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H0493...............................................by AGRICULTURAL AFFAIRS
BEE INSPECTIONS - Repeals and amends existing law relating to bee
inspections to revise guidelines to ensure that the inspections are
adequate; to revise provisions relating to investigations by the director
of the Department of Agriculture; to revise criminal provisions relating to
owners or keepers of diseased bees; to revise provisions relating to the
transportation of certain bees, supplies and equipment; to provide for the
publication of certain information relating to registered beekeepers by the
Department of Agriculture; to revise registration fee provisions; and to
provide an exemption from registration requirements for hobbyist
beekeepers.
01/27 House intro - 1st rdg - to printing
01/30 Rpt prt - to Agric Aff
02/17 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 62-0-8
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Collins, Crow, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Garrett, Hart, Henbest, Henderson, Jaquet, Kemp, Lake,
LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller,
Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smylie(Luker), Snodgrass,
Stevenson, Trail, Wills, Mr. Speaker
NAYS -- None
Absent and excused -- Brackett, Clark, Deal, Field(23), Harwood,
Sali, Smith(24), Wood
Floor Sponsor - Pence
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Agric Aff
03/03 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 35-0-0
AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, 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 -- None
Floor Sponsor - Corder
Title apvd - to House
03/09 To enrol
03/10 Rpt enrol - Sp signed
03/13 Pres signed
03/14 To Governor
03/15 Governor signed
Session Law Chapter 86
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 493
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO BEE INSPECTIONS; AMENDING SECTION 22-2517, IDAHO CODE, TO REDESIG-
3 NATE THE SECTION AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION
4 22-2518, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMI-
5 NOLOGY, TO REVISE DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
6 SECTION 22-2519, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE COR-
7 RECT TERMINOLOGY AND TO REVISE GUIDELINES TO ENSURE THAT THE INSPECTIONS
8 ARE ADEQUATE; AMENDING SECTION 22-2520, IDAHO CODE, TO REDESIGNATE THE
9 SECTION, TO REVISE PROVISIONS RELATING TO INVESTIGATIONS BY THE DIRECTOR
10 OF THE DEPARTMENT OF AGRICULTURE AND TO PROVIDE CORRECT TERMINOLOGY;
11 REPEALING SECTION 22-2521, IDAHO CODE, RELATING TO UNOCCUPIED COMBS;
12 AMENDING SECTION 22-2523, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
13 REVISE CRIMINAL PROVISIONS RELATING TO OWNERS OR KEEPERS OF DISEASED BEES;
14 AMENDING SECTION 22-2524, IDAHO CODE, TO REDESIGNATE THE SECTION; REPEAL-
15 ING SECTION 22-2525, IDAHO CODE, RELATING TO PERMITS TO BRING COMB HONEY
16 AND BEES INTO THE STATE; REPEALING SECTION 22-2526, IDAHO CODE, RELATING
17 TO PERMIT REQUIREMENTS FOR THE IMPORTATION OF BEES; AMENDING SECTION
18 22-2529, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMI-
19 NOLOGY AND TO REVISE PROVISIONS RELATING TO THE TRANSPORTATION OF CERTAIN
20 BEES, SUPPLIES AND EQUIPMENT; REPEALING SECTION 22-2530, IDAHO CODE,
21 RELATING TO ANNUAL GENERAL AND CONTINUING PERMITS; AMENDING CHAPTER 25,
22 TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-2508, IDAHO
23 CODE, TO PROVIDE FOR THE PUBLICATION OF CERTAIN INFORMATION RELATING TO
24 REGISTERED BEEKEEPERS BY THE DEPARTMENT OF AGRICULTURE; AMENDING SECTION
25 22-2532, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE CORRECT
26 TERMINOLOGY; AMENDING SECTION 22-2536, IDAHO CODE, TO REDESIGNATE THE SEC-
27 TION, TO REVISE REGISTRATION FEE PROVISIONS AND TO PROVIDE AN EXEMPTION
28 FROM REGISTRATION REQUIREMENTS FOR HOBBYIST BEEKEEPERS; AMENDING SECTION
29 22-2538, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE CORRECT
30 TERMINOLOGY; AMENDING SECTION 22-2539, IDAHO CODE, TO REDESIGNATE THE SEC-
31 TION; AND AMENDING SECTION 22-2540, IDAHO CODE, TO REDESIGNATE THE SEC-
32 TION.
33 Be It Enacted by the Legislature of the State of Idaho:
34 SECTION 1. That Section 22-2517, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 22-251701. PUBLIC POLICY. The Idaho based bee industry has a need for
37 inspections and certification in order to transport bees into other states for
38 pollination; there is a further need to minimize the presence of bee pests and
39 diseases within the state. Therefore, it is declared to be public policy of
40 the state of Idaho to provide a qualified inspection service within the
41 department of agriculture, to issue regulations rules setting fees for such
42 services and to take such action to control pests and diseases of bees as the
43 resources provided under this act chapter support.
2
1 SECTION 2. That Section 22-2518, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 22-251802. DEFINITIONS. The following terms shall be construed respec-
4 tively when used in this act chapter to mean:
5 (1) "Apiary" means any place where one (1) or more colonies of bees are
6 kept, or one (1) or more hives containing honey combs or bee combs are kept.
7 (2) "Bee diseases" means a condition of a colony of bees wherein suffi-
8 cient numbers of individual bees or the colony as a whole are afflicted by or
9 infested with bacterial, fungal, viral, parasitic, or other organisms to the
10 extent that the well-being of the colony is affected. Specific diseases shall
11 be determined by regulation rule.
12 (3) "Bees" means any stage of common honey bee, Apis mellifera L.
13 (4) "Colony" means the hive and bees therein with or without extra
14 supers.
15 (5) "Comb" means and includes all materials which are normally deposited
16 into hives by bees. It does not include extracted honey or royal jelly,
17 trapped pollen and processed beeswax.
18 (6) "Commercial beekeeper" means a person engaged in the management of
19 honey bees for their products and for pollination services.
20 (7) "Director" means the director of the Idaho department of agriculture
21 or his designated agent.
22 (8) "Equipment" means hives, supers, frames, veils, gloves or any appara-
23 tus, tools, machines or other devices used in the handling and manipulation of
24 bees, wax and hives, and shall also include any containers for honey and wax
25 which may be used in any apiary or in transporting bees and their products and
26 apiary supplies.
27 (9) "Exotic strain of bees" means African or Africanized bees (Apis
28 mellifera scutellata) or any other developed strain of bees known to be harm-
29 ful, but not known to be present ordinarily in this state.
30 (10) "Hive" means frame, hive, box, barrel, log gum, skep, or any other
31 receptacle or container, natural or artificial, or any part thereof, which may
32 be used as a domicile for bees.
33 (11) "Hobbyist beekeeper" means a person engaged in the management of
34 honey bees for pleasure and whose stock does not exceed fifty (50) colonies.
35 (12) "Persons" means individuals, associations, partnerships and corpora-
36 tions.
37 (13) "Qualified bistate beekeeper" a person who is a bona fide registered
38 beekeeper and resident of and taxpayer of the state of Idaho, owning a bee
39 yard or bee yards in both Idaho and another state, whose headquarters are in
40 the state of Idaho.
41 (14) "Queen apiary" means any apiary or premises in which queen bees are
42 reared or kept for sale or gift.
43 SECTION 3. That Section 22-2519, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 22-251903. DIRECTOR TO CONDUCT APIARY INSPECTIONS -- REGULATIONS RULES
46 SETTING FEES FOR REQUESTED INSPECTIONS AUTHORIZED. The director shall conduct
47 such apiary inspections as may be required by Idaho beekeepers to transport
48 bees to other jurisdictions. To ensure that the inspections are adequate, the
49 director shall consult with scientists designated by the dean of the college
50 of agriculture, University of Idaho, the directors of the Idaho honey associa-
51 tion or successor organizations, and with other persons knowledgeable in the
52 science and art of beekeeping. The director shall establish by regulation rule
3
1 a schedule of fees for inspection work to be paid by the person requesting the
2 inspection.
3 SECTION 4. That Section 22-2520, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 22-252004. DUTIES OF THE DIRECTOR IN CONTROLLING THE SPREAD OF DISEASE
6 AND EXOTIC STRAIN OF BEES. When the director shall be notified of the exis-
7 tence in any apiary of a transmissible bee disease or exotic strain of bees,
8 or items prohibited in section 22-2521, Idaho Code, he shall conduct appropri-
9 ate investigations to the extent that the resources provided by this act chap-
10 ter support. If the investigation establishes the presence of such
11 transmissible disease or exotic strain of bees, the director may order abate-
12 ment by methods which he shall prescribe. These methods may include destruc-
13 tion of the infested bees or exotic strain of bees and contaminated equipment.
14 Infested colonies or other equipment may not be removed from the premises on
15 which they are found without written permission of the director. The director
16 may, by rule, establish tolerances of regulated bee diseases allowable in api-
17 aries and establish a certification program for beekeepers in order to prevent
18 and control the movement of exotic strains of bees into the state.
19 SECTION 5. That Section 22-2521, Idaho Code, be, and the same is hereby
20 repealed.
21 SECTION 6. That Section 22-2523, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 22-252305. DUTY OF OWNER OF DISEASED BEES -- PENALTY. Any owner or keeper
24 of bees, knowing or being notified by the director of the existence of foul-
25 brood or other infectious or contagious a bee disease in his apiary, who fails
26 either to comply with the instructions of the director, designed to cure said
27 disease, or to destroy the infected bees, hives or appliances, within the time
28 designated by the director, is guilty of a misdemeanor.
29 SECTION 7. That Section 22-2524, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 22-252406. RIGHT TO INSPECT -- PENALTY FOR RESISTING. The director shall
32 have the right to enter the premises of any beekeeper where bees or equipment
33 are kept, and inspect such bees or equipment, and any person resisting or
34 refusing to allow such inspection shall be guilty of a misdemeanor.
35 SECTION 8. That Section 22-2525, Idaho Code, be, and the same is hereby
36 repealed.
37 SECTION 9. That Section 22-2526, Idaho Code, be, and the same is hereby
38 repealed.
39 SECTION 10. That Section 22-2529, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 22-252907. ACT CHAPTER CONSTRUED TO PERMIT TRANSPORTATION OF BEES -- PER-
42 MIT. This act chapter shall not be construed to prevent the transportation
43 across the Idaho state line of bees in hives, or bee supplies and equipment,
44 between bee yards owned by, or under the control of a "qualified bi-state bee-
4
1 keeper." However, such transportation shall not be lawful unless a general and
2 continuing permit therefor as hereinafter provided in section 22-2530, Idaho
3 Code, shall have been first obtained from the director, and such permit may be
4 revoked by the director upon a showing that such privilege has been or is
5 being abused beekeeper registered pursuant to section 22-2510, Idaho Code. Bee
6 colonies in transit through Idaho shall be netted while within the borders of
7 Idaho and no such bees shall be off loaded in Idaho without full compliance of
8 the laws.
9 SECTION 11. That Section 22-2530, Idaho Code, be, and the same is hereby
10 repealed.
11 SECTION 12. That Chapter 25, Title 22, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 22-2508, Idaho Code, and to read as follows:
14 22-2508. PUBLICATION OF REGISTERED BEEKEEPERS. The department shall make
15 available to any pesticide applicator registered with the department, mosquito
16 abatement or pest control district, or University of Idaho county agricultural
17 extension office, a list of beekeepers registered with the department. The
18 list shall include the names and telephone numbers of the beekeepers, the
19 counties in which they keep bees, and any other information the department
20 deems necessary to assist in the prevention of accidental poisoning of honey-
21 bees.
22 SECTION 13. That Section 22-2532, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 22-253209. MONEYS RECEIVED PAID INTO "BEE INSPECTION SPECIAL FUND." All
25 moneys received pursuant to the provisions of this act chapter shall be paid
26 to the state treasurer and kept by the state treasurer in a special and sepa-
27 rate fund to be known as the "bee inspection special fund."
28 SECTION 14. That Section 22-2536, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 22-253610. TAX ON BEES REGISTRATION -- ASSESSMENT -- COLLECTION -- PRO-
31 CEEDS. (a1) There is hereby levied upon each beekeeper maintaining colonies
32 within the state of Idaho, a or desiring to move bees into the state, an
33 annual registration fee of ten dollars ($10.00) for up to fifty (50) colonies.
34 Each additional colony in excess of the first fifty (50) colonies shall be
35 assessed at the rate of ten cents (10¢) per colony. Hobbyist beekeepers are
36 exempt from registration under this section.
37 (b2) The tax registration fee assessed for colonies in excess of fifty
38 (50) colonies may be increased to not more than twenty cents (20¢) per hive or
39 colony per year, if approved by a majority of the beekeepers voting in a ref-
40 erendum held for the purpose of determining whether such levy of the tax reg-
41 istration fee shall or shall not be changed. If the levy of the tax registra-
42 tion fee is changed, the levy of the tax registration fee will continue annu-
43 ally at the changed rate until again changed by another referendum. Any resi-
44 dent of Idaho who is registered under this chapter as an Idaho beekeeper with
45 the Idaho department of agriculture may vote at such referendum. Any referen-
46 dum to be held for the purpose of changing the levy of such tax registration
47 fee shall be held at the annual meeting of the Idaho honey industry associa-
48 tion or any successor organization to this group.
5
1 (c3) Said tax registration fee shall be a lien upon all apicultural prod-
2 ucts, equipment, bees and property of the person owning or controlling such
3 bees and shall be prior to all other liens or encumbrances except liens which
4 are declared prior by operation of the statutes of this state.
5 SECTION 15. That Section 22-2538, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 22-253811. RULES. AND REGULATIONS. It is hereby made the duty of the
8 department of agriculture to make reasonable rules and regulations as neces-
9 sary for or as an aid to the effectuation of any provision of this act
10 chapter, and to prepare and cause to be printed suitable forms for the proper
11 administration of this act chapter.
12 SECTION 16. That Section 22-2539, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 22-253912. PENALTY FOR VIOLATIONS. (1) Any person who violates or fails
15 to comply with any of the provisions of this chapter shall be guilty of a mis-
16 demeanor and upon conviction thereof shall be fined not less than one hundred
17 dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned in
18 the county jail for not less than three (3) months nor more than twelve (12)
19 months or be subject to both such fine and imprisonment.
20 (2) Any person who violates or fails to comply with any of the provisions
21 of this chapter or any rules promulgated under this chapter may be assessed a
22 civil penalty by the department or its duly authorized agent of not more than
23 one hundred dollars ($100) for each offense and shall be liable for reasonable
24 attorney's fees. Assessment of a civil penalty may be made in conjunction with
25 any other department administrative action. No civil penalty may be assessed
26 unless the person charged was given notice and opportunity for a hearing pur-
27 suant to the Idaho administrative procedure act. If the department is unable
28 to collect such penalty or if any person fails to pay all or a set portion of
29 the civil penalty as determined by the department, it may recover such amount
30 by action in the appropriate district court. Any person against whom the
31 department has assessed a civil penalty under the provisions of this section
32 may, within thirty (30) days of the final action by the agency making the
33 assessment, appeal the assessment to the district court of the county in which
34 the violation is alleged by the department to have occurred. Moneys collected
35 for violation of a rule shall be remitted to the agricultural inspection
36 account.
37 (3) Any bees, colonies, equipment or hives, imported into this state by a
38 nonresident person, in violation of any provision of this chapter shall be
39 subject to seizure by the department. Any bees, colonies, equipment or hives
40 found on any property without the permission of the landowner or not identi-
41 fied with the owner's name, address, phone and registration numbers or found
42 to be in violation of this chapter or rules adopted by the department, shall
43 also be subject to seizure by the department. Any bees, colonies, equipment or
44 hives not claimed and brought into compliance with the provisions of this
45 chapter within ninety (90) days from the date of seizure may be sold at public
46 auction by a sealed bid.
47 (4) Nothing in this chapter shall be construed as requiring the director
48 to report minor violations for prosecution when he believes that the public
49 interest will be best served by suitable warnings or other administrative
50 action.
6
1 SECTION 17. That Section 22-2540, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 22-254013. REVIEW OF ACTION OF DIRECTOR. Any individual who has exhausted
4 all administrative remedies available within the department and who is
5 aggrieved by a final decision in a contested case is entitled to judicial
6 review in accordance with chapter 52, title 67, Idaho Code. The review may be
7 obtained by filing in the district court within thirty (30) days following the
8 action of the director a written petition praying that such action be set
9 aside. A copy of such petition shall forthwith be delivered to the director
10 and within thirty (30) days thereafter, the director shall certify and file in
11 the district court of the area affected a transcript of any record pertaining
12 thereto, including a transcript of evidence received at any hearing of refer-
13 endum. The district court shall give notice by United States mail, to the
14 director and to the petitioner or petitioners of the time and place at which
15 the court will hear such petition, at which time any interested party may be
16 heard. Upon completion of the hearing, the court shall affirm, set aside or
17 modify the action of the director, except that the finding of the director as
18 to the facts, if supported by substantial evidence, shall be conclusive.
STATEMENT OF PURPOSE
RS 15727
This legislation will remove the requirements for mandatory
inspections for honeybees, honeybee colonies and equipment from the
law. Hobbyist beekeepers are exempted from regulations and other
technical corrections are made.
This legislation further provides for the publication of the names and
phone numbers of bee keepers and location of bee hives to prevent
accidental poisoning of honey bees.
FISCAL IMPACT
Very little, if any fiscal impact.
Contact
Name: Rep. Lake
Phone: 332-1000
Mike Cooper, Dept. Of Ag.
STATEMENT OF PURPOSE/FISCAL NOTE H 493