2000 Legislation
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SENATE BILL NO. 1436, As Amended – Animals, dead, disposal

SENATE BILL NO. 1436, As Amended

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Daily Data Tracking History



S1436aa.............................................by AGRICULTURAL AFFAIRS
ANIMALS - Adds to existing law to authorize the administrator of the
Division of Animal Industries in the Department of Agriculture to regulate
the disposal of dead animals, carcasses and body parts; to authorize
rulemaking; to provide for violations; to provide for criminal and civil
prosecution and penalties; to provide for corrective actions; and to
provide discretion to the director of the Department of Agriculture.
                                                                        
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Agric Aff
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/06    To 14th Ord
03/07    Rpt out amen - to engros
03/08    Rpt engros - 1st rdg - to 2nd rdg as amen
03/09    2nd rdg - to 3rd rdg as amen
03/15    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Sandy
    Title apvd - to House
03/16    House intro - 1st rdg as amen - to Agric Aff
03/21    Rpt out - w/o rec - to 2nd rdg as amen
03/22    2nd rdg - to 3rd rdg as amen
03/30    3rd rdg as amen - PASSED - 34-28-8
      AYES -- Bell, Bieter, Boe, Bruneel, Campbell, Chase, Cuddy, Deal,
      Ellsworth, Field(13), Field(20), Hansen(29), Henbest, Hornbeck,
      Jaquet, Jones(Jones), Judd, Kellogg, Kempton, Lake, Marley,
      Montgomery, Moss, Pischner, Ringo, Robison, Sellman, Shepherd,
      Smylie, Stevenson, Stoicheff, Stone, Trail, Wheeler
      NAYS -- Alltus, Barraclough, Barrett, Callister, Cheirrett, Clark,
      Denney, Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Kendell,
      Kunz, Linford, Loertscher, McKague, Meyer, Mortensen, Moyle, Pearce,
      Ridinger, Sali, Smith, Tilman, Wood, Zimmermann
      Absent and excused -- Black, Crow, Mader, Pomeroy, Reynolds,
      Schaefer, Taylor, Mr Speaker
    Floor Sponsors - Chase, Jones
    Title apvd - to Senate
03/31    To enrol
04/03    Rpt enrol - Pres signed - Sp signed
04/04    To Governor
04/12    Governor signed
         Session Law Chapter 259
         Effective: 04/12/00

Bill Text


 S1436
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1436, As Amended
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DEPARTMENT OF AGRICULTURE; AMENDING CHAPTER 2, TITLE 25, IDAHO
  3        CODE, BY THE ADDITION OF A NEW SECTION 25-237, IDAHO  CODE,  TO  AUTHORIZE
  4        THE  ADMINISTRATOR  OF  THE  DIVISION OF ANIMAL INDUSTRIES TO REGULATE THE
  5        DISPOSAL OF DEAD ANIMALS, CARCASSES AND BODY PARTS, TO AUTHORIZE  RULEMAK-
  6        ING, TO PROVIDE FOR VIOLATIONS, TO PROVIDE FOR CRIMINAL AND CIVIL PROSECU-
  7        TION  AND PENALTIES, TO PROVIDE FOR CORRECTIVE ACTIONS AND TO PROVIDE DIS-
  8        CRETION TO THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE; AND DECLARING AN
  9        EMERGENCY.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Chapter 2, Title 25, Idaho Code,  be,  and  the  same  is
 12    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 13    ignated as Section 25-237, Idaho Code, and to read as follows:
                                                                        
 14        25-237.  DISPOSAL OF DEAD ANIMAL BODIES, CARCASSES AND BODY PARTS. (1) The
 15    administrator of the division is authorized to regulate the disposal  of  dead
 16    animal  bodies,  carcasses  and  body parts, and similar activities to protect
 17    public health, animals and the environment. The administrator is authorized to
 18    promulgate and enforce rules that may be necessary for the efficient  adminis-
 19    tration  and  enforcement of this section. Such rules shall be consistent with
 20    other applicable state or federal laws or rules or regulations which relate to
 21    disposal of dead animal bodies, carcasses and body parts.
 22        (2)  Any person violating this section or  rules  promulgated  under  this
 23    section  is guilty of a misdemeanor. Upon conviction, violators are subject to
 24    a fine of not less than one hundred dollars ($100)  and  not  more  than  five
 25    thousand  dollars  ($5,000) for each offense, or by imprisonment in the county
 26    jail for a period not to exceed six (6) months.
 27        (3)  Any person violating this section or  rules  promulgated  under  this
 28    section  may be assessed a civil penalty by the department or its agent of not
 29    more than five thousand dollars ($5,000) for  each  offense.  Persons  against
 30    whom  civil  penalties are assessed are liable for reasonable attorney's fees.
 31    Civil penalties may be assessed  in  conjunction  with  any  other  department
 32    administrative  action.  Civil penalties may not be assessed unless the person
 33    charged has been given notice and opportunity for a hearing  pursuant  to  the
 34    Idaho  administrative  procedure act, chapter 52, title 67, Idaho Code. If the
 35    department is unable to collect an assessed civil penalty  or  if  any  person
 36    fails  to  pay  all  or  a set portion of a civil penalty as determined by the
 37    department, the department may recover such amount by action in the  appropri-
 38    ate  district  court.  Any  person  against whom the department has assessed a
 39    civil penalty under this section may, within twenty-eight  (28)  days  of  the
 40    final agency action making the assessment, seek judicial review of the assess-
 41    ment  in  accordance  with the provisions of chapter 52, title 67, Idaho Code.
 42    Moneys collected for violations of this section  or  rules  promulgated  under
 43    this  section  shall  be  deposited  in the state treasury and credited to the
                                                                        
                                           2
                                                                        
  1    livestock disease control and T.B. indemnity fund. If the director  determines
  2    that  a  person  has  not  complied with this section or the rules promulgated
  3    under  this  section,  the  director  shall  identify  appropriate  corrective
  4    actions. The director may develop a  formal  compliance  schedule  to  correct
  5    deficiencies  caused by noncompliance. The director may, through a formal com-
  6    pliance schedule, allow all or part of the value of the assessed civil  penal-
  7    ties to apply toward correction of the deficiencies.
  8        (4)  Nothing  in this section requires the director to report minor viola-
  9    tions for prosecution when he believes that the public interest will  be  best
 10    served by suitable warnings or other administrative action.
                                                                        
 11        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 12    declared to exist, this act shall be in full force and effect on and after its
 13    passage and approval.

Amendment


 AS1436
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Sandy               
                                                                        
                                                     Seconded by Riggs               
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1436
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 19,  following  "section."  insert:
  3    "Such rules shall be consistent with other applicable state or federal laws or
  4    rules or regulations which relate to disposal of dead animal bodies, carcasses
  5    and body parts.".

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE
                         RS09378 
   
   Chapter 2, Title 25, Idaho Code, does not adequately address disposal of animals that
   die from a cause other than disease, nor does current law adequately address
   environmental concerns. 
   
   The purpose of this proposed legislation is to amend Chapter 2, Title 25, Idaho Code, to
   clarify the authority of the division administrator to assure proper disposal of dead
   animal bodies, carcasses and body parts, and provide penalties for violation of the
   section or rules promulgated thereunder. 
   
   The improper disposal of dead animal bodies, carcasses or body parts can result in
   spread of disease to man or animals and can result in contamination of the environment.  
   Increased concern about zoonotic diseases (diseases spread from animals to man) ; the
   potential for spread of disease to man or animals through contamination of surface or
   groundwater with potentially harmful agents or compounds;  and, increased agency
   efforts to prevent environmental contamination, especially of surface and ground water,
   necessitate emergency designation to this proposed legislation. 
   
   
                             
                       FISCAL NOTE 
   
   The proposed legislation should not impose any fiscal impact. 
   
   CONTACTS: 
                                                     Names:         Bob Hillman, Administrator                 Phone: 332-8540
                                                          John Chatburn, Program Manager             Phone: 332-8543
                                                     Kendal Eyre, Bureau Chief                         Phone: 332-8560 
   Agency:   Dept. of Agriculture, Division   of Animal Industries 
   
                                                          STATEMENT OF PURPOSE/FISCAL IMPACT                     S 1436