View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0034...............................................by AGRICULTURAL AFFAIRS
AGRICULTURE DEPARTMENT - Adds to existing law relating to the powers and
duties of the Department of Agriculture to authorize the imposition of
civil penalties for certain violations; to govern appeals; to authorize
adoption of a formal compliance schedule; and to provide for deposit of the
moneys collected.
01/25 House intro - 1st rdg - to printing
01/26 Rpt prt - to Agric Aff
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 49-20-1
AYES -- Anderson, Andrus, Bastian, Bedke, Bell, Bilbao, Black, Block,
Boe, Bolz, Cannon, Chadderdon, Collins, Deal, Denney, Edmunson,
Eskridge, Field(18), Field(23), Garrett, Henbest, Henderson, Jaquet,
Jones, Kemp, Lake, LeFavour, Martinez, Miller, Mitchell, Nielsen,
Nonini, Pasley-Stuart, Pence, Ring, Ringo, Rusche, Sayler, Schaefer,
Shepherd(2), Shirley, Skippen, Smith(30), Smith(24),
Smylie(Telleria), Snodgrass, Stevenson, Trail, Wills
NAYS -- Barraclough, Barrett, Bayer, Bradford, Clark, Crow,
Ellsworth, Hart, Harwood, Loertscher, Mathews, McGeachin, McKague,
Moyle, Raybould, Roberts, Rydalch, Sali, Shepherd(8), Wood
Absent and excused -- Mr. Speaker
Floor Sponsor - Stevenson
Title apvd - to Senate
02/21 Senate intro - 1st rdg - to Agric Aff
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk
NAYS -- None
Absent and excused -- Williams
Floor Sponsor - Corder
Title apvd - to House
03/08 To enrol
03/09 Rpt enrol - Sp signed
03/10 Pres signed
03/11 To Governor
03/15 Governor signed
Session Law Chapter 44
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 34
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE; AMENDING CHAP-
3 TER 2, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-238,
4 IDAHO CODE, TO AUTHORIZE THE IMPOSITION OF CIVIL PENALTIES FOR VIOLATIONS
5 SPECIFIED, TO GOVERN APPEALS, TO AUTHORIZE ADOPTION OF A FORMAL COMPLIANCE
6 SCHEDULE AND TO PROVIDE DEPOSIT OF MONEYS COLLECTED.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 2, Title 25, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 25-238, Idaho Code, and to read as follows:
11 25-238. CIVIL PENALTIES. (1) Any person, firm or corporation violating
12 the provisions of this chapter or rules promulgated under this chapter may be
13 assessed a civil penalty by the department or its agent of not more than five
14 thousand dollars ($5,000) for each offense. Persons, firms or corporations
15 against whom civil penalties are assessed are liable for reasonable attorney's
16 fees. Civil penalties may be assessed in conjunction with any other department
17 administrative action. Civil penalties may not be assessed unless the person,
18 firm or corporation charged has been given notice and an opportunity for a
19 hearing pursuant to the provisions of chapter 52, title 67, Idaho Code. If the
20 department is unable to collect an assessed civil penalty or if any person,
21 firm or corporation fails to pay all or a set portion of a civil penalty as
22 determined by the department, the department may recover such amount by action
23 in the appropriate district court. Any person, firm or corporation against
24 whom the department has assessed a civil penalty under this chapter may,
25 within twenty-eight (28) days of the final agency action making the assess-
26 ment, seek judicial review of the assessment in accordance with the provisions
27 of chapter 52, title 67, Idaho Code. Moneys collected for violations of this
28 chapter, or rules promulgated under this chapter, shall be deposited in the
29 state treasury and credited to the livestock disease control and T.B. indem-
30 nity fund. If the director determines that a person, firm or corporation has
31 not complied with this chapter, or the rules promulgated under this chapter,
32 the director shall identify appropriate corrective actions. The director may
33 develop a formal compliance schedule to correct deficiencies caused by noncom-
34 pliance. The director may, through a formal compliance schedule, allow all or
35 part of the value of the assessed civil penalties to apply toward correction
36 of the deficiencies.
37 (2) Nothing in this section requires the director to report minor viola-
38 tions for prosecution when he believes that the public interest will be best
39 served by suitable warnings or other administrative action.
STATEMENT OF PURPOSE
RS 14446
This legislation provides for civil penalty authority for
violations of the animal disease control laws and rules. The
department already has this authority for violations of the
Brucellosis law and rules. This bill will allow the department to
address disease control violations, other than Brucellosis, in a
more timely and expeditious manner.
FISCAL IMPACT
There is no fiscal impact to the general fund and there may be a
positive fiscal impact on the Livestock Disease Control and T.B.
Indemnity Fund depending on the number of violations on which civil
penalties are assessed and the cost of the administrative
proceedings to assess those penalties.
Contact
Name: John Chatburn
Agency: Agriculture, Dept. of
Phone: 332-8540
STATEMENT OF PURPOSE/FISCAL NOTE H 34