STATUS : THIS BILL HAS PASSED THE HOUSE AND WILL BE HEARD IN SENATE AG AFFAIRS COMMITTEE ON 3/21.
This legislation would amend Idaho code to change the timeline for taking possession of trespassing livestock from 5 to 3 days, as well as amendment to the rate per head for expenses incurred by person or agency caring for the animals following notification by state law enforcement. Additionally, this bill adds to code to establish infraction and fee in the following levels: 1st offense- infraction & $250 fine, 2nd offense – infraction and $500 fine, 3rd offense – misdemeanor & $750 fine. You can read full bill text HERE.
Background: H0712 revises provisions surrounding stray/estray livestock. The code currently allows for notification of estray livestock with the requirement of possession be taken within 5 days. However, no ramifications exist for individuals who ‘willfully & wantonly’ allow livestock to trespass and cause damage. The term ‘willfully & wantonly’ is indicative of an intentional act of animal trespass to cause damage to another’s property. As part of the amendments to this section of code, timeframe for taking possession of animals is shortened to 3 days, as well as further refinement & updates around the cost of care for said animals ($5 per head for cattle), as well as definition of when the time clock starts, so to speak, which is the time from which the sheriff notifies the owner of the estray livestock. Further addition to this code includes establishment of infraction & fine structure as follows : 1st offense- infraction & $250 fine, 2nd offense – infraction and $500 fine, 3rd offense – misdemeanor & $750 fine. It is important to note that this bill specifically adds the notation that this will not impede or diminish any protections provided by Idaho’s open range law.
Why is this important to cattle producers in Idaho?
Cattle producers in Idaho receive essential protections as a result of open range law. This legislation seeks to add reasonable definition and penalties for those situations where intentional damage is being caused by trespassing animals, under the guise of protection via open range. There may be/have been instances where a party attempts to bypass the fence out requirement of the state and this bill’s intention is to further protect operators (by placement of the ‘guardrails’ in this bill language) from the misconception that estray animals are being intentionally allowed to stray & damage property.
Does ICA support this proposed bill?
Yes. Our members have resolved to protect and maintain Idaho’s open range and oppose any efforts to weaken them.
How do I take action?
You can participate in one of the below actions to have an impact as an individual. ICA will continue to submit comments on issues as a representative of its members, but this is a quick and easy way to submit comments as an individual.
THIS BILL HAS PASSED THE HOUSE AND WILL BE HEARD IN THE SENATE AG AFFAIRS COMMITTEE ON 3/21 AT 8AM.
