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S1232aa..............................................by JUDICIARY AND RULES AQUACULTURE OPERATION - Adds to existing law to prohibit damage to aquaculture operations; and to set forth penalties. 01/27 Senate intro - 1st rdg - to printing 01/28 Rpt prt - to Jud 02/10 Rpt out - to 14th Ord 02/19 Rpt out amen - to engros 02/20 Rpt engros - 1st rdg - to 2nd rdg as amen 02/23 2nd rdg - to 3rd rdg as amen 02/27 3rd rdg as amen- PASSED - 33-0-2 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk NAYS -- None Absent and excused -- Hill, Williams Floor Sponsors - Noh & Gannon Title apvd - to House 03/01 House intro - 1st rdg - to Agric Aff 03/15 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 03/17 3rd rdg - PASSED - 66-1-3 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Kulczyk Absent and excused -- Gagner, Lake, Roberts Floor Sponsor - Jones Title apvd - to Senate 03/18 To enrol 03/19 Rpt enrol - Pres signed - Sp signed 03/22 To Governor 03/23 Governor signed Session Law Chapter 143 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1232 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO AQUACULTURE OPERATIONS; AMENDING CHAPTER 70, TITLE 18, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 18-7041, IDAHO CODE, TO PROHIBIT DAMAGE 4 TO AQUACULTURE OPERATIONS, TO SET FORTH PENALTIES, TO PROVIDE FOR COURT- 5 ORDERED RESTITUTION AND TO PERMIT CIVIL REMEDIES. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 70, Title 18, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 18-7041, Idaho Code, and to read as follows: 10 18-7041. DAMAGE TO AQUACULTURE OPERATIONS. (1) It is unlawful for any 11 person to transfer, damage, vandalize, poison, or attempt to transfer, damage, 12 vandalize or poison the product or facilities of a posted commercial aquacul- 13 ture operation in Idaho, or to release or knowingly allow another person to 14 release any poisonous or dangerous substance that comes in contact with any 15 species in production in an aquaculture operation and causes damage to either 16 the species in production or the aquaculture facility itself. 17 (2) Any person or persons violating any provision of this section shall 18 be guilty of a felony and upon conviction thereof shall be punished by a term 19 of imprisonment of not more than twenty (20) years or by a fine not in excess 20 of ten thousand dollars ($10,000), or by both such fine and imprisonment. 21 (3) Nothing in this section shall be construed to limit the court's power 22 to order restitution equal to the extent of the damage suffered by the aqua- 23 culture operation. 24 (4) Nothing in this section shall be construed to limit an aquaculture 25 operation from proceeding in a civil action to seek any lawful civil remedy.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004Moved by Noh Seconded by Gannon IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1232 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 11, following "person to" insert: 3 "knowingly", and also in line 11, following "poison, or" insert: "knowingly"; 4 and in line 13 delete "to release" and insert: "to knowingly release". Moved by Burkett Seconded by Kennedy IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1232 5 AMENDMENT TO SECTION 1 6 On page 1 of the printed bill, in line 17, following "section" insert: 7 "when the value of the damage to either the species in production or the aqua- 8 culture facility itself is one thousand dollars ($1,000) or less shall be 9 guilty of a misdemeanor. Any person or persons violating any provisions of 10 this section when the value of the damage to either the species in production 11 or the aquaculture facility itself is in excess of one thousand dollars 12 ($1,000)".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1232, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO AQUACULTURE OPERATIONS; AMENDING CHAPTER 70, TITLE 18, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 18-7041, IDAHO CODE, TO PROHIBIT DAMAGE 4 TO AQUACULTURE OPERATIONS, TO SET FORTH PENALTIES, TO PROVIDE FOR COURT- 5 ORDERED RESTITUTION AND TO PERMIT CIVIL REMEDIES. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 70, Title 18, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 18-7041, Idaho Code, and to read as follows: 10 18-7041. DAMAGE TO AQUACULTURE OPERATIONS. (1) It is unlawful for any 11 person to knowingly transfer, damage, vandalize, poison, or knowingly attempt 12 to transfer, damage, vandalize or poison the product or facilities of a posted 13 commercial aquaculture operation in Idaho, or to knowingly release or know- 14 ingly allow another person to release any poisonous or dangerous substance 15 that comes in contact with any species in production in an aquaculture opera- 16 tion and causes damage to either the species in production or the aquaculture 17 facility itself. 18 (2) Any person or persons violating any provision of this section when 19 the value of the damage to either the species in production or the aquaculture 20 facility itself is one thousand dollars ($1,000) or less shall be guilty of a 21 misdemeanor. Any person or persons violating any provisions of this section 22 when the value of the damage to either the species in production or the aqua- 23 culture facility itself is in excess of one thousand dollars ($1,000) shall be 24 guilty of a felony and upon conviction thereof shall be punished by a term of 25 imprisonment of not more than twenty (20) years or by a fine not in excess of 26 ten thousand dollars ($10,000), or by both such fine and imprisonment. 27 (3) Nothing in this section shall be construed to limit the court's power 28 to order restitution equal to the extent of the damage suffered by the aqua- 29 culture operation. 30 (4) Nothing in this section shall be construed to limit an aquaculture 31 operation from proceeding in a civil action to seek any lawful civil remedy.
STATEMENT OF PURPOSE RS 13524C1 It is the purpose of this legislation to amend Chapter 70, Title 18, Idaho Code by adding a new section designated as Section 18- 7041, Idaho Code. This new section to Idaho Code will specify unlawful actions to aquaculture operations and provide punishment for performing these actions. FISCAL IMPACT There will be no direct cost to the general fund for enacting this legislation. Contact Name: Senator Laird Noh Phone: 332-1333 STATEMENT OF PURPOSE/FISCAL NOTE S 1232