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H0076...............................................by AGRICULTURAL AFFAIRS HORTICULTURE - QUARANTINES - Amends existing law to increase to $10,000 the maximum civil penalty for violations of statutes and rules governing quarantines. 01/19 House intro - 1st rdg - to printing 01/22 Rpt prt - to Agric Aff 02/13 Rpt out - rec d/p - to 2nd rdg 02/14 2nd rdg - to 3rd rdg 02/19 3rd rdg - PASSED - 43-23-4 AYES -- Bedke, Bell, Bieter, Boe, Bolz, Bradford, Chase, Collins, Cuddy, Deal, Ellis, Ellsworth, Field(13), Field(20), Hammond, Harwood, Henbest, Higgins, Jaquet, Jones, Kellogg, Kunz, Lake, Langford, Marley, Meyer, Montgomery, Moss, Moyle, Pearce, Pomeroy, Raybould, Roberts, Robison, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Trail, Young NAYS -- Barraclough, Barrett, Bruneel, Campbell, Clark, Crow, Denney, Eskridge, Gould, Hadley, Hornbeck, Kendell, Loertscher, Mader, McKague, Mortensen, Pischner, Ridinger, Schaefer, Tilman, Wheeler, Wood, Mr. Speaker Absent and excused -- Black, Callister, Gagner, Sali Floor Sponsor -- Marley Title apvd - to Senate 02/20 Senate intro - 1st rdg - to Agric Aff 03/13 Rpt out - rec d/p - to 2nd rdg 03/14 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- None Floor Sponsor -- Davis Title apvd - to House 03/21 To enrol 03/22 Rpt enrol - Sp signed - Pres signed - to Gov 03/23 Governor signed Session Law Chapter 148 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 76 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE DEPARTMENT OF AGRICULTURE; AMENDING SECTION 22-2004, IDAHO 3 CODE, TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS OF STATUTES AND 4 RULES GOVERNING QUARANTINES TO TEN THOUSAND DOLLARS AND TO MAKE A TECHNI- 5 CAL CORRECTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 22-2004, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 22-2004. PENALTIES FOR VIOLATION. (1) Any person who violates any provi- 10 sion of this chapter, or of the rules made thereunder for carrying out the 11 provisions of this chapter, or who fails or refuses to comply with any 12 requirements herein specified, or whowilfullywillfully interferes with the 13 department, its agents or employees, in the execution, or on account of the 14 execution of its or their duties under this chapter, shall be deemed guilty of 15 a misdemeanor. 16 (2) Any person who violates or fails to comply with any of the provisions 17 of this chapter or any rules promulgated under this chapter may be assessed a 18 civil penalty by the department or its duly authorized agent of not more than 19oneten thousand dollars ($10,000) for each offense and shall be liable for 20 reasonable attorney's fees. 21 (a) Assessment of a civil penalty may be made in conjunction with any 22 other department administrative action. 23 (b) No civil penalty may be assessed unless the person charged was given 24 notice and opportunity for a hearing pursuant to the Idaho administrative 25 procedure act. 26 (c) If the department is unable to collect such penalty or if any person 27 fails to pay all or a set portion of the civil penalty as determined by 28 the department, it may recover such amount by action in the appropriate 29 district court. 30 (d) Any person against whom the department has assessed a civil penalty 31 under the provisions of this section may, within thirty (30) days of the 32 final action by the agency making the assessment, appeal the assessment to 33 the district court of the county in which the violation is alleged by the 34 department to have occurred. 35 (e) Moneys collected for violation of a rule shall be remitted to the 36 agricultural department inspection fund. 37 (3) Nothing in this chapter shall be construed as requiring the director 38 to report minor violations for prosecution when he believes that the public 39 interest will be best served by suitable warnings or other administrative 40 action.
STATEMENT OF PURPOSE RS 10512 Amend Section 22-2004(2), Idaho Code, to increase the civil penalty from $1,000 to $10,000 for each offense. The current civil penalty is felt to be too low by the various impacted industries and is not considered a deterrent. FISCAL IMPACT The fiscal impact of this legislation is expected to be less than $15,000 per year at this time. It is difficult to assess how many violations might occur in any given year. CONTACT NAME: Dr. Roger R. Vega, Administrator Mr. Michael E. Cooper, Bureau Chief Agency: Idaho State Department of Agriculture Phone: (208) 332-8620 Statement of Purpose/Fiscal Note H76