCTION - Adds to existing law to provide
liability for the willful and knowing damage or destruction of any
agricultural or horticultural crop product; and to provide for damages.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Agric Aff
02/21 Rpt out - to Gen Ord
02/22 Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/26 2nd rdg - to 3rd rdg as amen
02/27 3rd rdg as amen - PASSED - 65-0-5
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman,
Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Jones, Robison, Stone, Swan, Trail
Floor Sponsor -- Bolz
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Agric Aff
03/20 Rpt out - to 14th Ord
03/22 Rpt out amen - to 1st rdg as amen
1st rdg - to 2nd rdg as amen
03/23 2nd rdg - to 3rd rdg as amen
03/26 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Noh
Title apvd - to House
03/26 House concurred in Senate amens - to engros
03/28 Rpt engros - 1st rdg - to 2nd rdg as amen
03/29 2nd rdg - to 3rd rdg as amen
03/30 3rd rdg as amen - PASSED - 59-0-11
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bruneel, Clark, Collins, Cuddy, Deal, Denney, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Hansen, Harwood,
Henbest(Farley), Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell,
Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Moss, Moyle, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stone,
Tilman, Trail, Wheeler, Wood, Young(Young), Mr. Speaker
NAYS -- None
Absent and excused -- Bradford, Callister, Campbell, Chase, Crow,
Ellis, Ellsworth, Mortensen, Pearce, Pischner, Smith
Floor Sponsor -- Bolz
Title apvd - to enrol
Rpt enrol - Sp signed - Pres signed - to Governor
04/04 Governor signed
Session Law Chapter 324
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 169
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO AGRICULTURE AND HORTICULTURE; AMENDING TITLE 22, IDAHO CODE, BY
3 THE ADDITION OF A NEW CHAPTER 50, TITLE 22, IDAHO CODE, TO PROVIDE LIABIL-
4 ITY FOR THE WILLFUL AND KNOWING DAMAGE OR DESTRUCTION OF ANY AGRICULTURAL
5 OR HORTICULTURAL CROP PRODUCT AND TO PROVIDE FOR DAMAGES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Title 22, Idaho Code, be, and the same is hereby amended
8 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
9 ter 50, Title 22, Idaho Code, and to read as follows:
10 CHAPTER 50
11 CROP PRODUCT DESTRUCTION
12 22-5001. DESTRUCTION OF AGRICULTURAL OR HORTICULTURAL CROP PRODUCT --
13 DAMAGES. (1) Any person or entity who willfully and knowingly damages or
14 destroys any agricultural or horticultural crop product that is grown for per-
15 sonal or commercial purposes, or for testing or research purposes in the con-
16 text of a product development program in conjunction or coordination with a
17 private research facility or a university or any federal, state, or local gov-
18 ernment agency, shall be liable for twice the value of the crop damaged or
19 destroyed, together with attorney's fees and costs.
20 (2) In awarding damages under this section, the courts shall consider the
21 market value of the crop prior to damage or destruction, and production,
22 research, testing, replacement and crop development costs directly related to
23 the crop that has been damaged or destroyed as part of the value of the crop.
24 (3) Damages available under this section shall be limited to twice the
25 market value of the crop prior to damage or destruction plus twice the actual
26 damages involving production, research, testing, replacement and crop develop-
27 ment costs directly related to the crop that has been damaged or destroyed.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Deide
Seconded by Noh
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 169, As Amended
1 AMENDMENT TO SECTION 1
2 On page 1 of the engrossed bill, in line 15, following "purposes" insert:
3 "and that is also grown".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 169, As Amended, As Amended in the Senate
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO AGRICULTURE AND HORTICULTURE; AMENDING TITLE 22, IDAHO CODE, BY
3 THE ADDITION OF A NEW CHAPTER 50, TITLE 22, IDAHO CODE, TO PROVIDE LIABIL-
4 ITY FOR THE WILLFUL AND KNOWING DAMAGE OR DESTRUCTION OF ANY AGRICULTURAL
5 OR HORTICULTURAL CROP PRODUCT AND TO PROVIDE FOR DAMAGES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Title 22, Idaho Code, be, and the same is hereby amended
8 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
9 ter 50, Title 22, Idaho Code, and to read as follows:
10 CHAPTER 50
11 CROP PRODUCT DESTRUCTION
12 22-5001. DESTRUCTION OF AGRICULTURAL OR HORTICULTURAL CROP PRODUCT --
13 DAMAGES. (1) Any person or entity who willfully and knowingly damages or
14 destroys any agricultural or horticultural crop product that is grown for per-
15 sonal or commercial purposes and that is also grown for testing or research in
16 the context of a product development program in conjunction or coordination
17 with a private research facility or a university or any federal, state, or
18 local government agency, shall be liable for twice the value of the crop dam-
19 aged or destroyed, together with attorney's fees and costs.
20 (2) In awarding damages under this section, the courts shall consider the
21 market value of the crop prior to damage or destruction, and production,
22 research, testing, replacement and crop development costs directly related to
23 the crop that has been damaged or destroyed as part of the value of the crop.
24 (3) Damages available under this section shall be limited to twice the
25 market value of the crop prior to damage or destruction plus twice the actual
26 damages involving production, research, testing, replacement and crop develop-
27 ment costs directly related to the crop that has been damaged or destroyed.
STATEMENT OF PURPOSE
RS 10852
The purpose of this legislation is to provide for remuneration
for destruction of agricultural or horticultural crops that are
grown for commercial purposes, or for testing or research
purposes in the context of a product development program in
conjunction or coordination with a private research facility or a
university or governmental agency. It allows for damage award of
twice the value of the crop prior to destruction or damage,
together with attorney's fees and costs.
FISCAL IMPACT
There is no fiscal impact associated with this legislation.
Contact:
Name: Rich Garber, Idaho-Eastern Oregon Seed Association
Telephone:888-0988
STATEMENT OF PURPOSE/FISCAL NOTE H 169