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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
]]]] 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.
]]]] 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".
]]]] 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.
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