2005 Legislation
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HOUSE BILL NO. 38 – Seeds, no local regulation

HOUSE BILL NO. 38

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Bill Status



H0038...............................................by AGRICULTURAL AFFAIRS
SEEDS - Adds to existing law relating to the pure seed law to provide for
statewide jurisdiction and preemption; 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 - 65-3-2
      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, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler,
      Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
      Smylie(Telleria), Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- Harwood, Sali, Schaefer
      Absent and excused -- McKague, Mr. Speaker
    Floor Sponsor - Jones
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to Agric Aff
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/22    3rd rdg - 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 - Coiner
    Title apvd - to House
03/23    To enrol
03/24    Rpt enrol - Sp signed
03/25    Pres signed
03/28    To Governor
03/30    Governor VETOED
03/31    Held at Desk
04/06    Filed in Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 38
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PURE SEED LAW; AMENDING CHAPTER 4, TITLE 22,  IDAHO  CODE,  BY
  3        THE ADDITION OF A NEW SECTION 22-413, IDAHO CODE, TO PROVIDE FOR STATEWIDE
  4        JURISDICTION  AND  PREEMPTION  AND  TO CLARIFY THAT SPECIFIED RESTRICTIONS
  5        SHALL NOT PREEMPT CERTAIN COUNTY OR CITY LOCAL ZONING ORDINANCES.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Chapter 4, Title 22, Idaho Code,  be,  and  the  same  is
  8    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  9    ignated as Section 22-413, Idaho Code, and to read as follows:
                                                                        
 10        22-413.  STATEWIDE JURISDICTION AND PREEMPTION. (1) This chapter  and  its
 11    provisions  are  of statewide concern and occupy the whole field of regulation
 12    regarding the registration, labeling, sale, storage, transportation, distribu-
 13    tion, notification of use, and use of seeds to  the  exclusion  of  all  local
 14    ordinances, rules or regulations. Except as otherwise specifically provided in
 15    this  chapter,  no  ordinance, rule or regulation of any political subdivision
 16    may prohibit or in any way attempt to regulate any matter relating to the reg-
 17    istration, labeling, sale, storage, transportation, distribution, notification
 18    of use, or use of seeds.
 19        (2)  The provisions of subsection (1) of this section  shall  not  preempt
 20    county or city local zoning ordinances governing the physical location or sit-
 21    ing of seed facilities.

Statement of Purpose / Fiscal Impact


     Reprint        Reprint        Reprint        Reprint

                       STATEMENT OF PURPOSE

                             RS 14693

The production of seed crops has been, and is still today, a
vital part of Idaho agriculture supplying seed around the world. 
Idaho has a well established system of registering seed
production and regulating separation of varieties.  Because some
political subdivisions below the state level may consider
regulating the planting, sale, storage, or distribution of
certain types or varieties of seed.  Such regulations may
conflict with existing state law and are often not based on
principals of good science.  This legislation makes clear that
the regulation seed will be done by the state to insure
consistency statewide.  

This legislation will not interfere with local zoning ordinances
on the location of seed handling facilities. 


          
                           FISCAL NOTE

There will be no fiscal impact to the General Fund.



Contact
Name:  Representative Jones 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                       H 38