Print Friendly HOUSE BILL NO. 227 – Field burning, not cause of action
HOUSE BILL NO. 227
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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
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. 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
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.
There is no fiscal impact anticipated beyond current cost of
Name: Dr. Greg Nelson, IFBF
Dar Olberding 345-0706
STATEMENT OF PURPOSE/FISCAL NOTE H 227