1998 Legislation
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HOUSE BILL NO. 747, As Amended – Agricultural solid waste, regulatn

HOUSE BILL NO. 747, As Amended

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Daily Data Tracking History



H0747aa.......................................by RESOURCES AND CONSERVATION
AGRICULTURAL SOLID WASTE - Adds to existing law to give the director of the
Department of Agriculture the duty to regulate agricultural solid waste, to
charge fees and to impose penalties.

02/18    House intro - 1st rdg - to printing
02/19    Rpt prt - to Agric Aff
02/27    Rpt out - to Gen Ord
03/06    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/11    3rd rdg as amen - PASSED - 55-14-1
      AYES -- Barraclough, Bell, Bivens, Black(15), Black(23), Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Cuddy, Deal, Ellsworth,
      Field(13), Field(20), Gagner, Gould, Hadley, Hansen, Henbest,
      Hornbeck, Jaquet, Jones(22), Jones(20), Judd, Kellogg, Kempton,
      Kjellander, Kunz, Lake, Linford, Mader, Marley, Meyer, Miller,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Sali, Schaefer, Stevenson, Stone, Stubbs, Tilman, Trail, Watson,
      Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Alltus, Barrett, Bieter, Crane, Denney, Geddes, Jones(9),
      Kendell, Loertscher, McKague, Robison, Stoicheff, Taylor, Tippets
      Absent and excused -- Crow,
    Floor Sponsor - Lake
    Title apvd - to Senate
03/12    Senate intro - 1st rdg as amen - to Agric Aff
03/19    Rpt out - rec d/p - to 2nd rdg as amen
03/20    2nd rdg - to 3rd rdg as amen
03/20    3rd rdg - PASSED - 31-0-4
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Schroeder, Sorensen, Stennett, Sweeney,
      Thorne, Wheeler
      NAYS--None
      Absent and excused--Hansen, Sandy, Twiggs, Whitworth
    Floor Sponsor - Geddes
    Title apvd - to House
03/23    To enrol - rpt enrol - Sp signed
03/24    Pres signed - to Governor
03/27    Governor signed
         Session Law Chapter 417
         Effective: 07/01/98

Bill Text


H0747


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

                             IN THE HOUSE OF REPRESENTATIVES

                              HOUSE BILL NO. 747, As Amended

                         BY RESOURCES AND CONSERVATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO AGRICULTURAL SOLID WASTE; AMENDING  CHAPTER  1,  TITLE  22,  IDAHO
 3        CODE,  BY THE ADDITION OF A NEW SECTION 22-110, IDAHO CODE, TO SPECIFY THE
 4        AUTHORITY OF THE DIRECTOR TO REGULATE AGRICULTURAL SOLID WASTE, PROMULGATE
 5        RULES, ESTABLISH FEES AND ESTABLISH PENALTIES.

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

 7        SECTION 1.  That Chapter 1, Title 22, Idaho Code,  be,  and  the  same  is
 8    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
 9    known and designated as Section 22-110, Idaho Code, and to read as follows:

10        22-110.  AUTHORITY AND DUTIES OF DIRECTOR CONCERNING  AGRICULTURAL  WASTE.
11    (1)  In addition to other powers and duties, the director of the state depart-
12    ment of agriculture shall have authority to regulate agricultural solid waste,
13    agricultural composting and other similar agricultural activities to safeguard
14    and protect animals, man and the  environment.  The  director  may  promulgate
15    rules  in compliance with chapter 52, title 67, Idaho Code, that may be neces-
16    sary for the efficient enforcement of the  provisions  of  this  section.  The
17    director  may  collaborate with any state agency, federal agency or other gov-
18    ernmental entity in the development of rules promulgated pursuant to this sec-
19    tion.
20        (2)  The director may, by rule, establish a schedule of fees for  services
21    performed  by  the  department in the administration of this section and rules
22    promulgated pursuant thereto. Receipts of these fees shall be deposited in the
23    agricultural inspection fund pursuant to section 22-104, Idaho Code, and shall
24    be used, subject to annual appropriation of the legislature, to pay  the  cost
25    of administering the provisions of this section and rules promulgated pursuant
26    thereto.
27        (3)  Any  person violating the provisions of this section or rules promul-
28    gated pursuant thereto may be assessed a civil penalty by  the  department  or
29    its duly authorized agent of not more than three thousand dollars ($3,000) for
30    each offense and shall be liable for reasonable attorney's fees. Assessment of
31    a  civil penalty may be made in conjunction with any other department adminis-
32    trative action. No civil penalty may be assessed unless the person charged has
33    been given notice and opportunity for a hearing pursuant to the Idaho adminis-
34    trative procedure act, chapter 52, title 67, Idaho Code. If the department  is
35    unable  to  collect  such civil penalty or if any person fails to pay all or a
36    set portion of the civil penalty as  determined  by  the  department,  it  may
37    recover  such  amount  by action in the appropriate district court. Any person
38    against whom the department has assessed a civil penalty  under  this  section
39    may,  within  twenty-eight  (28)  days  of  the final agency action making the
40    assessment, seek judicial review of the assessment in accordance with the pro-
41    visions of chapter 52, title 67, Idaho Code. Moneys collected  for  violations
42    of  this  section  or  rules  promulgated thereunder shall be deposited in the
43    state treasury and credited to the  agricultural  inspection  fund.  When  the


                                          2

 1    director identifies items of noncompliance with the rules promulgated pursuant
 2    to this section, appropriate corrective actions will be identified. The direc-
 3    tor  may  develop a formal compliance schedule as appropriate to correct defi-
 4    ciencies. The director may, through the formal compliance schedule, allow  all
 5    or  part of the value of assessed civil penalties to be applied toward correc-
 6    tion of deficiencies.

Statement of Purpose / Fiscal Impact


    





                          STATEMENT OF PURPOSE
    
                                RS 08096
    
    Amend Title 22, Chapter 1, Department of Agriculture - To add 
    a new section 922-110) to provide authority to the Department of 
    Agriculture to regulate agricultural solid waste, agricultural 
    composting and other similar activities, authorize rule making, 
    establish fees for conducting inspections and other activities to 
    assure compliance with the rules promulgated pursuant to this 
    section, and provide penalties for violations.
    
                               FISCAL NOTE
    
    It is difficult to determine the costs associated with the 
    addition of this section since limited information is available 
    pertaining to the numbers or size of the agricultural solid waste 
    facilities.
    
    CONTACT: Representative Frances Field
             (208) 332-1000
             Lewis Eilers, Idaho Dairymen's Assoc.
             (208) 736-1954
    
    STATEMENT OF PURPOSE/ FISCAL NOTE
    
    H 747