2002 Legislation
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HOUSE BILL NO. 523 – Brucellosis, vaccines

HOUSE BILL NO. 523

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H0523aa,aa..........................................by AGRICULTURAL AFFAIRS
BRUCELLOSIS - VACCINES - Amends existing law to require brucellosis
vaccinations to be administered by veterinarians or by state or federal
regulatory personnel; to require the director of the Department of
Agriculture to designate certain vaccination requirements; to provide for
official vaccinations for brucellosis for female cattle; to provide for
female cattle that have not been vaccinated; and to provide for penalties
for failing to comply with vaccination requirements.
                                                                        
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Agric Aff
02/19    Rpt out - to Gen Ord
02/20    Rpt out amen - to engros
02/21    Rpt engros - 1st rdg - to 2nd rdg as amen
02/22    2nd rdg - to 3rd rdg as amen
02/26    3rd rdg - to Gen Ord
02/28    Rpt out amen - to engros
03/01    Rpt engros - 1st rdg - to 2nd rdg as amen
03/04    2nd rdg - to 3rd rdg as amen
03/05    3rd rdg as amen - PASSED - 69-0-1
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake,
      Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery,
      Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger,
      Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33),
      Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
      Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Callister
    Floor Sponsor - Lake
    Title apvd - to Senate
03/06    Senate intro - 1st rdg - to Agric Aff
03/08    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Burtenshaw
    Title apvd - to House
03/15    To enrol - rpt enrol - Sp signed
    Pres signed
03/15    To Governor
03/19    Governor signed
         Session Law Chapter 102
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 523
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BRUCELLOSIS; AMENDING SECTION 25-613, IDAHO CODE, TO REQUIRE  BRU-
  3        CELLOSIS  VACCINATIONS  BE  ADMINISTERED  BY  VETERINARIANS  LICENSED  AND
  4        ACCREDITED  IN  THE  STATE OR BY STATE OR FEDERAL REGULATORY PERSONNEL, TO
  5        STRIKE REFERENCE TO CERTAIN DIRECT  SUPERVISION  OF  VACCINATIONS  AND  TO
  6        REQUIRE THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE TO DESIGNATE CERTAIN
  7        VACCINATION REQUIREMENTS BY RULE; AMENDING SECTION 25-613A, IDAHO CODE, TO
  8        STRIKE  REFERENCE  TO  CALFHOOD  VACCINATIONS,  TO  PROVIDE  FOR  OFFICIAL
  9        VACCINATIONS  FOR  BRUCELLOSIS FOR FEMALE CATTLE IN THE STATE OF IDAHO, TO
 10        REFERENCE AN EXCEPTION, TO REVISE A DEFINITION, TO PROVIDE FOR FEMALE CAT-
 11        TLE THAT HAVE NOT BEEN OFFICIALLY  VACCINATED,  TO  PROVIDE  THAT  PERSONS
 12        FAILING  TO  COMPLY WITH REQUIREMENTS SHALL BE SUBJECT TO CERTAIN CRIMINAL
 13        VIOLATIONS AND PENALTIES, TO STRIKE REFERENCE TO REGISTERED QUARANTINE, TO
 14        PROVIDE THAT ANIMALS NOT IN COMPLIANCE WITH DESIGNATED LAW MAY  BE  PLACED
 15        IN  FEEDLOTS  APPROVED BY THE DIRECTOR AND TO MAKE  TECHNICAL CORRECTIONS;
 16        AND AMENDING SECTION 25-616, IDAHO CODE, TO EXTEND THE APPLICATION OF PEN-
 17        ALTY PROVISIONS, TO PROVIDE CERTAIN VIOLATIONS ARE MISDEMEANORS, TO REVISE
 18        PENALTY PROVISIONS, TO PROVIDE FOR CIVIL PENALTIES, TO PROVIDE FOR DEPOSIT
 19        OF MONEYS COLLECTED FOR VIOLATIONS,  TO  PROVIDE  FOR  CERTAIN  CORRECTIVE
 20        ACTION,  TO PROVIDE THAT A PERSON SHALL BE CHARGED WITH A SEPARATE OFFENSE
 21        FOR EACH ANIMAL FOUND NOT TO BE IN COMPLIANCE  AND  TO  PROVIDE  THAT  THE
 22        DIRECTOR  MAY EXERCISE DISCRETION IN DETERMINING WHETHER TO REPORT CERTAIN
 23        MINOR VIOLATIONS.
                                                                        
 24    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 25        SECTION 1.  That Section 25-613, Idaho Code, be, and the  same  is  hereby
 26    amended to read as follows:
                                                                        
 27        25-613.  VACCINATION  METHOD  OF  CONTROL. (1) The owner of any cattle who
 28    desires to have has such cattle vaccinated for protection against  brucellosis
 29    shall  have  such  cattle  vaccinated  by  a  veterinarian who is licensed and
 30    accredited in the state of Idaho. Except in the case of vaccination  of  adult
 31    cattle  which vaccination shall be performed only under the direct supervision
 32    of or vaccinated by state or federal regulatory personnel.
 33        (2)  The director shall designate in rules the vaccine to be utilized, the
 34    vaccinal dose to be administered, age range of cattle that may be  vaccinated,
 35    the  method  for identification of vaccinated cattle and the form and contents
 36    of reports to be made of cattle vaccinated.
 37        (3)  No person, firm, or corporation shall sell, give away, or in any man-
 38    ner place in the hands of any owner or caretaker  of  cattle  any  brucellosis
 39    vaccine,  and only licensed and accredited veterinarians, and state or federal
 40    regulatory personnel, may inject brucellosis vaccine into any cattle.
                                                                        
 41        SECTION 2.  That Section 25-613A, Idaho Code, be, and the same  is  hereby
 42    amended to read as follows:
                                                                        
                                           2
                                                                        
  1        25-613A.  CALFHOOD  OFFICIAL  VACCINATION  AGAINST BRUCELLOSIS REQUIRED --
  2    PENALTY. (1) All female cattle born after July 1, 1983, in the state of  Idaho
  3    shall  be  officially  calfhood  vaccinated for protection against brucellosis
  4    except as provided in subsection (2) of  this  section.  "Officially  calfhood
  5    vaccinated"  shall mean a bovine female animal vaccinated against Bbrucellosis
  6    in accordance with section 25-613, Idaho Code, under the supervision of a fed-
  7    eral  or  state  veterinary  official  with  age  limits  prescribed  by   the
  8    department,  in compliance with United States department of agriculture recom-
  9    mended uniform methods and rules, with a vaccine approved by  the  department,
 10    and  permanently  identified  as  such a vaccinate and reported at the time of
 11    vaccination to the department or appropriate federal agency cooperating in the
 12    eradication of Bbrucellosis.
 13        (2)  Female cattle which have not been officially vaccinated shall not  be
 14    utilized  for  breeding or dairy purposes. Such cattle may be shipped directly
 15    to slaughter, placed in recognized feedlots within the state to be finish  fed
 16    for slaughter or may be shipped out of the state of Idaho to a state that will
 17    accept  them  as  nonvaccinated cattle. The department may require that female
 18    cattle which have not been officially vaccinated  be  uniquely  identified  as
 19    nonvaccinates  and  may  specify in rules identification requirements, methods
 20    for identification, requirements for feedlot facilities, entry of cattle  into
 21    the  feedlot,  removal  of cattle from the feedlot, and recordkeeping require-
 22    ments for feedlots which desire to finish feed nonvaccinated female cattle.
 23        (3)  Female cattle which have not been officially vaccinated may enter the
 24    state of Idaho from a state that does not  require  vaccination.  Such  cattle
 25    shall only be destined for feedlots approved by the director or to other loca-
 26    tions  at  the discretion and under the oversight of the director. Such cattle
 27    that are to be utilized for breeding or dairy purposes must be vaccinated upon
 28    arrival at a feedlot or other facility approved by the  director  pursuant  to
 29    the rules of the department.
 30        (4)  However,  tThe director of the department or his designee may grant a
 31    hearing to any persons, under such rules as the department may prescribe which
 32    are in compliance with chapter 52, title 67, Idaho  Code,  as  to  whether  an
 33    exception  should  be made to the provisions of this section. An appeal may be
 34    taken from the decision of the director or his designee under  the  provisions
 35    of chapter 52, title 67, Idaho Code.
 36        (5)  Any  person  who shall possess or own in this state or acquire within
 37    this state any cattle contrary to the provisions  of  this  section  shall  be
 38    guilty  of a misdemeanor and shall be punished according subject to the provi-
 39    sions of section 25-616, Idaho Code. The department also may order  that  when
 40    animals  are  found  not to be in compliance with the provisions of chapter 2,
 41    title 25, Idaho Code, and chapter 6,  title  25,  Idaho  Code,  that  they  be
 42    slaughtered,  removed from the state, or placed in an Idaho registered quaran-
 43    tine feed lot a feedlot approved by the director.
                                                                        
 44        SECTION 3.  That Section 25-616, Idaho Code, be, and the  same  is  hereby
 45    amended to read as follows:
                                                                        
 46        25-616.  PENALTY  FOR  VIOLATIONS.  OF SECTIONS 25-608 -- 25-615. (1)  Any
 47    person, firm, or corporation who shall fail to do or perform, or who shall not
 48    permit another to do or perform, any act which he or it is required to  do  or
 49    perform under sections 25-608 through 25-615, Idaho Code, inclusive, or any of
 50    them the provisions of this chapter, or who shall in any manner interfere with
 51    the  compliance  of said sections or any of them or any provisions thereof the
 52    provisions of this chapter by any officer or representative of the department,
 53    veterinary services or commissioners,  or  who  shall  refuse  to  present  or
                                                                        
                                           3
                                                                        
  1    restrain  any cattle or other animals for the purpose of identifying, testing,
  2    inspecting, examining, vaccinating, or branding under this act pursuant to the
  3    provisions of this chapter, or who shall remove any eartag from any  brucello-
  4    sis reactor, or who shall remove the eartag from any animal tested, identified
  5    or  vaccinated  for brucellosis and place such tag on or in the ear of another
  6    animal, or place a vaccination tag in  the  ear  of  an  unvaccinated  animal,
  7    shall,  upon  conviction  thereof,  be fined  is guilty of a misdemeanor. Upon
  8    conviction, violators are subject to a fine of not less than one hundred  dol-
  9    lars  ($100)  nor  more than five thousand dollars ($5,000) for each offense,.
 10    For the purposes of this section, a person shall be charged  with  a  separate
 11    offense  for  each animal he owns or possesses and which is found not to be in
 12    compliance with the provisions of sections 25-608 through 25-615, Idaho  Code,
 13    or  any  of  them  or  by  imprisonment in the county jail for a period not to
 14    exceed six (6) months.
 15        (2)  Any person violating the provisions of this chapter or rules  promul-
 16    gated  under this chapter may be assessed a civil penalty by the department or
 17    its agent of not less than one hundred dollars ($100) nor more than five thou-
 18    sand dollars ($5,000) for each offense. Persons against whom  civil  penalties
 19    are assessed are liable for reasonable attorney's fees. Civil penalties may be
 20    assessed in conjunction with any other department administrative action. Civil
 21    penalties  may not be assessed unless the person charged has been given notice
 22    and an opportunity for a hearing pursuant to the  provisions  of  chapter  52,
 23    title 67, Idaho Code. If the department is unable to collect an assessed civil
 24    penalty  or if any person fails to pay all or a set portion of a civil penalty
 25    as determined by the department, the department may  recover  such  amount  by
 26    action  in the appropriate district court. Any person against whom the depart-
 27    ment has assessed a civil penalty under this chapter may, within  twenty-eight
 28    (28)  days  of  the  final  agency action making the assessment, seek judicial
 29    review of the assessment in accordance with  the  provisions  of  chapter  52,
 30    title 67, Idaho Code. Moneys collected for violations of this chapter or rules
 31    promulgated  under  this  chapter shall be deposited in the state treasury and
 32    credited to the livestock disease control and  T.B.  indemnity  fund.  If  the
 33    director  determines  that  a person has not complied with this chapter or the
 34    rules promulgated under this chapter, the director shall identify  appropriate
 35    corrective  actions.  The director may develop a formal compliance schedule to
 36    correct deficiencies caused by noncompliance. The director may, through a for-
 37    mal compliance schedule, allow all or part of the value of the assessed  civil
 38    penalties to apply toward correction of the deficiencies.
 39        (3)  For  the  purposes  of this section, a person shall be charged with a
 40    separate offense for each animal he owns or possesses and which is  found  not
 41    to  be  in compliance with the provisions of this chapter or rules promulgated
 42    under this chapter.
 43        (4)  Nothing in this section requires the director to report minor  viola-
 44    tions  for  prosecution when he believes that the public interest will be best
 45    served by suitable warnings or other administrative action.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Lake                
                                                                        
                                                     Seconded by Pearce              
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                        HOUSE AMENDMENT TO H.B. NO. 523, As Amended
                                                                        
  1                                AMENDMENT TO SECTION 2
  2        On page 2 of the engrossed  bill,  in  line  28,  following  "department."
  3    insert:  "Female  cattle,  imported pursuant to the provisions of this subsec-
  4    tion, which are eighteen (18) months of age or older (as evidenced by the loss
  5    of the first pair of temporary incisors) shall be tested negative for  brucel-
  6    losis to an official brucellosis test prior to being vaccinated.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                         HOUSE BILL NO. 523, As Amended, As Amended
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BRUCELLOSIS; AMENDING SECTION 25-613, IDAHO CODE, TO REQUIRE  BRU-
  3        CELLOSIS  VACCINATIONS  BE  ADMINISTERED  BY  VETERINARIANS  LICENSED  AND
  4        ACCREDITED  IN  THE  STATE OR BY STATE OR FEDERAL REGULATORY PERSONNEL, TO
  5        STRIKE REFERENCE TO CERTAIN DIRECT  SUPERVISION  OF  VACCINATIONS  AND  TO
  6        REQUIRE THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE TO DESIGNATE CERTAIN
  7        VACCINATION REQUIREMENTS BY RULE; AMENDING SECTION 25-613A, IDAHO CODE, TO
  8        STRIKE  REFERENCE  TO  CALFHOOD  VACCINATIONS,  TO  PROVIDE  FOR  OFFICIAL
  9        VACCINATIONS  FOR  BRUCELLOSIS FOR FEMALE CATTLE IN THE STATE OF IDAHO, TO
 10        REFERENCE AN EXCEPTION, TO REVISE A DEFINITION, TO PROVIDE FOR FEMALE CAT-
 11        TLE THAT HAVE NOT BEEN OFFICIALLY  VACCINATED,  TO  PROVIDE  THAT  PERSONS
 12        FAILING  TO  COMPLY WITH REQUIREMENTS SHALL BE SUBJECT TO CERTAIN CRIMINAL
 13        VIOLATIONS AND PENALTIES, TO STRIKE REFERENCE TO REGISTERED QUARANTINE, TO
 14        PROVIDE THAT ANIMALS NOT IN COMPLIANCE WITH DESIGNATED LAW MAY  BE  PLACED
 15        IN  FEEDLOTS  APPROVED BY THE DIRECTOR AND TO MAKE  TECHNICAL CORRECTIONS;
 16        AND AMENDING SECTION 25-616, IDAHO CODE, TO EXTEND THE APPLICATION OF PEN-
 17        ALTY PROVISIONS, TO PROVIDE CERTAIN VIOLATIONS ARE MISDEMEANORS, TO REVISE
 18        PENALTY PROVISIONS, TO PROVIDE FOR CIVIL PENALTIES, TO PROVIDE FOR DEPOSIT
 19        OF MONEYS COLLECTED FOR VIOLATIONS,  TO  PROVIDE  FOR  CERTAIN  CORRECTIVE
 20        ACTION  AND TO PROVIDE THAT THE DIRECTOR MAY EXERCISE DISCRETION IN DETER-
 21        MINING WHETHER TO REPORT CERTAIN MINOR VIOLATIONS.
                                                                        
 22    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 23        SECTION 1.  That Section 25-613, Idaho Code, be, and the  same  is  hereby
 24    amended to read as follows:
                                                                        
 25        25-613.  VACCINATION  METHOD  OF  CONTROL. (1) The owner of any cattle who
 26    desires to have has such cattle vaccinated for protection against  brucellosis
 27    shall  have  such  cattle  vaccinated  by  a  veterinarian who is licensed and
 28    accredited in the state of Idaho. Except in the case of vaccination  of  adult
 29    cattle  which vaccination shall be performed only under the direct supervision
 30    of or vaccinated by state or federal regulatory personnel.
 31        (2)  The director shall designate in rules the vaccine to be utilized, the
 32    vaccinal dose to be administered, age range of cattle that may be  vaccinated,
 33    the  method  for identification of vaccinated cattle and the form and contents
 34    of reports to be made of cattle vaccinated.
 35        (3)  No person, firm, or corporation shall sell, give away, or in any man-
 36    ner place in the hands of any owner or caretaker  of  cattle  any  brucellosis
 37    vaccine,  and only licensed and accredited veterinarians, and state or federal
 38    regulatory personnel, may inject brucellosis vaccine into any cattle.
                                                                        
 39        SECTION 2.  That Section 25-613A, Idaho Code, be, and the same  is  hereby
 40    amended to read as follows:
                                                                        
 41        25-613A.  CALFHOOD  OFFICIAL  VACCINATION  AGAINST BRUCELLOSIS REQUIRED --
                                                                        
                                           2
                                                                        
  1    PENALTY. (1) All female cattle born after July 1, 1983, in the state of  Idaho
  2    shall  be  officially  calfhood  vaccinated for protection against brucellosis
  3    except as provided in subsection (2) of  this  section.  "Officially  calfhood
  4    vaccinated"  shall mean a bovine female animal vaccinated against Bbrucellosis
  5    in accordance with section 25-613, Idaho Code, under the supervision of a fed-
  6    eral  or  state  veterinary  official  with  age  limits  prescribed  by   the
  7    department,  in compliance with United States department of agriculture recom-
  8    mended uniform methods and rules, with a vaccine approved by  the  department,
  9    and  permanently  identified  as  such a vaccinate and reported at the time of
 10    vaccination to the department or appropriate federal agency cooperating in the
 11    eradication of Bbrucellosis.
 12        (2)  Female cattle which have not been officially vaccinated shall not  be
 13    utilized  for  breeding or dairy purposes. Such cattle may be shipped directly
 14    to slaughter, placed in recognized feedlots within the state to be finish  fed
 15    for slaughter or may be shipped out of the state of Idaho to a state that will
 16    accept  them  as  nonvaccinated cattle. The department may require that female
 17    cattle which have not been officially vaccinated  be  uniquely  identified  as
 18    nonvaccinates  and  may  specify in rules identification requirements, methods
 19    for identification, requirements for feedlot facilities, entry of cattle  into
 20    the  feedlot,  removal  of cattle from the feedlot, and recordkeeping require-
 21    ments for feedlots which desire to finish feed nonvaccinated female cattle.
 22        (3)  Female cattle which have not been officially vaccinated may enter the
 23    state of Idaho from a state that does not  require  vaccination.  Such  cattle
 24    shall only be destined for feedlots approved by the director or to other loca-
 25    tions  at  the discretion and under the oversight of the director. Such cattle
 26    that are to be utilized for breeding or dairy purposes must be vaccinated upon
 27    arrival at a feedlot or other facility approved by the  director  pursuant  to
 28    the  rules  of  the department. Female cattle, imported pursuant to the provi-
 29    sions of this subsection, which are eighteen (18) months of age or  older  (as
 30    evidenced by the loss of the first pair of temporary incisors) shall be tested
 31    negative for brucellosis to an official brucellosis test prior to being vacci-
 32    nated.
 33        (4)  However,  tThe director of the department or his designee may grant a
 34    hearing to any persons, under such rules as the department may prescribe which
 35    are in compliance with chapter 52, title 67, Idaho  Code,  as  to  whether  an
 36    exception  should  be made to the provisions of this section. An appeal may be
 37    taken from the decision of the director or his designee under  the  provisions
 38    of chapter 52, title 67, Idaho Code.
 39        (5)  Any  person  who shall possess or own in this state or acquire within
 40    this state any cattle contrary to the provisions  of  this  section  shall  be
 41    guilty  of a misdemeanor and shall be punished according subject to the provi-
 42    sions of section 25-616, Idaho Code. The department also may order  that  when
 43    animals  are  found  not to be in compliance with the provisions of chapter 2,
 44    title 25, Idaho Code, and chapter 6,  title  25,  Idaho  Code,  that  they  be
 45    slaughtered,  removed from the state, or placed in an Idaho registered quaran-
 46    tine feed lot a feedlot approved by the director.
                                                                        
 47        SECTION 3.  That Section 25-616, Idaho Code, be, and the  same  is  hereby
 48    amended to read as follows:
                                                                        
 49        25-616.  PENALTY  FOR  VIOLATIONS.  OF SECTIONS 25-608 -- 25-615. (1)  Any
 50    person, firm, or corporation who shall fail to do or perform, or who shall not
 51    permit another to do or perform, any act which he or it is required to  do  or
 52    perform under sections 25-608 through 25-615, Idaho Code, inclusive, or any of
 53    them the provisions of this chapter, or who shall in any manner interfere with
                                                                        
                                           3
                                                                        
  1    the  compliance  of said sections or any of them or any provisions thereof the
  2    provisions of this chapter by any officer or representative of the department,
  3    veterinary services or commissioners,  or  who  shall  refuse  to  present  or
  4    restrain  any cattle or other animals for the purpose of identifying, testing,
  5    inspecting, examining, vaccinating, or branding under this act pursuant to the
  6    provisions of this chapter, or who shall remove any eartag from any  brucello-
  7    sis reactor, or who shall remove the eartag from any animal tested, identified
  8    or  vaccinated  for brucellosis and place such tag on or in the ear of another
  9    animal, or place a vaccination tag in  the  ear  of  an  unvaccinated  animal,
 10    shall,  upon  conviction  thereof,  be fined  is guilty of a misdemeanor. Upon
 11    conviction, violators are subject to a fine of not less than one hundred  dol-
 12    lars  ($100)  nor  more than five thousand dollars ($5,000) for each offense,.
 13    For the purposes of this section, a person shall be charged  with  a  separate
 14    offense  for  each animal he owns or possesses and which is found not to be in
 15    compliance with the provisions of sections 25-608 through 25-615, Idaho  Code,
 16    or  any  of  them  or  by  imprisonment in the county jail for a period not to
 17    exceed six (6) months.
 18        (2)  Any person violating the provisions of this chapter or rules  promul-
 19    gated  under this chapter may be assessed a civil penalty by the department or
 20    its agent of not less than one hundred dollars ($100) nor more than five thou-
 21    sand dollars ($5,000) for each offense. Persons against whom  civil  penalties
 22    are assessed are liable for reasonable attorney's fees. Civil penalties may be
 23    assessed in conjunction with any other department administrative action. Civil
 24    penalties  may not be assessed unless the person charged has been given notice
 25    and an opportunity for a hearing pursuant to the  provisions  of  chapter  52,
 26    title 67, Idaho Code. If the department is unable to collect an assessed civil
 27    penalty  or if any person fails to pay all or a set portion of a civil penalty
 28    as determined by the department, the department may  recover  such  amount  by
 29    action  in the appropriate district court. Any person against whom the depart-
 30    ment has assessed a civil penalty under this chapter may, within  twenty-eight
 31    (28)  days  of  the  final  agency action making the assessment, seek judicial
 32    review of the assessment in accordance with  the  provisions  of  chapter  52,
 33    title 67, Idaho Code. Moneys collected for violations of this chapter or rules
 34    promulgated  under  this  chapter shall be deposited in the state treasury and
 35    credited to the livestock disease control and  T.B.  indemnity  fund.  If  the
 36    director  determines  that  a person has not complied with this chapter or the
 37    rules promulgated under this chapter, the director shall identify  appropriate
 38    corrective  actions.  The director may develop a formal compliance schedule to
 39    correct deficiencies caused by noncompliance. The director may, through a for-
 40    mal compliance schedule, allow all or part of the value of the assessed  civil
 41    penalties to apply toward correction of the deficiencies.
 42        (3)  Nothing  in this section requires the director to report minor viola-
 43    tions for prosecution when he believes that the public interest will  be  best
 44    served by suitable warnings or other administrative action.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE      
                             RS 11730
                                
The purpose of this proposed legislation is to maintain, as well
as modernize, the law governing mandatory calfhood vaccination of
female cattle against brucellosis.  The proposed legislation
would require the director to designate in rules the vaccine to
be utilized, the dose to administered, the age range of cattle
that may be vaccinated, the method for identification of
vaccinated cattle, the form and contents of reports to be made of
cattle vaccinated and provisions for strict enforcement of this
legislation.  

Female cattle that are not vaccinated shall not be utilized for
breeding or dairy purposes. Such cattle shall only be fed out in
an approved feedlot.  Female cattle that enter Idaho and are not
vaccinated may only be fed out in approved feedlots and shall be
utilized for slaughter only. Female cattle that enter Idaho for
breeding or dairy purposes would be allowed and required to have
an adult vaccination.

The proposed legislation, sets for civil penalties for any person
violating the provisions of this chapter which are not less than
$100 nor more than $5,000 for each offense.



                         FISCAL IMPACT

No fiscal impact to the General Fund.



Contact:   Representative Doug Jones; 332-1137
           Sara Braasch, Idaho Cattle Association; 343-1615



STATEMENT OF PURPOSE/FISCAL NOTE                   H 523