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S1452...............................................by AGRICULTURAL AFFAIRS APIARIES - Amends and adds to existing law to provide for the registration of apiaries with the state Department of Agriculture. 02/13 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to Agric Aff
S1452|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1452 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO BEE INSPECTION; AMENDING SECTION 22-2518, IDAHO CODE, TO ADD DEFI- 3 NITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 25, TITLE 22, 4 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-2527, IDAHO CODE, TO PRO- 5 VIDE FOR THE REGISTRATION OF APIARIES AND TO AUTHORIZE RULEMAKING AUTHOR- 6 ITY; AND AMENDING SECTION 22-2539, IDAHO CODE, TO AUTHORIZE THE IDAHO 7 STATE DEPARTMENT OF AGRICULTURE TO SEIZE COLONIES, EQUIPMENT OR HIVES IN 8 VIOLATION OF THE PROVISIONS OF THIS ACT OR ANY RULES PROMULGATED UNDER 9 THIS ACT AND TO MAKE TECHNICAL CORRECTIONS. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 22-2518, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 22-2518. DEFINITIONS. The following terms shall be construed respectively 14 when used in this act to mean: 15 (1) "Apiary" means any place where one (1) or 16 more colonies of bees are kept, or one (1) or more hives contain- 17 inghoney combshoneycombs or bee combs are kept. 18 (2) "Bee diseases" mean s a condition of a colony of bees 19 wherein sufficient numbers of individual bees are afflicted by or infested 20 with bacterial, fungal, viral, parasitic, or other organisms to the extent 21 that the well-being of the colony is affected. Specific diseases shall be 22 determined byregulationrule . 23 (3) "Bees" means any stage of commonhoney bee24 honeybee , Apis mellifera L. 25 (4) "Colony" means the hive and bees therein with or without 26 extra supers. 27 (5) "Comb" includes all materials which are normally deposited into hives 28 by bees. It does not include extracted honey or royal jelly, trapped pollen 29 and processed beeswax. 30 (6) "Commercial beekeeper" means a person engaged in the 31 management ofhoney beeshoneybees for their prod- 32 ucts and for pollination services. 33 (7) "Director" means the director of the Idaho department of 34 agriculture or his designated agent. 35 (8) "Equipment" means hives, supers, frames, veils, gloves 36 or any apparatus, tools, machines or other devices used in the handling and 37 manipulation of bees, wax and hives, and shall also include any containers for 38 honey and wax which may be used in any apiary or in transporting bees and 39 their products and apiary supplies. 40 (9) "Exotic strain of bees" means African or Africanized bees (Apis 41 mellifera scutellata) or any other developed strain of bees known to be harm- 42 ful, but not known to be present ordinarily in this state. 43 (10) "General apiary" means an apiary other than a pollination api- 2 1 ary, landowner apiary or hobbyist apiary. 2 (11) "Hive" means a frame, hive, box, barrel, log gum, 3 skep, or any other receptacle or container, natural or artificial, or any part 4 thereof, which may be used as a domicile for bees. 5 (12) "Hobbyist apiary" means an apiary owned by a hobbyist bee- 6 keeper. 7 (113 ) "Hobbyist beekeeper" means a 8 person engaged in the management ofhoney beeshoneybees 9 for pleasure and whose stock does not exceed fifty (50) colonies. 10 (14) "Landowner" means the person who has the use and exclusive pos- 11 session of the land upon which a landowner apiary is to be registered. How- 12 ever, a person leasing or renting land for the primary purpose of locating or 13 establishing an apiary is not considered a landowner. 14 (15) "Landowner apiary" means an apiary owned by a landowner as defined in 15 this section. 16 (126 ) "Persons" means individuals, 17 associations, partnerships and corporations. 18(13) "Qualified bistate beekeeper" a person who is a bona fide reg-19istered beekeeper and resident of and taxpayer of the state of Idaho, owning a20bee yard or bee yards in both Idaho and another state, whose headquarters are21in the state of Idaho.22 (17) "Pollination apiary" means an apiary operated for pollination 23 of a commercial seed, fruit or other commercial agricultural product. 24 (148 ) "Queen apiary" means any api- 25 ary or premises in which queen bees are reared or kept for sale or gift. 26 SECTION 2. That Chapter 25, Title 22, Idaho Code, be, and the same is 27 hereby amended by the addition thereto of a NEW SECTION , to be 28 known and designated as Section 22-2527, Idaho Code, and to read as follows: 29 22-2527. REGISTRATION OF APIARIES. This section applies only to counties 30 north of the Salmon River. A majority of registered beekeepers with apiaries 31 within a county may, by petition, request the director to establish by rule a 32 system for the registration of apiaries within that county. Once successfully 33 petitioned, the director, in consultation with the petitioners, shall set 34 forth the conditions of apiary registration including the fee structure neces- 35 sary for the establishment of the program in the petitioning county. 36 SECTION 3. That Section 22-2539, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 22-2539. PENALTY FOR VIOLATIONS. (1) Any person who violates or fails to 39 comply with any of the provisions of this chapter shall be guilty of a misde- 40 meanor and upon conviction thereof shall be fined not less than one hundred 41 dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned in 42 the county jail for not less than three (3) months nor more than twelve (12) 43 months or be subject to both such fine and imprisonment. 44 (2) Any person who violates or fails to comply with any of the provisions 45 of this chapter or anyregulationsrules promulgated 46 under this chapter may be assessed a civil penalty by the department or its 47 duly authorized agent of not more than one hundred dollars ($100) for each 48 offense and shall be liable for reasonable attorney fees. Assessment of a 49 civil penalty may be made in conjunction with any other department administra- 50 tive action. No civil penalty may be assessed unless the person charged was 51 given notice and opportunity for a hearing pursuant to the Idaho administra- 3 1 tive procedure act. If the department is unable to collect such penalty or if 2 any person fails to pay all or a set portion of the civil penalty as deter- 3 mined by the department, it may recover such amount by action in the appropri- 4 ate district court. Any person against whom the department has assessed a 5 civil penalty under the provisions of this section may, within thirty (30) 6 days of the final action by the agency making the assessment, appeal the 7 assessment to the district court of the county in which the violation is 8 alleged by the department to have occurred. Moneys collected for violation of 9 a ruleor regulationshall be remitted to the agricultural 10 inspection account. 11 (3) Any bees, colonies, equipment or hives imported into this state 12 by a nonresident person, in violation of any provision of this chapter, or 13 rules promulgated thereunder, shall be subject to seizure by the department. 14 Any bees, colonies, equipment or hives found on any property without the per- 15 mission of the landowner or not identified with the owner's name, address, 16 phone and registration numbers or found to be in violation of section 22-2527, 17 Idaho Code, shall also be subject to seizure by the department. Any bees, col- 18 onies, equipment or hives not claimed and brought into compliance with this 19 chapter or rules promulgated thereunder, within ninety (90) days from the date 20 of seizure may be sold at public auction by a sealed bid. 21 (4) Nothing in this chapter shall be construed as requiring the 22 director to report minor violations for prosecution when he believes that the 23 public interest will be best served by suitable warnings or other administra- 24 tive action.
STATEMENT OF PURPOSE
RS07977
The purpose of this legislation is to amend Title 22, Chapter
25, Bee Inspection, to add a new section to authorize
rulemaking authority for the registration of apiaries with
specific buffer zones between apiaries in the counties north of
the Salmon River on a county option basis. The program would be
implemented based on results of a petition by a majority of the
registered beekeepers with apiaries in the county in question.
The legislation also amends Title 22, Chapter 25, Section
22-2539, Bee Inspection, Penalties for Violations, to authorize
ISDA to seize colonies in violation of the provisions of this
chapter or any rules promulgated under this chapter, and it
will require the owners of colonies in violation of this
chapter or any rules promulgated under this chapter to come
forth to claim their colonies and comply with the law.
FISCAL NOTE
Fees for registration of apiary and seizure of colonies will
be established by rule. It is anticipated a fee of $5 to $10
per apiary is necessary to maintain a recording system. It is
unlikely that more than a few thousand dollars per county will
be collected. It is not possible at this time to estimate the
amount that will be collected for seizures of colonies.
CONTACT: Senator Bruce L. Sweeney
Senator Marguerite McLaughlin
(208)332-1351
STATEMENT OF PURPOSE/FISCAL NOTE
S1452