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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN 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.PENALTYPENALTIES 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 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