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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
|||| 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.
|||| 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 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