The Idaho 2023 legislative session has concluded, and agriculture, generally speaking, came out stronger through the process. Some of the bills and resolutions relating to agriculture are recapped here. For full text or to learn how your legislators voted, go to the Idaho Legislature website.
H0094 – Noxious Weeds
Amends existing law to revise provisions regarding county duties associated with certain notices. This legislation will amend Idaho Code Section 22-2405 to incorporate language that defines when the individual notice to a landowner to control and eradicate noxious weeds is deemed satisfied and served. This clarification would prevent absentee landowners from arguing that they were not present to receive service. Additionally, the clarification would prevent landowners from evading service.
Update: Signed by governor; effective July 1, 2023
H0095 – Commercial Feed
Amends existing law to clarify that animal remedies for certain animals that include ingredients from industrial hemp are not considered adulterated
Update: Signed by governor; effective July 1, 2023
H0207 – Deficiency Warrants
Relates to the appropriations to deficiency warrant funds for fiscal year 2023 for pest control, hazardous substance emergency response and waste tire disposal funds, and declaring an emergency
Update: Signed by governor; effective March 14, 2023
H0349a – Herd Districts
Amends existing law to provide that the owner of certain livestock shall not be liable for damage caused by such livestock that stray from an open range to a herd district unless the district is enclosed by fences, cattle guards or cattle gates. It also requires that any new herd districts created on or after July 1, 2023, must be enclosed by fences and cattle guards or gates.
Update: Signed by governor
H0377 – Agricultural Protection Areas
This legislation provides landowners with an additional option when considering preserving agricultural land in the state. The legislation adds a new chapter to the Idaho Land Use Planning Act that would provide the legislative authority for local units of government to receive applications from willing landowners to establish a land use designation, known as an Agricultural Protection Area. The process to review, approve or reject an application is outlined in the legislation.
Update: Introduced, first reading; filed in office of the chief clerk
HCR004 – Lava Ridge
States findings of the Legislature, expresses concern over the proposed Lava Ridge Project and supports a no-build option
Update: Adopted; delivered to secretary of state
S1031 – Property Exempt From Taxation
Amends existing law to provide that certain water rights and property of irrigation and canal companies exempt from taxation do not require certain approval. Idaho code provides an exemption from property taxes for certain properties owned by irrigation districts and canal companies. In most cases, applicable properties have been owned and operated by these entities for over a century. This bill would amend section 63-602(3)(a) to exclude these properties from the requirement to submit annual request for approvals to the county commissioners.
Update: Signed by governor; effective July 1, 2023
S1033 – Irrigation
Adds to existing law to provide for the appropriation of groundwater for supplemental irrigation use. In section 67-6537, Idaho’s legislature established the policy that encourages the continued use of surface water when there is a land use change under the land use planning act. Notwithstanding this statute, a recent court decision held that the director of the Idaho Department of Water Resources exceeded his authority by relying on this policy for purposes of conditioning new groundwater applications. This bill would provide clear authority to the director to condition new irrigation groundwater rights consistent with this policy.
Update: Signed by governor; effective July 1, 2023
S1036 – Raw Milk
Amends existing law to revise provisions regarding raw milk and raw milk products. “The acquisition of raw milk or raw milk products from cows, sheep or goats by an owner of a cow share, sheep share or goat share for use or consumption by the owner or members of the owner's household shall not constitute the sale or retail sale of raw milk or raw milk products and shall not be prohibited. The owner of a cow share, sheep share or goat share shall receive raw milk or raw milk products directly from the farm or dairy where the cow, sheep, goat or dairy herd is located.”
Update: Signed by governor; effective July 1, 2023
S1081 – Transportation
Amends and adds to existing law to provide for a restricted driver’s license. If enacted, the bill makes a restricted driver’s license available to all persons residing in Idaho. It is also an alternative to the Star Card, or Real ID, and would make available class D driving privileges to all persons who can verify their identity and that they live in Idaho. The restricted driver’s license would be issued by the Idaho Transportation Department, or other authorized vendors (including a county if it chooses to opt-in) and would have to be renewed every two years at a cost of $50. The restricted driver’s license would be limited to driving purposes only, it would have a distinguishable appearance, and conspicuous words of limitation to ensure the card is not used for voting, to purchase firearms, or to exercise any other rights or privileges reserved to citizens.
Update: Recommitted to State Affairs Committee
SCR102 – Agricultural Issues Study
Authorizes the Legislative Council to appoint a committee to undertake and complete a study of agricultural issues
Update: Referred to Agricultural Affairs
SCR103 – Rule Approval (Senate Agricultural Affairs and House Agricultural Affairs Committees)
States findings of the Legislature and approves fee rules of the Department of Agriculture, the Idaho Sheep and Goat Health Board, and the Division of Occupational and Professional Licenses reviewed by the Senate Agricultural Affairs Committee and the House Agricultural Affairs Committee
Update: Adopted; delivered to secretary of state
