1998 Legislation
Print Friendly

HOUSE BILL NO. 550, As Amended in the Senate – Chemigation, no license, penalty

HOUSE BILL NO. 550, As Amended in the Senate

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History






H0550aaS............................................by AGRICULTURAL AFFAIRS
CHEMIGATION - Amends existing law to provide that all civil penalties
collected for engaging in, conducting or carrying on chemigation without
having a valid license shall be remitted to the General Fund.

01/29    House intro - 1st rdg - to printing
01/30    Rpt prt - to Agric Aff
02/05    Rpt out - rec d/p - to 2nd rdg
02/06    2nd rdg - to 3rd rdg
02/10    3rd rdg - PASSED - 62-4-4
      AYES -- Barraclough, Bell, Bieter, Bivens, Black(15), Black(23), Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
      Hansen, Henbest, Hornbeck, Jones(9), Jones(22), Jones(20), Judd,
      Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
      Loertscher, Marley, McKague, Meyer, Miller, Mortensen, Newcomb,
      Pischner, Pomeroy, Reynolds, Richman, Robison, Sali, Schaefer,
      Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Watson,
      Wheeler, Zimmermann, Mr Speaker
      NAYS -- Alltus, Barrett, Geddes, Wood
      Absent and excused -- Jaquet, Mader, Ridinger, Trail
    Floor Sponsor - Lake
    Title apvd - to Senate
02/11    Senate intro - 1st rdg - to Agric Aff
02/25    Rpt out - to 14th Ord
    Rpt out amen - to 1st rdg as amen
02/26    1st rdg - to 2nd rdg as amen
02/27    2nd rdg - to 3rd rdg as amen
03/10    3rd rdg as amen - PASSED - 25-7-3
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Deide, Dunklin, Frasure, Hansen, Hawkins,
      Ingram, Ipsen, Keough, King, McLaughlin, Noh, Riggs, Risch, Sandy,
      Schroeder, Sweeney, Thorne, Wheeler
      NAYS--Branch, Crow, Geddes, Lee, Parry, Stennett, Whitworth
      Absent and excused--Richardson, Sorensen, Twiggs
    Floor Sponsor - Ingram
    Title apvd - to House
03/11    House concurred in Senate amens - to engros
03/12    Rpt engros - 1st rdg - to 2nd rdg as amen
03/13    2nd rdg - to 3rd rdg as amen
03/16    3rd rdg as amen - PASSED - 64-0-6
      AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15),
      Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
      Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
      Geddes, Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(9),
      Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
      Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
      Mortensen, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
      Sali, Schaefer, Stevenson, Stoicheff, Stone, Tilman, Tippets, Trail,
      Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Alltus, Hansen, Miller, Newcomb, Stubbs, Taylor
    Floor Sponsor - Lake
    Title apvd - to enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - to Governor
03/19    Governor signed
         Session Law Chapter 101
         Effective: 07/01/98

Bill Text


H0550


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                       HOUSE BILL NO. 550, As Amended in the Senate

                            BY AGRICULTURAL AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO CHEMIGATION; AMENDING SECTION 22-1408, IDAHO CODE, TO PROVIDE THAT
 3        ALL CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL  BE  REMITTED
 4        TO THE GENERAL FUND.

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION  1.  That  Section 22-1408, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 8        22-1408.  CONDUCTING CHEMIGATION WITHOUT A LICENSE. Any person who engages
 9    in, conducts or carries on chemigation without having a valid chemigation cat-
10    egory on a private or professional applicator license in full force and effect
11    pursuant to this chapter shall be liable for a civil penalty of not less  than
12    one  thousand  dollars ($1,000) and not more than twenty-five thousand dollars
13    ($25,000). The director may file a civil action to enforce this section  in  a
14    court of competent jurisdiction in the county in which the violation occurred.
15    All  civil  penalties  collected pursuant to this section shall be remitted to
16    the  water pollution control account    general  fund  .
17    The burden of proof for such liability shall be met by showing a preponderance
18    of  the  evidence.  The  civil liability contained in this section shall be in
19    addition to, and not in lieu of, any liability contained in chapter  1,  title
20    39, Idaho Code.

Statement of Purpose / Fiscal Impact








    STATEMENT OF PURPOSE 
    RS07293
    
    
    This proposed amendment to Title 22, Chapter 14, Idaho Code, will amend Section 221408, 
    Idaho Code, by providing that civil penalties collected pursuant to this Section shall be remitted 
    to the pesticide fund of the Department of Agriculture. Currently, civil penalties are to be remitted 
    to the Water Pollution Control Account, which was the funding source for the chemigation 
    program prior to July 1, 1997, when the General Fund became the funding source.
    
                               FISCAL IMPACT
    
    None. Receipts would be remitted to the pesticide fund of the department of agriculture.
    
    CONTACT
    Name: Mike Everett/Robert Hays
    Agency: Department of Agriculture
    Phone: 332-8605
    Statement of Purpose/Fiscal Impact
    
    H 550