2004 Legislation
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HOUSE BILL NO. 806 – Livestock/poultry/fish, registratn

HOUSE BILL NO. 806

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Bill Status



H0806.....................................................by WAYS AND MEANS
LIVESTOCK/POULTRY/FISH - Amends existing law relating to animal disease
control to authorize the Division of Animal Industries to promulgate rules
for the identification of livestock, poultry or fish and for registration
of premises where livestock, poultry or fish are held; and to provide that
certain data and information collected by the Division of Animal Industries
or the State Brand Board shall be exempt from public disclosure.
                                                                        
03/03    House intro - 1st rdg - to printing
03/04    Rpt prt - to Agric Aff
03/05    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 45-24-1
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block,
      Bolz, Campbell, Collins, Crow, Cuddy, Deal, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Harwood, Jones, Kellogg,
      Langford, Martinez, Meyer, Miller, Mitchell, Naccarato, Nielsen,
      Ridinger, Ring, Ringo, Rydalch, Sayler, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
      Speaker
      NAYS -- Barrett, Bayer, Boe, Bradford, Cannon, Clark, Denney,
      Douglas, Eberle, Gagner, Henbest, Jaquet, Kulczyk, Lake, Langhorst,
      McGeachin, McKague, Moyle, Pasley-Stuart, Raybould, Roberts, Robison,
      Sali, Schaefer
      Absent and excused -- Wood
    Floor Sponsor - Jones
    Title apvd - to Senate
03/10    Senate intro - 1st rdg - to Agric Aff
03/18    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 27-7-1
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Keough, Little, Lodge, McKenzie, McWilliams, Noble, Noh,
      Pearce, Richardson, Sorensen, Stegner, Williams
      NAYS -- Burkett(Maxand), Kennedy, Malepeai, Marley, Schroeder,
      Stennett, Werk
      Absent and excused -- Sweet
    Floor Sponsor - Burtenshaw
    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 205
         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. 806
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ANIMAL DISEASE CONTROL; AMENDING CHAPTER 2, TITLE 25, IDAHO  CODE,
  3        BY  THE  ADDITION  OF  A NEW SECTION 25-207B, IDAHO CODE, TO AUTHORIZE THE
  4        DIVISION OF ANIMAL INDUSTRIES TO PROMULGATE RULES FOR  THE  IDENTIFICATION
  5        OF  LIVESTOCK,  POULTRY OR FISH AND FOR THE REGISTRATION OF PREMISES WHERE
  6        LIVESTOCK, POULTRY OR FISH ARE HELD AND TO PROVIDE THAT CERTAIN  DATA  AND
  7        INFORMATION  COLLECTED  BY  THE DIVISION OF ANIMAL INDUSTRIES OR THE STATE
  8        BRAND BOARD SHALL NOT BE CONSIDERED A PUBLIC RECORD AND  SHALL  BE  EXEMPT
  9        FROM  PUBLIC  DISCLOSURE; AND AMENDING SECTION 9-340D, IDAHO CODE, TO PRO-
 10        VIDE THAT ALL DATA AND INFORMATION COLLECTED BY  THE  DIVISION  OF  ANIMAL
 11        INDUSTRIES  OR THE STATE BRAND BOARD PURSUANT TO CERTAIN PROVISIONS OF LAW
 12        AND RULES SHALL BE EXEMPT FROM PUBLIC DISCLOSURE.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Chapter 2, Title 25, Idaho Code,  be,  and  the  same  is
 15    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 16    ignated as Section 25-207B, Idaho Code, and to read as follows:
                                                                        
 17        25-207B.  IDENTIFICATION OF LIVESTOCK, POULTRY OR FISH -- RULES  FOR  DIS-
 18    EASE  CONTROL.  (1)  In  order to provide for disease control and increase the
 19    traceability of infected or exposed animals or fish, the  division  of  animal
 20    industries,  in  cooperation with the state brand board, is authorized to pro-
 21    mulgate rules for the identification of livestock, poultry  or  fish  and  the
 22    registration of premises where such animals or fish are held.
 23        (2)  All  data  and information collected by the division of animal indus-
 24    tries or the state brand board pursuant to the provisions of this section,  or
 25    rules promulgated hereunder, shall not be considered a public record and shall
 26    be  exempt  from public disclosure requirements as provided in section 9-340D,
 27    Idaho Code.
                                                                        
 28        SECTION 2.  That Section 9-340D, Idaho Code, be, and the  same  is  hereby
 29    amended to read as follows:
                                                                        
 30        9-340D.  RECORDS  EXEMPT  FROM  DISCLOSURE  --  TRADE  SECRETS, PRODUCTION
 31    RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records  are
 32    exempt from disclosure:
 33        (1)  Trade  secrets including those contained in response to public agency
 34    or independent public  body  corporate  and  politic  requests  for  proposal,
 35    requests  for  clarification,  requests  for information and similar requests.
 36    "Trade secrets" as used in this section means information,  including  a  for-
 37    mula,  pattern,  compilation, program, computer program, device, method, tech-
 38    nique, process, or unpublished or in progress research that:
 39        (a)  Derives independent economic value, actual  or  potential,  from  not
 40        being  generally  known  to, and not being readily ascertainable by proper
 41        means by other persons who can obtain economic value from  its  disclosure
                                                                        
                                           2
                                                                        
  1        or use; and
  2        (b)  Is the subject of efforts that are reasonable under the circumstances
  3        to maintain its secrecy.
  4        (2)  Production records, housing production, rental and financing records,
  5    sale or purchase records, catch records, mortgage portfolio loan documents, or
  6    similar    business records of a private concern or enterprise required by law
  7    to be submitted to or inspected by a public agency or submitted to  or  other-
  8    wise  obtained by an independent public body corporate and politic. Nothing in
  9    this subsection shall limit the use which can be made of such information  for
 10    regulatory purposes or its admissibility in any enforcement proceeding.
 11        (3)  Records relating to the appraisal of real property, timber or mineral
 12    rights  prior to its acquisition, sale or lease by a public agency or indepen-
 13    dent public body corporate and politic.
 14        (4)  Any estimate prepared by a public agency or independent  public  body
 15    corporate  and  politic  that  details the cost of a public project until such
 16    time as disclosed or bids are opened, or upon award of the contract  for  con-
 17    struction of the public project.
 18        (5)  Examination,  operating or condition reports and all documents relat-
 19    ing thereto, prepared by or supplied to any public agency or independent  pub-
 20    lic  body  corporate and politic responsible for the regulation or supervision
 21    of financial institutions including, but not limited to,  banks,  savings  and
 22    loan associations, regulated lenders, business and industrial development cor-
 23    porations,  credit  unions,  and insurance companies, or for the regulation or
 24    supervision of the issuance of securities.
 25        (6)  Records gathered by a local agency or the Idaho  department  of  com-
 26    merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
 27    pose  of assisting a person to locate, maintain, invest in, or expand business
 28    operations in the state of Idaho.
 29        (7)  Shipping and marketing records of commodity commissions used to eval-
 30    uate marketing and advertising strategies and the names and addresses of grow-
 31    ers and shippers maintained by commodity commissions.
 32        (8)  Financial statements and business information and  reports  submitted
 33    by  a legal entity to a port district organized under title 70, Idaho Code, in
 34    connection with a business agreement, or with a development proposal or with a
 35    financing application for any industrial,  manufacturing,  or  other  business
 36    activity within a port district.
 37        (9)  Names  and  addresses of seed companies, seed crop growers, seed crop
 38    consignees, locations of seed crop fields, variety name and acreage  by  vari-
 39    ety.  Upon  the request of the owner of the proprietary variety, this informa-
 40    tion shall be released to the owner. Provided however, that if a seed crop has
 41    been identified as diseased or has been  otherwise  identified  by  the  Idaho
 42    department  of  agriculture,  other  state  departments of agriculture, or the
 43    United States department of agriculture to represent a threat to that particu-
 44    lar seed or commercial crop industry or to individual growers, information  as
 45    to  test results, location, acreage involved and disease symptoms of that par-
 46    ticular seed crop, for that growing season,  shall  be  available  for  public
 47    inspection  and  copying. This exemption shall not supersede the provisions of
 48    section 22-436, Idaho Code.
 49        (10) Information obtained from books, records  and  accounts  required  in
 50    chapter  47,  title  22,  Idaho Code, to be maintained by the Idaho canola and
 51    rapeseed commission and pertaining to the individual production records of ca-
 52    nola or rapeseed growers.
 53        (11) Records of any risk retention or self-insurance program  prepared  in
 54    anticipation  of  litigation  or for analysis of or settlement of potential or
 55    actual money damage claims against  a  public  entity  and  its  employees  or
                                                                        
                                           3
                                                                        
  1    against the industrial special indemnity fund except as otherwise discoverable
  2    under  the  Idaho  or  federal  rules  of civil procedure. These records shall
  3    include, but are not limited to, claims  evaluations,  investigatory  records,
  4    computerized  reports  of losses, case reserves, internal documents and corre-
  5    spondence relating thereto. At the time any claim is concluded, only statisti-
  6    cal data and actual amounts paid in settlement    shall  be  deemed  a  public
  7    record unless otherwise ordered to be sealed by a court of competent jurisdic-
  8    tion.  Provided  however,  nothing in this subsection is intended to limit the
  9    attorney client privilege or attorney work product privilege otherwise  avail-
 10    able to any public agency or independent public body corporate and politic.
 11        (12) Records  of  laboratory  test  results provided by or retained by the
 12    Idaho food quality assurance laboratory.  Nothing  in  this  subsection  shall
 13    limit  the use which can be made, or availability of such information if used,
 14    for regulatory purposes or its admissibility in any enforcement proceeding.
 15        (13) Reports required to be filed under chapter 13, title 62, Idaho  Code,
 16    identifying  electrical  or  natural  or manufactured gas consumption data for
 17    an individual customer or account.
 18        (14) Voluntarily prepared environmental audits, and voluntary  disclosures
 19    of  information  submitted on or before December 31, 1997, to an environmental
 20    agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
 21    dential business information.
 22        (15) Computer programs developed or purchased by or for any public  agency
 23    or  independent  public body corporate and politic for its own use. As used in
 24    this subsection, "computer program" means a series of instructions  or  state-
 25    ments  which  permit the functioning of a computer system in a manner designed
 26    to provide storage, retrieval and manipulation of data from the computer  sys-
 27    tem,  and any associated documentation and source material that explain how to
 28    operate the computer program. Computer program does not include:
 29        (a)  The original data including,  but  not  limited  to,  numbers,  text,
 30        voice, graphics and images;
 31        (b)  Analysis,  compilation  and  other  manipulated forms of the original
 32        data produced by use of the program; or
 33        (c)  The mathematical or statistical formulas that would be  used  if  the
 34        manipulated forms of the original data were to be produced manually.
 35        (16) Active  investigative records and trademark usage audits of the Idaho
 36    potato commission specifically relating to  the  enforcement  of  chapter  12,
 37    title 22, Idaho Code, until the commencement of formal proceedings as provided
 38    by  rules  of  the commission; purchase and sales information submitted to the
 39    Idaho potato commission during a trademark usage audit, and  investigation  or
 40    enforcement  proceedings.  Inactive  investigatory  records shall be disclosed
 41    unless the disclosure would violate the standards  set  forth  in  subsections
 42    (1)(a)  through  (f)  of section 9-335, Idaho Code. Nothing in this subsection
 43    shall limit the use which can be made, or availability of such information  if
 44    used, for regulatory purposes or its admissibility in any enforcement proceed-
 45    ing.
 46        (17) All  records  copied or obtained by the director of the department of
 47    agriculture or his designee as a result of an inspection pursuant  to  section
 48    25-3806, Idaho Code, except:
 49        (a)  Records otherwise deemed to be public records not exempt from disclo-
 50        sure pursuant to this chapter; and
 51        (b)  Inspection reports, determinations of compliance or noncompliance and
 52        all other records created by the director or his designee pursuant to sec-
 53        tion 25-3806, Idaho Code.
 54        (18)  All  data and information collected by the division of animal indus-
 55    tries or the state brand board pursuant to the provisions of section  25-207B,
                                                                        
                                           4
                                                                        
  1    Idaho Code, or rules promulgated thereunder.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 14225

The purpose of this legislation is to provide the Idaho State
Department of Agriculture the authority to promulgate rules for the
identification of livestock, poultry or fish and to provide for the
registration of premises where they are held. This is being done in
order to provide for disease control and increased traceability of
infected or exposed animals.



                          FISCAL IMPACT



There is no effect to the General Fund.




Contact
Name:     Speaker Bruce Newcomb
Phone:    332-1111
Name:     Judy Bartlett
          Idaho Farm Bureau
Phone:    333-7080

STATEMENT OF PURPOSE/FISCAL NOTE                            H 806