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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
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.
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
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