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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