1999 Legislation
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HOUSE BILL NO. 370 – Swine/poultry feed operatn/regulate

HOUSE BILL NO. 370

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Daily Data Tracking History



H0370.....................................................by WAYS AND MEANS
SWINE/POULTRY FEEDING OPERATIONS - Adds to existing law to provide a
statement of intent; to provide authority to the Department of Health and
Welfare to promulgate rules regarding large swine and poultry feeding
operations.

03/12    House intro - 1st rdg - to printing
03/15    Rpt prt - to Agric Aff
03/17    Rpt out - rec d/p - to 2nd rdg
03/17    Rules susp - PASSED - 61-6-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gould, Hadley, Hammond, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Kunz, Lake, Limbaugh, Linford, Mader, Marley, Meyer(Duncan),
      Mortensen, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
      Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
      Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood, Zimmermann,
      Mr Speaker
      NAYS -- Geddes, Loertscher, McKague, Moyle, Sali, Taylor
      Absent and excused -- Chase, Gagner, Montgomery
    Floor Sponsor - Jones
    Title apvd - to Senate
03/17    Senate intro - 1st rdg - to Agric Aff
03/18    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
    Rules susp - PASSED - 32-0-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett,
      Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Crow, Parry, Riggs
    Floor Sponsor - Burtenshaw
    Title apvd - to House - to enrol
03/22    Rpt enrol - Sp signed - Pres signed
03/23    To Governor
03/24    Governor signed
         Session Law Chapter 263
         Effective: 03/24/99

Bill Text


H0370


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 370

                               BY WAYS AND MEANS COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE DEPARTMENT OF HEALTH AND WELFARE; AMENDING  CHAPTER  1,  TITLE
 3        39,  IDAHO  CODE, BY THE ADDITION OF A NEW SECTION 39-104A, IDAHO CODE, TO
 4        PROVIDE A STATEMENT OF INTENT AND TO PROVIDE AUTHORITY TO  THE  DEPARTMENT
 5        OF  HEALTH  AND  WELFARE  TO MAKE RULES REGULATING LARGE SWINE AND POULTRY
 6        FEEDING OPERATIONS; AND DECLARING AN EMERGENCY.

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

 8        SECTION 1.  That Chapter 1, Title 39, Idaho Code,  be,  and  the  same  is
 9    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
10    known and designated as Section 39-104A, Idaho Code, and to read as follows:

11        39-104A.  AUTHORITY TO MAKE RULES REGULATING LARGE SWINE AND POULTRY FEED-
12    ING OPERATIONS. (1) The state of Idaho  is  experiencing  the  development  of
13    large  swine  and poultry feeding operations which are inadequately controlled
14    through existing state regulatory  mechanisms.   If  not  properly  regulated,
15    these  facilities  pose  a  threat  to  the  state's  surface and ground water
16    resources.  Due to existing rulemaking authority, the department of health and
17    welfare, division of environmental quality, is in the  best  position  of  all
18    state agencies to modify its present rules and to make new rules to develop an
19    adequate regulatory framework for large swine and poultry feeding operations.
20        (2)  The  department  of  health  and  welfare is authorized to modify its
21    existing administrative rules and to make new rules regulating large swine and
22    poultry feeding operations, as they shall be defined by the  department.   The
23    department  is  authorized to work with the Idaho department of agriculture in
24    the development of such rules.

25        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
26    declared to exist, this act shall be in full force and effect on and after its
27    passage and approval.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                              RS09215

Idaho is being presented with a great opportunity. Large swine and
poultry feeding operations want to locate in the state. Properly
designed and operated, these businesses promise to provide new job
opportunities and enhance public and private revenues. At the same
time, they present unique challenges to the state because of their
very large size. Idaho does not have adequate regulatory mechanisms in
place to properly regulate these operations while protecting the
state's surface and ground water resources.

This legislation solves the problem by authorizing and requesting the
Division of Environmental Quality, working in conjunction with the
Department of Agriculture, to modify the division's administrative
rules to provide for adequate regulation of large swine and poultry
feeding operations.

                                  
                                  
                                  
                            FISCAL NOTE

This legislation does not require a specific expenditure from the
General Fund. Costs normally associated with rule making by a state
agency will be incurred.









CONTACT:  Rep. Doug Jones
        Rep. Wendy Jaquet
        (208) 332-1000
        
STATEMENT OF PURPOSE/ FISCAL NOTE     Bill No.      H 370