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HOUSE BILL NO. 226

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Daily Data Tracking History

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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

Bill Text

                                                                        
                                                                        
  ||||              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 / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 12840
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
                          FISCAL IMPACT
This legislation should have no fiscal impact.


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



STATEMENT OF PURPOSE/FISCAL NOTE                        H 22