2006 Legislation
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SENATE BILL NO. 1359 – Domestic cervidae/civil damages/whn

SENATE BILL NO. 1359

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S1359...............................................by AGRICULTURAL AFFAIRS
DOMESTIC CERVIDAE - Amends existing law relating to domestic cervidae to
provide for civil damages; to provide that any person committing certain
acts relating to domestic cervidae shall be guilty of a felony; to provide
for the mutual address of reasonable concerns between the Department of
Agriculture and the Department of Fish and Game relating to the domestic
farming of cervidae; to revise identification provisions; to provide for
the authority of the Division of Animal Industries relating to the
inspection of cervidae farms; and to provide that specified provisions of
law also apply to escaped domestic cervidae.
                                                                        
02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1359
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DOMESTIC CERVIDAE; AMENDING SECTION 25-1910, IDAHO CODE,  TO  PRO-
  3        VIDE  FOR  CIVIL DAMAGES RELATING TO DOMESTIC CERVIDAE AND TO PROVIDE THAT
  4        ANY PERSON COMMITTING CERTAIN ACTS RELATING TO DOMESTIC CERVIDAE SHALL  BE
  5        GUILTY  OF  A FELONY; AMENDING SECTION 25-3702, IDAHO CODE, TO PROVIDE FOR
  6        THE MUTUAL ADDRESS OF REASONABLE CONCERNS BETWEEN THE DEPARTMENT OF  AGRI-
  7        CULTURE AND THE DEPARTMENT OF FISH AND GAME RELATING TO THE DOMESTIC FARM-
  8        ING  OF CERVIDAE; AMENDING SECTION 25-3703A, IDAHO CODE, TO REVISE IDENTI-
  9        FICATION PROVISIONS; AMENDING SECTION 25-3705, IDAHO CODE, TO PROVIDE  FOR
 10        THE  AUTHORITY  OF  THE DIVISION OF ANIMAL INDUSTRIES OF THE DEPARTMENT OF
 11        AGRICULTURE RELATING TO THE INSPECTION OF  CERVIDAE  FARMS;  AND  AMENDING
 12        SECTION  25-3705A, IDAHO CODE, TO PROVIDE THAT SPECIFIED PROVISIONS OF LAW
 13        ALSO APPLY TO ESCAPED DOMESTIC CERVIDAE.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Section 25-1910, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        25-1910.  CIVIL  DAMAGES  AND  OTHER  PENALTIES  UPON  THEFT  OR  UNLAWFUL
 18    DESTRUCTION  OF  FURBEARING  ANIMALS  RAISED FOR COMMERCIAL PURPOSES, DOMESTIC
 19    CERVIDAE, OR LIVESTOCK. (1) In addition to the criminal penalties that may  be
 20    imposed upon a person convicted of theft or unlawful destruction of furbearing
 21    animals  raised  for commercial purposes, domestic cervidae, or livestock, the
 22    court shall assess civil damages against the defendant in any amount necessary
 23    to fully compensate the owner of the furbearing animals raised for  commercial
 24    purposes,  domestic cervidae, or livestock for his loss, which amount shall be
 25    paid to the owner, and any amount necessary  to  fully  compensate  any  trade
 26    association  which has paid out rewards which led to the arrest and conviction
 27    of the defendant in the particular case, which amount shall  be  paid  to  the
 28    trade association.
 29        (2)  Any  person  who  intentionally  and  without permission of the owner
 30    releases any furbearing animals raised for  commercial  purposes  or  domestic
 31    cervidae  is guilty of a felony and the court may assess civil damages against
 32    the defendant  in  any  amount  necessary  to  compensate  the  owner  of  the
 33    furbearing  animals raised for commercial purposes or domestic cervidae. Addi-
 34    tionally, any person who intentionally destroys or conspires  to  destroy  any
 35    paper  or  electronic record of a furbearing animal raised for commercial pur-
 36    poses or domestic cervidae shall be guilty of  a  felony  and  the  court  may
 37    assess  civil damages against the defendant in any amount necessary to compen-
 38    sate the owner of the furbearing animals raised  for  commercial  purposes  or
 39    domestic cervidae.
                                                                        
 40        SECTION  2.  That  Section 25-3702, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
                                           2
                                                                        
  1        25-3702.  TRANSFER OF FUNCTIONS FROM FISH AND GAME COMMISSION  TO  DEPART-
  2    MENT OF AGRICULTURE. All the functions of the fish and game commission and the
  3    department  of  fish  and game, which affect the breeding, raising, producing,
  4    marketing, or any other phase of the production or distribution,  of  domestic
  5    cervidae, or the products thereof, are hereby transferred to and vested in the
  6    department  of  agriculture  and  the  administrator of the division of animal
  7    industries; provided, that this act shall not limit or affect  the  powers  or
  8    duties  of the department of fish and game relating to nondomestic cervidae or
  9    the management and taking thereof, and provided further that the department of
 10    agriculture shall address the reasonable concerns of the  department  of  fish
 11    and  game,  respecting  and  the department of fish and game shall address the
 12    reasonable concerns of the department of agriculture, regarding  the  domestic
 13    farming of cervidae. as provided in section 36-106(e)(9), Idaho Code.
                                                                        
 14        SECTION  3.  That Section 25-3703A, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        25-3703A.  OFFICIAL  PERMANENT  IDENTIFICATION.  All   domestic   cervidae
 17    located  in Idaho shall be identified with two (2) types of official permanent
 18    identification. At least one (1) of  the  official  permanent  identifications
 19    shall  be  an  official identification and at least one (1) of the identifica-
 20    tions shall be visible from a minimum of one hundred fifty (150) feet.
                                                                        
 21        SECTION 4.  That Section 25-3705, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        25-3705.  INSPECTION  OF CERVIDAE FARMS. The division of animal industries
 24    and any of its officers shall have the  right  authority,  at  any  reasonable
 25    time, to inspect any domestic cervidae farm, and may go upon such farms or any
 26    part  thereof where such animals are contained to inspect and examine the same
 27    and any animals therein.
                                                                        
 28        SECTION 5.  That Section 25-3705A, Idaho Code, be, and the same is  hereby
 29    amended to read as follows:
                                                                        
 30        25-3705A.  ESCAPE  OF  DOMESTIC CERVIDAE. (1) It is the duty of the owners
 31    and operators of domestic cervidae farms or ranches to:
 32        (a)  Take all  reasonable  actions  to  prevent  the  escape  of  domestic
 33        cervidae located on such farms or ranches;
 34        (b)  Ensure  that perimeter fences and gates are built and maintained in a
 35        manner that will prevent the escape of domestic cervidae;
 36        (c)  Notify the division of animal industries upon the  discovery  of  the
 37        escape of domestic cervidae; and
 38        (d)  Take reasonable actions to bring under control domestic cervidae that
 39        escape.
 40        (2)  Notwithstanding any provision of law to the contrary, the division of
 41    animal  industries  or  its  agent  is authorized to take necessary actions to
 42    bring under control any domestic cervidae that have escaped the control of the
 43    owner or operator of the domestic cervidae farm or ranch  where  the  domestic
 44    cervidae were located.
 45        (3)  Any  domestic cervidae, that have escaped the control of the owner or
 46    operator of a domestic cervidae farm or ranch for more than  seven  (7)  days,
 47    taken  by  a  licensed  hunter in a manner which complies with title 36, Idaho
 48    Code, and the rules and proclamations  of the Idaho fish and  game  commission
 49    shall be considered a legal taking and neither the licensed hunter, the state,
                                                                        
                                           3
                                                                        
  1    nor  any  state  agency  shall  be liable to the owner for killing the escaped
  2    domestic cervidae.
  3        (4)  The provisions of sections 25-2118 and 25-2119, Idaho Code,  relating
  4    to  open range and animals lawfully on highways, and the provisions of chapter
  5    23, title 25, Idaho Code, relating to estrays, shall  also  apply  to  escaped
  6    domestic cervidae.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15807

The purpose of this proposed legislation is to provide for civil
damages and penalties relating to the unlawful release or
destruction of domestic cervidae.  The proposed legislation would
also provide for the mutual address of reasonable concerns
between the Idaho Department of Agriculture and the Idaho
Department of Fish and Game regarding the domestic farming of
cervidae.  The proposed bill also specifies that two types of 
permanent identification, of which at least one is an official
identification, is required on domestic cervidae and extends the
open range and estrays laws to cover escaped domestic cervidae.


 
                           FISCAL NOTE

There is no fiscal impact to the general budget.




Contact
Name: Stan Boyd, Idaho Elk Breeders Association 
Phone: 208-334-2271


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1359