This week is not only Presidents Day week but also Agriculture week at the statehouse.  Many agriculture groups will ascend on the Boise beltway including the Idaho Cattle Association board of directors.  Likewise, the Larry Branen Ag Summit, Agriculture Strolling Super, Governors Awards for Excellence in Agriculture, and Leadership Idaho Agriculture banquets are all on the list of events for this week.  However, the Prime Rib luncheon in the rotunda of the statehouse that ICA provides a has reputation rivaled by no others!  ICA board members get to see first-hand the link between the ranch house and the statehouse.

CAFO Improvement Fund H559 replaces H466 to make a fund available to support investments in environmental projects on CAFOs to improve livestock byproduct, waste, nutrient and water management, its land application and storage systems.  Currently, the Agricultural Best Management Practices (BMP) Fund, I.C. 39-3628A, supports investments in farm and ranch projects that improve water quality standards in impaired water bodies in Idaho.  Confined animal feeding operations (CAFOs) are not eligible for these projects because CAFOs do not directly discharge to water bodies.  This legislation would make CAFO’s eligible for funds to improve their nutrient management and establish a board that awards grants for the fund that currently is proposed by the governor to be $5 million.  H559 establishes a committee to review and award grants.  The legislation also clearly outlines criteria for the committee to use while selecting recipients of the grants.  H559 passed the full House of Representatives on 48-20 vote, with no votes primarily due to the Idaho Freedom Foundation’s opposition and scoring the bill a -3. 

Stopping, inspection, exception S1267 would clarify Idaho Transportation Department stopping and inspection authority at check stations (ports of entry, weigh stations, and temporary check stations) by exempting non-commercial vehicles under 26,000lbs.  This law change would more accurately reflect current practice, however, ICA brought up concerns about the need to be able to stop all trailers in the event of animal disease outbreaks, ongoing theft investigations, and training or routine checks.  Therefore, at the request of the livestock industry, language was added in this legislation to better enable a state-owned inspection station to require all trailers to stop at stations when requested to address our needs.  S1267 passed the Senate floor last week on a 35-0 vote.

State lands, exchange S1251 defines responsibilities of the Land Board when contemplating land exchanges with the federal government, and it provides for continuation of existing land uses subsequent to exchanges as approved by the Land Board. Upon land exchanges and transfer from federal to state ground, this legislation would ultimately require a permit be issued by the state instead of a lease so that it is consistent with the federal grazing preference.  It would, therefore, take said land out of the state’s subsequent competitive bid process.  ICA has not taken a position on this legislation, primarily due to a constitutional conflict with the bill. 

Taylor Grazing Act S1252 attempts to define grazing preference rights to clarify that grazing preferences are compensable property rights.  Additionally, require compensation for any lost preference as a taking of real property if there is a sale, exchange, or otherwise disposed of and conveyed to the state of state grazing lease/land.  S1252 provides more of an opinion piece that may not be able to accomplish its intent.  However, S1252 could strengthen a plaintiff’s claim of takings because the state can define what constitutes a state property right.  ICA has not taken a position on this legislation primarily due to the question of legal requisite.

Stockwater H608 further clarifies the procedure to be used by the State of Idaho prior to an order declaring certain stockwater rights to be forfeited under I.C. Sec. 42-222 for failure to put the rights to beneficial use.  H608 outlines the judicial process and provides a timeline to execute it under.  The legislation was printed and awaits a committee hearing in the House Resources Committee.

Department of Lands Ombudsman H587 would create a new Ombudsman position to the Idaho Department appointed by the governor to ensure new department hires have significant industry experience, provide instructions to appraisers, and select, hire, and oversee legal counsel and industry experts on behalf of the department.

Fences, Barbed Wire S1312 revises provisions for careless exposure of barbed wire fences, provisions regarding a property owner’s liability after receiving notice, and adjusts penalties.  A new draft is being circulated to tier the violation structure so a misdemeanor is not eligible for the second offense.  In laymen’s terms the bill would:

•  Add disrepair to careless exposure of barbed wire clause which is already in statute.
• Creates liability to repair after notice within 5 days, a change from the current 10 days.
• Changes 1st-time misdemeanor offense with $25 maximum penalty and creates three-tiered penalty structure for repeat violations within 5 years.