2002 Legislation
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HOUSE BILL NO. 524 – Domestic cervidae/farm/violtn/pnlty

HOUSE BILL NO. 524

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Daily Data Tracking History



H0524...............................................by AGRICULTURAL AFFAIRS
DOMESTIC CERVIDAE - Amends existing law to revise civil penalties for
violations of certain statutes and rules regarding domestic cervidae.
                                                                        
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Agric Aff
02/15    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 61-1-8
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
      Field(13), Field(20), Gagner, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kunz, Lake, Loertscher, Mader, Martinez, McKague,
      Meyer, Montgomery, Mortensen, Moyle, Pearce, Pomeroy, Raybould,
      Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
      Smith(33), Smylie, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr.
      Speaker
      NAYS -- Hadley
      Absent and excused -- Gould, Hammond, Kellogg, Kendell, Langford,
      Pischner, Smith(23), Stevenson
    Floor Sponsor - Lake
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Agric Aff
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 27-8-0
      AYES -- Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw,
      Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins,
      Hill, Ingram, Ipsen, Keough, King-Barrutia, Lodge, Richardson, Risch,
      Sims, Sorensen, Stegner, Thorne, Wheeler, Williams
      NAYS -- Andreason, Dunklin, Little, Marley, Noh, Sandy, Schroeder,
      Stennett
      Absent and excused -- None
    Floor Sponsor - Sims
    Title apvd - to House
03/13    To enrol
03/14    Rpt enrol - Sp signed - Pres signed
03/14    To Governor
03/19    Governor signed
         Session Law Chapter 103
         Effective: 03/19/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 524
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DOMESTIC CERVIDAE; AMENDING SECTION 25-3706, IDAHO CODE, TO REVISE
  3        CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN  STATUTES  AND  RULES  REGARDING
  4        DOMESTIC CERVIDAE; AND DECLARING AN EMERGENCY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 25-3706, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        25-3706.  VIOLATIONS -- CIVIL -- CRIMINAL -- PENALTIES FOR VIOLATIONS. (1)
  9    Failure to comply with provisions applicable to domestic cervidae as set forth
 10    in chapters 2, 3, 4 and 6 of title 25, Idaho  Code,  the  provisions  of  this
 11    chapter,  or rules promulgated thereunder, shall constitute a violation. Civil
 12    penalties may be assessed against a violator as follows:
 13        (a)  A civil penalty as assessed by the department or its duly  authorized
 14        agent not to exceed five thousand dollars ($5,000) for each offense;
 15        (b)  Each  day  of  a  continuing  violation may be assessed as a separate
 16        offense;
 17        (c)  Assessment of a civil penalty may be made  in  conjunction  with  any
 18        other department administrative action.
 19        (2)  No  civil  penalty may be assessed against a person unless the person
 20    was given notice and opportunity for a hearing pursuant to the Idaho  adminis-
 21    trative procedure act as set forth in chapter 52, title 67, Idaho Code.
 22        (3)  If  the department is unable to collect an assessed civil penalty, or
 23    if a person fails to pay all or a set portion of an assessed civil penalty  as
 24    determined by the department, the department may file an action to recover the
 25    civil  penalty  in  the district court of the county in which the violation is
 26    alleged to have occurred. In addition to the assessed penalty, the  department
 27    shall  be entitled to recover reasonable attorney's fees and costs incurred in
 28    such action or on appeal from such action.
 29        (4)  A person against whom the department has  assessed  a  civil  penalty
 30    under  this  section  may,  within thirty (30) days of the final agency action
 31    making the assessment, appeal the assessment to  the  district  court  of  the
 32    county in which the violation is alleged to have occurred.
 33        (5)  Moneys  collected  pursuant to this section shall be deposited in the
 34    state treasury and credited to the livestock disease control and  T.B.  indem-
 35    nity fund.
 36        (6)  The  imposition  or computation of monetary penalties shall take into
 37    account the seriousness of the violation, good faith efforts  to  comply  with
 38    the  law,  the  economic  impact of the penalty on the violator and such other
 39    matters as justice requires.
 40        (7)  Nothing in this chapter shall be construed as requiring the  director
 41    to report minor violations when the director believes that the public interest
 42    will be best served by suitable warnings or other administrative action.
 43        (8)  Any  person,  firm  or corporation violating any of the provisions of
                                                                        
                                           2
                                                                        
  1    chapters 2, 3, 4 and 6, title 25, Idaho Code, this chapter, or  rules  promul-
  2    gated  thereunder by the division of animal industries, applicable to domestic
  3    cervidae, shall be guilty of a misdemeanor, and upon conviction, shall be sub-
  4    ject to a fine of not less than one hundred dollars ($100) nor more than  five
  5    thousand dollars ($5,000) for each offense.
                                                                        
  6        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
  7    declared to exist, this act shall be in full force and effect on and after its
  8    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                           RS 11726C1

This legislation repeals legislation passed last year that
allowed the department to assess a five thousand dollar ($5000)
penalty for each day of a continuing offense under the domestic
cervidae section of Title 25, Idaho Code.

                          FISCAL IMPACT

None, except in possible fines that the department may assess.

Contact
Name: Representative Lake 
Phone: 332-1190




STATEMENT OF PURPOSE/FISCAL NOTE             H 524