HOUSE BILL NO. 643

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Bill Status



H0643......................................................by STATE AFFAIRS
INVASIVE SPECIES ACT - Adds to existing law to provide for the Invasive
Species Act of 2008.

03/13    House intro - 1st rdg - to printing
03/14    Rpt prt - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
      Ruchti, Rusche, Sayler, Shepherd(02), Shepherd(08), Shirley, Shively,
      Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Trail,
      Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Bradford, Moyle, Roberts, Schaefer
    Floor Sponsor - Anderson
    Title apvd - to Senate
03/19    Senate intro - 1st rdg - to Res/Env
03/27    Rpt out - rec d/p - to 2nd rdg
03/28    2nd rdg - to 3rd rdg
03/31    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon(Gannon), Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Burkett, McKenzie, Pearce
    Floor Sponsor - Keough
    Title apvd - to House
04/01    To enrol/Rpt enrol - Sp signed - Pres signed
04/02    To Governor
04/09    Governor signed
         Session Law Chapter 387
         Effective: 04/09/08

Bill Text




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

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 643

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO INVASIVE SPECIES; AMENDING TITLE 22, IDAHO CODE, BY  THE  ADDITION
  3        OF  A NEW CHAPTER 19, TITLE 22, IDAHO CODE, TO PROVIDE A TITLE, TO PROVIDE
  4        FINDINGS OF THE LEGISLATURE, TO  PROVIDE  FOR  ADMINISTRATION,  TO  DEFINE
  5        TERMS,  TO  PROHIBIT CERTAIN ACTIONS AND TO PROVIDE EXCEPTIONS, TO PROVIDE
  6        FOR DUTIES OF THE DEPARTMENT  AND  DIRECTOR,  TO  PROVIDE  FOR  RULES  AND
  7        ORDERS,  TO PROVIDE FOR INSPECTIONS, TO PROVIDE FOR THE DISPOSITION OF IN-
  8        VASIVE SPECIES, TO PROVIDE FOR HOLD ORDERS, TO PROVIDE  FOR  THE  INVASIVE
  9        SPECIES FUND, TO PROVIDE FOR CONTROL AND ERADICATION COSTS, TO PROVIDE FOR
 10        PENALTIES, TO PROVIDE FOR COOPERATIVE AGREEMENTS, TO AUTHORIZE THE DEPART-
 11        MENT  TO  CONDUCT  CERTAIN  CONTROL MEASURES, TO PROVIDE FOR DELEGATION OF
 12        CERTAIN AUTHORITY BY THE DEPARTMENT, TO CLARIFY THAT DESIGNATED PROVISIONS
 13        SHALL NOT TERMINATE OR  MODIFY  EXISTING  CIVIL  OR  CRIMINAL  LIABILITIES
 14        RELATING  TO  PLANT  PESTS,  TO  PROVIDE THAT CERTAIN PERSONS AND ENTITIES
 15        SHALL BE HELD HARMLESS IN RELATION TO IMPLEMENTATION OF DESIGNATED  PROVI-
 16        SIONS AND TO PROVIDE FOR SEVERABILITY; AND DECLARING AN EMERGENCY.

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

 18        SECTION  1.  That Title 22, Idaho Code, be, and the same is hereby amended
 19    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 20    ter 19, Title 22, Idaho Code, and to read as follows:

 21                                      CHAPTER 19
 22                        THE IDAHO INVASIVE SPECIES ACT OF 2008

 23        22-1901.  TITLE.  This  chapter shall be known as "The Idaho Invasive Spe-
 24    cies Act of 2008."

 25        22-1902.  LEGISLATIVE FINDINGS. The legislature finds that:
 26        (1)  The purpose of this chapter is to  address  the  concerns  about  the
 27    increasing  threat of invasive species by providing policy direction, planning
 28    and authority to combat invasive species infestations throughout the state and
 29    to prevent the introduction of new species that may be harmful;
 30        (2)  The land, water and other  resources  of  Idaho  are  being  severely
 31    affected by invasions of an increasing number of harmful, invasive species;
 32        (3)  These invasions are damaging Idaho's environment and causing economic
 33    hardships;
 34        (4)  Idaho  is  a national leader in the control of invasive species, par-
 35    ticularly noxious weeds and agricultural pests, and has a  strong  network  of
 36    local,  state, federal, tribal and private entities actively and cooperatively
 37    combating the threat;
 38        (5)  Prevention, early detection, rapid response and eradication  are  the
 39    most  effective  and  least costly strategies against invasive species because
 40    they combat new invasions before they expand beyond feasible control;
 41        (6)  Implementing these strategies requires the state of Idaho to enhance

                                       2

  1    its capacity to prioritize risks, prevent new invasions, employ  early  detec-
  2    tion and rapid response techniques, apply state of the art control and manage-
  3    ment  strategies,  coordinate  multiple public and private efforts and involve
  4    the public;
  5        (7)  An effective invasive species program must foster and  support  local
  6    initiatives; and
  7        (8)  The multitude of public and private entities with an interest in con-
  8    trolling and preventing the spread of harmful invasive species in Idaho need a
  9    mechanism  for  cooperation  and  collaboration to meet the threat of invasive
 10    species.

 11        22-1903.  ADMINISTRATION. This chapter shall be administered by the  Idaho
 12    state department of agriculture.

 13        22-1904.  DEFINITIONS.  Unless otherwise noted in this chapter the defini-
 14    tions as set forth in section 22-2005, Idaho Code, are adopted by reference.
 15        (1)  "Environmental harm" means to cause significant  adverse  effects  on
 16    uses of natural resources or on plants or animals.
 17        (2)  "Invasive species" means species not native to Idaho, including their
 18    seeds,  eggs,  spores, larvae or other biological material capable of propaga-
 19    tion, that cause economic or environmental harm and are capable  of  spreading
 20    in  the  state.  "Invasive  species"  does  not include crops, improved forage
 21    grasses, domestic livestock, or other beneficial nonnative organisms.

 22        22-1905.  PROHIBITED ACTIONS. No  person  may  import,  export,  purchase,
 23    sell,  barter,  distribute, propagate, transport or introduce an invasive spe-
 24    cies into or within the state of Idaho and no person may possess  an  invasive
 25    species, except:
 26        (1)  Under a permit issued by the director;
 27        (2)  When  being transported to an appropriate state authority, or another
 28    destination as such authority may direct, in a sealed container  for  purposes
 29    of identifying the species or reporting the presence of the species;
 30        (3)  When  being  transported  for disposal as part of an approved control
 31    activity under a permit issued pursuant to section 22-1906, Idaho Code;
 32        (4)  When the specimen has been lawfully acquired dead and, in the case of
 33    plant species, all seeds are removed or are otherwise rendered nonviable;
 34        (5)  In the form of herbaria or other preserved specimens, so long as such
 35    specimens are rendered nonviable; or
 36        (6)  As the director may otherwise prescribe by rule.

 37        22-1906.  DUTIES OF THE DEPARTMENT AND DIRECTOR. The department  may  pre-
 38    vent  and  control,  by such means as shall be prescribed and provided by law,
 39    rule or by order of the department, all invasive species that may  cause  eco-
 40    nomic or environmental harm to the state. The director shall:
 41        (1)  After due investigation, report the detection of new invasive species
 42    within the state to the appropriate state and federal officials;
 43        (2)  Issue  permits for the transport or possession of an invasive species
 44    into, within or through the state of Idaho. Permits shall include requirements
 45    to ensure the containment of that species, as may be prescribed in rule.
 46    These duties shall not usurp existing provisions of the Idaho  Code,  programs
 47    that  deal  with  invasive  species  issues, or the individual missions of any
 48    state agency or duplicate efforts existing upon passage of this act.

 49        22-1907.  RULES AND ORDERS. The director is hereby authorized  to  promul-
 50    gate  rules  necessary for the efficient enforcement of the provisions of this

                                       3

  1    chapter. Rulemaking authority shall include, but not be limited to, the deter-
  2    mination of which species are invasive and the establishment of procedures for
  3    testing, sampling, inspection, certification, permitting, compliance verifica-
  4    tion and recordkeeping. The director may by written order designate a  species
  5    as  invasive  until  such time as it may be added to the official rules of the
  6    department.

  7        22-1908.  AUTHORITY TO CONDUCT INSPECTIONS. (1) In order to accomplish the
  8    purposes of this chapter, the director may enter upon and inspect  any  public
  9    or  private premises, lands, bodies of water, or means of conveyance, or arti-
 10    cle of any person within this state, for the purpose of inspecting, surveying,
 11    treating, controlling, collecting samples, or destroying any invasive species.
 12        (2)  The director may establish check stations at points of entry  to  the
 13    state,  or  other  facilities  and sites throughout the state, as necessary to
 14    carry out the provisions of this chapter.

 15        22-1909.  DISPOSITION OF INVASIVE SPECIES. The director is  authorized  to
 16    seize,  decontaminate or destroy any invasive species found in this state from
 17    public or private ownership or control as necessary to carry  out  the  provi-
 18    sions of this chapter.

 19        22-1910.  HOLD  ORDER.  The  director may issue hold orders to take prompt
 20    regulatory action in invasive species emergencies on any  article,  commodity,
 21    vehicle  or  other means of transportation entering this state in violation of
 22    this chapter or rules promulgated hereunder.

 23        22-1911.  INVASIVE SPECIES FUND. There is hereby established in the  state
 24    treasury an invasive species fund.
 25        (1)  The fund shall receive such appropriations as deemed necessary by the
 26    governor and the legislature to accomplish the goals of this chapter. The fund
 27    shall  also  receive moneys from the collection of reasonable fees for permits
 28    or as otherwise required by this chapter or rules promulgated  hereunder.  The
 29    fund  may  also  receive,  at  the discretion of the director, moneys from any
 30    other lawful source including, without  limitation,  fees,  penalties,  fines,
 31    gifts, grants, legacies of money, property, securities or other assets, or any
 32    other source, public or private.
 33        (2)  Moneys  in the invasive species fund are subject to appropriation for
 34    the purposes of this chapter. The fund shall be  used  to  support  activities
 35    related  to the prevention, detection, control and management of invasive spe-
 36    cies in Idaho.
 37        (3)  All interest or other income accruing from moneys  deposited  to  the
 38    fund  shall be redeposited and accrue to the fund. Any unexpended balance left
 39    in the fund at the end of any fiscal year shall carry forward  without  reduc-
 40    tion to the following fiscal year.

 41        22-1912.  CONTROL AND ERADICATION COSTS -- DEFICIENCY WARRANTS -- COOPERA-
 42    TION  WITH  OTHER ENTITIES AND CITIZENS. Whenever the director determines that
 43    there exists the threat of an infestation of an  invasive  species  on  state-
 44    owned  land  or water, private, forested, range or agricultural land or water,
 45    and that the infestation is of such a character  as to be a menace  to  state,
 46    private, range, forest or agricultural land or water, the director shall cause
 47    the  infestation  to  be  controlled and eradicated, using such moneys as have
 48    been appropriated or may hereafter be made available for such  purposes.  Pro-
 49    vided  however,  that whenever the cost of control and eradication exceeds the
 50    moneys appropriated or otherwise available for that purpose, the  state  board

                                       4

  1    of  examiners  may  authorize  the issuance of deficiency warrants against the
  2    general fund for up to five million dollars ($5,000,000) in any one  (1)  year
  3    for  such  control and eradication. Control and eradication costs may include,
  4    but are not limited to, costs for survey, detection, inspection,  enforcement,
  5    diagnosis,  treatment and disposal of infected or infested materials, cleaning
  6    and disinfecting of infected premises or vessels and indemnity paid to  owners
  7    for  infected  or  infested  materials destroyed by order of the director. The
  8    director, in executing the provisions of this chapter insofar as it relates to
  9    control and eradication, shall have the authority to cooperate  with  federal,
 10    state, county and municipal agencies and private citizens in control and erad-
 11    ication  efforts;  provided, that in the case of joint federal/state programs,
 12    state moneys shall only be used to pay the state's share of the  cost  of  the
 13    control  and  eradication  efforts. Such moneys for which the state shall thus
 14    become liable shall be paid as a part of  the  expenses  of  the  Idaho  state
 15    department of agriculture out of appropriations that shall be made by the leg-
 16    islature for that purpose from the general fund of the state. In all appropri-
 17    ations  hereafter  made for expenses of the department, account shall be taken
 18    of and provision made for this item of expense.

 19        22-1913.  PENALTIES FOR VIOLATIONS. (1) Any person who knowingly  violates
 20    any  provision of this chapter, or of the rules promulgated hereunder for car-
 21    rying out the provisions of this chapter, or who fails or  refuses  to  comply
 22    with any requirements herein specified, or who interferes with the department,
 23    its  agents,  designees  or  employees, in the execution, or on account of the
 24    execution of its or their duties under this chapter or rules promulgated here-
 25    under, shall be guilty of a misdemeanor and upon conviction thereof, shall  be
 26    fined  not  more  than  three  thousand dollars ($3,000) or be imprisoned in a
 27    county jail for not more than twelve (12) months or be subject  to  both  such
 28    fine and imprisonment.
 29        (2)  Any person who violates or fails to comply with any of the provisions
 30    of  this  chapter  or  any rules promulgated hereunder may be assessed a civil
 31    penalty by the department or its duly authorized agent of not  more  than  ten
 32    thousand dollars ($10,000) for each offense and shall be liable for reasonable
 33    attorney's fees.
 34        (a)  Assessment  of  a  civil  penalty may be made in conjunction with any
 35        other department administrative action.
 36        (b)  No civil penalty may be assessed unless the person charged was  given
 37        notice  and opportunity for a hearing pursuant to the Idaho administrative
 38        procedure act.
 39        (c)  If the department is unable to collect such penalty or if any  person
 40        fails  to  pay  all or a set portion of the civil penalty as determined by
 41        the department, it may recover such amount by action  in  the  appropriate
 42        district court.
 43        (d)  Any  person  against whom the department has assessed a civil penalty
 44        under the provisions of this section may, within twenty-eight (28) days of
 45        the final action by the agency making the assessment, appeal  the  assess-
 46        ment to the district court of the county in which the violation is alleged
 47        by the department to have occurred.
 48        (e)  All  civil  penalties  collected  pursuant  to  this section shall be
 49        remitted to the invasive species fund as authorized under section 22-1911,
 50        Idaho Code.
 51        (3)  Nothing in this chapter shall be construed as requiring the  director
 52    to  report  minor  violations for prosecution when he believes that the public
 53    interest will be best served by  suitable  warnings  or  other  administrative
 54    action.

                                       5

  1        22-1914.  COOPERATIVE  AGREEMENTS. (1) The department may enter into coop-
  2    erative agreements with persons and entities including, but  not  limited  to,
  3    civic  groups  and governmental agencies, to adopt and execute plans to detect
  4    and control areas infested with invasive species. Such cooperative  agreements
  5    may include provisions for funding to implement agreements.
  6        (2)  If  an invasive species occurs and cannot be adequately controlled by
  7    individual persons, owners, tenants or local units of government, the  depart-
  8    ment may conduct the necessary control measures independently or on a coopera-
  9    tive basis with federal or other units of government.
 10        (3)  The  department  shall  have  the  authority to delegate selected and
 11    clearly identified elements of its authorities and duties to another agency of
 12    the state with appropriate expertise or administrative  capacity  upon  mutual
 13    agreement  with  that agency. The department is authorized to enter into memo-
 14    randa of agreement with other state  agencies  to  implement  the  delegations
 15    authorized in this subsection. Such delegation may include provisions of fund-
 16    ing for implementation of the delegations. The department shall retain primary
 17    authority  and  responsibility  for  all  requirements  of this chapter unless
 18    otherwise directed herein.

 19        22-1915.  NO EFFECT ON EXISTING LIABILITY. The enactment of  this  chapter
 20    does not terminate or modify any civil or criminal liability relating to plant
 21    pests which exists prior to the effective date of this chapter.

 22        22-1916.  HOLD  HARMLESS.  Any  state or federal agency or contractor, its
 23    officers, agents and employees implementing or  enforcing  the  provisions  of
 24    this  chapter  shall be held harmless against all claims arising from the good
 25    faith enforcement and implementation of the provisions  of  this  chapter  and
 26    rules  promulgated  hereunder,  in  accordance with the Idaho tort claims act,
 27    chapter 9, title 6, Idaho Code.

 28        22-1917.  SEVERABILITY. The provisions of this act are hereby declared  to
 29    be  severable and if any provision of this act or the application of such pro-
 30    vision to any person or circumstance is declared invalid for any reason,  such
 31    declaration  shall  not  affect the validity of the remaining portions of this
 32    act.

 33        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 34    declared to exist, this act shall be in full force and effect on and after its
 35    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 18111

The intent of this legislation is to address the increasing threat of
invasive species in the State of Idaho, by providing policy direction,
planning and authority to combat invasive species infestations and to
prevent the introduction of invasive species.  A real and present
danger to the waterways of Idaho does exist from the threat of certain
invasive species including Quagga Mussels, and has prompted the need
to act with urgency to prevent their introduction.  This legislation
establishes certain prohibited actions, duties of the department of
agriculture and director, and authorizes the director to promulgate
rules and gives authority to conduct inspections and establish check
stations as necessary. Other duties include providing for hold orders,
invasive species fund, cooperative agreements, authorization to
conduct certain control measures, and hold harmless for certain
persons and entities in relation to implementation of designated
provisions. An emergency does exist.


                          FISCAL IMPACT

If necessary to implement certain measure of this legislation

Deficiency Warrants would be used for funding. 





Contact
Name: Representative Eric Anderson 
Phone: 208-610-1718


STATEMENT OF PURPOSE/FISCAL NOTE                         H 643