2001 Legislation
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HOUSE BILL NO. 76 – Plant quantines, violation, pnlty


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Daily Data Tracking History

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
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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 76
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
  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 who wilfully willfully 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
 19    one ten 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 / Fiscal Impact

                      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.

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