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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
]]]] 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
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