View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0174aa.............................................by AGRICULTURAL AFFAIRS
DOMESTIC CERVIDAE - Amends existing law relating to domestic cervidae to
revise a definition; to revise provisions relating to identification
requirements; to authorize the administrator of the Division of Animal
Industries to make, promulgate and enforce rules relating to the
implementation of a voluntary chronic wasting disease certification and
surveillance program; to authorize inspections; to provide for compensation
of animals injured or killed during the course of an inspection; to revise
provisions relating to the escape of domestic cervidae; to provide for the
Domestic Cervidae Fund; to provide that certain actions shall constitute
felonies; and to provide for damages.
02/11 House intro - 1st rdg - to printing
02/14 Rpt prt - to Agric Aff
03/03 Rpt out - to Gen Ord
03/09 Rpt out amen - to engros
03/10 Rpt engros - 1st rdg - to 2nd rdg as amen
03/11 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 57-11-2
AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Bolz, Bradford, Cannon, Chadderdon, Collins,
Crow, Deal, Denney, Edmunson, Ellsworth, Field(18), Field(23),
Garrett, Hart(Jacobson), Harwood, Jones, Kemp, Lake, Loertscher,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pence, Raybould, Ring, Roberts, Rusche, Rydalch, Sali,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(24),
Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- Anderson, Boe, Eskridge, Henbest, Jaquet, LeFavour, Martinez,
Pasley-Stuart, Ringo, Sayler, Smith(30)
Absent and excused -- Clark, Henderson
Floor Sponsors - Shirley & Bolz
Title apvd - to Senate
03/15 Senate intro - 1st rdg - to Agric Aff
03/23 Rpt out - rec d/p - to 2nd rdg
03/24 2nd rdg - to 3rd rdg
Rls susp - FAILED - 16-18-0, 1 vacancy
AYES -- Brandt, Broadsword, Burtenshaw, Coiner, Corder, Darrington,
Davis, Gannon, Geddes, Hill, McGee, McKenzie, Pearce, Richardson,
Sweet, Williams
NAYS -- Andreason, Bunderson, Burkett, Cameron, Compton, Goedde,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley,
Schroeder, Stegner, Stennett, Werk
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - Corder
Ret'd to House
Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 174
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC CERVIDAE; AMENDING SECTION 25-3701, IDAHO CODE, TO REVISE
3 A DEFINITION AND TO PROVIDE THAT CERTAIN ACTIVITIES CONSTITUTE MARKETING
4 OF DOMESTIC CERVIDAE; AMENDING SECTION 25-3502, IDAHO CODE, AS ADDED BY
5 SECTION 1, CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SECTION AND TO
6 REVISE PROVISIONS RELATING TO THE RELATIONSHIP OF THE DEPARTMENT OF AGRI-
7 CULTURE AND THE DEPARTMENT OF FISH AND GAME RELATING TO THE DOMESTIC FARM-
8 ING OF CERVIDAE; AMENDING SECTION 25-3703A, IDAHO CODE, TO REVISE PROVI-
9 SIONS RELATING TO IDENTIFICATION REQUIREMENTS FOR DOMESTIC CERVIDAE;
10 AMENDING SECTION 25-3704, IDAHO CODE, TO AUTHORIZE THE ADMINISTRATOR OF
11 THE DIVISION OF ANIMAL INDUSTRIES TO MAKE, PROMULGATE, AND ENFORCE RULES
12 RELATING TO THE IMPLEMENTATION OF A VOLUNTARY CHRONIC WASTING DISEASE CER-
13 TIFICATION AND SURVEILLANCE PROGRAM; AMENDING SECTION 25-3505, IDAHO CODE,
14 AS ADDED BY SECTION 1, CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SEC-
15 TION, TO AUTHORIZE CERTAIN INSPECTIONS AND TO PROVIDE FOR COMPENSATION OF
16 ANIMALS INJURED OR KILLED DURING THE COURSE OF AN INSPECTION; AMENDING
17 SECTION 25-3705A, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE ESCAPE
18 OF DOMESTIC CERVIDAE; AMENDING SECTION 25-3706, IDAHO CODE, TO PROVIDE FOR
19 THE DEPOSIT OF MONEYS COLLECTED FOR SPECIFIED VIOLATIONS IN THE DOMESTIC
20 CERVIDAE FUND; AMENDING SECTION 25-3708, IDAHO CODE, TO PROVIDE FOR THE
21 DOMESTIC CERVIDAE FUND AND TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF
22 MONEYS RELATING TO THE FUND; AMENDING SECTION 25-1910, IDAHO CODE, TO PRO-
23 VIDE FOR CIVIL DAMAGES UPON THEFT OR UNLAWFUL DESTRUCTION OF DOMESTIC
24 CERVIDAE, TO PROVIDE THAT CERTAIN ACTIONS SHALL CONSTITUTE FELONIES AND TO
25 PROVIDE FOR CIVIL DAMAGES; AND DECLARING AN EMERGENCY.
26 Be It Enacted by the Legislature of the State of Idaho:
27 SECTION 1. That Section 25-3701, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 25-3701. DOMESTIC CERVIDAE FARMING DEEMED AGRICULTURAL PURSUIT. It shall
30 be lawful for any person, association or corporation to breed, own or control
31 domestic cervidae, which are defined as fallow deer (dama dama), mule deer
32 (odocoileus hemionus), white-tailed deer (odocoileus virginianus), moose
33 (alces alces), elk (cervus elaphus) or reindeer (rangifer tarandus), but shall
34 not include red deer (urasian cervidae) or any subspecies or hybrids thereof,
35 and hold such animal in captivity for breeding or other useful purposes on
36 domestic cervidae farms or ranches, provided the premises have been registered
37 with the division of animal industries. Reindeer (rangifer tarandus) shall not
38 be held for domestic purposes north of the Salmon River. For the purposes of
39 all classification and administration of the laws of the state of Idaho, and
40 all administrative orders and rules pertaining thereto, the breeding, raising,
41 producing, harvesting or marketing of such animals or their products by the
42 producer or his agent shall be deemed an agricultural pursuit; marketing of
43 such animals shall include, but not be limited to, providing housing or lodg-
2
1 ing, meals, beverages and/or transportation to individuals engaged in the
2 breeding, raising, producing or harvesting of domestic cervidae; such animals
3 shall be deemed livestock and their products shall be deemed agricultural
4 products; the persons engaged in such agricultural pursuits shall be deemed
5 farmers, cervidae farmers, cervidae breeders or cervidae ranchers; the prem-
6 ises within which such pursuit is conducted shall be deemed farms, cervidae
7 farms, or cervidae ranches.
8 SECTION 2. That Section 25-3502, Idaho Code, as added by section 1,
9 chapter 73, Laws of 1994, be, and the same is hereby amended to read as fol-
10 lows:
11 25-35023702. TRANSFER OF FUNCTIONS FROM FISH AND GAME COMMISSION TO
12 DEPARTMENT OF AGRICULTURE. All the functions of the fish and game commission
13 and the department of fish and game, which affect the breeding, raising, pro-
14 ducing, marketing, or any other phase of the production or distribution, of
15 domestic cervidae, or the products thereof, are hereby transferred to and
16 vested in the department of agriculture and the administrator of the division
17 of animal industries; provided, that this act shall not limit or affect the
18 powers or duties of the department of fish and game relating to nondomestic
19 cervidae or the management and taking thereof, and provided further that the
20 department of agriculture shall address the reasonable concerns of the depart-
21 ment of fish and game respecting the domestic farming of cervidae as provided
22 in section 36-106(e)(9), Idaho Code.
23 SECTION 3. That Section 25-3703A, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 25-3703A. OFFICIAL PERMANENT IDENTIFICATION. All domestic cervidae
26 located in Idaho shall be identified with two (2) types of official permanent
27 identification. At least one (1) of the official permanent identifications
28 shall be an official identification and at least one (1) of the identifica-
29 tions shall be visible from a minimum of one hundred fifty (150) feet.
30 SECTION 4. That Section 25-3704, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 25-3704. RULES FOR REGISTERING PREMISES, AND DISEASE PREVENTION AND
33 IMPLEMENTATION OF A VOLUNTARY CHRONIC WASTING DISEASE CERTIFICATION AND SUR-
34 VEILLANCE PROGRAM. The administrator of the division of animal industries is
35 hereby authorized and empowered to make, promulgate, and enforce general and
36 reasonable rules not inconsistent with law, for the registration of domestic
37 cervidae farm or ranch premises, and for the prevention of the introduction or
38 dissemination of diseases among domestic cervidae of this state, and for the
39 implementation of a voluntary chronic wasting disease certification and sur-
40 veillance program, and to otherwise effectuate enforcement of the provisions
41 of chapters 2, 3, 4, 6 and 37, title 25, Idaho Code, applicable to domestic
42 cervidae.
43 SECTION 5. That Section 25-3505, Idaho Code, as added by section 1, chap-
44 ter 73, Laws of 1994, be, and the same is hereby amended to read as follows:
45 25-35053705. INSPECTION OF CERVIDAE FARMS. The division of animal indus-
46 tries and any of its officers shall have the right authority, at any reason-
47 able time, to inspect any domestic cervidae farm, and may go upon such farms
3
1 or any part thereof where such animals are contained to inspect and examine
2 the same and any animals therein. During the course of any inspections con-
3 ducted by the state including, but not limited to, disease testing or surveil-
4 lance, owners may be compensated for animals injured or killed. Funds used for
5 such compensation will come from the domestic cervidae fund as administered by
6 the division of animal industries or from funds appropriated specifically for
7 this purpose.
8 SECTION 6. That Section 25-3705A, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 25-3705A. ESCAPE OF DOMESTIC CERVIDAE. (1) It is the duty of the owners
11 and operators of domestic cervidae farms or ranches to:
12 (a) Take all reasonable actions to prevent the escape of domestic
13 cervidae located on such farms or ranches;
14 (b) Ensure that perimeter fences and gates are built and maintained in a
15 manner that will prevent the escape of domestic cervidae;
16 (c) Notify the division of animal industries upon the discovery of the
17 escape of domestic cervidae; and
18 (d) Take reasonable actions to bring under control domestic cervidae that
19 escape.
20 (2) Notwithstanding any provision of law to the contrary, the division of
21 animal industries or its agent is authorized to take necessary actions to
22 bring under control any domestic cervidae that have escaped the control of the
23 owner or operator of the domestic cervidae farm or ranch where the domestic
24 cervidae were located.
25 (3) Any domestic cervidae, that have escaped the control of the owner or
26 operator of a domestic cervidae farm or ranch for more than seven (7) days,
27 taken by a licensed hunter in a manner which complies with title 36, Idaho
28 Code, and the rules and proclamations of the Idaho fish and game commission
29 shall be considered a legal taking and neither the licensed hunter, the state,
30 nor any state agency shall be liable to the owner for killing the escaped
31 domestic cervidae.
32 SECTION 7. That Section 25-3706, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 25-3706. VIOLATIONS -- CIVIL -- CRIMINAL -- PENALTIES FOR VIOLATIONS. (1)
35 Failure to comply with provisions applicable to domestic cervidae as set forth
36 in chapters 2, 3, 4 and 6 of title 25, Idaho Code, the provisions of this
37 chapter, or rules promulgated thereunder, shall constitute a violation. Civil
38 penalties may be assessed against a violator as follows:
39 (a) A civil penalty as assessed by the department or its duly authorized
40 agent not to exceed five thousand dollars ($5,000) for each offense;
41 (b) Assessment of a civil penalty may be made in conjunction with any
42 other department administrative action.
43 (2) No civil penalty may be assessed against a person unless the person
44 was given notice and opportunity for a hearing pursuant to the Idaho adminis-
45 trative procedure act as set forth in chapter 52, title 67, Idaho Code.
46 (3) If the department is unable to collect an assessed civil penalty, or
47 if a person fails to pay all or a set portion of an assessed civil penalty as
48 determined by the department, the department may file an action to recover the
49 civil penalty in the district court of the county in which the violation is
50 alleged to have occurred. In addition to the assessed penalty, the department
51 shall be entitled to recover reasonable attorney's fees and costs incurred in
4
1 such action or on appeal from such action.
2 (4) A person against whom the department has assessed a civil penalty
3 under this section may, within thirty (30) days of the final agency action
4 making the assessment, appeal the assessment to the district court of the
5 county in which the violation is alleged to have occurred.
6 (5) Moneys collected pursuant to this section shall be deposited in the
7 state treasury and credited to the livestock disease control and T.B. indem-
8 nity domestic cervidae fund.
9 (6) The imposition or computation of monetary penalties shall take into
10 account the seriousness of the violation, good faith efforts to comply with
11 the law, the economic impact of the penalty on the violator and such other
12 matters as justice requires.
13 (7) Nothing in this chapter shall be construed as requiring the director
14 to report minor violations when the director believes that the public interest
15 will be best served by suitable warnings or other administrative action.
16 (8) Any person, firm or corporation violating any of the provisions of
17 chapters 2, 3, 4 and 6, title 25, Idaho Code, this chapter, or rules promul-
18 gated thereunder by the division of animal industries, applicable to domestic
19 cervidae, shall be guilty of a misdemeanor, and upon conviction, shall be sub-
20 ject to a fine of not less than one hundred dollars ($100) nor more than five
21 thousand dollars ($5,000) for each offense.
22 SECTION 8. That Section 25-3708, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 25-3708. FEES. (1) There is hereby imposed, on domestic cervidae, a fee,
25 not to exceed five dollars ($5.00) per head per year and shall be due on Janu-
26 ary 1 of each year.
27 (2) There is hereby established, within the agency asset fund in the
28 state treasury, a fund to be known as the domestic cervidae fund. Moneys
29 deposited in the fund shall consist of all fees and monetary penalties imposed
30 or assessed pursuant to the provisions of this chapter and all appropriations
31 or other moneys received for the domestic cervidae program. All funds so
32 deposited are hereby continuously appropriated for the purpose of carrying out
33 the provisions set forth in subsection (3) of this section. Any interest
34 earned on the investment of idle moneys in the fund shall be returned to the
35 fund.
36 (3) The fee shall be used by the Idaho department of agriculture, divi-
37 sion of animal industries, for the prevention, control and eradication of dis-
38 eases of domestic cervidae, the inspection of domestic cervidae and domestic
39 cervidae farms or ranches, and administration of the domestic cervidae pro-
40 gram. All moneys collected under this provision shall be deposited in the
41 livestock disease control and tuberculosis indemnity fund and used for the
42 domestic cervidae program.
43 SECTION 9. That Section 25-1910, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 25-1910. CIVIL DAMAGES AND OTHER PENALTIES UPON THEFT OR UNLAWFUL
46 DESTRUCTION OF FURBEARING ANIMALS RAISED FOR COMMERCIAL PURPOSES, DOMESTIC
47 CERVIDAE, OR LIVESTOCK. (1) In addition to the criminal penalties that may be
48 imposed upon a person convicted of theft or unlawful destruction of
49 furbearing animals raised for commercial purposes, domestic cervidae, or live-
50 stock, the court shall assess civil damages against the defendant in any
51 amount necessary to fully compensate the owner of the furbearing animals
5
1 raised for commercial purposes, domestic cervidae, or livestock for his loss,
2 which amount shall be paid to the owner, and any amount necessary to fully
3 compensate any trade association which has paid out rewards which led to the
4 arrest and conviction of the defendant in the particular case, which amount
5 shall be paid to the trade association.
6 (2) Any person who intentionally and without permission of the owner
7 releases any furbearing animals raised for commercial purposes or domestic
8 cervidae is guilty of a felony and the court may assess civil damages against
9 the defendant in any amount necessary to compensate the owner of the
10 furbearing animals raised for commercial purposes or domestic cervidae. Addi-
11 tionally, any person who intentionally destroys or conspires to destroy any
12 paper or electronic record of a furbearing animal raised for commercial pur-
13 poses or domestic cervidae shall be guilty of a felony and the court may
14 assess civil damages against the defendant in any amount necessary to compen-
15 sate the owner of the furbearing animals raised for commercial purposes or
16 domestic cervidae.
17 SECTION 10. An emergency existing therefor, which emergency is hereby
18 declared to exist, this act shall be in full force and effect on and after its
19 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Shirley
Seconded by Bolz
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 174
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 42, delete "marketing of"; delete
3 line 43; and on page 2, delete lines 1 and 2 and insert: "such animals".
4 CORRECTIONS TO TITLE
5 On page 1, in line 3, delete "AND TO PROVIDE THAT CERTAIN ACTIVITIES CON-
6 STITUTE MARKETING"; and in line 4 delete "OF DOMESTIC CERVIDAE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 174, As Amended
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC CERVIDAE; AMENDING SECTION 25-3701, IDAHO CODE, TO REVISE
3 A DEFINITION; AMENDING SECTION 25-3502, IDAHO CODE, AS ADDED BY SECTION 1,
4 CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SECTION AND TO REVISE PROVI-
5 SIONS RELATING TO THE RELATIONSHIP OF THE DEPARTMENT OF AGRICULTURE AND
6 THE DEPARTMENT OF FISH AND GAME RELATING TO THE DOMESTIC FARMING OF
7 CERVIDAE; AMENDING SECTION 25-3703A, IDAHO CODE, TO REVISE PROVISIONS
8 RELATING TO IDENTIFICATION REQUIREMENTS FOR DOMESTIC CERVIDAE; AMENDING
9 SECTION 25-3704, IDAHO CODE, TO AUTHORIZE THE ADMINISTRATOR OF THE DIVI-
10 SION OF ANIMAL INDUSTRIES TO MAKE, PROMULGATE, AND ENFORCE RULES RELATING
11 TO THE IMPLEMENTATION OF A VOLUNTARY CHRONIC WASTING DISEASE CERTIFICATION
12 AND SURVEILLANCE PROGRAM; AMENDING SECTION 25-3505, IDAHO CODE, AS ADDED
13 BY SECTION 1, CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SECTION, TO AU-
14 THORIZE CERTAIN INSPECTIONS AND TO PROVIDE FOR COMPENSATION OF ANIMALS
15 INJURED OR KILLED DURING THE COURSE OF AN INSPECTION; AMENDING SECTION
16 25-3705A, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE ESCAPE OF
17 DOMESTIC CERVIDAE; AMENDING SECTION 25-3706, IDAHO CODE, TO PROVIDE FOR
18 THE DEPOSIT OF MONEYS COLLECTED FOR SPECIFIED VIOLATIONS IN THE DOMESTIC
19 CERVIDAE FUND; AMENDING SECTION 25-3708, IDAHO CODE, TO PROVIDE FOR THE
20 DOMESTIC CERVIDAE FUND AND TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF
21 MONEYS RELATING TO THE FUND; AMENDING SECTION 25-1910, IDAHO CODE, TO PRO-
22 VIDE FOR CIVIL DAMAGES UPON THEFT OR UNLAWFUL DESTRUCTION OF DOMESTIC
23 CERVIDAE, TO PROVIDE THAT CERTAIN ACTIONS SHALL CONSTITUTE FELONIES AND TO
24 PROVIDE FOR CIVIL DAMAGES; AND DECLARING AN EMERGENCY.
25 Be It Enacted by the Legislature of the State of Idaho:
26 SECTION 1. That Section 25-3701, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 25-3701. DOMESTIC CERVIDAE FARMING DEEMED AGRICULTURAL PURSUIT. It shall
29 be lawful for any person, association or corporation to breed, own or control
30 domestic cervidae, which are defined as fallow deer (dama dama), mule deer
31 (odocoileus hemionus), white-tailed deer (odocoileus virginianus), moose
32 (alces alces), elk (cervus elaphus) or reindeer (rangifer tarandus), but shall
33 not include red deer (urasian cervidae) or any subspecies or hybrids thereof,
34 and hold such animal in captivity for breeding or other useful purposes on
35 domestic cervidae farms or ranches, provided the premises have been registered
36 with the division of animal industries. Reindeer (rangifer tarandus) shall not
37 be held for domestic purposes north of the Salmon River. For the purposes of
38 all classification and administration of the laws of the state of Idaho, and
39 all administrative orders and rules pertaining thereto, the breeding, raising,
40 producing, harvesting or marketing of such animals or their products by the
41 producer or his agent shall be deemed an agricultural pursuit; such animals
42 shall be deemed livestock and their products shall be deemed agricultural
43 products; the persons engaged in such agricultural pursuits shall be deemed
2
1 farmers, cervidae farmers, cervidae breeders or cervidae ranchers; the prem-
2 ises within which such pursuit is conducted shall be deemed farms, cervidae
3 farms, or cervidae ranches.
4 SECTION 2. That Section 25-3502, Idaho Code, as added by section 1,
5 chapter 73, Laws of 1994, be, and the same is hereby amended to read as fol-
6 lows:
7 25-35023702. TRANSFER OF FUNCTIONS FROM FISH AND GAME COMMISSION TO
8 DEPARTMENT OF AGRICULTURE. All the functions of the fish and game commission
9 and the department of fish and game, which affect the breeding, raising, pro-
10 ducing, marketing, or any other phase of the production or distribution, of
11 domestic cervidae, or the products thereof, are hereby transferred to and
12 vested in the department of agriculture and the administrator of the division
13 of animal industries; provided, that this act shall not limit or affect the
14 powers or duties of the department of fish and game relating to nondomestic
15 cervidae or the management and taking thereof, and provided further that the
16 department of agriculture shall address the reasonable concerns of the depart-
17 ment of fish and game respecting the domestic farming of cervidae as provided
18 in section 36-106(e)(9), Idaho Code.
19 SECTION 3. That Section 25-3703A, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 25-3703A. OFFICIAL PERMANENT IDENTIFICATION. All domestic cervidae
22 located in Idaho shall be identified with two (2) types of official permanent
23 identification. At least one (1) of the official permanent identifications
24 shall be an official identification and at least one (1) of the identifica-
25 tions shall be visible from a minimum of one hundred fifty (150) feet.
26 SECTION 4. That Section 25-3704, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 25-3704. RULES FOR REGISTERING PREMISES, AND DISEASE PREVENTION AND
29 IMPLEMENTATION OF A VOLUNTARY CHRONIC WASTING DISEASE CERTIFICATION AND SUR-
30 VEILLANCE PROGRAM. The administrator of the division of animal industries is
31 hereby authorized and empowered to make, promulgate, and enforce general and
32 reasonable rules not inconsistent with law, for the registration of domestic
33 cervidae farm or ranch premises, and for the prevention of the introduction or
34 dissemination of diseases among domestic cervidae of this state, and for the
35 implementation of a voluntary chronic wasting disease certification and sur-
36 veillance program, and to otherwise effectuate enforcement of the provisions
37 of chapters 2, 3, 4, 6 and 37, title 25, Idaho Code, applicable to domestic
38 cervidae.
39 SECTION 5. That Section 25-3505, Idaho Code, as added by section 1, chap-
40 ter 73, Laws of 1994, be, and the same is hereby amended to read as follows:
41 25-35053705. INSPECTION OF CERVIDAE FARMS. The division of animal indus-
42 tries and any of its officers shall have the right authority, at any reason-
43 able time, to inspect any domestic cervidae farm, and may go upon such farms
44 or any part thereof where such animals are contained to inspect and examine
45 the same and any animals therein. During the course of any inspections con-
46 ducted by the state including, but not limited to, disease testing or surveil-
47 lance, owners may be compensated for animals injured or killed. Funds used for
3
1 such compensation will come from the domestic cervidae fund as administered by
2 the division of animal industries or from funds appropriated specifically for
3 this purpose.
4 SECTION 6. That Section 25-3705A, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 25-3705A. ESCAPE OF DOMESTIC CERVIDAE. (1) It is the duty of the owners
7 and operators of domestic cervidae farms or ranches to:
8 (a) Take all reasonable actions to prevent the escape of domestic
9 cervidae located on such farms or ranches;
10 (b) Ensure that perimeter fences and gates are built and maintained in a
11 manner that will prevent the escape of domestic cervidae;
12 (c) Notify the division of animal industries upon the discovery of the
13 escape of domestic cervidae; and
14 (d) Take reasonable actions to bring under control domestic cervidae that
15 escape.
16 (2) Notwithstanding any provision of law to the contrary, the division of
17 animal industries or its agent is authorized to take necessary actions to
18 bring under control any domestic cervidae that have escaped the control of the
19 owner or operator of the domestic cervidae farm or ranch where the domestic
20 cervidae were located.
21 (3) Any domestic cervidae, that have escaped the control of the owner or
22 operator of a domestic cervidae farm or ranch for more than seven (7) days,
23 taken by a licensed hunter in a manner which complies with title 36, Idaho
24 Code, and the rules and proclamations of the Idaho fish and game commission
25 shall be considered a legal taking and neither the licensed hunter, the state,
26 nor any state agency shall be liable to the owner for killing the escaped
27 domestic cervidae.
28 SECTION 7. That Section 25-3706, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 25-3706. VIOLATIONS -- CIVIL -- CRIMINAL -- PENALTIES FOR VIOLATIONS. (1)
31 Failure to comply with provisions applicable to domestic cervidae as set forth
32 in chapters 2, 3, 4 and 6 of title 25, Idaho Code, the provisions of this
33 chapter, or rules promulgated thereunder, shall constitute a violation. Civil
34 penalties may be assessed against a violator as follows:
35 (a) A civil penalty as assessed by the department or its duly authorized
36 agent not to exceed five thousand dollars ($5,000) for each offense;
37 (b) Assessment of a civil penalty may be made in conjunction with any
38 other department administrative action.
39 (2) No civil penalty may be assessed against a person unless the person
40 was given notice and opportunity for a hearing pursuant to the Idaho adminis-
41 trative procedure act as set forth in chapter 52, title 67, Idaho Code.
42 (3) If the department is unable to collect an assessed civil penalty, or
43 if a person fails to pay all or a set portion of an assessed civil penalty as
44 determined by the department, the department may file an action to recover the
45 civil penalty in the district court of the county in which the violation is
46 alleged to have occurred. In addition to the assessed penalty, the department
47 shall be entitled to recover reasonable attorney's fees and costs incurred in
48 such action or on appeal from such action.
49 (4) A person against whom the department has assessed a civil penalty
50 under this section may, within thirty (30) days of the final agency action
51 making the assessment, appeal the assessment to the district court of the
4
1 county in which the violation is alleged to have occurred.
2 (5) Moneys collected pursuant to this section shall be deposited in the
3 state treasury and credited to the livestock disease control and T.B. indem-
4 nity domestic cervidae fund.
5 (6) The imposition or computation of monetary penalties shall take into
6 account the seriousness of the violation, good faith efforts to comply with
7 the law, the economic impact of the penalty on the violator and such other
8 matters as justice requires.
9 (7) Nothing in this chapter shall be construed as requiring the director
10 to report minor violations when the director believes that the public interest
11 will be best served by suitable warnings or other administrative action.
12 (8) Any person, firm or corporation violating any of the provisions of
13 chapters 2, 3, 4 and 6, title 25, Idaho Code, this chapter, or rules promul-
14 gated thereunder by the division of animal industries, applicable to domestic
15 cervidae, shall be guilty of a misdemeanor, and upon conviction, shall be sub-
16 ject to a fine of not less than one hundred dollars ($100) nor more than five
17 thousand dollars ($5,000) for each offense.
18 SECTION 8. That Section 25-3708, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 25-3708. FEES. (1) There is hereby imposed, on domestic cervidae, a fee,
21 not to exceed five dollars ($5.00) per head per year and shall be due on Janu-
22 ary 1 of each year.
23 (2) There is hereby established, within the agency asset fund in the
24 state treasury, a fund to be known as the domestic cervidae fund. Moneys
25 deposited in the fund shall consist of all fees and monetary penalties imposed
26 or assessed pursuant to the provisions of this chapter and all appropriations
27 or other moneys received for the domestic cervidae program. All funds so
28 deposited are hereby continuously appropriated for the purpose of carrying out
29 the provisions set forth in subsection (3) of this section. Any interest
30 earned on the investment of idle moneys in the fund shall be returned to the
31 fund.
32 (3) The fee shall be used by the Idaho department of agriculture, divi-
33 sion of animal industries, for the prevention, control and eradication of dis-
34 eases of domestic cervidae, the inspection of domestic cervidae and domestic
35 cervidae farms or ranches, and administration of the domestic cervidae pro-
36 gram. All moneys collected under this provision shall be deposited in the
37 livestock disease control and tuberculosis indemnity fund and used for the
38 domestic cervidae program.
39 SECTION 9. That Section 25-1910, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 25-1910. CIVIL DAMAGES AND OTHER PENALTIES UPON THEFT OR UNLAWFUL
42 DESTRUCTION OF FURBEARING ANIMALS RAISED FOR COMMERCIAL PURPOSES, DOMESTIC
43 CERVIDAE, OR LIVESTOCK. (1) In addition to the criminal penalties that may be
44 imposed upon a person convicted of theft or unlawful destruction of
45 furbearing animals raised for commercial purposes, domestic cervidae, or live-
46 stock, the court shall assess civil damages against the defendant in any
47 amount necessary to fully compensate the owner of the furbearing animals
48 raised for commercial purposes, domestic cervidae, or livestock for his loss,
49 which amount shall be paid to the owner, and any amount necessary to fully
50 compensate any trade association which has paid out rewards which led to the
51 arrest and conviction of the defendant in the particular case, which amount
5
1 shall be paid to the trade association.
2 (2) Any person who intentionally and without permission of the owner
3 releases any furbearing animals raised for commercial purposes or domestic
4 cervidae is guilty of a felony and the court may assess civil damages against
5 the defendant in any amount necessary to compensate the owner of the
6 furbearing animals raised for commercial purposes or domestic cervidae. Addi-
7 tionally, any person who intentionally destroys or conspires to destroy any
8 paper or electronic record of a furbearing animal raised for commercial pur-
9 poses or domestic cervidae shall be guilty of a felony and the court may
10 assess civil damages against the defendant in any amount necessary to compen-
11 sate the owner of the furbearing animals raised for commercial purposes or
12 domestic cervidae.
13 SECTION 10. An emergency existing therefor, which emergency is hereby
14 declared to exist, this act shall be in full force and effect on and after its
15 passage and approval.
Reprint Reprint Reprint Reprint Reprint
STATEMENT OF PURPOSE
RS 14901
The purpose of this proposed legislation is to revise Idaho Code Title
25, Chapter 37, relating to domestic cervidae, so that the industry
may more efficiently operate in an increasingly demanding and
competitive environment. This legislation revises the definition of
domestic cervidae to include mule deer, white tailed deer and moose.
The legislation also defines certain activities that constitute the
marketing of domestic cervidae. Identification of domestic cervidae
is clarified to provide that at least one type of identification be
official and at least one type to be visible for a minimum of 150
feet. The legislation provides for the implementation of a voluntary
chronic wasting disease certification and surveillance program as well
as language to allow for the compensation of animals injured or killed
during an inspection undertaken by the state. The legislation also
provides that escaped domestic cervidae remain the property of the
owner. The legislation also establishes a domestic cervidae fund
within the state treasury and provides that it shall be unlawful for
any person to intentionally release or destroy domestic cervidae.
FISCAL NOTE
There will be no fiscal impact on the General Fund.
Contact
Name: Stan Boyd, Idaho Elk Breeders Assn.
Phone: 208-344-2271
STATEMENT OF PURPOSE/FISCAL NOTE H 174