Print Friendly HOUSE BILL NO. 76 – Plant quantines, violation, pnlty
HOUSE BILL NO. 76
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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
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
|||| 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
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 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
STATEMENT OF PURPOSE
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.
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