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S1143...............................................by AGRICULTURAL AFFAIRS
CERVIDAE - Amends existing law relating to domestic cervidae to provide for
civil violations of certain statutes and rules regarding diseases and
domestic cervidae; to provide civil penalties; and to provide for certain
criminal offenses.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Res/Env
02/20 Rpt out - to Agric Aff
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Goedde, Hawkins, Ingram, Ipsen, Keough, Lee, Lodge, Noh, Richardson,
Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne,
Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Davis, King-Barrutia
Floor Sponsor -- Goedde
Title apvd - to House
02/27 House intro - 1st rdg - to Res/Con
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 63-1-6
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Chase, Collins, Crow, Cuddy, Deal,
Denney, Ellsworth, Eskridge, Field(20), Gagner, Gould, Hadley,
Hammond, Harwood, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell,
Kunz, Lake, Langford, Loertscher, Marley, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wood, Young, Mr.
Speaker
NAYS -- Mader
Absent and excused -- Campbell, Clark, Ellis, Field(13), Henbest,
Wheeler
Floor Sponsor -- Field(20)
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Pres signed
03/21 Sp signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 128
Effective: 03/23/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1143
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC CERVIDAE; AMENDING SECTION 25-3506, IDAHO CODE, AS ADDED
3 BY SECTION 1, CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SECTION, TO
4 PROVIDE FOR CIVIL VIOLATIONS OF CERTAIN STATUTES AND RULES REGARDING
5 DOMESTIC CERVIDAE, TO PROVIDE FOR CIVIL PENALTIES, TO PROVIDE FOR CERTAIN
6 CRIMINAL OFFENSES AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING AN
7 EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 25-3506, Idaho Code, as added by Section 1, Chap-
10 ter 73, Laws of 1994, be, and the same is hereby amended to read as follows:
11 25-35706. PENALTY VIOLATIONS -- CIVIL -- CRIMINAL -- PENALTIES FOR VIOLA-
12 TIONS. (1) Failure to comply with provisions applicable to domestic cervidae
13 as set forth in chapters 2, 3, 4 and 6 of title 25, Idaho Code, the provisions
14 of this chapter, or rules promulgated thereunder, shall constitute a viola-
15 tion. Civil penalties may be assessed against a violator as follows:
16 (a) A civil penalty as assessed by the department or its duly authorized
17 agent not to exceed five thousand dollars ($5,000) for each offense;
18 (b) Each day of a continuing violation may be assessed as a separate
19 offense;
20 (c) Assessment of a civil penalty may be made in conjunction with any
21 other department administrative action.
22 (2) No civil penalty may be assessed against a person unless the person
23 was given notice and opportunity for a hearing pursuant to the Idaho adminis-
24 trative procedure act as set forth in chapter 52, title 67, Idaho Code.
25 (3) If the department is unable to collect an assessed civil penalty, or
26 if a person fails to pay all or a set portion of an assessed civil penalty as
27 determined by the department, the department may file an action to recover the
28 civil penalty in the district court of the county in which the violation is
29 alleged to have occurred. In addition to the assessed penalty, the department
30 shall be entitled to recover reasonable attorney's fees and costs incurred in
31 such action or on appeal from such action.
32 (4) A person against whom the department has assessed a civil penalty
33 under this section may, within thirty (30) days of the final agency action
34 making the assessment, appeal the assessment to the district court of the
35 county in which the violation is alleged to have occurred.
36 (5) Moneys collected pursuant to this section shall be deposited in the
37 state treasury and credited to the livestock disease control and T.B. indem-
38 nity fund.
39 (6) The imposition or computation of monetary penalties shall take into
40 account the seriousness of the violation, good faith efforts to comply with
41 the law, the economic impact of the penalty on the violator and such other
42 matters as justice requires.
43 (7) Nothing in this chapter shall be construed as requiring the director
2
1 to report minor violations when the director believes that the public interest
2 will be best served by suitable warnings or other administrative action.
3 (8) Any person, firm or corporation violating any of the provisions of
4 chapters 2, 3, 4 and 6, title 25, Idaho Code, this chapter, or rules promul-
5 gated thereunder by the division of animal industries, applicable to domestic
6 cervidae, or of the rules promulgated by the division of animal industries for
7 the enforcement thereof shall be guilty of a misdemeanor, and upon conviction,
8 shall be subject to a fine of not less than one hundred dollars ($100) nor
9 more than five thousand dollars ($5,000) for each offense.
10 SECTION 2. An emergency existing therefor, which emergency is hereby
11 declared to exist, this act shall be in full force and effect on and after its
12 passage and approval.
STATEMENT OF PURPOSE
RS 10986
The purpose of this proposed legislation is to provide for
civil penalties in the enforcement of animal health laws as
they pertain to the domestic cervidae (fallow deer, elk,
reindeer) industry.
FISCAL IMPACT
None.
Contact:
Senator John Goedde
Phone: 332-1355
STATEMENT OF PURPOSE/ FISCAL NOTE S 1143
Dr. Bob Hiliman, Administrator
Division of Animal Industries
Idaho Department of
Agriculture
Clint Evans, President Idaho
Elk
Breeders
Association
332-
8540
462-
3468