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H0446...............................................by AGRICULTURAL AFFAIRS
ANIMALS - Amends existing law relating to the suppression of diseases in
animals to revise the authority granted to the administrator of the
Division of Animal Industries and veterinarians; to authorize entrance to
any means of conveyance where animals are kept; to require certain law
enforcement personnel to provide assistance to veterinarians, inspectors or
agents; to require that designated types of animals handled by the
Department of Fish and Game be tested for certain diseases; to clarify the
presence of disease that may constitute an emergency; to authorize the
director of the Department of Agriculture to promulgate rules which
regulate disease; to require all persons practicing veterinary medicine in
Idaho to report certain diseases to the Division of Animal Industries; to
provide for reimbursement to owners of any animal ordered slaughtered or
destroyed at the direction of the Division of Animal Industries; and to
provide for reimbursement to owners for property destroyed and for labor
employed in the disposal of animals.
01/17 House intro - 1st rdg - to printing
01/18 Rpt prt - to Agric Aff
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 66-0-4
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Collins,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Clark, Crow, Gagner, Smith(23)
Floor Sponsor - Lake
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to Agric Aff
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 33-1-1
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Burtenshaw,
Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins,
Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Williams
NAYS -- Bunderson
Absent and excused -- Geddes
Floor Sponsor - Noh
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
Pres signed
03/14 To Governor
03/19 Governor signed
Session Law Chapter 87
Effective: 03/19/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 446
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE INSPECTION AND SUPPRESSION OF DISEASES IN ANIMALS; AMENDING
3 SECTION 25-210, IDAHO CODE, TO PROVIDE THAT THE ADMINISTRATOR OF THE DIVI-
4 SION OF ANIMAL INDUSTRIES HAS CERTAIN AUTHORITY, TO STRIKE UNNECESSARY
5 LANGUAGE, TO REVISE AUTHORITY GRANTED TO THE ADMINISTRATOR, TO PROVIDE FOR
6 THE IMPLEMENTATION OF THE CHAPTER, TO AUTHORIZE VETERINARIANS TO TAKE CER-
7 TAIN ACTION, TO AUTHORIZE CERTAIN PERSONS TO ENTER ANY MEANS OF CONVEYANCE
8 WHERE ANIMALS ARE KEPT, TO REQUIRE CERTAIN LAW ENFORCEMENT PERSONNEL TO
9 PROVIDE ASSISTANCE TO VETERINARIANS, INSPECTORS OR AGENTS IN CARRYING OUT
10 THE PURPOSES OF THE CHAPTER, TO REQUIRE THAT DESIGNATED TYPES OF ANIMALS
11 HANDLED BY THE DEPARTMENT OF FISH AND GAME BE TESTED FOR CERTAIN DISEASES
12 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 25-212, IDAHO CODE, TO
13 CLARIFY THE PRESENCE OF DISEASE THAT MAY CONSTITUTE AN EMERGENCY, TO
14 AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE TO PROMULGATE
15 RULES WHICH REGULATE DISEASE, TO REQUIRE ALL PERSONS PRACTICING VETERINARY
16 MEDICINE IN IDAHO TO REPORT CERTAIN DISEASES TO THE DIVISION OF ANIMAL
17 INDUSTRIES, TO PROVIDE FOR REIMBURSEMENT TO OWNERS FOR ANY ANIMAL ORDERED
18 SLAUGHTERED OR DESTROYED BY DIRECTION OF THE DIVISION, TO PROVIDE FOR
19 REIMBURSEMENT TO OWNERS FOR PROPERTY DESTROYED AND FOR LABOR EMPLOYED IN
20 DISPOSAL OF ANIMALS BY ANY MEANS AND TO MAKE A TECHNICAL CORRECTION; AND
21 DECLARING AN EMERGENCY.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 25-210, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 25-210. POWERS OF VETERINARIANS AND INSPECTORS. (1) In order to prevent
26 the introduction or dissemination of disease among the animals of this state,
27 the administrator of the division shall be authorized and directed to:
28 (a) Qquarantine any portion of this state and it shall be unlawful to
29 move animals from or into such quarantined area except in accordance with
30 the rules and regulations of the division; and
31 (b) Prohibit or restrict entry of animals into the state that may be
32 exposed to, infected with or may otherwise harbor or be contaminated with
33 any contagious, infectious or communicable disease or agent;
34 (c) Prohibit or restrict entry of vehicles, other means of conveyance or
35 any other item into the state which may harbor or be contaminated with any
36 contagious, infectious or communicable disease or agent;
37 (d) Prohibit or restrict movement of vehicles, other means of conveyance,
38 or any other item, that may harbor or be contaminated with any contagious,
39 infectious or communicable disease or agent, out of any quarantined area
40 or into any quarantined area;
41 (e) Authorize and empower state veterinarians, livestock inspectors and
42 the inspectors or agents of the United States department of
43 agriculture/animal and plant health inspection service/veterinary services
2
1 under the joint supervision of the state division and chief of the United
2 States department of agriculture/animal and plant health inspection
3 service/veterinary services shall be authorized and empowered to inspect,
4 quarantine, treat, test, vaccinate, and condemn, appraise, slaughter and
5 dispose of any animals affected or infected with any contagious, infec-
6 tious or communicable disease, or infected with the disease of epithelioma
7 of the eye, commonly known as "cancer eye," or that have been exposed to
8 any such disease, and;
9 (f) Order the preventive slaughter or destruction of disease susceptible
10 animals that have not been exposed to create an area or areas that are
11 free of all susceptible animals in order to stop spread of a highly con-
12 tagious disease in the state;
13 (g) Establish biosecurity procedures and restrict human access to quaran-
14 tined areas and infected and exposed premises in order to prevent dissemi-
15 nation of disease;
16 (h) Qquarantine, clean and disinfect all premises where such infected or
17 exposed animals have been kept, and for this.
18 (2) In order to carry out the purpose the said of this chapter, state and
19 federal veterinarians, inspectors, or agents, state and federal, are hereby
20 authorized and empowered to enter any field, feed yard, barn, stable, railroad
21 car, stock yards stockyards, truck, airplane, other means of conveyance, or
22 other premises in this state where animals are kept. Said veterinarians,
23 inspectors or agents, state and federal, shall be empowered to call on sher-
24 iffs, constables and peace officers to assist them in the discharge of their
25 duties and in carrying out the provisions of this chapter and of said Acts of
26 Congress approved May 29, 1884, and the Act of March 3, 1905. Such sheriffs,
27 constables, and other peace officers shall give such assistance as may be
28 requested by said veterinarians, inspectors or agents in carrying out the pro-
29 visions of this chapter and said Acts of Congress. The word animal or animals
30 used in this section chapter shall include any vertebrate member of the animal
31 kingdom, except man; and the word disease shall include diseases of these ani-
32 mals.
33 (3) Any deer, elk, moose, bighorn sheep or bison handled, imported or
34 transported by the department of fish and game shall be tested for the pres-
35 ence of certain communicable diseases that can be transmitted to domestic
36 livestock. Those communicable diseases to be tested for shall be arrived at by
37 mutual agreement between the department of fish and game and the department of
38 agriculture.
39 SECTION 2. That Section 25-212, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 25-212. REPORTABLE DISEASES WHICH CONSTITUTE AN EMERGENCY -- RULES --
42 DUTY OF VETERINARIANS AND OWNERS OF LIVESTOCK AND OTHER ANIMALS -- INDEMNITY.
43 The director is authorized to declare any disease, parasite or agent which:
44 (1) has been identified by the United States department of agriculture/animal
45 and plant health inspection service/veterinary services (USDA/APHIS/VS) as a
46 "communicable foreign disease not known to exist in the United States"; or (2)
47 which is not naturally occurring in or has been eradicated from Idaho and
48 which, if introduced into Idaho, would have a devastating impact on the live-
49 stock or other animals of the state, a disease which constitutes an emergency.
50 The presence of such disease in any state in the United States, any country
51 contiguous to the United States, or any country from which the state of Idaho
52 receives animals or animal products may constitute an emergency. The director
53 is also authorized to promulgate rules which list and regulate diseases, para-
3
1 sites and other agents which, if introduced into the state, would result in
2 devastation of the livestock or other animals within the state and which dis-
3 eases therefore constitute an emergency. It is hereby made the duty of all
4 persons practicing veterinary medicine in this state to report to the division
5 immediately, by telephone or facsimile, any and all cases of exposure to or
6 infection of foot and mouth disease, bovine spongiform encephalopathy, chronic
7 wasting disease, other transmissible spongiform encephalopathies, brucellosis,
8 tuberculosis, or any foreign, exotic or emerging disease, or such other dis-
9 ease or diseases as may be declared to constitute an emergency by state or
10 national authorities that they may find existing among animals of the state.
11 Every owner of livestock or other animals and every breeder or dealer in live-
12 stock or other animals and everyone bringing livestock or other animals into
13 this state upon observing the appearance of, or symptoms of any disease or
14 diseases, or who has knowledge of exposure of the livestock or other animals
15 to diseases as herein set forth among the livestock or other animals owned by
16 him or under his care, shall give immediate notice by telephone or facsimile
17 to the division of the facts discovered by him as aforesaid, and any owner of
18 livestock or other animals who shall fail to make report as herein provided
19 shall forfeit all claims for indemnity for animals condemned and slaughtered
20 or destroyed on account of any disease or diseases as herein provided for in
21 accordance with the provisions made and promulgated by the division. In the
22 event the director determines that animals in the state have been exposed to
23 or are infected with a disease which constitutes an emergency or in the event
24 of an outbreak of any disease or diseases as herein provided among any of the
25 animals of this state the state board of examiners is authorized and empow-
26 ered, upon the recommendation of the division, to reimburse the owner by cash
27 payment or to issue or cause to be issued certificates of indebtedness having
28 interest at such rate as shall be set by the said state board of examiners,
29 for the purpose of reimbursing the owner of any affected or exposed animal,
30 any animal ordered slaughtered or destroyed, or animals which have been con-
31 demned, appraised and slaughtered or destroyed by direction of the division,
32 and for property destroyed and for labor employed in digging trenches, or dis-
33 posing of animals by any other means and for cleaning and disinfecting prem-
34 ises where such infected or exposed animal or animals have been kept; pro-
35 vided, that the state shall only pay the difference between appraised price
36 less federal indemnity and salvage value for any animals condemned and slaugh-
37 tered or destroyed under this section and the actual costs for burial or dis-
38 posal of animal carcasses and for cleaning and disinfection of premises where
39 infected or exposed animals have been kept. In the event federal indemnity is
40 unavailable, the state shall only pay the difference between appraised price
41 and salvage value. Appraisals shall be performed by a team comprised of an
42 animal health representative, the owner and a person with experience in mar-
43 keting the species of the animal condemned. The director may grant a hearing
44 to any person, under such rules as the department may prescribe which are in
45 compliance with chapter 52, title 67, Idaho Code, when the appraisal price is
46 in dispute. An appeal may be taken from the decision of the director under the
47 provisions of chapter 52, title 67, Idaho Code.
48 SECTION 3. An emergency existing therefor, which emergency is hereby
49 declared to exist, this act shall be in full force and effect on and after its
50 passage and approval.
STATEMENT OF PURPOSE
RS 11454
Amend Title 25, Chapter 2, Idaho Code, to enhance the ability of
the division of animal industries to prevent the incursion of a
devastating animal disease into the state, address such a disease
in the state should one be introduced, clarify circumstances under
which an animal health emergency may be declared, and identify
diseases and disease categories which may constitute an emergency.
FISCAL IMPACT
There will be no fiscal impact to the general fund, unless there
is an animal health emergency - such as Foot-and-Mouth Disease or
Bovine Spongiform Encephalopathy (Mad Cow Disease).
CONTACT
Name: Dr. Bob Hillman, Administrator
Agency: Agriculture, Dept. of
Phone: 208-332-8540
Statement of Purpose/Fiscal Impact H 446