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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
H0747|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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
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