LEGISLATURE OF THE STATE OF IDAHO Sixty-seventh Legislature Second Regular Session - 2024 Moved by Schroeder Seconded by Harris IN THE HOUSESENATE OFSENATE REPRESENTATIVESAMENDMENT HOUSETO BILLH.B. NO.

712,NO. As Amended in the Senate BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO ESTRAYS;

AMENDING712 AMENDMENT TO SECTION 25-2301,1 IDAHOOn CODE,page TO1 REVISEof PROVI-the SIONSprinted REGARDINGbill, STRAYin ORline ESTRAY13, LIVESTOCK;delete "trespassing ".

AMENDINGAMENDMENT TO SECTION 25-2302,4 IDAHOOn CODE,page TO2, REVISEin Aline TIME18, REQUIREMENT;delete "up to";

AMENDINGin SECTIONline 25-2309,19, IDAHOdelete CODE,"up TOto"; REVISE PROVISIONS REGARDING CHARGES FOR CARE;

AMEND-and INGin CHAPTERline 23,21, TITLEdelete 25,"up IDAHOto". CODE, BY THE ADDITION OF A NEW SECTION 25-2313, IDAHO CODE, TO PROVIDE FOR CERTAIN PENALTIES AND DAMAGES FOR WILLFULLY AND WANTONLY ALLOWING ESTRAYS;

AND DECLARING AN EMERGENCY.

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

SECTION 1.

That Section 25-2301, Idaho Code, be, and the same is hereby amended to read as follows:

25-2301.

STRAY OR ESTRAY DEFINED.

Stray or estray means any livestock whose owner is unknown or cannot be located, or any livestock whose owner is known but who permits livestock to roam at large on public or private lands contrary to law or regulation and without permission.

Nothing in this chap - ter shall be construed to impair or diminish any protections, privileges, or immunities established pursuant to section 25-2118, Idaho Code.

SECTION 2.

That Section 25-2302, Idaho Code, be, and the same is hereby amended to read as follows:

25-2302.

DUTY OF SHERIFF OR BRAND INSPECTOR.

When a sheriff or brand inspector finds stray livestock or stray livestock are reported to him, he shall attempt to locate the owner and to notify the owner where the livestock may be found.

If the owner refuses to, or does not take possession of the livestock within five (5) three (3) days after being notified of the loca- tion of the livestock, or if the owner is unknown or cannot be located, the sheriff or brand inspector shall seize the livestock or have some person hold and care for the livestock on behalf of the sheriff or brand inspector and the sheriff or brand inspector shall proceed to sell the livestock at a lo- cal public livestock market as provided for by law to the highest bidder for cash, after giving at least fifteen (15) days public notice of the sale.

SECTION 3.

That Section 25-2309, Idaho Code, be, and the same is hereby amended to read as follows:

25-2309.

CHARGES FOR CARE, ADVERTISING AND SALE.

The sheriff, brand inspector, or person authorized by either of them to feed and care for stray livestock shall receive all actual expenses incurred;

but food and care shall not be charged at a rate to exceed two dollars ($2.00) five dollars ($5.00) per head per day for cattle and horses nor more than seventy-five cents (75¢) two dollars ($2.00) per head per day for other animals from the time that the sheriff or brand inspector is notified that the livestock has been taken up as estray has notified the livestock owner or individual who has control over the livestock that the livestock have been taken up as estray.

The sheriff or brand inspector or livestock market shall receive like costs for any time during which the livestock are in their posses- sion.

The sheriff or brand inspector may also charge and receive mileage and inspection fees for inspecting any estray livestock for the purpose of determining ownership of the livestock at the rates provided for by law or regulation.

Also, standard fees shall be payable for sale by the livestock market and for health and brand inspection and assessments or taxes for sale of livestock as provided for by law.

SECTION 4.

That Chapter 23, Title 25, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION , to be known and des- ignated as Section 25-2313, Idaho Code, and to read as follows:

25-2313.

WILLFULLY AND WANTONLY ALLOWING ESTRAYS -- DAMAGE.

(1) A per- son who willfully and wantonly allows livestock under his control to stray as defined in section 25-2301, Idaho Code, shall be:

guilty of an infraction and subject to a fine of two hundred fifty dollars ($250) for a first offense;

guilty of an infraction and a fine of five hundred dollars ($500) for a sec- ond offense within five (5) years of the first offense;

and guilty of a misde- meanor and a fine of seven hundred fifty dollars ($750) for a third or subse- quent violation within five (5) years of the previous violation.

(2) A person willfully and wantonly allows livestock to stray if he re- fuses to take possession of the livestock within three (3) days after being notified by the sheriff or brand inspector as provided in section 25-2302, Idaho Code.

(3) If such stray livestock enter and cause damage to any cultivated land as defined in section 18-7008, Idaho Code, then the owner of the live- stock may be charged at a rate not to exceed ten dollars ($10.00) per head per day for cattle and horses or at a rate not to exceed four dollars ($4.00) per head per day for other animals following notification from the sheriff or brand inspector to the individual who owns or controls the livestock.

Such damages shall be payable to the damaged party.