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HOUSE BILL NO. 217

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Daily Data Tracking History

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H0217...................................by JUDICIARY, RULES AND ADMINISTRATION
NUISANCES - Amends existing law to clarify that acts which are authorized
under Idaho Code shall not be deemed public or private nuisances.
                                                                        
02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to Jud

Bill Text

                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 217
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO NUISANCES; AMENDING SECTION 52-108, IDAHO CODE,  TO  CLARIFY  THAT
  3        ACTS  WHICH  ARE AUTHORIZED UNDER IDAHO CODE SHALL NOT BE DEEMED PUBLIC OR
  4        PRIVATE NUISANCES.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 52-108, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        52-108.  WHEN  NOT  A  NUISANCE. Nothing which is done or maintained under
  9    the express authority of a statute can be deemed a public or private nuisance.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 12839
This amendment is intended to make it clear that activities
conducted under the express authority of statutes cannot be
public or private nuisances.  This was the intent when section
52-108 was originally enacted, and the language was clear. 
However, the lack of these specific words has been used to make
claims against agricultural field burning when those activities
are already authorized and regulated by statute.  This amendment
should avoid any further misinterpretation in the future.
                          FISCAL IMPACT
This legislation should have no fiscal impact to the General
Fund.


Contact
Name: Dr. Greg Nelson 
Phone: 342-2688
Dar Olberding   345-0706



STATEMENT OF PURPOSE/FISCAL NOTE                   H 21