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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
|||| 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
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