2005 Legislation
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HOUSE BILL NO. 401 – Seeds, no local regulation

HOUSE BILL NO. 401

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Bill Status



H0401.....................................................by WAYS AND MEANS
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.
                                                                        
04/04    House intro - 1st rdg - to printing
04/05    Rpt prt - to 2nd rdg
04/06    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 66-3-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
      Ellsworth(Ellsworth), Eskridge, Field(18), Field(23), Garrett, Hart,
      Harwood, Henbest, Henderson, Jones, Kemp, Lake, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring(Roberge), Roberts,
      Rusche, Rydalch, Sali, Sayler(Callen), Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Wills, Wood, Mr. Speaker
      NAYS -- Jaquet, LeFavour, Ringo
      Absent and excused -- Trail
    Floor Sponsor - Jones
    Title apvd - to Senate
04/06    Senate intro - 1st rdg - to St Aff
    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 33-0-2
      AYES -- Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher(Fulcher), 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 -- Andreason, Gannon
    Floor Sponsor - Burtenshaw
    Title apvd - to House
04/06    To enrol
04/07    Rpt enrol - Sp/Pres signed - To Governor
04/14    Governor signed
         Session Law Chapter 401
         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. 401
                                                                        
                                BY WAYS AND MEANS 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, use of seeds, and planting of seeds to  the  exclu-
 14    sion  of all local ordinances or regulations. Except as otherwise specifically
 15    provided in this chapter, no ordinance or regulation of any political subdivi-
 16    sion may prohibit or in any way attempt to regulate any matter relating to the
 17    registration, labeling, sale, storage, transportation, distribution, notifica-
 18    tion of use, use of seeds, or planting 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



                       STATEMENT OF PURPOSE

                             RS 15233

The production of seed crops has been, and is still today, a
vital part of Idaho agriculture.  Idaho supplies seed around the
world.  Idaho has a well established system of registering seed
production and regulating separation of varieties.  Some
political subdivisions below the state level may consider
regulating the planting, sale, storage, or distribution of
certain types of 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 of seed will be done by the state to insure
consistency statewide.

This regulation 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:  Rep. Douglas Jones 
Phone: (208) 332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                      H 401