View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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 - 2004
IN 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 - 2004
Moved 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 - 2004
IN 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