2004 Legislation
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HOUSE BILL NO. 678 – Crop mngmt areas, establishment

HOUSE BILL NO. 678

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Bill Status



H0678...............................................by AGRICULTURAL AFFAIRS
CROP MANAGEMENT AREAS - Amends existing law to provide for petitions for
the establishment of crop management areas in areas where fewer than
twenty-five registered electors reside.
                                                                        
02/13    House intro - 1st rdg - to printing
02/16    Rpt prt - to Agric Aff
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 65-0-5
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin,
      Meyer, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail(Bennett), Wills, Wood
      NAYS -- None
      Absent and excused -- Crow, Kulczyk, McKague, Moyle, Mr. Speaker
    Floor Sponsor - Stevenson
    Title apvd - to Senate
03/03    Senate intro - 1st rdg - to Agric Aff
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Gannon
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 186
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 678
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CROP MANAGEMENT AREAS; AMENDING SECTION 22-2017,  IDAHO  CODE,  TO
  3        PROVIDE  FOR  PETITIONS  FOR THE ESTABLISHMENT OF CROP MANAGEMENT AREAS IN
  4        AREAS WHERE FEWER THAN TWENTY-FIVE REGISTERED ELECTORS RESIDE.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 22-2017, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        22-2017.  CROP  MANAGEMENT AREAS. The legislature recognizes the fact that
  9    in order to produce crops that are free from plant pests, and to control  such
 10    plant pests, it is frequently necessary to apply certain crop management prac-
 11    tices  over  an  area  which may include several farms, orchards, nurseries or
 12    other crop producing entities. Such practices may include, but are not limited
 13    to, use of clean seed, destruction of infested or undesirable plants,  use  of
 14    chemicals and prohibiting introduction of host materials. The legislature fur-
 15    ther  recognizes that it is in the public interest that the director be autho-
 16    rized to designate certain areas as crop management  areas  and  to  stipulate
 17    those practices which shall be followed in the management area insofar as they
 18    affect the particular crop.
 19        (1)  The  director may provide for establishment of a crop management area
 20    after presentation of a petition signed by not less than twenty-five (25) reg-
 21    istered electors residing within the confines of the proposed crop  management
 22    area.  The  petitioners  shall  give  the  petition to the county clerk of the
 23    county or counties who shall examine the signatures and certify the number  of
 24    valid signatures of electors residing within the confines of the proposed crop
 25    management  area  and  transmit the petition to the director. The director may
 26    establish a crop management area within the boundaries specified in the  peti-
 27    tion.
 28        (2)  In  instances  where  there are less than twenty-five (25) registered
 29    electors residing within the confines of the proposed crop management area,  a
 30    majority  of those registered electors must sign the petition in order for the
 31    petition to be considered by the director. The petitioner(s) of  the  proposed
 32    crop  management  area  shall  present the petition to the county clerk of the
 33    county of the proposed crop management area. The county clerk  of  the  county
 34    shall  examine the signatures presented by the petitioner(s) and shall certify
 35    that the number of valid signatures constitutes a majority of electors  resid-
 36    ing within the confines of the proposed crop management area. The county clerk
 37    of  the  county shall then transmit the petition to the director. The director
 38    may establish a crop management area within the boundaries  specified  in  the
 39    petition.
 40        (3)  In  instances  where there are no registered electors residing within
 41    the confines of the proposed crop management area, the  petitioner(s)  of  the
 42    proposed  crop  management area shall present the petition to the county clerk
 43    of the county of the proposed crop management area. The county  clerk  of  the
                                                                        
                                           2
                                                                        
  1    county  shall notify the director in writing certifying that there are no reg-
  2    istered electors residing in the proposed crop  management  area.  The  county
  3    clerk  of  the  county  shall  then transmit the petition to the director. The
  4    director may establish a crop management area within the boundaries  specified
  5    in the petition.
  6        (4)  The  director  may  make and enforce rules to maintain the management
  7    area. Rules may include, but shall not be limited to:
  8        (a)  Specification of the kind and quality of seed  or  other  propagative
  9        material which may be planted in the area;
 10        (b)  Specification  of  treatments,  chemical or otherwise, which shall be
 11        used to control pests or undesirable plants in the area;
 12        (c)  Transportation of vegetative material into,  within  or  out  of  the
 13        area;
 14        (d)  Disposition  of  infested crops, undesirable plants or other material
 15        which may include destruction of the crops, plants or other material;
 16        (e)  Disposition of vegetative material planted in violation of the rules.
 17        (25)  Disposition of infested or violative material in a  crop  management
 18    area shall be at the expense of the owner thereof.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14020

This change is relating to the Idaho Plant Pest Act of 2002;
Amending Section 22-2017, Idaho Code, to allow for the director
to approve the establishment of a crop management area in those
areas where there are less than twenty-five (25) or no (0)
registered electors residing within the confines of the proposed
crop management area.  The current law states that a petition
signed by not less than twenty-five (25) registered electors
residing within the confines of the proposed crop management area
must be presented to the director prior to the approval of a crop
management area.

                          FISCAL IMPACT
None anticipated.


Contact
Name: Representative Stevenson 
Phone: 332-1111




STATEMENT OF PURPOSE/FISCAL NOTE                      H 678