Print Friendly HOUSE BILL NO. 226 – Smoke, field burning, not trespass
HOUSE BILL NO. 226
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H0226..................................................by AGRICULTURAL AFFAIRS
AGRICULTURAL FIELD BURNING - Amends existing law to provide that certain
trespass provisions do not apply to smoke from agricultural field burning or
odors from agricultural activities.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 226
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO TRESPASS; AMENDING SECTION 6-202A, IDAHO CODE, TO PROVIDE THAT
3 CERTAIN TRESPASS PROVISIONS DO NOT APPLY TO SMOKE FROM AGRICULTURAL FIELD
4 BURNING OR ODORS FROM AGRICULTURAL ACTIVITIES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 6-202A, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 6-202A. DEFINITION OF TERMS. As used in section 6-202, Idaho Code,
9 "enters" and "entry" mean going upon or over real property, either in person
10 or by causing any object, substance or force to go upon or over real property;
11 provided however, that the provisions of section 6-202, Idaho Code, and this
12 section do not apply to smoke from agricultural field burning or odors from
13 agricultural activities.
STATEMENT OF PURPOSE
Amendment to Section 6-202A, trespass. This amendment is to make
it clear that the law of trespass is not intended to extend to
certain agricultural activities. Agricultural field burning is
recognized as an important tool and is managed by state agencies
in populated areas, using common sense practices and rules.
Odors are an accepted part of farming and cannot be eliminated
This legislation should have no fiscal impact.
Name: Dr. Greg Nelson
Dar Olberding 345-0706
STATEMENT OF PURPOSE/FISCAL NOTE H 22