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POTATO COMMISSION - Repeals, adds to and amends existing law to revise the
powers and duties of the Potato Commission; to authorize and direct the
Potato Commission to disseminate certain information relating to commodity
facts and benefits; and to provide for the deposit of penalties.
02/13    House intro - 1st rdg - to printing
02/16    Rpt prt - to Agric Aff
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 63-0-7
      AYES -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,
      Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
      Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
      Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,
      Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
      Stevenson, Wills, Wood
      NAYS -- None
      Absent and excused -- Andersen, Crow, Eberle, Harwood, Roberts,
      Trail, Mr. Speaker
    Floor Sponsor - Field(23)
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Agric Aff
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Burtenshaw
    Title apvd - to House
03/18    To enrol - Rpt enrol - Sp signed
03/19    Pres signed - To Governor
03/23    Governor signed
         Session Law Chapter 188
         Effective: 03/23/04

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 683
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
 14    Be It Enacted by the Legislature of the State of Idaho:
 15        SECTION  1.  That  Section 22-1201, Idaho Code, be, and the same is hereby
 16    repealed.
 17        SECTION 2.  That Chapter 12, Title 22, Idaho Code, be,  and  the  same  is
 18    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 19    ignated as Section 22-1201, Idaho Code, and to read as follows:
 20        22-1201.  LEGISLATIVE INTENT. It is in the best interest of all the people
 21    of the state of Idaho that the abundant natural resources  of  Idaho  be  pro-
 22    tected, fully developed, and uniformly distributed. The potato industry is one
 23    of the agricultural industries that contributes to the economic welfare of the
 24    state. It is the purpose of this chapter to promote the public health and wel-
 25    fare  of the citizens of the state by providing means for the protection, pro-
 26    motion, study, research, analysis and development of markets relating  to  the
 27    growing and promotion of Idaho potato products and byproducts.
 28        SECTION  3.  That  Section 22-1207, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
 30        22-1207.  POWERS AND DUTIES OF COMMISSION. The powers and  duties  of  the
 31    commission shall include the following:
 32        (1.)  To  adopt  and from time to time alter, rescind, modify and/or amend
 33    all proper and necessary rules and orders for the exercise of its  powers  and
 34    the performance of its duties under this act chapter.
 35        (2.)  To contract and be contracted with.
 36        (3.)  To  employ  and  at  its  pleasure discharge an advertising manager,
 37    agents, advertising agencies personnel, and such other help as it deems neces-
 38    sary and to outline their powers and duties and fix their compensation.
 39        (4.)  To make in the name of the commission such advertising contracts and
 40    other agreements as may be necessary.
  1        (5.)  To keep books, records and accounts of all its doings, which  books,
  2    records  and  accounts  shall be open to inspection by the state controller at
  3    all times.
  4        (6.)  To purchase or authorize the purchase of all  office  equipment  and
  5    supplies  and to incur all other reasonable and necessary expenses and obliga-
  6    tions in connection with and required for the proper carrying out of the  pro-
  7    visions of this act chapter.
  8        (7.)  To  cooperate  with  any  local,  state  or national organization or
  9    agency, whether voluntary or created by the law of any state,  or  the  United
 10    States government, engaged in work or activity similar to the work and activi-
 11    ties  of  the commission, and to enter into contracts and agreements with such
 12    organizations or agencies for carrying on a joint campaign of research, educa-
 13    tion, product protection, promotion and reciprocal enforcement of these objec-
 14    tives.
 15        (8)  To investigate and prosecute in the name of the state of Idaho viola-
 16    tions of this chapter or any suit or action for the collection of fees,  taxes
 17    or  penalties  as hereinafter provided, or to protect brands, marks, packages,
 18    brand names, trademarks, certification marks or  other  intellectual  property
 19    rights being promoted or used by the commission.
 20        (9)  To lease, purchase or own the real or personal property deemed neces-
 21    sary in the administration of this chapter.
 22        (10) To  define  and describe such grade or grades of potatoes that may be
 23    advertised in accordance with the provisions of this act chapter.
 24        8.(11) To define and  designate  the  character  of  the  brands,  labels,
 25    stencils, or other distinctive marks under which said potatoes may be marketed
 26    promoted  in  order  to secure the greatest returns to producers. and meet the
 27    requirements of their advertising campaign.
 28        9.(12) To devise and require the application  of  either  a  seal,  label,
 29    brand, package, or any other suitable device that will protect the identity of
 30    the original Idaho pack of potatoes as near to the final consumer as possible.
 31        10.(13) Whenever  and  wherever it deems it to be necessary the commission
 32    shall use its offices to prevent any substitution of other potatoes for  Idaho
 33    potatoes  and to prevent the misrepresentation, mislabeling or the misbranding
 34    of Idaho potatoes at any and all times at any and all points where  they  dis-
 35    cover the same is being done and to require the disclosure of the growing area
 36    of origin upon potato containers by all persons doing business in the state of
 37    Idaho.
 38        11.(14) To require all those using any of the Idaho potato trade or certi-
 39    fication  marks, or handling or packing potatoes grown in Idaho, to execute an
 40    agreement in the form prescribed by the commission to ensure  compliance  with
 41    the provisions of this chapter.
 42        12.(15) To  devise a suitable system for tracking shipments of Idaho pota-
 43    toes and Idaho potato products to prevent the  misrepresentation,  mislabeling
 44    or the misbranding of Idaho potatoes.
 45        13.(16) To  prevent the unlicensed use of the Idaho potato trade or certi-
 46    fication marks including, but not limited to,  the  marks  "Grown  in  Idaho,"
 47    "Famous Idaho Potatoes" and "Idaho Potatoes."
 48        14.(17) To  make,  conduct  or carry on studies and research in connection
 49    with the raising, production and marketing promotion  of  potatoes,  including
 50    study  and research dealing with the industrial and other uses of potatoes and
 51    their by-products byproducts, and the extension and stabilization  of  markets
 52    for  such  commodities; to disseminate information with  respect to such study
 53    and research as a part of the commission's advertising,  publicity  and  sales
 54    promotional  activities  authorized by this act chapter and to assist, aid and
 55    educate growers, dealers and handlers in the raising, production and marketing
  1    promotion of potatoes.
  2        15.(18) To require all persons with  their  principal  place  of  business
  3    located  in  the  state  of  Idaho  to  pay a one hundred dollar ($100) annual
  4    license fee for use of any Idaho potato trade or  certification  mark  and  to
  5    require all persons with their principal place of  business located outside of
  6    the state of Idaho to pay a three hundred dollar ($300) annual license fee for
  7    use of any Idaho potato trade or certification mark.
  8        For  the accomplishment of such ends the commission is hereby empowered to
  9    employ the necessary persons or contract for the performance of required  ser-
 10    vices;  to  cooperate  with any organization of growers in this state, whether
 11    organized by authority of law or voluntary, engaged  in  carrying  on  similar
 12    activities  and to participate jointly with any such organization, by contract
 13    or otherwise, in financing such study and research or paying for  the  employ-
 14    ment  of persons or services required or in carrying out projects and programs
 15    as herein contemplated; provided, however, expenditures authorized by the com-
 16    mission for the purposes herein mentioned shall not exceed an amount equal  to
 17    twelve  and one-half percent (12 1/2%) of the tax collected on potatoes levied
 18    and imposed pursuant to section 22-1211, Idaho Code.
 19        Provided, further, that none of the powers specified in subsection 14.(17)
 20    of this section shall be exercised, and no expenditure of revenue as  provided
 21    in  subsection  14.(17)  of  this  section shall be authorized except upon the
 22    affirmative vote of six (6) or more of the members of the commission.
 23        16.(19) The commission, in furtherance of its duties under this act  chap-
 24    ter  and under its rules, shall have the power to administer oaths, certify to
 25    official acts and to issue subpoenas for the attendance of witnesses  and  the
 26    production of papers, books, accounts, documents and testimony. The commission
 27    may,  if  a  witness  refuses  to  attend or testify, or to produce any papers
 28    required by such subpoenas, report to the district court in and for the county
 29    in which the proceeding is pending, by petition, setting forth that due notice
 30    has been given of the time and place of attendance of said witnesses,  or  the
 31    production  of  said  papers, that the witness has been properly summoned, and
 32    that the witness has failed and  refused  to  attend  or  produce  the  papers
 33    required  by  this  subpoena  before  the commission, or has refused to answer
 34    questions propounded to him in the course of  said  proceedings,  and  ask  an
 35    order  of  said court compelling the witness to attend and testify and produce
 36    said papers before the commission. The court, upon the petition of the commis-
 37    sion, shall enter an order directing the witness to appear before the court at
 38    a time and place to be fixed by the court in such order, the time  to  be  not
 39    more  than  ten (10) days from the date of the order, and then and there shall
 40    show cause why he had not attended  and  testified  or  produced  said  papers
 41    before the commission. A copy of said order shall be served upon said witness.
 42    If it shall appear to the court that said subpoena was regularly issued by the
 43    commission  and  regularly  served,  the court shall thereupon order that said
 44    witness appear before the commission at the  time  and  place  fixed  in  said
 45    order,  and  testify or produce the required papers. Upon failure to obey said
 46    order, said witness shall be dealt with for contempt of court.  Provided  that
 47    in  proceedings  before the commission where evidence is sought from witnesses
 48    who are not residents of this state, the commission is  authorized  to  obtain
 49    subpoenas  issued  by  the clerk of the district court. Subpoenas so requested
 50    shall be issued by the clerk of the district  court  under  the  seal  of  the
 51    court,  shall  state the name of the court and the title of the administrative
 52    action, and shall command each person to whom it is  directed  to  attend  and
 53    give  testimony at a time and place therein specified. Subpoenas shall be used
 54    only to require attendance of a witness at a deposition or hearing. The  clerk
 55    shall  issue  a  subpoena or a subpoena for the production of documentary evi-
  1    dence, signed and sealed but otherwise in blank, to a party requesting it, who
  2    shall fill it in before service.
  3        SECTION 4.  That Section 22-1208, Idaho Code, be, and the same  is  hereby
  4    amended to read as follows:
  6    BENEFITS -- PROMOTION. The commission shall plan and conduct  a  campaign  for
  7    commodity  advertising, publicity and sales promotion to increase the consump-
  8    tion of potatoes and may contract for any  advertising,  publicity  and  sales
  9    promotion  service. To accomplish such purpose the commission shall have power
 10    and it shall be the duty of the commission is authorized and directed to  dis-
 11    seminate information:
 12        (a)  Relating  to  potatoes  and  the importance thereof in preserving the
 13    public health, the economy thereof in the diet of the people  and  the  impor-
 14    tance thereof in the nutrition of children;
 15        (b)  Relating  to  the  manner,  method and means used and employed in the
 16    production, transportation, marketing promotion and grading of potatoes and to
 17    laws of the state regulating and safeguarding such production, transportation,
 18    marketing promotion and grading;
 19        (c)  Relating to the added cost to the producer and  dealer  in  producing
 20    and  handling  potatoes  to  meet the high standards imposed by the state that
 21    insure a pure and wholesome product;
 22        (d)  Relating to the effect upon the public health which would result from
 23    a breakdown of the Idaho potato industry;
 24        (e)  Relating to the reasons why producers and dealers  should  receive  a
 25    reasonable return on their labor and investment;
 26        (f)  Relating  to the problem of furnishing the consumer at all times with
 27    an abundant supply of fine quality of potatoes at reasonable prices;
 28        (g)  Relating to factors of instability peculiar to the vegetable industry
 29    in general, and the potato industry in particular, such as unbalanced  produc-
 30    tion,  effect of the weather, influence of consumer purchasing power and price
 31    relative to the cost of other items of food in the normal diet of people,  all
 32    to the end that an intelligent and increasing consumer demand may be created;
 33        (h)  Relating to the possibilities of increased consumption of Idaho pota-
 34    toes.;
 35        (i)  Relating  to  such other, further and additional information as shall
 36    tend to promote increased consumption of Idaho potatoes, as may foster a  bet-
 37    ter  understanding  and  more efficient cooperation between producers, dealers
 38    and the consuming public.;
 39        (j)  Relating to branding, labeling, stenciling, sealing or  packaging  to
 40    promote  and  use in all ways to advertise Idaho potatoes and to protect their
 41    identity as far as possible to the final consumer.
 42        SECTION 5.  That Section 22-1213, Idaho Code, be, and the same  is  hereby
 43    amended to read as follows:
 44        22-1213.  PENALTY  FOR VIOLATIONS. (1) Any person who shall violate or aid
 45    in the violation of any of the provisions of this chapter, any  rules  promul-
 46    gated  pursuant  thereto,  or  the  terms  of  any  licensing agreement may be
 47    assessed a civil penalty by the commission or its duly authorized agent of not
 48    more than one thousand dollars ($1,000) for each offense and a  civil  penalty
 49    of  not  more  than  one  thousand dollars ($1,000) for each day of continuing
 50    violation of such statute or rule or licensing agreement and shall  be  liable
 51    for investigatory costs and attorney's fees reasonably incurred by the commis-
  1    sion in connection with the violation.
  2        (2)  For purposes of this section, each container of potatoes in violation
  3    of this chapter, rules or any licensing agreement, shall constitute a separate
  4    violation for each day the container is in violation thereof.
  5        (3)  Procedure.  No  civil  penalty  may  be  assessed  unless  the person
  6    charged was given notice and opportunity for a hearing pursuant to chapter 52,
  7    title 67, Idaho Code. If the commission or its agent is unable to collect such
  8    civil penalty or if any person fails to pay all or a set portion of the  civil
  9    penalty  as determined by the commission or its agent, it may enforce its pen-
 10    alty by action in the appropriate district court. Any person against whom  the
 11    commission  or its agent has assessed a civil penalty pursuant to this section
 12    may, within twenty-eight (28) days of  the  final  agency  action  making  the
 13    assessment,  appeal  the  assessment  in accordance with chapter 52, title 67,
 14    Idaho Code.  All penalties collected pursuant to this section  shall  be  paid
 15    into  the  general  fund  of the Idaho advertising and development fund potato
 16    commission. Nothing contained in this section shall be deemed to preclude  the
 17    commission  from pursuing any other civil or criminal remedies available to it
 18    as provided by law.
 19        SECTION 6.  That Section 49-417C, Idaho Code, be, and the same  is  hereby
 20    amended to read as follows:
 21        49-417C.  FAMOUS  POTATOES  LICENSE  PLATES.  (1)  On and after January 1,
 22    2001, any person who is the owner of a vehicle registered under the provisions
 23    of section 49-402, Idaho Code, or registered under any other  section  of  law
 24    for  which  the purchase of special plates is allowed, may apply for and, upon
 25    department approval, receive special famous potatoes license plates in lieu of
 26    regular license plates. Availability of famous  potatoes  license  plates  for
 27    other  vehicles  shall be subject to the rules, policies and procedures of the
 28    department.
 29        (2)  In addition to the regular registration fee required  in  chapter  4,
 30    title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dol-
 31    lars  ($35.00)  for  the  initial  issuance of plates, and twenty-five dollars
 32    ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the
 33    initial fee and ten dollars ($10.00) of the renewal fee shall be deposited  in
 34    the state highway account and shall be used to fund the cost of administration
 35    of  this  special  license plate program. Twenty-five dollars ($25.00) of each
 36    initial fee and fifteen dollars ($15.00) of each renewal fee shall  be  trans-
 37    ferred  by the state treasurer to the Idaho potato commission created in chap-
 38    ter 12, title 22, Idaho Code, and shall be used exclusively for  the  purposes
 39    described in subsection 14.(17) of section 22-1207, Idaho Code.
 40        (3)  Whenever  title  or interest in a vehicle registered under the provi-
 41    sions of this section is transferred or assigned, the owner may  transfer  the
 42    special  plates to another vehicle upon payment of the required transfer fees.
 43    The owner may only display the plates on another vehicle upon receipt  of  the
 44    new registration from the department.
 45        (4)  The  famous  potatoes license plate shall be of a color and design in
 46    accordance with the provisions of section 49-402C,  Idaho  Code.  The  distin-
 47    guishing  feature of the license plate shall be a representation of a prepared
 48    Idaho potato with a melting pat of butter. The design and any  slogan  on  the
 49    plate shall be acceptable to the Idaho potato commission and shall be approved
 50    by  the  department  utilizing a numbering system as determined by the depart-
 51    ment. Initial costs of the plate program, including  costs  of  plate  design,
 52    shall be paid by the Idaho potato commission.
 53        (5)  Sample  famous  potatoes license plates may be purchased for a fee of
  1    thirty dollars ($30.00), ten dollars ($10.00) of which shall be  deposited  in
  2    the state highway account and twenty dollars ($20.00) of which shall be trans-
  3    ferred  to the Idaho potato commission. No additional fee shall be charged for
  4    personalizing sample plates.
  5        SECTION 7.  An emergency existing  therefor,  which  emergency  is  hereby
  6    declared to exist, this act shall be in full force and effect on and after its
  7    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 13974C1

This legislation updates the chapter of the Idaho Code that
governs the Idaho Potato Commission. Sections One and Two repeal
and replace the current Statement of Legislative Intent. The
replacement language is consistent with the language found in
statutes more recently passed by the Legislature governing other
Idaho commodity commissions. Throughout the legislation, "act" is
replaced with "chapter". Again, this is an update consistent with
modern legislative drafting. The first instance of this appears
in Section Three of the legislation. Section Three also adds
three additional provisions governing the powers and duties of
the Commission. These provisions are identical to sections found
in several other Idaho commodity commissions. These changes 
clarify the Commissions ability to work cooperatively with other
organizations engaged in similar work or activities as the
Commission, to bring actions to protect the marks owned or
administered by the Commission and to collect assessments, and to
lease or own real or personal property. The Commission has
performed these functions historically under its already existing
general powers and duties. This language only provides more
specific authority for the current activities of the Commission.
The remainder of the section eliminates references to marketing
and advertising and substitutes the concept of "promotion" in
their place.

This change again reflects the actual historical activities of
the Commission. These same changes are made in Section Four of
the legislation. Section Five eliminates a reference to a fund
that is no longer in use by the Commission and provides a correct
reference to the Commission's general fund.

                          FISCAL IMPACT


Name: Pat Kole, Idaho Potato Commission 
Phone: 334-2350