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H0106..................................................by AGRICULTURAL AFFAIRS
EXOTIC ANIMALS - Adds to existing law to provide that Department of
Agriculture and the administrator of the Division of Animal Industries have
the authority to regulate or prohibit the importation or possession of
deleterious exotic animals in Idaho.
01/23 House intro - 1st rdg - to printing
01/24 Rpt prt - to Agric Aff
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 52-17-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Block, Boe, Bolz, Campbell, Cannon, Collins, Cuddy, Deal, Douglas,
Edmunson, Field(18), Field(23), Gagner, Henbest, Jaquet, Jones, Kellogg,
Lake, Langford, Langhorst, Martinez, Meyer, Miller, Mitchell, Naccarato,
Nielsen, Raybould, Ridinger, Ring, Roberts, Robison, Rydalch, Sayler,
Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smylie,
Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- Bradford, Clark, Crow, Denney, Eberle, Ellsworth, Eskridge,
Garrett, Harwood, Kulczyk, McGeachin, McKague, Moyle, Ringo, Sali,
Smith(24), Snodgrass
Absent and excused -- Black
Floor Sponsor - Field(23)
Title apvd - to Senate
02/11 Senate intro - 1st rdg - to Agric Aff
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Gannon
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/17 To Governor
03/20 Governor signed
Session Law Chapter 105
Effective: 03/20/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 106
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IMPORTATION OR POSSESSION OF DELETERIOUS EXOTIC ANIMALS;
3 AMENDING TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 39, TITLE
4 25, IDAHO CODE, TO DECLARE POLICY AND PROVIDE A STATEMENT OF LEGISLATIVE
5 INTENT, TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE AND THE ADMINISTRATOR
6 OF THE DIVISION OF ANIMAL INDUSTRIES TO TAKE CERTAIN ACTION, TO PROVIDE
7 FOR THE PROMULGATION OF RULES, TO PROVIDE FOR THE DESIGNATION OF DELETERI-
8 OUS EXOTIC ANIMALS AND TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR
9 VIOLATIONS; AND DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Title 25, Idaho Code, be, and the same is hereby amended
12 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
13 ter 39, Title 25, Idaho Code, and to read as follows:
14 CHAPTER 39
15 IMPORTATION OR POSSESSION OF DELETERIOUS EXOTIC ANIMALS
16 25-3901. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. The
17 Idaho legislature finds and declares that the agriculture industry, wildlife
18 of the state, and the environment are all important components of Idaho's
19 economy, and that it is in the public interest to strictly regulate the impor-
20 tation or possession of deleterious exotic animals up to and including prohi-
21 bition of the importation or possession of such animals.
22 25-3902. AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DIVISION OF
23 ANIMAL INDUSTRIES. The department of agriculture and the administrator of the
24 division of animal industries are authorized and empowered to regulate or pro-
25 hibit the importation or possession of any deleterious exotic animals.
26 25-3903. RULES FOR IMPORTATION OR POSSESSION OF DELETERIOUS EXOTIC ANI-
27 MALS. The administrator of the division of animal industries is hereby autho-
28 rized and empowered to make, promulgate and enforce necessary administrative
29 rules in compliance with chapter 52, title 67, Idaho Code, for the regulation
30 or prohibition of the importation or possession of deleterious exotic animals.
31 25-3904. DESIGNATION OF DELETERIOUS EXOTIC ANIMALS. The administrator of
32 the division of animal industries shall, in cooperation with the director of
33 the department of fish and game, designate by rule or order any animal, not
34 native to Idaho, which is determined to be dangerous to the environment, live-
35 stock, agriculture, or wildlife of the state as a deleterious exotic animal.
36 25-3905. VIOLATIONS -- CIVIL -- CRIMINAL -- PENALTIES FOR VIOLATIONS. (1)
37 Failure to comply with the provisions of this chapter, or the rules promul-
38 gated hereunder, shall constitute a violation. Civil penalties may be assessed
2
1 against a violator as follows:
2 (a) A civil penalty as assessed by the department of agriculture or its
3 duly authorized agent not to exceed five thousand dollars ($5,000) for
4 each offense;
5 (b) Assessment of a civil penalty may be made in conjunction with any
6 other department administrative action.
7 (2) No civil penalty may be assessed against a person unless the person
8 was given notice and opportunity for a hearing pursuant to the Idaho adminis-
9 trative procedure act, chapter 52, title 67, Idaho Code.
10 (3) If the department is unable to collect an assessed civil penalty, or
11 if a person fails to pay all or a set portion of an assessed civil penalty as
12 determined by the department, the department may file an action to recover the
13 civil penalty in the district court of the county in which the violation is
14 alleged to have occurred. In addition to the assessed penalty, the department
15 shall be entitled to recover reasonable attorney's fees and costs incurred in
16 such action or on appeal from such action.
17 (4) A person against whom the department has assessed a civil penalty
18 under this section may, within thirty (30) days of the final agency action
19 making the assessment, appeal the assessment to the district court of the
20 county in which the violation is alleged to have occurred.
21 (5) Moneys collected pursuant to this section shall be deposited in the
22 state treasury and credited to the livestock disease control and T.B. indem-
23 nity fund.
24 (6) The imposition or computation of monetary penalties shall take into
25 account the seriousness of the violation, good faith efforts to comply with
26 the law, the economic impact of the penalty on the violator and such other
27 matters as justice requires.
28 (7) Nothing in this chapter shall be construed as requiring the director
29 of the department of agriculture to report minor violations when the director
30 believes that the public interest will be best served by suitable warnings or
31 other administrative action.
32 (8) Any person, firm or corporation violating any of the provisions of
33 this chapter, or rules promulgated hereunder by the division of animal indus-
34 tries shall be guilty of a misdemeanor, and upon conviction, shall be subject
35 to a fine of not less than one hundred dollars ($100) nor more than five thou-
36 sand dollars ($5,000) for each offense.
37 SECTION 2. An emergency existing therefor, which emergency is hereby
38 declared to exist, this act shall be in full force and effect on and after its
39 passage and approval.
STATEMENT OF PURPOSE
RS 12329C1
The purpose of this legislation is to regulate, up to and
including the prohibition of, the importation and possession of
deleterious exotic animals. There exotic animals pose an
increasing theat to Idaho's agriculture, wildlife, and
environment.
FISCAL IMPACT
There is no fiscal impact to the General Fund.
Contact
Name: John Chatburn
Phone: 332-8540
STATEMENT OF PURPOSE/FISCAL NOTE H106