2005 Legislation
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HOUSE BILL NO. 37 – Soil/plant amendment, no local regs

HOUSE BILL NO. 37

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Bill Status



H0037aaS............................................by AGRICULTURAL AFFAIRS
SOIL AND PLANT AMENDMENTS - Adds to existing law to prohibit local
regulation and legislation relating to soil and plant amendments; to
provide that local ordinances relating to soil and plant amendments 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 - 66-2-2
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
      Smylie(Telleria), Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- Harwood, McKague
      Absent and excused -- Raybould, 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 - 67-0-3
      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, McKague, 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, 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 388
         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. 37
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SOIL AND PLANT AMENDMENTS; AMENDING CHAPTER 22,  TITLE  22,  IDAHO
  3        CODE,  BY  THE  ADDITION OF A NEW SECTION 22-2226, IDAHO CODE, TO PROHIBIT
  4        LOCAL REGULATION AND LEGISLATION RELATING TO SOIL AND PLANT AMENDMENTS, TO
  5        PROVIDE THAT LOCAL LEGISLATION RELATING TO SOIL AND  PLANT  AMENDMENTS  IS
  6        VOID  AND  UNENFORCEABLE  AND TO CLARIFY THAT SPECIFIED RESTRICTIONS SHALL
  7        NOT PREEMPT CERTAIN COUNTY OR CITY LOCAL ZONING ORDINANCES.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 22, 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 22-2226, Idaho Code, and to read as follows:
                                                                        
 12        22-2226.  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 soil and plant amendments;
 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 soil and plant amendments.
 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 soil and plant amendment manufacturing, storage and sales facili-
 28    ties.

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. 37
                                                                        
  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 28,  following
  5    "ties"  insert: "or protecting the quality of ground water or surface water in
  6    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. 37, As Amended in the Senate
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SOIL AND PLANT AMENDMENTS; AMENDING CHAPTER 22,  TITLE  22,  IDAHO
  3        CODE,  BY  THE  ADDITION OF A NEW SECTION 22-2226, IDAHO CODE, TO PROHIBIT
  4        LOCAL REGULATION AND LEGISLATION RELATING TO SOIL AND PLANT AMENDMENTS, TO
  5        PROVIDE THAT LOCAL ORDINANCES RELATING TO SOIL AND  PLANT  AMENDMENTS  ARE
  6        VOID  AND  UNENFORCEABLE  AND TO CLARIFY THAT SPECIFIED RESTRICTIONS SHALL
  7        NOT PREEMPT CERTAIN COUNTY OR CITY LOCAL ZONING ORDINANCES.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 22, 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 22-2226, Idaho Code, and to read as follows:
                                                                        
 12        22-2226.  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 soil and plant amendments;
 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 soil and plant amendments.
 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 soil and plant amendment manufacturing, storage and sales facili-
 27    ties  or protecting the quality of ground water or surface water in accordance
 28    with applicable state and federal law.

Statement of Purpose / Fiscal Impact


     Reprint        Reprint        Reprint        Reprint

                       STATEMENT OF PURPOSE

                             RS 14692

Some political subdivisions below the state level may consider
enacting soil and plant amendment restrictions in addition to
state soil and plant amendment 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 37