2008 Legislation
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SENATE BILL NO. 1313<br /> – Domestic cervidae importatn, felony

SENATE BILL NO. 1313

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S1313.............................by LANGHORST, STENNETT, ANDREASON, BILYEU
DOMESTIC CERVIDAE - Amends, repeals and adds to existing law relating to
domestic cervidae to provide that persons, associations or corporations
registered with the Division of Animal Industries prior to a specified date
may hold domestic cervidae in captivity for certain purposes; to provide
that importing domestic cervidae shall constitute a felony; and to provide
that shooting or spearing of domestic cervidae held in an enclosed area for
fee or other remuneration shall constitute a felony.

01/18    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to Res/Env

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1313

                         BY LANGHORST, STENNETT, ANDREASON, BILYEU

  1                                        AN ACT
  2    RELATING TO DOMESTIC CERVIDAE; AMENDING SECTION 25-3701, IDAHO CODE,  TO  PRO-
  3        VIDE  THAT PERSONS, ASSOCIATIONS OR CORPORATIONS REGISTERED WITH THE DIVI-
  4        SION OF ANIMAL INDUSTRIES PRIOR TO A  SPECIFIED  DATE  MAY  HOLD  DOMESTIC
  5        CERVIDAE  IN  CAPTIVITY FOR CERTAIN PURPOSES AND TO PROVIDE THAT IMPORTING
  6        OF DOMESTIC CERVIDAE SHALL CONSTITUTE A FELONY; REPEALING SECTION 25-3701,
  7        IDAHO CODE, RELATING TO DOMESTIC CERVIDAE FARMING DEEMED AGRICULTURAL PUR-
  8        SUIT; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A  NEW
  9        SECTION  25-3701,  IDAHO  CODE,  TO  PROVIDE FOR CERTAIN DOMESTIC CERVIDAE
 10        FARMING, TO PROVIDE THAT IMPORTING OF DOMESTIC CERVIDAE SHALL CONSTITUTE A
 11        FELONY AND TO PROVIDE THAT SHOOTING OR SPEARING OF DOMESTIC CERVIDAE  HELD
 12        IN  AN ENCLOSED AREA FOR FEE OR OTHER REMUNERATION SHALL CONSTITUTE A FEL-
 13        ONY; AMENDING SECTION 25-3706, IDAHO CODE, TO CLARIFY THE APPLICABILITY OF
 14        CERTAIN PENALTY PROVISIONS; PROVIDING SEVERABILITY; DECLARING AN EMERGENCY
 15        AND PROVIDING EFFECTIVE DATES.

 16    Be It Enacted by the Legislature of the State of Idaho:

 17        SECTION 1.  That Section 25-3701, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:

 19        25-3701.  DOMESTIC  CERVIDAE  FARMING  DEEMED AGRICULTURAL PURSUIT. (1) It
 20    shall be lawful for any person, association or corporation to  breed,  own  or
 21    control  domestic  cervidae, which are defined as fallow deer (dama dama), elk
 22    (cervus elaphus) or reindeer (rangifer tarandus), but shall  not  include  red
 23    deer  (urasian  cervidae)  or any subspecies or hybrids thereof, and hold such
 24    animal in captivity for breeding or other useful purposes on domestic cervidae
 25    farms or ranches, provided the premises have been registered with the division
 26    of animal industries on or before July 1, 2008. Reindeer  (rangifer  tarandus)
 27    shall  not  be  held  for domestic purposes north of the Salmon River. For the
 28    purposes of all classification and administration of the laws of the state  of
 29    Idaho,  and all administrative orders and rules pertaining thereto, the breed-
 30    ing, raising, producing, harvesting or marketing  of  such  animals  or  their
 31    products by the producer or his agent shall be deemed an agricultural pursuit;
 32    such  animals  shall  be  deemed  livestock and their products shall be deemed
 33    agricultural products; the persons engaged in such agricultural pursuits shall
 34    be deemed farmers, cervidae farmers, cervidae breeders or  cervidae  ranchers;
 35    the  premises  within  which  such pursuit is conducted shall be deemed farms,
 36    cervidae farms, or cervidae ranches.
 37        (2)  It shall constitute a felony, punishable pursuant to  the  provisions
 38    of  section  18-112, Idaho Code, for any person, association or corporation to
 39    import domestic cervidae from outside the state of Idaho.

 40        SECTION 2.  That Section 25-3701, Idaho Code, be, and the same  is  hereby
 41    repealed.

                                       2

  1        SECTION  3.  That  Chapter  37,  Title 25, Idaho Code, be, and the same is
  2    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  3    ignated as Section 25-3701, Idaho Code, and to read as follows:

  4        25-3701.  DOMESTIC  CERVIDAE FARMING DEEMED AGRICULTURAL PURSUIT -- SHOOT-
  5    ING OR SPEARING FOR FEE OR OTHER REMUNERATION PROHIBITED. (1) It shall be law-
  6    ful for any person, association or corporation  to  breed,    own  or  control
  7    domestic  cervidae,  which are defined as fallow deer (dama dama), elk (cervus
  8    elaphus) or reindeer (rangifer tarandus),  but  shall  not  include  red  deer
  9    (urasian  cervidae) or any subspecies or hybrids thereof, and hold such animal
 10    in captivity for breeding or other useful purposes on domestic cervidae  farms
 11    or  ranches,  provided  the premises have been registered with the division of
 12    animal industries on or before July  1,  2008.  Reindeer  (rangifer  tarandus)
 13    shall  not  be  held  for domestic purposes north of the Salmon River. For the
 14    purposes of all classification and administration of the laws of the state  of
 15    Idaho,  and all administrative orders and rules pertaining thereto, the breed-
 16    ing, raising, producing, harvesting or marketing  of  such  animals  or  their
 17    products by the producer or his agent shall be deemed an agricultural pursuit;
 18    such  animals  shall  be  deemed  livestock and their products shall be deemed
 19    agricultural products; the persons engaged in such agricultural pursuits shall
 20    be deemed farmers, cervidae farmers, cervidae breeders or  cervidae  ranchers;
 21    the  premises  within  which  such pursuit is conducted shall be deemed farms,
 22    cervidae farms, or cervidae ranches.
 23        (2)  It shall constitute a felony, punishable pursuant to  the  provisions
 24    of  section  18-112, Idaho Code, for any person, association or corporation to
 25    import domestic cervidae from outside the state of Idaho.
 26        (3)  No person, association or corporation breeding, owning or controlling
 27    domestic cervidae may allow the shooting or spearing of domestic cervidae held
 28    in an area enclosed by a fence or other barrier for a fee or  other  remunera-
 29    tion.  Any person, association or corporation violating the provisions of this
 30    subsection shall be guilty of a felony punishable pursuant to  the  provisions
 31    of  section 18-112, Idaho Code. For purposes of this section, "shooting" shall
 32    mean the discharge of any type of firearm or bow  and  arrow,  and  "spearing"
 33    shall  mean  the  use of any hand or mechanically propelled single or multiple
 34    pronged pike, blade or harpoon.

 35        SECTION 4.  That Section 25-3706, Idaho Code, be, and the same  is  hereby
 36    amended to read as follows:

 37        25-3706.  VIOLATIONS -- CIVIL -- CRIMINAL -- PENALTIES FOR VIOLATIONS. (1)
 38    Failure to comply with provisions applicable to domestic cervidae as set forth
 39    in  chapters  2,  3,  4  and 6 of title 25, Idaho Code, the provisions of this
 40    chapter, or rules promulgated thereunder, shall constitute a violation.  Civil
 41    penalties may be assessed against a violator as follows:
 42        (a)  A  civil penalty as assessed by the department or its duly authorized
 43        agent not to exceed five thousand dollars ($5,000) for each offense;
 44        (b)  Assessment of a civil penalty may be made  in  conjunction  with  any
 45        other department administrative action.
 46        (2)  No  civil  penalty may be assessed against a person unless the person
 47    was given notice and opportunity for a hearing pursuant to the Idaho  adminis-
 48    trative procedure act as set forth in chapter 52, title 67, Idaho Code.
 49        (3)  If  the department is unable to collect an assessed civil penalty, or
 50    if a person fails to pay all or a set portion of an assessed civil penalty  as
 51    determined by the department, the department may file an action to recover the
 52    civil  penalty  in  the district court of the county in which the violation is

                                       3

  1    alleged to have occurred. In addition to the assessed penalty, the  department
  2    shall  be entitled to recover reasonable attorney's fees and costs incurred in
  3    such action or on appeal from such action.
  4        (4)  A person against whom the department has  assessed  a  civil  penalty
  5    under    this  section may, within thirty (30) days of the final agency action
  6    making the assessment, appeal the assessment to  the  district  court  of  the
  7    county in which the violation is alleged to have occurred.
  8        (5)  Moneys  collected  pursuant to this section shall be deposited in the
  9    state treasury and credited to the livestock disease control and  T.B.  indem-
 10    nity fund.
 11        (6)  The  imposition  or computation of monetary penalties shall take into
 12    account the seriousness of the violation, good faith efforts  to  comply  with
 13    the  law,  the  economic  impact of the penalty on the violator and such other
 14    matters as justice requires.
 15        (7)  Nothing in this chapter shall be construed as requiring the  director
 16    to report minor violations when the director believes that the public interest
 17    will be best served by suitable warnings or other administrative action.
 18        (8)  Any  person,  firm  or corporation violating any of the provisions of
 19    chapters 2, 3, 4 and 6, title 25, Idaho Code, this chapter, or  rules  promul-
 20    gated  thereunder by the division of animal industries, applicable to domestic
 21    cervidae, shall be guilty of a misdemeanor, and upon conviction, shall be sub-
 22    ject to a fine of not less than one hundred dollars ($100) nor more than  five
 23    thousand dollars ($5,000) for each offense.
 24        (9)  The  penalty provisions in this section shall not apply to violations
 25    of subsection (2) or (3) of section 25-3701, Idaho Code.

 26        SECTION 5.  SEVERABILITY.  The provisions of this act are hereby  declared
 27    to  be  severable  and if any provision of this act or the application of such
 28    provision to any person or circumstance is declared invalid  for  any  reason,
 29    such  declaration  shall  not affect the validity of the remaining portions of
 30    this act.

 31        SECTION 6.  An emergency existing  therefor,  which  emergency  is  hereby
 32    declared  to  exist,  Sections  1 and 5 of this act shall be in full force and
 33    effect on and after passage and approval. Sections 2, 3  and  4  of  this  act
 34    shall be in full force and effect on and after July 1, 2010.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 17463

This legislation amends Title 25 of Idaho Code to place a
moratorium on the establishment of domestic cervidae farms, to
prohibit the further importation of domestic cervidae, and to ban
the shooting of domestic cervidae.



                                FISCAL IMPACT

There is no impact to the general fund.





Contact
Name: Sen. David Langhorst    332-1352
      Sen. John Andreason 
      Sen. Clint Stennett
      Sen. Diane Bilyeu


STATEMENT OF PURPOSE/FISCAL NOTE                          S 1313