2005 Legislation
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HOUSE BILL NO. 36 – Fertilizer, no local regulation

HOUSE BILL NO. 36

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Bill Status



H0036aaS............................................by AGRICULTURAL AFFAIRS
COMMERCIAL FERTILIZERS - Adds to existing law to prohibit local regulation
and legislation relating to fertilizers; to provide that local ordinances
relating to fertilizers are void and unenforceable; and to clarify that
specified restrictions shall not preempt certain county or city local
zoning ordinances.
                                                                        
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 - 63-6-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, Loertscher, Martinez, Mathews, McGeachin,
      Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
      Raybould, Ring, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
      Smylie(Telleria), Snodgrass, Stevenson, Trail, Wills
      NAYS -- Crow, Harwood, LeFavour, McKague, Ringo, Wood
      Absent and excused -- Mr. Speaker
    Floor Sponsor - Jones
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to Agric Aff
03/18    Rpt out - to 14th Ord
03/23    Rpt out amen - to 1st rdg as amen
03/24    1st rdg - to 2nd rdg as amen
03/25    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 34-0-0, 1 vacancy
      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, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Gannon
    Title apvd - to House
03/28    House concurred in Senate amens - to engros
03/29    Rpt engros - 1st rdg - to 2nd rdg as amen
03/30    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Trail, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, McKague, Stevenson, Wills
    Floor Sponsor - Jones
    Title apvd - to enrol
03/31    Rpt enrol - Sp signed - Pres signed
04/04    To Governor
04/14    Governor signed
         Session Law Chapter 387
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 36
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COMMERCIAL FERTILIZERS; AMENDING CHAPTER 6, TITLE 22, IDAHO  CODE,
  3        BY  THE  ADDITION  OF  A NEW SECTION 22-626, IDAHO CODE, TO PROHIBIT LOCAL
  4        REGULATION AND LEGISLATION RELATING TO FERTILIZERS, TO PROVIDE THAT  LOCAL
  5        LEGISLATION RELATING TO FERTILIZERS IS VOID AND UNENFORCEABLE AND TO CLAR-
  6        IFY  THAT  SPECIFIED RESTRICTIONS SHALL NOT PREEMPT CERTAIN COUNTY OR CITY
  7        LOCAL ZONING ORDINANCES.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 6, Title 22, Idaho Code,  be,  and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 22-626, Idaho Code, and to read as follows:
                                                                        
 12        22-626.  LOCAL LEGISLATION -- PROHIBITION. (1) No local government  entity
 13    including, but not limited to, any city, county, township, or municipal corpo-
 14    ration or any other body corporate and politic that is responsible for govern-
 15    ment  activities in a geographic area smaller than that of the state of Idaho,
 16    shall:
 17        (a)  Regulate the registration, packaging, labeling, sale,  storage,  dis-
 18        tribution, use and application of fertilizers;
 19        (b)  Adopt  or continue in effect local legislation relating to the regis-
 20        tration, packaging, labeling, sale, storage, distribution, use or applica-
 21        tion of fertilizers.
 22        (2)  Local legislation including, but not limited to, ordinances, motions,
 23    resolutions, amendments, regulations, or rules, adopted by the  local  govern-
 24    ment entity in violation of this section is void and unenforceable.
 25        (3)  The  provisions  of subsections (1) and (2) of this section shall not
 26    preempt county or city local zoning ordinances governing the physical location
 27    or siting of fertilizer manufacturing, storage and sales facilities.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Gannon              
                                                                        
                                                     Seconded by Coiner              
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 36
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the  printed  bill,  delete  line  22;  in  line  23,  delete
  3    "resolutions,  amendments,  regulations,  or  rules,"  and insert: "(2)  Ordi-
  4    nances"; in line 24, delete "is" and insert: "are"; and in line 27,  following
  5    "facilities"  insert:  "or  protecting  the quality of ground water or surface
  6    water in accordance with applicable state and federal law".
                                                                        
  7                                 CORRECTIONS TO TITLE
  8        On page 1, in line 5, delete "LEGISLATION" and insert:  "ORDINANCES";  and
  9    also in line 5, delete "IS" and insert: "ARE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 36, As Amended in the Senate
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COMMERCIAL FERTILIZERS; AMENDING CHAPTER 6, TITLE 22, IDAHO  CODE,
  3        BY  THE  ADDITION  OF  A NEW SECTION 22-626, IDAHO CODE, TO PROHIBIT LOCAL
  4        REGULATION AND LEGISLATION RELATING TO FERTILIZERS, TO PROVIDE THAT  LOCAL
  5        ORDINANCES RELATING TO FERTILIZERS ARE VOID AND UNENFORCEABLE AND TO CLAR-
  6        IFY  THAT  SPECIFIED RESTRICTIONS SHALL NOT PREEMPT CERTAIN COUNTY OR CITY
  7        LOCAL ZONING ORDINANCES.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 6, Title 22, Idaho Code,  be,  and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 22-626, Idaho Code, and to read as follows:
                                                                        
 12        22-626.  LOCAL LEGISLATION -- PROHIBITION. (1) No local government  entity
 13    including, but not limited to, any city, county, township, or municipal corpo-
 14    ration or any other body corporate and politic that is responsible for govern-
 15    ment  activities in a geographic area smaller than that of the state of Idaho,
 16    shall:
 17        (a)  Regulate the registration, packaging, labeling, sale,  storage,  dis-
 18        tribution, use and application of fertilizers;
 19        (b)  Adopt  or continue in effect local legislation relating to the regis-
 20        tration, packaging, labeling, sale, storage, distribution, use or applica-
 21        tion of fertilizers.
 22        (2)  Ordinances adopted by the local government  entity  in  violation  of
 23    this section are void and unenforceable.
 24        (3)  The  provisions  of subsections (1) and (2) of this section shall not
 25    preempt county or city local zoning ordinances governing the physical location
 26    or siting of fertilizer manufacturing, storage and sales  facilities  or  pro-
 27    tecting the quality of ground water or surface water in accordance with appli-
 28    cable state and federal law.

Statement of Purpose / Fiscal Impact


     Reprint        Reprint        Reprint        Reprint

                       STATEMENT OF PURPOSE

                             RS 14691

Some political subdivisions below the state level may consider
enacting fertilizer restrictions in addition to state fertilizer
laws.  These requirements may conflict with the existing state
law and are often not based on principals of good science.  This
legislation follows the recommendations of the uniform bills
committee of the Association of American Plant Food Control
Officials for fertilizers and soil and plant amendment laws.
 The proposed legislation will not preempt local zoning
ordinances on siting of facilities manufacturing, storing, or
selling these products. 


                           FISCAL NOTE

There will be no fiscal impact to the General Fund. 




Contact
Name:  Representative Doug Jones 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                   H 36