Print Friendly HOUSE BILL NO. 445 – Smoke mngmt/crop residue, violatns
HOUSE BILL NO. 445
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H0445...............................................by AGRICULTURAL AFFAIRS
SMOKE MANAGEMENT - Adds to existing law to provide penalties for violations
of the law relating to smoke management and crop residue disposal.
01/17 House intro - 1st rdg - to printing
01/18 Rpt prt - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 445
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO SMOKE MANAGEMENT AND CROP RESIDUE DISPOSAL; AMENDING CHAPTER 48,
3 TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-4805, IDAHO
4 CODE, TO PROVIDE PENALTIES FOR VIOLATIONS OF THE CHAPTER.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Chapter 48, Title 22, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 22-4805, Idaho Code, and to read as follows:
9 22-4805. PENALTIES FOR VIOLATIONS. (1) Any person who violates any provi-
10 sion of this chapter, or of the rules promulgated thereunder for carrying out
11 the provisions of this chapter, or who fails or refuses to comply with any
12 requirements herein specified, or who interferes with the department, its
13 agents or employees, in the execution, or on account of the execution of its
14 or their duties under this chapter or rules promulgated thereunder, shall be
15 guilty of a misdemeanor and upon conviction thereof, shall be fined not more
16 than three thousand dollars ($3,000) or be imprisoned in a county jail for not
17 more than twelve (12) months or be subject to both such fine and imprisonment.
18 (2) Any person who violates or fails to comply with any of the provisions
19 of this chapter or any rules promulgated thereunder may be assessed a civil
20 penalty by the department or its duly authorized agent of not more than ten
21 thousand dollars ($10,000) for each offense and shall be liable for reasonable
22 attorney's fees.
23 (a) Assessment of a civil penalty may be made in conjunction with any
24 other department administrative action.
25 (b) No civil penalty may be assessed unless the person charged was given
26 notice and opportunity for a hearing pursuant to the Idaho administrative
27 procedure act.
28 (c) If the department is unable to collect such penalty or if any person
29 fails to pay all or a set portion of the civil penalty as determined by
30 the department, the department may recover such amount by action in the
31 appropriate district court.
32 (d) Any person against whom the department has assessed a civil penalty
33 under the provisions of this section may, within thirty (30) days of the
34 final action by the agency making the assessment, appeal the assessment to
35 the district court of the county in which the violation is alleged by the
36 department to have occurred.
37 (e) All civil penalties collected pursuant to this section shall be
38 remitted to the agricultural department inspection fund.
39 (3) Nothing in this chapter shall be construed as requiring the director
40 to report minor violations for prosecution when he believes that the public
41 interest will be best served by suitable warnings or other administrative
STATEMENT OF PURPOSE
Amend Chapter 48, Title 22, Idaho Code, The “Smoke Management and
Crop Residue Disposal Law” to add a new section for penalties for
violation of any provisions of Chapter 48 or any rules promulgated
under this chapter. Currently, there is no penalty provision in this
law. The proposed amendment will address penalties.
During 2001 there were approximately fifteen growers who violated
the provisions of IDAPA 02.06.16. Civil penalties of five hundred
dollars per offense could provide an estimated seven thousand -five
hundred dollars ($7,500) annually in dedicated funds.
Name: R. Vega or C. Thornburg
Agency: Agriculture, Dept. of
Phone: (208) 332-8620
Statement of Purpose/Fiscal Impact H 445