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HOUSE BILL NO. 227

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Daily Data Tracking History

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H0227..................................................by AGRICULTURAL AFFAIRS
AGRICULTURAL FIELD BURNING - Adds to existing law to provide that no private
cause of action is created against persons engaging in agricultural field
burning or crop residue disposal under certain conditions; and to provide that
enforcement through the appropriate agency shall be the exclusive remedy for
certain violations.
                                                                        
02/11    House intro - 1st rdg - to printing
02/12    Rpt prt - to Agric Aff

Bill Text

                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 227
                                                                        
                             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 THAT NO PRIVATE CAUSE OF ACTION IS CREATED  AGAINST  PER-
  5        SONS ENGAGING IN AGRICULTURAL FIELD BURNING OR CROP RESIDUE DISPOSAL UNDER
  6        CERTAIN CONDITIONS AND TO PROVIDE THAT ENFORCEMENT THROUGH THE APPROPRIATE
  7        AGENCY SHALL BE THE EXCLUSIVE REMEDY FOR CERTAIN VIOLATIONS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Chapter  48,  Title 22, Idaho Code, be, and the same is
 10    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 11    ignated as Section 22-4805, Idaho Code, and to read as follows:
                                                                        
 12        22-4805.  NO PRIVATE CAUSE OF ACTION. (1) Nothing in this chapter shall be
 13    construed  to  create a private cause of action against any person who engages
 14    in agricultural field burning or crop residue disposal provided  such  activi-
 15    ties are conducted on fields that have been registered in accordance with sec-
 16    tions 22-4803 and 22-4804, Idaho Code.
 17        (2)  The exclusive remedy for a violation of any term or condition of reg-
 18    istration shall be enforcement through the appropriate agency.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 12841
Amendment to Section 22-4805. This amendment is intended to
eliminate private lawsuits for injunctions or damages against
farmers who engage in crop residue burning in accordance with
accepted and common sense practices and rules.  The amendment
strikes a balance between the farmers who rely on burning as a
tool for control of pests, diseases and crop growth, and the
impact of smoke.  Private lawsuits against farmers who comply
with these common sense practices and rules can hinder
implementation of this policy and balance.  The Idaho Departments
of Agriculture and Environment can, and will, continue to
regulate these important agricultural activities.
                          FISCAL IMPACT
There is no fiscal impact anticipated beyond current cost of
regulation.


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



STATEMENT OF PURPOSE/FISCAL NOTE                      H 227