2000 Legislation
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SENATE BILL NO. 1479 – Livestock owners, cnty permits

SENATE BILL NO. 1479

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Daily Data Tracking History



S1479...............................................by AGRICULTURAL AFFAIRS
LIVESTOCK OWNERS - Amends existing law to clarify authority of the
director; to require livestock owners or operators required to have county
livestock or conditional use permits to comply with the animal or animal
unit numbers provided by such permits on an individual basis at the
county's request; to provide duties of contract manure haulers and
livestock owners or operators that haul livestock waste from any livestock
facility to the point of application; and to provide for adequate water
rights before a permit will be issued.
                                                                        
02/18    Senate intro - 1st rdg - to printing
02/21    Rpt prt - to Agric Aff
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 27-6-2
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Danielson,
      Darrington, Deide, Dunklin, Frasure, Geddes, Ipsen, Keough,
      King-Barrutia, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy,
      Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS--Cameron, Hawkins, Ingram, Parry, Walton/Branch, Whitworth
      Absent and excused--Crow, Davis
    Floor Sponsor - Sandy
    Title apvd - to House
03/09    House intro - 1st rdg - to Agric Aff

Bill Text


 S1479
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1479
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AUTHORITY AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF AGRICUL-
  3        TURE CONCERNING AGRICULTURAL WASTE; AMENDING SECTION 22-110,  IDAHO  CODE,
  4        TO CLARIFY AUTHORITY OF THE DIRECTOR, TO REQUIRE LIVESTOCK OWNERS OR OPER-
  5        ATORS REQUIRED TO HAVE COUNTY LIVESTOCK OR CONDITIONAL USE PERMITS TO COM-
  6        PLY  WITH THE ANIMAL OR ANIMAL UNIT NUMBERS PROVIDED BY SUCH PERMITS ON AN
  7        INDIVIDUAL BASIS AT THE COUNTY'S REQUEST, TO PROVIDE  DUTIES  OF  CONTRACT
  8        MANURE HAULERS AND LIVESTOCK OWNERS OR OPERATORS THAT HAUL LIVESTOCK WASTE
  9        FROM ANY LIVESTOCK FACILITY TO THE POINT OF APPLICATION AND TO PROVIDE FOR
 10        ADEQUATE  WATER  RIGHTS  BEFORE  A PERMIT WILL BE ISSUED; AND DECLARING AN
 11        EMERGENCY.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 22-110, Idaho Code, be, and the  same  is  hereby
 14    amended to read as follows:
                                                                        
 15        22-110.  AUTHORITY  AND  DUTIES OF DIRECTOR CONCERNING AGRICULTURAL WASTE.
 16    (1) In addition to other powers and duties, the director of the state  depart-
 17    ment of agriculture shall have authority to regulate agricultural solid waste,
 18    agricultural  composting,  livestock  waste such as manure, soil bedding, com-
 19    post, and other similar agricultural activities to safeguard and protect  ani-
 20    mals, man and the environment. The director may promulgate rules in compliance
 21    with chapter 52, title 67, Idaho Code, that may be necessary for the efficient
 22    enforcement  of  the  provisions of this section. The director may collaborate
 23    with any state agency, federal agency or  other  governmental  entity  in  the
 24    development of rules promulgated pursuant to this section.
 25        (2)  The  director may, by rule, establish a schedule of fees for services
 26    performed by the department in the administration of this  section  and  rules
 27    promulgated pursuant thereto. Receipts of these fees shall be deposited in the
 28    agricultural inspection fund pursuant to section 22-104, Idaho Code, and shall
 29    be  used,  subject to annual appropriation of the legislature, to pay the cost
 30    of administering the provisions of this section and rules promulgated pursuant
 31    thereto.
 32        (3)  The director shall require livestock owners or operators required  to
 33    have  county livestock or conditional use permits to comply with the animal or
 34    animal unit numbers provided by such permits on an  individual  basis  at  the
 35    county's request.
 36        (4)  The  director  shall  require  contract  manure haulers and livestock
 37    owners or operators that haul livestock waste from any livestock  facility  to
 38    the  point  of  application to be responsible for preventing undue spillage or
 39    leakage of livestock waste from the boundaries of the  livestock  facility  to
 40    the  boundaries of the application site.  In the event that excessive spillage
 41    or leakage has occurred, the responsible party must  immediately  rectify  the
 42    problem.
 43        (5)  The  director  shall  verify  that a livestock operation possesses an
                                                                        
                                           2
                                                                        
  1    adequate valid water right(s) before issuing a permit to commence operation.
  2        (6)  Any person violating the provisions of this section or rules  promul-
  3    gated  pursuant  thereto  may be assessed a civil penalty by the department or
  4    its duly authorized agent of not more than three thousand dollars ($3,000) for
  5    each offense and shall be liable for reasonable attorney's fees. Assessment of
  6    a civil penalty may be made in conjunction with any other department  adminis-
  7    trative action. No civil penalty may be assessed unless the person charged has
  8    been given notice and opportunity for a hearing pursuant to the Idaho adminis-
  9    trative  procedure act, chapter 52, title 67, Idaho Code. If the department is
 10    unable to collect such civil penalty or if any person fails to pay  all  or  a
 11    set  portion  of  the  civil  penalty  as determined by the department, it may
 12    recover such amount by action in the appropriate district  court.  Any  person
 13    against  whom  the  department has assessed a civil penalty under this section
 14    may, within twenty-eight (28) days of  the  final  agency  action  making  the
 15    assessment, seek judicial review of the assessment in accordance with the pro-
 16    visions  of  chapter 52, title 67, Idaho Code. Moneys collected for violations
 17    of this section or rules promulgated thereunder  shall  be  deposited  in  the
 18    state  treasury  and  credited  to  the agricultural inspection fund. When the
 19    director identifies items of noncompliance with the rules promulgated pursuant
 20    to this section, appropriate corrective actions will be identified. The direc-
 21    tor may develop a formal compliance schedule as appropriate to  correct  defi-
 22    ciencies.  The director may, through the formal compliance schedule, allow all
 23    or part of the value of assessed civil penalties to be applied toward  correc-
 24    tion of deficiencies.
                                                                        
 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 
                      RS10052C3
                           
     The purpose of this proposed legislation is to require livestock owners or
     operators required to have county livestock or conditional use permits to comply
     with the animal or animal unit numbers provided by such permits. To provide
     duties of contract manure haulers and livestock owners or operators that haul
     livestock waste from any livestock facility to the point of application and to
     provide for adequate water rights before a permit will be issued. 
     
     
     
     
                     FISCAL NOTE 
     
     The proposed legislation should not impose any new or increased fiscal impact. 
     
     
     
     Contacts:     Senator John Sandy
     Phone:        (208) 332-1305 
     
     
                                                            STATEMENT OF PURPOSE/FISCAL IMPACT         Bill No.    S 1479