2002 Legislation
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HOUSE BILL NO. 446 – Animals, disease suppressn/inspectn

HOUSE BILL NO. 446

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H0446...............................................by AGRICULTURAL AFFAIRS
ANIMALS - Amends existing law relating to the suppression of diseases in
animals to revise the authority granted to the administrator of the
Division of Animal Industries and veterinarians; to authorize entrance to
any means of conveyance where animals are kept; to require certain law
enforcement personnel to provide assistance to veterinarians, inspectors or
agents; to require that designated types of animals handled by the
Department of Fish and Game be tested for certain diseases; to clarify the
presence of disease that may constitute an emergency; to authorize the
director of the Department of Agriculture to promulgate rules which
regulate disease; to require all persons practicing veterinary medicine in
Idaho to report certain diseases to the Division of Animal Industries; to
provide for reimbursement to owners of any animal ordered slaughtered or
destroyed at the direction of the Division of Animal Industries; and to
provide for reimbursement to owners for property destroyed and for labor
employed in the disposal of animals.
                                                                        
01/17    House intro - 1st rdg - to printing
01/18    Rpt prt - to Agric Aff
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 66-0-4
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Collins,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, 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), Smylie,
      Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Clark, Crow, Gagner, Smith(23)
    Floor Sponsor - Lake
    Title apvd - to Senate
02/19    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 - 33-1-1
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Burtenshaw,
      Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins,
      Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
      Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Williams
      NAYS -- Bunderson
      Absent and excused -- Geddes
    Floor Sponsor - Noh
    Title apvd - to House
03/12    To enrol
03/13    Rpt enrol - Sp signed
    Pres signed
03/14    To Governor
03/19    Governor signed
         Session Law Chapter 87
         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. 446
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE INSPECTION AND SUPPRESSION OF DISEASES  IN  ANIMALS;  AMENDING
  3        SECTION 25-210, IDAHO CODE, TO PROVIDE THAT THE ADMINISTRATOR OF THE DIVI-
  4        SION  OF  ANIMAL  INDUSTRIES  HAS CERTAIN AUTHORITY, TO STRIKE UNNECESSARY
  5        LANGUAGE, TO REVISE AUTHORITY GRANTED TO THE ADMINISTRATOR, TO PROVIDE FOR
  6        THE IMPLEMENTATION OF THE CHAPTER, TO AUTHORIZE VETERINARIANS TO TAKE CER-
  7        TAIN ACTION, TO AUTHORIZE CERTAIN PERSONS TO ENTER ANY MEANS OF CONVEYANCE
  8        WHERE ANIMALS ARE KEPT, TO REQUIRE CERTAIN LAW  ENFORCEMENT  PERSONNEL  TO
  9        PROVIDE  ASSISTANCE TO VETERINARIANS, INSPECTORS OR AGENTS IN CARRYING OUT
 10        THE PURPOSES OF THE CHAPTER, TO REQUIRE THAT DESIGNATED TYPES  OF  ANIMALS
 11        HANDLED  BY THE DEPARTMENT OF FISH AND GAME BE TESTED FOR CERTAIN DISEASES
 12        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 25-212, IDAHO CODE, TO
 13        CLARIFY THE PRESENCE OF DISEASE  THAT  MAY  CONSTITUTE  AN  EMERGENCY,  TO
 14        AUTHORIZE  THE  DIRECTOR  OF  THE  DEPARTMENT OF AGRICULTURE TO PROMULGATE
 15        RULES WHICH REGULATE DISEASE, TO REQUIRE ALL PERSONS PRACTICING VETERINARY
 16        MEDICINE IN IDAHO TO REPORT CERTAIN DISEASES TO  THE  DIVISION  OF  ANIMAL
 17        INDUSTRIES,  TO PROVIDE FOR REIMBURSEMENT TO OWNERS FOR ANY ANIMAL ORDERED
 18        SLAUGHTERED OR DESTROYED BY DIRECTION OF  THE  DIVISION,  TO  PROVIDE  FOR
 19        REIMBURSEMENT  TO  OWNERS FOR PROPERTY DESTROYED AND FOR LABOR EMPLOYED IN
 20        DISPOSAL OF ANIMALS BY ANY MEANS AND TO MAKE A TECHNICAL  CORRECTION;  AND
 21        DECLARING AN EMERGENCY.
                                                                        
 22    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 23        SECTION  1.  That  Section  25-210, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        25-210.  POWERS OF VETERINARIANS AND INSPECTORS. (1) In order  to  prevent
 26    the  introduction or dissemination of disease among the animals of this state,
 27    the administrator of the division shall be authorized and directed to:
 28        (a)  Qquarantine any portion of this state and it  shall  be  unlawful  to
 29        move  animals from or into such quarantined area except in accordance with
 30        the rules and regulations of the division; and
 31        (b)  Prohibit or restrict entry of animals into  the  state  that  may  be
 32        exposed  to, infected with or may otherwise harbor or be contaminated with
 33        any contagious, infectious or communicable disease or agent;
 34        (c)  Prohibit or restrict entry of vehicles, other means of conveyance  or
 35        any other item into the state which may harbor or be contaminated with any
 36        contagious, infectious or communicable disease or agent;
 37        (d)  Prohibit or restrict movement of vehicles, other means of conveyance,
 38        or any other item, that may harbor or be contaminated with any contagious,
 39        infectious  or  communicable disease or agent, out of any quarantined area
 40        or into any quarantined area;
 41        (e)  Authorize and empower state veterinarians, livestock  inspectors  and
 42        the   inspectors   or   agents   of   the   United  States  department  of
 43        agriculture/animal and plant health inspection service/veterinary services
                                                                        
                                           2
                                                                        
  1        under the joint supervision of the state division and chief of the  United
  2        States  department  of  agriculture/animal  and  plant  health  inspection
  3        service/veterinary  services shall be authorized and empowered to inspect,
  4        quarantine, treat, test, vaccinate, and condemn, appraise,  slaughter  and
  5        dispose  of  any  animals affected or infected with any contagious, infec-
  6        tious or communicable disease, or infected with the disease of epithelioma
  7        of the eye, commonly known as "cancer eye," or that have been  exposed  to
  8        any such disease, and;
  9        (f)  Order  the preventive slaughter or destruction of disease susceptible
 10        animals that have not been exposed to create an area  or  areas  that  are
 11        free  of  all susceptible animals in order to stop spread of a highly con-
 12        tagious disease in the state;
 13        (g)  Establish biosecurity procedures and restrict human access to quaran-
 14        tined areas and infected and exposed premises in order to prevent dissemi-
 15        nation of disease;
 16        (h)  Qquarantine, clean and disinfect all premises where such infected  or
 17        exposed animals have been kept, and for this.
 18        (2)  In order to carry out the purpose the said of this chapter, state and
 19    federal  veterinarians,  inspectors,  or agents, state and federal, are hereby
 20    authorized and empowered to enter any field, feed yard, barn, stable, railroad
 21    car, stock yards stockyards, truck, airplane, other means  of  conveyance,  or
 22    other  premises  in  this  state  where  animals are kept. Said veterinarians,
 23    inspectors or agents, state and federal, shall be empowered to call  on  sher-
 24    iffs,  constables  and peace officers to assist them in the discharge of their
 25    duties and in carrying out the provisions of this chapter and of said Acts  of
 26    Congress  approved  May 29, 1884, and the Act of March 3, 1905. Such sheriffs,
 27    constables, and other peace officers shall give  such  assistance  as  may  be
 28    requested by said veterinarians, inspectors or agents in carrying out the pro-
 29    visions  of this chapter and said Acts of Congress. The word animal or animals
 30    used in this section chapter shall include any vertebrate member of the animal
 31    kingdom, except man; and the word disease shall include diseases of these ani-
 32    mals.
 33        (3)  Any deer, elk, moose, bighorn sheep or  bison  handled,  imported  or
 34    transported  by  the department of fish and game shall be tested for the pres-
 35    ence of certain communicable diseases that  can  be  transmitted  to  domestic
 36    livestock. Those communicable diseases to be tested for shall be arrived at by
 37    mutual agreement between the department of fish and game and the department of
 38    agriculture.
                                                                        
 39        SECTION  2.  That  Section  25-212, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        25-212.  REPORTABLE DISEASES WHICH CONSTITUTE AN  EMERGENCY  --  RULES  --
 42    DUTY  OF VETERINARIANS AND OWNERS OF LIVESTOCK AND OTHER ANIMALS -- INDEMNITY.
 43    The director is authorized to declare any disease, parasite  or  agent  which:
 44    (1)  has been identified by the United States department of agriculture/animal
 45    and plant health inspection service/veterinary services (USDA/APHIS/VS)  as  a
 46    "communicable foreign disease not known to exist in the United States"; or (2)
 47    which  is  not  naturally  occurring  in or has been eradicated from Idaho and
 48    which, if introduced into Idaho, would have a devastating impact on the  live-
 49    stock or other animals of the state, a disease which constitutes an emergency.
 50    The  presence  of  such disease in any state in the United States, any country
 51    contiguous to the United States, or any country from which the state of  Idaho
 52    receives  animals or animal products may constitute an emergency. The director
 53    is also authorized to promulgate rules which list and regulate diseases, para-
                                                                        
                                           3
                                                                        
  1    sites and other agents which, if introduced into the state,  would  result  in
  2    devastation  of the livestock or other animals within the state and which dis-
  3    eases therefore constitute an emergency. It is hereby  made the  duty  of  all
  4    persons practicing veterinary medicine in this state to report to the division
  5    immediately,  by  telephone  or facsimile, any and all cases of exposure to or
  6    infection of foot and mouth disease, bovine spongiform encephalopathy, chronic
  7    wasting disease, other transmissible spongiform encephalopathies, brucellosis,
  8    tuberculosis, or any foreign, exotic or emerging disease, or such  other  dis-
  9    ease  or  diseases  as  may be declared to constitute an emergency by state or
 10    national authorities that they may find existing among animals of  the  state.
 11    Every owner of livestock or other animals and every breeder or dealer in live-
 12    stock  or  other animals and everyone bringing livestock or other animals into
 13    this state upon observing the appearance of, or symptoms  of  any  disease  or
 14    diseases,  or  who has knowledge of exposure of the livestock or other animals
 15    to diseases as herein set forth among the livestock or other animals owned  by
 16    him  or  under his care, shall give immediate notice by telephone or facsimile
 17    to the division of the facts discovered by him as aforesaid, and any owner  of
 18    livestock  or  other  animals who shall fail to make report as herein provided
 19    shall forfeit all claims for indemnity for animals condemned  and  slaughtered
 20    or  destroyed  on account of any disease or diseases as herein provided for in
 21    accordance with the provisions made and promulgated by the  division.  In  the
 22    event  the  director determines that animals in the state have been exposed to
 23    or are infected with a disease which constitutes an emergency or in the  event
 24    of  an outbreak of any disease or diseases as herein provided among any of the
 25    animals of this state the state board of examiners is  authorized  and  empow-
 26    ered,  upon the recommendation of the division, to reimburse the owner by cash
 27    payment or to issue or cause to be issued certificates of indebtedness  having
 28    interest  at  such  rate as shall be set by the said state board of examiners,
 29    for the purpose of reimbursing the owner of any affected  or  exposed  animal,
 30    any  animal  ordered slaughtered or destroyed, or animals which have been con-
 31    demned, appraised and slaughtered or destroyed by direction of  the  division,
 32    and for property destroyed and for labor employed in digging trenches, or dis-
 33    posing  of  animals by any other means and for cleaning and disinfecting prem-
 34    ises where such infected or exposed animal or animals  have  been  kept;  pro-
 35    vided,  that  the  state shall only pay the difference between appraised price
 36    less federal indemnity and salvage value for any animals condemned and slaugh-
 37    tered or destroyed under this section and the actual costs for burial or  dis-
 38    posal  of animal carcasses and for cleaning and disinfection of premises where
 39    infected or exposed animals have been kept. In the event federal indemnity  is
 40    unavailable,  the  state shall only pay the difference between appraised price
 41    and salvage value. Appraisals shall be performed by a  team  comprised  of  an
 42    animal  health  representative, the owner and a person with experience in mar-
 43    keting the species of the animal condemned. The director may grant  a  hearing
 44    to  any  person, under such rules as the department may prescribe which are in
 45    compliance with chapter 52, title 67, Idaho Code, when the appraisal price  is
 46    in dispute. An appeal may be taken from the decision of the director under the
 47    provisions of chapter 52, title 67, Idaho Code.
                                                                        
 48        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 49    declared to exist, this act shall be in full force and effect on and after its
 50    passage and approval.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 11454

Amend Title 25, Chapter 2, Idaho Code, to enhance the ability of 
the division of animal industries to prevent the incursion of a 
devastating animal disease into the state, address such a disease 
in the state should one be introduced, clarify circumstances under 
which an animal health emergency may be declared, and identify 
diseases and disease categories which may constitute an emergency.

                         FISCAL IMPACT

There will be no fiscal impact to the general fund, unless there 
is an animal health emergency - such as Foot-and-Mouth Disease or 
Bovine Spongiform Encephalopathy (Mad Cow Disease).  



CONTACT
Name:  Dr. Bob Hillman, Administrator
Agency: Agriculture, Dept. of
Phone: 208-332-8540

Statement of Purpose/Fiscal Impact             H 446