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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 - 2005IN 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 - 2005Moved 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 - 2005IN 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