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S1209...............................................by AGRICULTURAL AFFAIRS
BEES - INSPECTIONS - Amends existing law relating to bee inspection to
authorize the Department of Agriculture to seize bees, colonies, equipment
or hives that are in violation of provisions of the law.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Agric Aff
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 27-0-8
AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
Danielson, Darrington, Davis, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Keough, Lee, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Stennett, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Burtenshaw, Deide, Ipsen, King, McLaughlin, Noh,
Parry, Thorne
Floor Sponsor - Keough
Title apvd - to House
03/05 House intro - 1st rdg - to Agric Aff
03/17 Rpt out - rec d/p - to 2nd rdg
03/18 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
Loertscher, Mader, Marley, McKague, Meyer(Duncan), Montgomery,
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tippets, Trail, Watson, Wheeler, Wood,
Mr Speaker
NAYS -- None
Absent and excused -- Cuddy, Tilman, Williams, Zimmermann
Floor Sponsor - Trail
Title apvd - to Senate - to enrol
03/22 Rpt enrol - Pres signed - Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 324
Effective: 07/01/99
S1209|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1209 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO BEE INSPECTION; AMENDING SECTION 22-2539, IDAHO CODE, TO AUTHORIZE 3 SEIZURE OF BEES, COLONIES, EQUIPMENT OR HIVES IN VIOLATION OF PROVISIONS 4 OF THIS CHAPTER AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 22-2539, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 22-2539. PENALTY FOR VIOLATIONS. (1) Any person who violates or fails to 9 comply with any of the provisions of this chapter shall be guilty of a misde- 10 meanor and upon conviction thereof shall be fined not less than one hundred 11 dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned in 12 the county jail for not less than three (3) months nor more than twelve (12) 13 months or be subject to both such fine and imprisonment. 14 (2) Any person who violates or fails to comply with any of the provisions 15 of this chapter or anyregulationsrules promulgated 16 under this chapter may be assessed a civil penalty by the department or its 17 duly authorized agent of not more than one hundred dollars ($100) for each 18 offense and shall be liable for reasonable attorney 's fees. 19 Assessment of a civil penalty may be made in conjunction with any other 20 department administrative action. No civil penalty may be assessed unless the 21 person charged was given notice and opportunity for a hearing pursuant to the 22 Idaho administrative procedure act. If the department is unable to collect 23 such penalty or if any person fails to pay all or a set portion of the civil 24 penalty as determined by the department, it may recover such amount by action 25 in the appropriate district court. Any person against whom the department has 26 assessed a civil penalty under the provisions of this section may, within 27 thirty (30) days of the final action by the agency making the assessment, 28 appeal the assessment to the district court of the county in which the viola- 29 tion is alleged by the department to have occurred. Moneys collected for 30 violation of a ruleor regulationshall be remitted to the agri- 31 cultural inspection account. 32 (3) Any bees, colonies, equipment or hives, imported into this 33 state by a nonresident person, in violation of any provision of this chapter 34 shall be subject to seizure by the department. Any bees, colonies, equipment 35 or hives found on any property without the permission of the landowner or not 36 identified with the owner's name, address, phone and registration numbers or 37 found to be in violation of this chapter or rules adopted by the department, 38 shall also be subject to seizure by the department. Any bees, colonies, equip- 39 ment or hives not claimed and brought into compliance with the provisions of 40 this chapter within ninety (90) days from the date of seizure may be sold at 41 public auction by a sealed bid. 42 43 (4) Nothing in this chapter shall be construed as requiring 2 1 the director to report minor violations for prosecution when he believes that 2 the public interest will be best served by suitable warnings or other adminis- 3 trative action.
STATEMENT OF PURPOSE RS09053 It is the purpose of this legislation to provide a tool to Agricultural inspectors for enforcement of Idaho's beekeeping laws. FISCAL NOTE It is not anticipated that this bill will impact the budget. CONTACT: Senator Shawn Keough 332-1340 STATEMENT OF PURPOSE: FISCAL NOTE S1209