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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
H0550|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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 thewater pollution control accountgeneral 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
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