2002 Legislation
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HOUSE BILL NO. 529 – Livestock trk washing fclty, inspct

HOUSE BILL NO. 529

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H0529aa.............................................by AGRICULTURAL AFFAIRS
LIVESTOCK - Amends existing law to provide for the Director of the
Department of Agriculture's regulation of commercial livestock truck
washing facilities; and to provide that certain authority of the Department
of Environmental Quality is preempted.
                                                                        
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Agric Aff
03/01    Rpt out - to Gen Ord
03/07    Rpt out amen - to engros
03/08    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 61-0-9
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bruneel, Campbell, Collins, Crow, Cuddy, Deal,
      Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
      Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Kellogg(Duncan),
      Kendell, Lake, Langford, Loertscher, Martinez, McKague, Meyer,
      Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
      Ridinger, Roberts, Robison, Schaefer, Sellman, Shepherd, Smith(33),
      Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
      Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bradford, Callister, Clark, Gould, Hammond,
      Jones, Kunz, Mader, Sali
    Floor Sponsor - Bolz
    Title apvd - to Senate
03/11    Senate intro - 1st rdg - to Agric Aff
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 34-1-0
      AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
      Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
      Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
      Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Williams
      NAYS -- Hawkins
      Absent and excused -- None
    Floor Sponsor - Little
    Title apvd - to House
    To enrol - Rpt enrol - Sp signed
03/18    Pres signed - to Governor
03/19    Governor signed
         Session Law Chapter 104
         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. 529
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE;  AMENDING
  3        SECTION  22-103, IDAHO CODE, TO PROVIDE THAT THE DIRECTOR IS HEREBY AUTHO-
  4        RIZED TO LICENSE  AND  INSPECT  ALL  LIVESTOCK  TRUCK  WASHING  FACILITIES
  5        INCLUDING  WASTE  DISPOSAL SYSTEMS AND WASTEWATER DISPOSAL SYSTEMS OF SUCH
  6        TRUCK WASHING FACILITIES; AND DECLARING AN EMERGENCY.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 22-103, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        22-103.  DUTIES OF DIRECTOR. The director of the department of agriculture
 11    shall  execute  the powers and discharge the duties vested by law in him or in
 12    the department, including, but not limited to, the following:
 13        (1)  Pursuant to chapter 53, title 67, Idaho Code, hire, assign duties and
 14    evaluate the performance of all employees of the department.
 15        (2)  Designate employees for special assignment, office or function as the
 16    needs of the department may require.
 17        (3)  Acquire, generate, develop and disseminate information and data  con-
 18    cerning agricultural pursuits, productivity and product quality.
 19        (4)  Encourage  and  promote  in  every practical manner, the interests of
 20    agriculture, horticulture, apiculture, aquaculture, the livestock  industries,
 21    poultry and fowl raising, wool and fur-bearing animals and their allied indus-
 22    tries.
 23        (5)  Assist,  encourage  and  promote  the organization of farmers' insti-
 24    tutes, agricultural, horticultural, management or  cooperative  societies  and
 25    organizations for the benefit of agricultural pursuits in this state.
 26        (6)  Promote  improved methods of production, storage, sales and marketing
 27    of agricultural industries.
 28        (7)  Establish and promulgate standards of construction, use  and  sanita-
 29    tion of open and closed receptacles for farm products, and standards for grade
 30    or other classification of farm products.
 31        (8)  Prescribe  and  promulgate  rules governing marks, brands and labels,
 32    and the registration thereof, for use upon receptacles for farm products.
 33        (9)  Promote, in the interest of the public, economical and efficient  use
 34    of  products and commodities used in the production of agricultural, horticul-
 35    tural, meats and other products and farm commodities and their distribution.
 36        (10) Cooperate with producers, processors and consumers  in  devising  and
 37    maintaining economical and efficient systems of distribution, and to assist in
 38    the reduction of waste and expense incidental to the marketing of agricultural
 39    products.
 40        (11) Gather  and diffuse timely information and statistics concerning sup-
 41    ply, demand, prevailing prices and commercial movement of  agricultural  prod-
 42    ucts.
 43        (12) Maintain  a  market  news  service,  including information concerning
                                                                        
                                           2
                                                                        
  1    crops, freight rates, commission rates and such other information as may be of
  2    service to producers and consumers, and to act as a clearinghouse for informa-
  3    tion between producers and consumers.
  4        (13) Cooperate with the secretary, colleges and  universities,  experiment
  5    stations,  and other agencies which cooperate in devising, research and devel-
  6    opment and utilization of improved agricultural production and  other  activi-
  7    ties.
  8        (14) Investigate  the practices, methods of factors, management techniques
  9    of commission merchants, track buyers and others who  receive,  solicit,  buy,
 10    sell,  handle  on commission or otherwise, or deal in grains, eggs, livestock,
 11    vegetables or other products used as human foods, to the end that distribution
 12    of such commodities through such factors, commission merchants,  track  buyers
 13    and  others  be  efficiently  and  economically accomplished without hardship,
 14    waste or fraud.
 15        (15) Enter and inspect any right-of-way of any irrigation canal,  railway,
 16    public  highway,  field,  orchard,  nursery, fruit or vegetable packing house,
 17    store room, sales room, storage facility, depot or other  place  where  fruits
 18    and  vegetables  are  grown  or  stored  and to inspect fruits, trees, plants,
 19    vines, shrubs or other articles within the state, and if such places or  arti-
 20    cles  are  infested  with  pests, insects or their eggs or larvae, or with any
 21    contagious or transmittable diseases injurious to  plant  life,  to  abate  or
 22    eradicate the same as a nuisance.
 23        (16) Provide  treatment for and prevent the spread of infectious or commu-
 24    nicable diseases among bees, livestock, fur-bearing animals or  domestic  ani-
 25    mals  through  the systematic and periodic inspection, testing or treatment of
 26    such bees and animals at the expense of the owner thereof.
 27        (17) Protect the livestock interests of the state from losses due to  dis-
 28    ease  or  hazards to animal health and communicable to humans through agricul-
 29    tural products. As part of this duty, the director  is  hereby  authorized  to
 30    license  and  inspect  all  livestock truck washing facilities including waste
 31    disposal systems and wastewater disposal systems of such truck washing facili-
 32    ties.
 33        (18) Maintain recording of earmarks, eartags or  other  identifying  marks
 34    not covered under any other provisions of law.
 35        (19) Purchase,  lease,  hold, sell, and dispose of real and personal prop-
 36    erty of the department when, in the judgment of the  director,  such  transac-
 37    tions promote the purposes for which the department is established.
 38        (20) Contract  with  any state agency, federal agency or agency of another
 39    state concerning any matter, program or cooperative effort  within  the  scope
 40    and jurisdiction of its authority pursuant to law.
 41        (21) Assist  in  the  improvement of country life, farm occupations and to
 42    cooperate in effectuating equality of opportunity of those employed  in  agri-
 43    cultural pursuits in the state of Idaho.
 44        (22) Investigate  diseases,  contamination of livestock and poultry, agri-
 45    cultural, horticultural, and farm products, suspected to be infected  or  con-
 46    taminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botan-
 47    ical  or  other  disease-producing  agents,  or carrying a residue of any such
 48    disease-producing agent or chemical in excess of any tolerance established  by
 49    federal  or  state  law or regulation and to examine, conduct tests, and issue
 50    "hold orders" on any livestock, poultry, agricultural, horticultural  or  farm
 51    products  as deemed necessary to effectuate a diagnosis of disease, contamina-
 52    tion or chemical level to safeguard and protect animal and man. And  addition-
 53    ally,  authorize and implement a predator control program on state and private
 54    lands using any kind of toxic material or substance suitable for such purpose.
 55    Any toxic material or substance shall be approved for use by the director.  In
                                                                        
                                           3
                                                                        
  1    order  to carry out the provisions of this subsection (22), the director shall
  2    prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code.
  3        (23) Prescribe by rule an interest charge which may  be  assessed  on  all
  4    accounts  which are thirty (30) days past due from the initial billing date or
  5    the assessment due date. The interest rate charged  shall  not  exceed  twelve
  6    percent (12%) per annum.
  7        (24) To  take  all  steps that are deemed necessary to prevent and control
  8    damage or conflicts on federal, state, or other public or private lands caused
  9    by predatory animals, rodents, or birds, including  threatened  or  endangered
 10    wildlife within the state of Idaho as are established by federal or state law,
 11    federal or state regulation, or county ordinance, that are injurious to animal
 12    husbandry,  agriculture, horticulture, forestry, wildlife and human health and
 13    safety.
 14        (25) To administer oaths, certify to all official acts  and  subpoena  any
 15    person  in  this state as a witness; to compel through subpoena the production
 16    of books, papers, and records; and to take the  testimony  of  any  person  on
 17    deposition in the same manner as prescribed by law in the procedure before the
 18    courts  of  this  state. A subpoena issued by the director shall extend to all
 19    parts of the state and may be served by any person authorized to  do  so.  All
 20    powers  of  the  director  enumerated  in this subsection (25) with respect to
 21    administering oaths, power of subpoena, and other powers in hearings  on  com-
 22    plaints  shall likewise be applicable to hearings held on applications for the
 23    issuance or renewal of licenses.
 24        (26) To appoint, as necessary, committees for the purpose of advising  the
 25    director  on  any and all matters relating to agricultural programs within the
 26    Idaho department of agriculture.
                                                                        
 27        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 28    declared to exist, this act shall be in full force and effect on and after its
 29    passage and approval.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Bolz                
                                                                        
                                                     Seconded by Stevenson           
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 529
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 2 of the printed bill, in line 29, delete "As part of  this  duty,
  3    the  director is hereby authorized to"; delete lines 30 through 32 and insert:
  4    "The director is authorized to regulate, as deemed necessary, commercial live-
  5    stock truck washing facilities. This includes permitting for the treatment  or
  6    disposal,  at  any location, of any wash water generated by the facility. This
  7    subsection preempts Idaho department of environmental quality's  authority  to
  8    issue  land application permits and to do plan and specification reviews under
  9    section 39-118, Idaho Code, for livestock truck wash facilities, but does  not
 10    affect any other authority of the Idaho department of environmental quality.".
                                                                        
 11                                 CORRECTIONS TO TITLE
 12        On  page 1, in line 3, delete "THAT THE DIRECTOR IS HEREBY AUTHO-"; delete
 13    lines 4 and 5; and in line 6, delete "TRUCK WASHING  FACILITIES"  and  insert:
 14    "FOR  THE  DIRECTOR'S REGULATION OF COMMERCIAL LIVESTOCK TRUCK WASHING FACILI-
 15    TIES AND TO PROVIDE THAT CERTAIN AUTHORITY OF THE DEPARTMENT OF  ENVIRONMENTAL
 16    QUALITY IS PREEMPTED BY THE PROVISIONS OF SECTION 22-103(17), IDAHO CODE".

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. 529, As Amended
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE;  AMENDING
  3        SECTION  22-103,  IDAHO  CODE, TO PROVIDE FOR THE DIRECTOR'S REGULATION OF
  4        COMMERCIAL LIVESTOCK TRUCK WASHING FACILITIES AND TO PROVIDE THAT  CERTAIN
  5        AUTHORITY  OF  THE DEPARTMENT OF ENVIRONMENTAL QUALITY IS PREEMPTED BY THE
  6        PROVISIONS OF SECTION 22-103(17), IDAHO CODE; AND DECLARING AN EMERGENCY.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 22-103, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        22-103.  DUTIES OF DIRECTOR. The director of the department of agriculture
 11    shall  execute  the powers and discharge the duties vested by law in him or in
 12    the department, including, but not limited to, the following:
 13        (1)  Pursuant to chapter 53, title 67, Idaho Code, hire, assign duties and
 14    evaluate the performance of all employees of the department.
 15        (2)  Designate employees for special assignment, office or function as the
 16    needs of the department may require.
 17        (3)  Acquire, generate, develop and disseminate information and data  con-
 18    cerning agricultural pursuits, productivity and product quality.
 19        (4)  Encourage  and  promote  in  every practical manner, the interests of
 20    agriculture, horticulture, apiculture, aquaculture, the livestock  industries,
 21    poultry and fowl raising, wool and fur-bearing animals and their allied indus-
 22    tries.
 23        (5)  Assist,  encourage  and  promote  the organization of farmers' insti-
 24    tutes, agricultural, horticultural, management or  cooperative  societies  and
 25    organizations for the benefit of agricultural pursuits in this state.
 26        (6)  Promote  improved methods of production, storage, sales and marketing
 27    of agricultural industries.
 28        (7)  Establish and promulgate standards of construction, use  and  sanita-
 29    tion of open and closed receptacles for farm products, and standards for grade
 30    or other classification of farm products.
 31        (8)  Prescribe  and  promulgate  rules governing marks, brands and labels,
 32    and the registration thereof, for use upon receptacles for farm products.
 33        (9)  Promote, in the interest of the public, economical and efficient  use
 34    of  products and commodities used in the production of agricultural, horticul-
 35    tural, meats and other products and farm commodities and their distribution.
 36        (10) Cooperate with producers, processors and consumers  in  devising  and
 37    maintaining economical and efficient systems of distribution, and to assist in
 38    the reduction of waste and expense incidental to the marketing of agricultural
 39    products.
 40        (11) Gather  and diffuse timely information and statistics concerning sup-
 41    ply, demand, prevailing prices and commercial movement of  agricultural  prod-
 42    ucts.
 43        (12) Maintain  a  market  news  service,  including information concerning
                                                                        
                                           2
                                                                        
  1    crops, freight rates, commission rates and such other information as may be of
  2    service to producers and consumers, and to act as a clearinghouse for informa-
  3    tion between producers and consumers.
  4        (13) Cooperate with the secretary, colleges and  universities,  experiment
  5    stations,  and other agencies which cooperate in devising, research and devel-
  6    opment and utilization of improved agricultural production and  other  activi-
  7    ties.
  8        (14) Investigate  the practices, methods of factors, management techniques
  9    of commission merchants, track buyers and others who  receive,  solicit,  buy,
 10    sell,  handle  on commission or otherwise, or deal in grains, eggs, livestock,
 11    vegetables or other products used as human foods, to the end that distribution
 12    of such commodities through such factors, commission merchants,  track  buyers
 13    and  others  be  efficiently  and  economically accomplished without hardship,
 14    waste or fraud.
 15        (15) Enter and inspect any right-of-way of any irrigation canal,  railway,
 16    public  highway,  field,  orchard,  nursery, fruit or vegetable packing house,
 17    store room, sales room, storage facility, depot or other  place  where  fruits
 18    and  vegetables  are  grown  or  stored  and to inspect fruits, trees, plants,
 19    vines, shrubs or other articles within the state, and if such places or  arti-
 20    cles  are  infested  with  pests, insects or their eggs or larvae, or with any
 21    contagious or transmittable diseases injurious to  plant  life,  to  abate  or
 22    eradicate the same as a nuisance.
 23        (16) Provide  treatment for and prevent the spread of infectious or commu-
 24    nicable diseases among bees, livestock, fur-bearing animals or  domestic  ani-
 25    mals  through  the systematic and periodic inspection, testing or treatment of
 26    such bees and animals at the expense of the owner thereof.
 27        (17) Protect the livestock interests of the state from losses due to  dis-
 28    ease  or  hazards to animal health and communicable to humans through agricul-
 29    tural products. The director is authorized to regulate, as  deemed  necessary,
 30    commercial  livestock  truck  washing facilities. This includes permitting for
 31    the treatment or disposal, at any location, of any wash water generated by the
 32    facility. This subsection preempts Idaho department of environmental quality's
 33    authority to issue land application permits and to do plan  and  specification
 34    reviews under section 39-118, Idaho Code, for livestock truck wash facilities,
 35    but does not affect any other authority of the Idaho department of environmen-
 36    tal quality.
 37        (18) Maintain  recording  of  earmarks, eartags or other identifying marks
 38    not covered under any other provisions of law.
 39        (19) Purchase, lease, hold, sell, and dispose of real and  personal  prop-
 40    erty  of  the  department when, in the judgment of the director, such transac-
 41    tions promote the purposes for which the department is established.
 42        (20) Contract with any state agency, federal agency or agency  of  another
 43    state  concerning  any  matter, program or cooperative effort within the scope
 44    and jurisdiction of its authority pursuant to law.
 45        (21) Assist in the improvement of country life, farm  occupations  and  to
 46    cooperate  in  effectuating equality of opportunity of those employed in agri-
 47    cultural pursuits in the state of Idaho.
 48        (22) Investigate diseases, contamination of livestock and  poultry,  agri-
 49    cultural,  horticultural,  and farm products, suspected to be infected or con-
 50    taminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botan-
 51    ical or other disease-producing agents, or carrying  a  residue  of  any  such
 52    disease-producing  agent or chemical in excess of any tolerance established by
 53    federal or state law or regulation and to examine, conduct  tests,  and  issue
 54    "hold  orders"  on any livestock, poultry, agricultural, horticultural or farm
 55    products as deemed necessary to effectuate a diagnosis of disease,  contamina-
                                                                        
                                           3
                                                                        
  1    tion  or chemical level to safeguard and protect animal and man. And addition-
  2    ally, authorize and implement a predator control program on state and  private
  3    lands using any kind of toxic material or substance suitable for such purpose.
  4    Any  toxic material or substance shall be approved for use by the director. In
  5    order to carry out the provisions of this subsection (22), the director  shall
  6    prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code.
  7        (23) Prescribe  by  rule  an  interest charge which may be assessed on all
  8    accounts which are thirty (30) days past due from the initial billing date  or
  9    the  assessment  due  date.  The interest rate charged shall not exceed twelve
 10    percent (12%) per annum.
 11        (24) To take all steps that are deemed necessary to  prevent  and  control
 12    damage or conflicts on federal, state, or other public or private lands caused
 13    by  predatory  animals,  rodents, or birds, including threatened or endangered
 14    wildlife within the state of Idaho as are established by federal or state law,
 15    federal or state regulation, or county ordinance, that are injurious to animal
 16    husbandry, agriculture, horticulture, forestry, wildlife and human health  and
 17    safety.
 18        (25) To  administer  oaths,  certify to all official acts and subpoena any
 19    person in this state as a witness; to compel through subpoena  the  production
 20    of  books,  papers,  and  records;  and to take the testimony of any person on
 21    deposition in the same manner as prescribed by law in the procedure before the
 22    courts of this state. A subpoena issued by the director shall  extend  to  all
 23    parts  of  the  state and may be served by any person authorized to do so. All
 24    powers of the director enumerated in this  subsection  (25)  with  respect  to
 25    administering  oaths,  power of subpoena, and other powers in hearings on com-
 26    plaints shall likewise be applicable to hearings held on applications for  the
 27    issuance or renewal of licenses.
 28        (26) To  appoint, as necessary, committees for the purpose of advising the
 29    director on any and all matters relating to agricultural programs  within  the
 30    Idaho department of agriculture.
                                                                        
 31        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 32    declared to exist, this act shall be in full force and effect on and after its
 33    passage and approval.

Statement of Purpose / Fiscal Impact


	                STATEMENT OF PURPOSE
                             RS 11548C1

The purpose of this legislation is to place the licensing and 
inspection of all livestock truck washing facilities under the 
State Department of Agriculture. This legislation will provide 
that the State Department of Agriculture be placed in charge of 
all facets of disease control of animals which will include the 
cleaning and disinfecting of trucks to haul livestock. Truck 
washing facilities that do not wash livestock trailers or those 
that are used for general washing and cleaning of truck tractors 
and semi-trailers shall remain under the purview of the Department 
of Environmental Quality.

                           FISCAL IMPACT

There is no fiscal impact to the general fund.



Contact
Name:	Greg Nelson, Idaho Farm Bureau Federation
Phone:	342-2688
Representative Bolz



STATEMENT OF PURPOSE/FISCAL NOTE		H 529