2003 Legislation
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SENATE BILL NO. 1089 – Cruelty to animals, penalty

SENATE BILL NO. 1089

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



S1089..................................................by AGRICULTURAL AFFAIRS
CRUELTY TO ANIMALS - Amends existing law to provide a civil penalty for
cruelty to animals.
                                                                        
02/07    Senate intro - 1st rdg - to printing
02/10    Rpt prt - to Agric Aff
03/03    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/06    3rd rdg - FAILED - 12-23-0
      AYES -- Andreason, Burkett, Calabretta, Gannon, Kennedy, Malepeai,
      Marley, Noh, Schroeder, Stegner, Stennett, Werk
      NAYS -- Bailey, Brandt, Bunderson, Burtenshaw, Cameron, Compton,
      Darrington, Davis, Geddes, Goedde, Hill, Ingram, Keough, Little, Lodge,
      McKenzie, McWilliams, Noble(Anderson), Pearce, Richardson, Sorensen,
      Sweet, Williams
      Absent and excused -- None
    Floor Sponsor - Stennett
    Filed w/Secretary of the Senate

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1089
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CRUELTY TO ANIMALS; AMENDING SECTION 25-3520A, IDAHO CODE, TO PRO-
  3        VIDE FOR PENALTIES, TO STRIKE UNNECESSARY VERBIAGE AND TO PROVIDE A  CIVIL
  4        PENALTY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That Section 25-3520A, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        25-3520A.  PENALTY PENALTIES FOR VIOLATIONS. (1)  Except  as  provided  in
  9    section 25-3503, Idaho Code,:
 10        (a)  Aany  person convicted for a first violation of any of the provisions
 11        of this chapter shall be punished, for each offense, by a jail sentence of
 12        not more than six (6) months or by a fine of not  less  than  one  hundred
 13        dollars  ($100)  or  more  than five thousand dollars ($5,000), or by both
 14        such fine and imprisonment.
 15        (2b)  Except as provided in section 25-3503, Idaho Code, aAny person  con-
 16        victed  of  a  second  violation  of any of the provisions of this chapter
 17        within ten (10) years of the first conviction, shall be punished for  each
 18        offense,  by a jail sentence of not more than nine (9) months or a fine of
 19        not less than two hundred dollars ($200) or more than seven thousand  dol-
 20        lars ($7,000) or both fine and imprisonment.
 21        (3c)  Except  as provided in section 25-3503, Idaho Code, aAny person con-
 22        victed of a third or subsequent violation, within fifteen  (15)  years  of
 23        the  first  conviction,  shall be punished for each offense by a jail sen-
 24        tence of not more than twelve (12) months or a fine of not less than  five
 25        hundred  dollars  ($500) or more than nine thousand dollars ($9,000) or by
 26        both fine and imprisonment.
 27        (2)  Any person who violates or fails to comply with any of the provisions
 28    of this chapter or any rules promulgated hereunder may  be  assessed  a  civil
 29    penalty  by  the  department of agriculture, division of animal industries, or
 30    its duly authorized agent of not more than five thousand dollars ($5,000)  for
 31    each  offense and shall be liable for reasonable attorney's fees. Civil penal-
 32    ties may be assessed in conjunction with any other  department  administrative
 33    action. Civil penalties may not be assessed unless the person charged has been
 34    given  notice  and opportunity for a hearing pursuant to the Idaho administra-
 35    tive procedure act. If the department is unable to collect an  assessed  civil
 36    penalty  or if any person fails to pay all or a set portion of a civil penalty
 37    as determined by the department, the department may  recover  such  amount  by
 38    action  in the appropriate district court. Any person against whom the depart-
 39    ment has assessed a civil penalty under this section may, within  thirty  (30)
 40    days  of  the  final  action  by  the agency making the assessment, appeal the
 41    assessment to the district court of the  county  in  which  the  violation  is
 42    alleged by the department to have occurred. All civil penalties collected pur-
 43    suant  to  this section shall be remitted to the livestock disease control and
                                                                        
                                           2
                                                                        
  1    the T.B. indemnity fund.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12809

     This measure amends the Animal Cruelty Code to provide the
Department of Agriculture the opportunity to assess civil
penalties not to exceed $5000.00 for each offense.
     County prosecutors are not always willing to take on the
cost of pursuing animal cruelty cases.  This gives the Department
another tool to ensure compliance with this Act.
                          FISCAL IMPACT
Would be positive to the TB Indemnity Fund.


Contact
Name: Sen. Stennett 
Phone: 332-1351




STATEMENT OF PURPOSE/FISCAL NOTE                    S 1089