View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1074...............................................by AGRICULTURAL AFFAIRS
DOMESTIC CERVIDAE - Amends and adds to existing law to provide for
licensing of domestic cervidae farms and ranches by the Division of Animal
Industries in the Department of Agriculture; to authorize certain
inspections; to provide for license suspension or revocation; and to revise
fee provisions.
02/02 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to Agric Aff
02/19 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 24-9-1, 1 Excused from voting
AYES -- Bair, Bastian, Broadsword, Cameron, Coiner, Corder,
Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Little, Lodge, McGee, McKague, McKenzie,
Richardson, Schroeder, Stegner
NAYS -- Bilyeu, Burkett, Kelly, Keough, Langhorst, Malepeai, Pearce,
Stennett, Werk
Absent and excused -- Andreason
Excused from voting -- Siddoway
Floor Sponsor - Corder
Title apvd - to House
02/26 House intro - 1st rdg - Held at Desk
03/14 Ref'd to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1074
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC CERVIDAE; AMENDING SECTION 25-3701, IDAHO CODE, TO PRO-
3 VIDE CORRECT TERMINOLOGY AND TO PROVIDE FOR LICENSING OF DOMESTIC CERVIDAE
4 FARMS AND RANCHES BY THE DIVISION OF ANIMAL INDUSTRIES; AMENDING SECTION
5 25-3704, IDAHO CODE, TO REVISE PROVISIONS RELATING TO RULEMAKING; AMENDING
6 CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
7 25-3704A, IDAHO CODE, TO PROVIDE FOR LICENSING OF DOMESTIC CERVIDAE FARMS
8 AND RANCHES; AMENDING SECTION 25-3705, IDAHO CODE, TO AUTHORIZE CERTAIN
9 INSPECTIONS AND TO PROVIDE FOR THE INSPECTION OF CERVIDAE RANCHES; AMEND-
10 ING SECTION 25-3706, IDAHO CODE, TO PROVIDE FOR LICENSE SUSPENSION OR
11 REVOCATION; AMENDING SECTION 25-3708, IDAHO CODE, TO REVISE FEE PROVI-
12 SIONS; TO PROVIDE FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 25-3701, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 25-3701. DOMESTIC CERVIDAE FARMING DEEMED AGRICULTURAL PURSUIT. It shall
17 be lawful for any person, association or corporation to breed, own or control
18 domestic cervidae, which are defined as fallow deer (dama dama), elk (cervus
19 elaphus) or reindeer (rangifer tarandus), but shall not include red deer
20 (urasian cervidaecervus elaphus) or any subspecies or hybrids thereof, and
21 hold such animal in captivity for breeding or other useful purposes on domes-
22 tic cervidae farms or ranches, provided the premises have been registered with
23 the division of animal industries. Provided however, on and after January 1,
24 2008, such farms or ranches shall be required to be licensed by the division
25 of animal industries. Reindeer (rangifer tarandus) shall not be held for
26 domestic purposes north of the Salmon River. For the purposes of all classifi-
27 cation and administration of the laws of the state of Idaho, and all adminis-
28 trative orders and rules pertaining thereto, the breeding, raising, producing,
29 harvesting or marketing of such animals or their products by the producer or
30 his agent shall be deemed an agricultural pursuit; such animals shall be
31 deemed livestock and their products shall be deemed agricultural products; the
32 persons engaged in such agricultural pursuits shall be deemed farmers,
33 cervidae farmers, cervidae breeders or cervidae ranchers; the premises within
34 which such pursuit is conducted shall be deemed farms, cervidae farms, or
35 cervidae ranches.
36 SECTION 2. That Section 25-3704, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 25-3704. RULES FOR REGISTERING PREMISES AND LICENSING -- REGULATION --
39 DISEASE PREVENTION. The administrator of the division of animal industries is
40 hereby authorized and empowered to make, promulgate, and enforce general and
41 reasonable rules not inconsistent with law, for the registration regulation of
2
1 domestic cervidae farms or ranch premises and ranches, including the licensing
2 of such farms and ranches, site specific fence adjustments pertaining to
3 ingress and egress on such farms and ranches, and for the prevention of the
4 introduction or dissemination of diseases among domestic cervidae of this
5 state, and to otherwise effectuate enforcement of the provisions of chapters
6 2, 3, 4, 6 and 37, title 25, Idaho Code, applicable to domestic cervidae.
7 SECTION 3. That Chapter 37, Title 25, 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 25-3704A, Idaho Code, and to read as follows:
10 25-3704A. LICENSES. On and after January 1, 2008, no person, association,
11 or corporation shall establish, conduct or maintain a domestic cervidae farm
12 or ranch in this state unless the cervidae farm or ranch is licensed. The
13 division of animal industries is authorized and empowered to regulate domestic
14 cervidae and license domestic cervidae farms and ranches. Upon receipt of an
15 application for license and the license fee, the division of animal industries
16 shall issue a license if the applicant meets the requirements established
17 under this chapter and rules promulgated pursuant to this chapter. The
18 license, unless previously suspended or revoked, shall be renewed annually by
19 the division of animal industries, without charge, upon approval of an annual
20 report containing such information and in such form as is prescribed by rule.
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 AND RANCHES. The division of animal
24 industries and any of its officers shall have the right authority, at any rea-
25 sonable time, to inspect any domestic cervidae farm or ranch, and may go upon
26 such farms and ranches or any part thereof where such animals are contained to
27 inspect and examine the same and any animals therein.
28 SECTION 5. That Section 25-3706, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 25-3706. VIOLATIONS -- CIVIL -- CRIMINAL -- PENALTIES FOR VIOLATIONS --
31 LICENSE SUSPENSION OR REVOCATION. (1) Failure to comply with provisions appli-
32 cable to domestic cervidae as set forth in chapters 2, 3, 4 and 6 of title 25,
33 Idaho Code, the provisions of this chapter, or rules promulgated thereunder,
34 shall constitute a violation. Civil penalties may be assessed against a viola-
35 tor as follows:
36 (a) A civil penalty as assessed by the department or its duly authorized
37 agent not to exceed five thousand dollars ($5,000) for each offense;
38 (b) Assessment of a civil penalty may be made in conjunction with any
39 other department administrative action.
40 (2) No civil penalty may be assessed against a person unless the person
41 was given notice and opportunity for a hearing pursuant to the Idaho adminis-
42 trative procedure act as set forth in chapter 52, title 67, Idaho Code.
43 (3) If the department is unable to collect an assessed civil penalty, or
44 if a person fails to pay all or a set portion of an assessed civil penalty as
45 determined by the department, the department may file an action to recover the
46 civil penalty in the district court of the county in which the violation is
47 alleged to have occurred. In addition to the assessed penalty, the department
48 shall be entitled to recover reasonable attorney's fees and costs incurred in
49 such action or on appeal from such action.
3
1 (4) A person against whom the department has assessed a civil penalty
2 under this section may, within thirty (30) days of the final agency action
3 making the assessment, appeal the assessment to the district court of the
4 county in which the violation is alleged to have occurred.
5 (5) Moneys collected pursuant to this section shall be deposited in the
6 state treasury and credited to the livestock disease control and T.B. indem-
7 nity fund.
8 (6) The imposition or computation of monetary penalties shall take into
9 account the seriousness of the violation, good faith efforts to comply with
10 the law, the economic impact of the penalty on the violator and such other
11 matters as justice requires.
12 (7) Nothing in this chapter shall be construed as requiring the director
13 to report minor violations when the director believes that the public interest
14 will be best served by suitable warnings or other administrative action.
15 (8) Any person, firm or corporation violating any of the provisions of
16 chapters 2, 3, 4 and 6, title 25, Idaho Code, this chapter, or rules promul-
17 gated thereunder by the division of animal industries, applicable to domestic
18 cervidae, shall be guilty of a misdemeanor, and upon conviction, shall be sub-
19 ject to a fine of not less than one hundred dollars ($100) nor more than five
20 thousand dollars ($5,000) for each offense.
21 (9) In addition to or in lieu of penalties provided for in this section,
22 in the event that a person, association, or corporation, whose domestic
23 cervidae farm or ranch is licensed pursuant to this chapter, violates the
24 rules promulgated under this chapter, the administrator of the division of
25 animal industries, Idaho department of agriculture, is authorized to suspend
26 or revoke the license of the domestic cervidae farm or ranch held by the per-
27 son, association or corporation. Proceedings under this subsection shall be
28 conducted in the manner provided for contested cases in chapter 52, title 67,
29 Idaho Code.
30 SECTION 6. That Section 25-3708, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 25-3708. FEES. There is hereby imposed, on domestic cervidae, a fee, not
33 to exceed five dollars ($5.00) per head per year and shall be due on January 1
34 of each year. This fee shall be set by rule. In addition to this fee, there is
35 hereby imposed a one (1) time fee of two hundred dollars ($200) to license a
36 domestic cervidae farm or ranch. Any domestic cervidae imported into the state
37 of Idaho after January 1 of each year shall also be assessed the fee described
38 in this section. The fee shall be used by the Idaho department of agriculture,
39 division of animal industries, for the prevention, control and eradication of
40 diseases of domestic cervidae, the inspection of domestic cervidae and domes-
41 tic cervidae farms or ranches, and administration of the domestic cervidae
42 program. All moneys collected under this provision shall be deposited in the
43 livestock disease control and tuberculosis indemnity fund and used for the
44 domestic cervidae program.
45 SECTION 7. SEVERABILITY. The provisions of this act are hereby declared
46 to be severable and if any provision of this act or the application of such
47 provision to any person or circumstance is declared invalid for any reason,
48 such declaration shall not affect the validity of the remaining portions of
49 this act.
50 SECTION 8. An emergency existing therefor, which emergency is hereby
51 declared to exist, this act shall be in full force and effect on and after its
4
1 passage and approval.
STATEMENT OF PURPOSE
RS 16832C1
The purpose of this proposed legislation is to provide a licensing
procedure for domestic cervidae farms or ranches. The proposed
legislation also allows for rules to be promulgated to address site
specific fence adjustments pertaining to ingress and egress on domestic
cervidae farms and ranches. The proposed legislation also implements
a one time fee of $200 to license a domestic cervidae farm or ranch
and requires any domestic cervidae imported into the state of Idaho
during the year to be subject to the annual per head assessment.
NO FISCAL IMPACT
No fiscal impact.
Contact: Senator Corder
Phone: 208-332-1000
Contact: Stan Boyd
Organization: Idaho Elk Breeders Assn.
Phone: 208-344-2271
STATEMENT OF PURPOSE / FISCAL NOTE S 1074