2005 Legislation
Print Friendly

HOUSE BILL NO. 168 – Manure, applied, requirements

HOUSE BILL NO. 168

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0168...............................................by AGRICULTURAL AFFAIRS
MANURE - Adds to existing law to provide requirements relating to the
application of certain manure; to provide for inspections; and to provide
for civil violations and penalties.
                                                                        
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 168
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ANIMALS; AMENDING TITLE 25, IDAHO CODE, BY THE ADDITION OF  A  NEW
  3        CHAPTER 18, TITLE 25, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE REQUIREMENTS
  4        RELATING TO THE APPLICATION OF CERTAIN MANURE, TO PROVIDE FOR INSPECTIONS,
  5        TO PROVIDE FOR CIVIL VIOLATIONS AND PENALTIES AND TO AUTHORIZE THE PROMUL-
  6        GATION OF RULES.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That Title 25, Idaho Code, be, and the same is hereby amended
  9    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 10    ter 18, Title 25, Idaho Code, and to read as follows:
                                                                        
 11                                      CHAPTER 18
 12                                    APPLIED MANURE
                                                                        
 13        25-1801.  DEFINITIONS. When used in this chapter:
 14        (1)  "Department" means the Idaho department of agriculture.
 15        (2)  "Director" means the director of the Idaho department of agriculture.
 16        (3)  "Manure"  means  animal  excrement  that  may  also  contain bedding,
 17    spilled feed or soil.
 18        (4)  "Person" means any individual, association, partnership, firm,  joint
 19    stock company, joint venture, trust, estate, private corporation, or any legal
 20    entity, which is recognized by law as the subject of rights and duties.
                                                                        
 21        25-1802.  MANURE  APPLICATION.  Manure having a moisture content in excess
 22    of twenty-five percent (25%) that is applied onto soil, shall be  incorporated
 23    into the soil surface within seventy-two (72) hours of application.
                                                                        
 24        25-1803.  INSPECTIONS. The director or his designee is authorized to enter
 25    and  inspect  any location in which a person has failed to incorporate applied
 26    manure into the soil surface within seventy-two (72) hours of  application  to
 27    ensure compliance with the provisions of this chapter.
                                                                        
 28        25-1804.  VIOLATIONS  --  CIVIL -- PENALTIES. (1) Any person that violates
 29    the provisions of this chapter shall  be  assessed  a  civil  penalty  by  the
 30    department  or  its  duly  authorized agent not to exceed five hundred dollars
 31    ($500) for each offense and be  liable  for  reasonable  attorney's  fees  and
 32    costs.
 33        (2)  Assessment  of a civil penalty as provided herein may be made in con-
 34    junction with any other department administrative action and shall be based on
 35    the severity of the offense and the degree of cooperation with the department.
 36        (3)  If the department is unable to collect the civil penalty  or  if  any
 37    person  fails  to pay all or a set portion of a civil penalty as determined by
 38    the department, the department may recover such amount by action in the appro-
 39    priate district court.
                                                                        
                                           2
                                                                        
  1        (4)  Any person against whom the department has assessed a  civil  penalty
  2    under this section may, within thirty (30) days of the final action making the
  3    assessment, appeal the assessment to the district court of the county in which
  4    the violation is alleged by the department to have occurred.
  5        (5)  Moneys collected for violations shall be deposited in the state trea-
  6    sury and credited to the general fund.
  7        (6)  The  imposition  or computation of monetary penalties shall take into
  8    account the seriousness of the violation, and such other  matters  as  justice
  9    requires.  The director shall prepare a written report setting forth the basis
 10    upon which any monetary penalty is imposed and/or computed  and  shall  retain
 11    the report on file with the department.
                                                                        
 12        25-1805.  RULES. The director is authorized to promulgate necessary admin-
 13    istrative  rules in order to carry out the department's duties pursuant to the
 14    provisions of this chapter in compliance with  chapter  52,  title  67,  Idaho
 15    Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14710

This legislation would require that manure over 25% moisture
shall be incorporated into the soil within 72 hours of
application.  It would give the Idaho State Department of
Agriculture inspection and enforcement authority.


                           FISCAL NOTE

No impact on the general fund.



Contact
Name:  Representative Jones 
Phone: 208-334-1000


STATEMENT OF PURPOSE/FISCAL NOTE                     H 168