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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
]]]] 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
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