2002 Legislation
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HOUSE BILL NO. 445 – Smoke mngmt/crop residue, violatns

HOUSE BILL NO. 445

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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
 42    action.

Statement of Purpose / Fiscal Impact


                	STATEMENT OF PURPOSE

                              RS 11462



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.

                            FISCAL IMPACT


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.



CONTACT
Name:    R. Vega or C. Thornburg
Agency:  Agriculture, Dept. of
Phone:   (208) 332-8620

Statement of Purpose/Fiscal Impact         H 445