January 16, 2003
January 21, 2003
January 23, 2003
January 28, 2003
January 30, 2003
February 4, 2003
February 6, 2003
February 11, 2003
February 13, 2003
February 18, 2003
February 20, 2003 – Joint Meeting
February 25, 2003
February 27, 2003
March 4, 2003
March 6, 2003
March 11, 2003
March 13, 2003
March 20, 2003
March 25, 2003
March 27, 2003
April 1, 2003
April 2, 2003
April 3, 2003
DATE: | January 16, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
None |
CONVENED: | Chairman Williams called the meeting to order at 3:10pm. |
GUESTS: | Guests present were: Steve Johnson, IGPA; Brad Hoaglun, Idaho Alfalfa and Clover Seed Commission; Mike Hamby, IACSC; Jerri Jo Burger, Food Producers; Blaine Jacobson, Wheat Commission; Laura Johnson, ISDA; Patricia Dailey, Wheat Commission; Gary Grindstaff, SCC; J. Morgan Evans, SCC; Sara Braasch, Idaho Cattle Association; Jane McClaran, DFM; Kent Foster, IASCD; Mel Anderson, IPC; Bob Naerebout, IDA; Jerry Nicolescu, SCC; Patrick Kole, IPC; Mark Duffin, Idaho Sugarbeet Growers; Darrel McRoberts, ISDA. |
Introductions | Chairman Williams welcomed members of the Committee. He welcomed the Department people and commented that visitors are welcome to discuss matters and that the doors are always open. Chairman Williams also introduced Jama Porter the new Agricultural Affairs Committee secretary and Audrey Twiggs, the late Senator Twiggs granddaughter, who will serve as the Committee’s Page for the first half of the 2003 session. |
Gubernatorial Confirmation Hearings |
J. Morgan Evans appointee to the Idaho Soil Conservation Commission for a term expiring July 1, 2006 was introduced by Jerry Nicolescu of the Idaho Soil Conservation Commission. J. Morgan Evans of Downey, Idaho owns and operates Red Rock ranch in Southeast Idaho. His experience is in the financial field, with a degree in Agricultural Economics & Finance, and in the banking business for 12 years. He served on the Soil Conservation Board for 20 yrs in the Pocatello area. He has worked with the Idaho Cattle Association. He looks forward to working on conservation issues in Idaho. Discussion among the Committee members and Mr. Evans included the Senator Burtenshaw stated Mr. Evans had experience in dealing with Senator Stennett remarked that Idaho was not able to help out with |
Jerry Nicolescu introduced Gary Grindstaff who is being reappointed to the Idaho Soil Conservation Commission for a term expiring July 1, 2007. His background is in farming, he served at local level and state level in the ISCC. He served six years as director. He enjoyed serving on the Commission for the past five years and getting soil conservation districts working as good as they can. Discussion among the Committee members and Mr. Grindstaff pertaining Senator Stennett asked about improvement of water quality on the Middle Senate Noh stated that at the Twin Falls canal company annual meeting |
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Senator Stennett requested a list of the members and their political affiliations before the Committee votes on the Gubernatorial Appointees. |
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COMMISSION REPORT |
Blaine Jacobsen, Executive Director of the Idaho Wheat Commission was given the Floor for the purpose of making his financial report. Idaho ranks fifth among annual food production. Last year approximately 1.3 million acres of wheat yielded 90 million bushels in Idaho, this is the second lowest in the past decade. Growers pay $0.015 per bushel for reinvestment in the wheat industry and the Idaho Wheat Commission invests those funds in market development, research, and information and education. Idaho’s yield has doubled over 30 years due to development of better varieties of wheat by state researchers. Mr. Jacobson reported that seventy percent of Idaho’s wheat is exported to the world market. The world consumption of wheat exceeds production for the fourth consecutive year and there is increasing competition from the Former Soviet Union and the Black Sea. The IWC projects a total budget for 2004 of $1,835,000. Through wise investments in market development, research into more marketable varieties of wheat and educating growers on what to grow to be more competitive the IWC plans to strengthen Idaho’s farm industry. Handouts: Idaho Wheat Facts – Update 2002; “Varieties Increase Profit Senator Noh asked how the wheat industry, specifically the research and Senator Goedde asked how important the port of Portland is to the wheat Senator Noh asked about the shipping process in Lewiston and Portland Senator Schroeder asked about the world wheat market and their lack of |
Mel Anderson, Executive Director of the Idaho Potato Commission, was given the Floor for the purpose of making his financial report. For 2002-03 the budgeted revenues were $10,214,673 and the expenses were $9,970,570 with an excess of revenues over expenditures of $244,103 for the year end. Page 13 of the State of Idaho, Idaho Potato Commission Audited Financial Statements was referenced, a copy is available in the Agricultural Affairs office. Mr. Anderson commented on next year’s budget of revenues and expenditures of $10,659,000. Discussion among the Committee members and Mr. Anderson involved Senator Burtenshaw asked about a reserve account. Mr. Anderson The Commission’s financial report is on file in the Agricultural Affairs |
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Brad Hoaglun and Mike Hamby of the Idaho Alfalfa & Clover Seed Commission were given the Floor for the purpose of making the Commission’s financial report. Mr. Hoaglun commented that the IACSC provides research funds to develop and improve control measures for diseases and pests, works to improve alfalfa seed growing techniques, disseminates information to growers, and promotes Idaho-grown alfalfa seed. Idaho is the number one producer of dormant alfalfa seed in the nation. Handouts were provided and a copy is available in the Agricultural Affairs office. Mr. Hoaglun stated he has received negative feedback from the growers regarding the recommendation of the Governor’s Blue Ribbon task force, specifically recommendation number six. Mike Hamby, the IACSC Chairman and a producer from Parma, Idaho referred to the green page in the packet. He commented on the rapid decline in the market due to bankruptcy of the largest seed company in the world, and reported Canada is producing more alfalfa. Canada supplied 25% of dormant alfalfa seed for United States market. Other issues are FQPA, Food Quality Protection Act, requiring the registration of pesticides; the State Budget as it pertains to research & extension and with no entomologist in the state it is a big problem. The bulk of IACSC research goes toward pest control. A copy of the handouts are on file in the Agricultural Affairs secretary’s Discussion among Committee members and Mr. Hoaglun and Mr. Hamby |
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Adjournment | Chairman Williams adjourned the meeting at 4:50 pm. |
DATE: | January 21, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
Senator Noh |
CONVENED: | Chairman Williams called the meeting to order at 3:10pm. |
GUESTS: | Truman Kulitz, Idaho & Eastern Oregon Seed Association; Kelly Olson, Idaho Barley Commission; Dick Lawson, ISDA; Paul Stark, ISDA; Rex Rammell; Michael Cooper, ISDA; Laura Johnson, ISDA; John Chatburn, ISDA; Bob Hillman, ISDA; Karen Gustafson, Administrative Rules. |
Introduction | Chairman Williams welcomed the Committee members and guests. He asked the Committee Secretary to take a silent roll, and excused Senator Noh. |
Gubernatorial
Appointments |
Senator Stennett asked for unanimous consent to put off a vote of gubernatorial candidates until the next meeting. Senator Stennett requested further information regarding the Idaho Soil Conservation Commission. |
Commission Report |
Chairman Williams welcomed Kelly Olson from the Idaho Barley Commission. Ms. Olson stated that the fiscal year, FY, 2002 ended with a loss of $15, 441. In FY 2003 the approved budget is for $466,026, slightly above last years approved budget. Income is expected to be up 6.3% from FY 02 due to a larger crop. The majority of the budget goes towards research, market development and industry partnerships. Barley production is up 7.4% reporting 53.96 million bushels in 2002. There is a steady trend towards malting production because of the expansion of processing in the state for malting. There are two malting facilities in Idaho: Pocatello, Great Western Malting Company; Idaho Falls , Anheuser Busch, this facility is doubling in capacity. A new facility, Gmodelo, is being constructed in Idaho Falls. Idaho Barley prices are up 10% from last year and above national averages due to local demand. Ms. Olson also reported on the Commission’s program Barley Competitiveness Initiative which focuses on developing new markets (petitioning the USFDA to use a heart-health claim on foods containing barley) and providing effective risk management tools (improving barley crop insurance policies) as well as funding barley variety research. Discussion among the Committee members and Ms. Olson included: the A copy of the Idaho Barley Commission’s financial report is in the |
Senator Williams explained to the committee members that they would not be voting on the rules to be reviewed today; he then turned the meeting over to Vice Chairman Noble. |
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IDAHO DEPARTMENT OF AGRICULTURE |
John Chatburn, Deputy Administrator of Division of Animal Industries of the Idaho State Department of Agriculture, testified before the committee regarding the IDAPA 02 Pending Rules 02.04.03, 02.04.20, 02.04.21. |
Rules 02.04.03
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Rule 02.04.03 of the Department of Agriculture Governing Animal Industry, Docket No. 0202 is a repeal of obsolete sections and sections that have been transferred to new rules (page 30 of the Pending Rules Review). Rule 02.04.03 Docket No. 0204 this rule puts the National Poultry Rule 02.04.03 Docket No. 0205 regarding Trichomoniasis, page 58, a |
Rules 02.04.20 | IDAPA 02 Pending Rule 02.04.20 Rules of the Department of Agriculture Governing Brucellosis, Docket No. 0201 are a rewrite of the old Brucellosis rules in compliance with the changes of Brucellosis law passed by Legislature last session. The Rules were developed by Advisory Committee through a negotiated rule making process, Cattle Industry, private veterinarians, legislative entities involved. The main change is that the rule now lays out protocol on adult vaccination on animals over a year of age. When a herd is deemed to have Brucellosis, the ISDA quarantines them, tests them, if a reactor cattle is in herd the entire herd must be depopulated in 60 days, in order to maintain Brucellosis free status as federal government requires. ISDA, by statute, is required to remove from state or destroy any wild bison that enter the state of Idaho. In the early 1990’s when state became brucellosis free a change in the standards was made. Now treating brucellosis in cattle as an exotic disease to Idaho and the problem with wildlife complicates the situation, but the national standards say if state doesn’t eliminate the infected herd then state loses status. Only area ISDA has found Brucellosis in wild elk is in area adjacent to Yellowstone National Park and Wyoming. Brucellosis Rules pertain to all animals. |
02.04.21 | IDAPA 02 02.04.21 Pending Rules Governing the Importation of Animals Docket No. 0201 page 92 are changes ISDA made after the public comment period. Mr. Chatburn stated, “the ISDA did not do any negotiated rule making on animal import rules because initially all the Dept. was going to do was to pull the old rules out of 02.04.03 and put them in this separate chapter and update the cattle Brucellosis part to reflect the ability to adult vaccinate cattle. Various groups looked at the rules and thought that changes needed to be made, including legislative services and the Dept. made the changes that begin on page 92” (Pending Rule Review Manual). Mr. John Chatburn referenced page 99 Pending Rules Review 02.04.21 section 607 requiring, “that cervidae imported into Idaho be from herds that have been in a CWD (Chronic Wasting Disease) monitoring program for 60 months (5 years), or that they provide enough documentation under this exception, which is 02, that ISDA can conduct an investigation. If documentation is provided that verifies through state animal health officials in that state that: cervidae is from a closed herd, everything tested, no unexplained deaths that aren’t tested, then this rule allows Dept. to make an exception.” The documentation acceptable for granting exceptions are: “herd records, inventory records from the state animal health officials in the state, records citing the animals individual identification of what was slaughtered, what died and what was tested.” Dr. Bob Hillman, Administrator of Animal Industries Division of |
Testimony regarding Rule 02.04.21-0201, section |
Rex Rammell, a veterinarian from Rexburg who specializes in elk and has a game ranch in Madison County was given the Floor to testify about domestic cervidae import rules. Mr. Rammell supplied the Committee members with a handout entitled “Chronic Wasting Disease” as well as a copy of a letter authored by him addressed to John Chatburn, ISDA, dated July 2002. A copy of these handouts are on file in the Agricultural Affairs Committee secretary’s office. Mr. Rammell explained that the letter was written because time ran out to negotiate the rules on importation of domestic cervidae. Mr. Rammell participated in the six sessions over which the ISDA negotiated the general cervidae rule. He feels that, “the importation rules as written and that became enforceble July 1, 2002 represent a De Facto Moratorium on importation of elk and prevent our right to fair market interstate commerce.” He stated that if he can’t import elk than he is out of business. He has not tried to go through the ISDA for an exception to the Import Rule. Mr. Rammell would be pleased if the Pending Rule 02.04.21 Docket No. 02.04.21-0201 sections 607 time frame was reduced from 60 months (5 years) to 36 months (3 years). The Committee requested Mr. Rammell provide the Committee with a written objective of his request of the Senate as well as a list of the states that have gone from 5 years to 3 years. |
Adjournment | Vice Chairman Noble thanked Mr. Rammell for his testimony. Vice Chairman Noble turned the meeting back over to Chairman Williams. Chairman Williams adjourned the meeting at 5:00 p.m. |
DATE: | January 23, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
None |
CONVENED: | Chairman Williams called the meeting to order at 3:00pm. |
GUESTS: | Jim Deakins, Valley Bean & Grain; H.L. Pringle, Mtn. West Trading; Bruce Fredrick, Fredrick Bean; Russ Dapsauski, ISDA; Wes Jones, ISDA; Sam Blake, ISDA; Davis Morse, ISDA; Tiffany Clark, ISDA; Leon Folkman, Valley Grain & Supply; Denis Capson, Snake River Grain; Gordon Steiner, Steiner Elevator; Wade Trost, Trost Feed & Seed; J.D. Cramer, Ririe Grain & Feed; Joseph Schindel, Congressman Simpson’s office; Lizzie Fitch, Congressman Simpson’s office; Jack Fisher, Idaho Wildlife Federation; Stan Boyd, Idaho Elk Breeders Association; Bob Naerebout, I.D.A; Bill Mendenhall, AgriSource, Inc.; Dave Reinke, Reinke Grain Co.; Darrel McRoberts, ISDA; Jerry Nicolescu, ISCC; Tom Van Witbeck, Idaho Elk Breeders Association; John Chatburn, ISDA; Jim Unsworth, IDFG; Neil Soderquist, |
Introductions | Chairman Williams welcomed the Committee members and guests, he asked the visitors to introduce themselves which they did. |
Gubernatorial Appointments |
Gubernatorial Appointments
Gubernatorial appointment of J. Morgan Evans to Idaho Soil Gubernatorial Appointment of Gary Grindstaff to the Idaho Soil |
IDAPA Rules Review |
Senator Williams reminded the committee members that they will not be voting on the rules to be reviewed today; he then turned the meeting over to Vice Chairman Noble. |
Idaho State Department of Agriculture |
John Chatburn, Deputy Administrator of Division of Animal Industries of the Idaho State Department of Agriculture, testified before the committee regarding IDAPA 02 Pending Rules 02.04.19, 02.04.22, and 02.04.23. |
Rule 02.04.19 | Pending Fee Rule 02.04.19 of the Department of Agriculture Governing Domestic Cervidae, Docket No. 02-0419-0201. Department provided handout chronicling other CWD state requirements for testing and lists states with confirmed CWD. A copy is available in the Agricultural Affairs Committee secretary’s office. Mr. Chatburn referenced page 11 of Pending Fee Rules Review manual, the Department made two amendments to the existing rule after testimony of public hearings and public comments received. ISDA, after negotiated rule making sessions, made some additions and some deletions; authority to license cervidae farms was deleted, no longer require a TB test when moving from one owners premise to another premise of same owner, but intrastate movement certificate is still required and a TB test is required of change of ownership. Section 029, fees for domestic cervidae ranches have not changed, just moved chapters. Mr. Chatburn also addressed sections of the rule regarding record keeping, capture of an escaped animal, CWD tests and investigations of cases. The committee members asked Mr. Chatburn about notification of escaped cervidae (owner is responsible for capturing escaped animal), how the Department identifies cervidae, the procedure for checking for wild cervidae in newly fenced areas and the names of official labs to submit samples. |
Testimony | Stan Boyd, Idaho Elk Breeders Association was given the Floor for the purpose of stating the IEBA stance on domestic cervidae. Mr. Boyd stated that over the past two years through a negotiating rule making process there has been a differing opinion within the industry about the strictness of the existing rules. Mr. Boyd answered the committee members questions regarding identification of escaped cervidae. Mr. Boyd introduced Tom Van Witbeck, President of Idaho Elk Breeders Association and Director of North American Elk Breeders Association. Vice Chairman Noble welcomed Mr. Van Witbeck. He answered Committee’s questions regarding tags. “There are several issues that drive a person to use tags: if used as a formal identification mechanism, then supply of tags has to be controlled…most people use it as a herd inventory management tool as opposed to a legal form of identification.” Mr. Van Witbeck stated that it is easier to use the tags for inventory purposes. Most escaped animals can be captured in short amount of time because they know where the feed bucket it. Other identifications are microchip and ear tattoo. Mr. Van Witbeck stated that escaped cervidae once captured are preferred to be killed and if wild animal gets into facility they prefer that it is killed. Mr. Van Witbeck spoke to the domestic program of Rule 020419. He explained the program is a compilation of Rules first adopted in 1993 when moved from F&G to ISDA, combined with that set of rules is the requirements for the current CWD program. They took opportunity to update rules and requested in the process that CWD program be pushed by the State and ISDA to be made a mandatory program, based on the prototype developed by the US Animal Health Association & the North American Elk Breeders Association forming the basis for most state programs. Through the negotiated rule making process a fair compromise was reached and he endorses the rules as written and recommends left in place for 2 years without change. Committee members asked about the surveillance rules. Mr. Van Witbeck stated the current CWD surveillance regarding the program is based on science available when program was developed in 1997-1998, and that through a federal program some time in the near future there will be a certification process that will reduce the intensity of testing program. Committee members asked about the regulatory requirements for two industry segments: horn & meat and trophy hunting; and the penalty clause (ISDA has civil penalty authority, can fine up to $5000 for each offense). |
Testimony | Jack Fisher, President of Idaho Wildlife Federation, was given the Floor. Mr. Fisher stated he attended the five of the six meetings of the negotiated rule making process regarding domestic cervidae. He felt that most of the issues were addressed by ISDA. He submitted written recommendations and most were resolved through the process. He highlighted some unresolved issues: reported visible ear tags are being used, thinks this is an appropriate amendment to the rule. He addressed concern about cervidae being imported into the state from clean elk cervidae farms direct to slaughter and the sanitary issues and liability of slaughtering these animals in same facility as healthy cervidae; he would prefer each state slaughter their own cervidae. |
Rule 02.04.22 | John Chatburn, ISDA, was given the Floor to review IDAPA 02.04.22 Rule Governing Animal Health Emergencies. This rule grew out of an Advisory Committee concerning procedure used to handle the Brucellosis case in spring of 2002. The idea was to put the procedure into rules. |
Rule 02.04.23 | John Chatburn, ISDA, reviewed IDAPA 02.04.23 Rules Governing Commercial Livestock Truck Washing Facilities. This rule is a result of bill passed by legislature last year concerning the containment of waste water, requirements for nutrient management, and permit requirements. |
Vice Chair Noble returned the meeting to Chairman Williams. Chairman Williams welcomed the elevator and operator owners. The eight gentlemen were asked to introduce themselves and they did. |
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Testimony | Neil Soderquist, member of Seed Indemnity Advisory Committee, and owner of Jack Thomas Grain & Livestock was given the Floor to present the views of the elevator operators regarding the Indemnity Fund: administration of the fund and regulations they are required to follow. Mr. Soderquist stated the problem started when the legislature passed the Seed Indemnity Law with 94% approval, his group was not notified or aware of the legislation. It doubled bonding and licensing cost and costs of bookkeeping. He listed the following problems: with ISDA setting up 8 month inspections instead of yearly an inspection will fall within harvest time every few years. Secondly when owners are fumigating elevators the inspectors won’t inspect bins under fumigation and since they aren’t measured can cause elevator to be out of compliance, they maintain that all licensed bins be measured at the time of inspection. Thirdly, there is talk of doing away with NPEs (no price established contracts) and the normal procedure is important to elevators. Next, the State law doesn’t allowed for ground storage, the federal regulations allow for it. The trade is angry over the use of the indemnity money for bailing out the alfalfa seed bankruptcy. Lastly he addressed the most important issue of operator having conflict with inspector and he can’t send inspector away that is grounds for license suspension, wants better rapport with inspectors. Elevators want to be told in advance so inspectors don’t have to be turned away. Mr. Soderquist stated the Seed Indemnity Fund was being put to too few people, everyone should be involved and pay. Senator Schroeder asked for Neil Soderquist to provide a copy of his comments to the Committee. |
Testimony | Denis Capson, Commodity dealer of Snake River Grain was given the Floor to testify regarding Seed Indemnity Fund Pending Rule, Bonded Warehouse Rules Pending Rule 02.02.12 and Commodity Dealers’ Rules Pending Rule 02.02.13. Mr. Capson remarked about NPE contracts and why they’re considered by some to be one of the main reasons failures have happened (through hedging on the markets). Mr. Capson provided the Committee with handouts. A copy of the handouts are on file in the Agricultural Affairs Committee secretary’s office. He referenced page 4 of handouts Idaho Code statute requirements of bonding. Mr. Capson stated bond requires 6% of total indebtedness to be paid to producer (gross dollar value), if changed bond would go from $25,000 up to max $500,000 bond. Mr. Capson reported that the bond process is tough because must show four to five times worth to get bond, this would be nearly impossible for him. He expressed his concern for inspectors coming around unannounced and that it was possible to be inspected by State and Federal agencies two to three times a year. Mr. Capson stated small elevators make money by increasing their margin (he has set costs per bushel of wheat that he brings in) tries to bring in wheat through the year into the elevator and it lowers cost per bushel; under rumored new legislation this bond would penalize the small businesses for trying to lower the cost per bushel and does nothing to stop failure. Mr. Capson referenced a press release from Director of Department of Agriculture: Federal Department of Agriculture has plan for new rules, put on hold by 13 states, creating duplication of bonding requirement. Committee member asked about the bonding requirement, under this new provision, would be for the total gross owner had during the year when owner has only one months’ worth in elevator at one time. Mr. Capson stated he is required by law to pay grower within 30 days and to make him obtain a $500,000 bond when he is only out 30 days would be 100% coverage, as opposed to a large warehouse with a small percent coverage. He sees no reason to increase the bond for the full years amount when he is required to pay within 30 days for the additional wheat that is purchased off the farm. |
Testimony | Bruce Frederick, Owner Fredericks Feed & Grain was given the Floor to testify. Mr. Frederick said State asking for financial information from owner is invasive and that once person meets financial requirements for license that should be enough. There is a revolving door on warehouse inspectors, two inspectors have entered the private sector that inspected his facility. He expressed his disagreement regarding legislation and wished that the legislation was circulated amongst warehousemen. The additional bonding requirement adds a substantial cost per bag. The Committee asked questions regarding proprietary information gained through inspections and the ethical implications of inspectors entering the industry. |
IDAHO DEPT. OF AGRICULTURE |
Russ Dapsauski, Program Manager of Warehouse Control Program of the ISDA was given the Floor to address the issues discussed in testimony. He stated that ground piles are allowed and they require a permit. Russ sent out a letter as requested by the owners introducing the inspectors, detailing how the program was run and how inspections were run. All exams and all records are protected by the Idaho Public Records Law, mandated to not release that information. The purpose of the letter was informative The proposal coming up is based on what they pay to producer. A producer is an owner, operator, tenant of land in this state. Those elevators working on the borders of this state and bringing in product from Utah, Wyoming, Washington, that commodity is not figured into this proposed bond. Those elevators buying from another elevator and trading amongst themselves, these are not producers, and that amount is not figured into this proposal. Some elevators in Eastern Idaho are storing for the malting barley companies and have storage facilities dedicated to that, these facilities and their storage capacity are not figured into this calculation of bond. |
Adjournment | Chairman Williams thanked the guests for their testimonies and the meeting adjourned at 5:05pm. |
DATE: | January 28, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
None |
CONVENED: | Chairman Williams convened the meeting at 3:00pm. |
GUESTS: | 20 University of Idaho Students; Gretchen Hyde, Idaho Rangeland Resources Commission; Curt Thornberg, ISDA; Carson Howell, Governor’s Office; Tyson Allen, ICL; Larissa Thurgood, ICL; Dar Olberding, IGPA; Craig Clapier, Food Producers; Rick Waitley, Food Producers; Marvin Bingham, Farm Bureau; Darrel McRoberts, ISDA; Tom Schafer, ISDA; Laura Morris, ISDA; Michael Cooper, ISDA; Margaret Misner, ISDA; John Chatburn, ISDA. |
Introductions: | Chairman Williams asked Mr. Rick Waitley to introduce his group to the Committee members. |
Rick Waitley, Food Producers of Idaho, introduced the University of Idaho students from the campuses of Moscow, Twin Falls and Idaho Falls who are on a public policy tour. Chairman Williams greeted the students and expressed his appreciation for the opportunity to give the students a view of the legislative process. |
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Rules Review | Chairman Williams announced the order in which the Committee would review the rules on the agenda. The meeting was then turned over to Vice Chairman Noble. |
Pending Fee Rule 02.02.15 |
Russ Dapsauski, Program Manager of Warehouse Control Program of ISDA was given the Floor for the purpose of reviewing Pending Fee Rule 02.02.15 Seed Indemnity Fund Law (Pending Fee Rules Review manual, page 4). After 2 year collaborative effort with seed producers, seed companies, legislators and ISDA employees the Seed Indemnity Fund law became effective in July 2002. A negotiated rule making meeting scheduled April 2002 was held to review and make changes to the proposed rules and a follow up meeting with Idaho Eastern Oregon Seed Association was held to develop the Seed Indemnity Fund Assessment Reporting forms. In May 2002 ISDA employees visited every licensed warehouse, commodity dealer and seed dealers in Idaho to educate them and deliver licensing information about the provisions of the Seed Indemnity Fund law. Rules are necessary for the compliance of the deadlines pursuant to Title 22, chapter 51. Committee members discussed the bonding of small growers who produce under $25,000. Mr. Dapsauski stated that by statute ISDA was not allowed to address bonding issue by Rules. There is draft legislation proposed to the seed indemnity fund law that will eliminate the minimum bond requirement of $25,000 and this will go into the bonded warehouse law as well. The upcoming proposed draft will amend the Seed Indemnity law to allow a certificate of deposit. The Committee members asked about getting warehousemen and producers together with ISDA to review the Bonded Warehouse law and Commodity Dealer law for a rewrite in the future. |
Pending Rule 02.02.12 |
Russ Dapsauski, ISDA, reviewed the Pending Rules 02.02.12 Bonded Warehouse Rules. These rules help to have the Bonded Warehouse law run parallel with the Commodity Dealer law and have the administrations of the Commodity and Seed Indemnity funds run parallel, no requests were made for further review of the rules. Rules were published in July 2002, ISDA received no written comments. Committee members discussed: how ISDA checks on licensee ability to pay (pg 12), what exceptions director could make (11d), shielding assets of owners of limited liability corporations (this is one reason warehouse law needs to be looked at and rewritten), the ISDA right to require bonding in amounts at its discretion (section 430, page 12), the required ratio of assets to liabilities, net worth ratio, (no less than 1:1, by Statute), and how Commodity dealers inventory is figured, cost or sale value (figured in notes of financial statements). |
Pending Rule 02.02.13 |
Russ Dapsauski, ISDA, reviewed the Pending Rules 02.02.13 Commodity Dealers’ Rules. These rules are to run parallel to the Bonded Warehouse law. Published July 2002, ISDA received no written comments. The Committee members asked Mr. Dapsauski how to reconcile differences with the elevators (ISDA plans to set up meetings around the state with elevators, warehousemen and producers to get their input). Asked if there was a bonding requirement in this rule. Mr. Dapsauski stated that there is no bonding requirement in this rule, it is in Statute. ISDA has two classes of licenses for commodity dealer: Class One license, individual conducting more than $250,000 worth of business in state required to have $25,000 bond and a Class Two license less than $250,000 worth of business is required to have a $15,000 bond. Senator Kennedy asked if a commodity dealer who has $5 million worth of business only has to post a $25,000 bond, the answer is yes. Mr. Dapsauski stated that the proposed legislation, at the recommendation of the small groups, will change the bonding requirement to be just like warehouse – six percent of what they pay producers based on the previous year. A Commodity dealer can do everything that a warehouse does except store. Senator Burtenshaw asked if bonded dealers were involved in the changes of the proposed legislation, Mr. Dapsauski stated he called specific dealers, made calls, and posted it as a public hearing and none showed up at the meeting. Senator Noble asked if there was a maximum cap on amount of bond. Mr. Dapsauski stated the cap is $500,000 bond, he mentioned that the industry is losing warehousemen and by bonding higher it will drive them out of the business, they won’t take the risk. Chairman Williams asked Mr. Dapsauski if the State was too stringent on the bonding would it cause the warehouses to become federally licensed. Mr. Dapsauski stated that federal licensing may cause warehouses to side with the State. |
Pending Fee Rule 02.06.33 |
Margaret Misner, Program Manager of Division of Plant Industries of ISDA was given the Floor to review Pending Fee Rule 02.06.33 Organic Food Products rules. Rule became effective in April 2001. There was meeting in Twin Falls to review the changes required to come into compliance by the October 2002 deadline. Certification changes: registration is required but certification is required only for those with sales over $5,000. In order to become accredited the ISDA needed to adopt the National Organic Program rules, the industry was supportive of adopting the rule and becoming accredited. Changes include: hormone changes for livestock (National Organic Program allows for use on breeding stock in emergency situations), and organic seed requirement (use of treated and untreated seeds). Fees change is deletion of transition to organic fees and replaced with fee to register those with sales over $5,000. |
Pending Rule 02.02.15 |
Margaret Misner, ISDA, reviewed Pending Rule 02.02.15 Idaho Organic Food Products Rules. Rule amended in October to allow producers to have other USDA agencies do their inspection and certify them rather than just having ISDA in control of their organic inspections. |
Pending Rule 02.02.14 |
Tom Schafer, Chief of Weights and Measures of ISDA, was given the floor to review Pending Rule 02.02.14 Weights and Measures. The purpose of the change is to adopt by reference the 2003 version of the National Institution of Standards and Technology handbook 44, in order that Idaho be in concert with rest of nation on requirements for weighing and measuring equipment. No public comments were received on the change. Committee members asked about changes to tolerances of liquid, moisture content measures, and requirement of vehicles since 1995 to have a ticket printer. |
Pending Rule
02.04.16 |
John Chatburn, Deputy Administrator of Division of Animal Industries of ISDA was given the Floor to review Pending Rule 02.04.16 -0201 Rules Governing Agricultural Odor Management. Mr. Chatburn stated the ISDA conducted a negotiated rule making this summer to bring rules into compliance with statute changes passed by the 2002 legislature. The Technical Advisory Committee is currently evaluating methods and means to quantify odor emissions. Changes in this rule include definitions (05bat) and changes made to statute. On page 68 inserted the ability for director to order the cease of construction of someone proceeding without a liquid waste system prior approval. Senator Gannon expressed constituent disagreement with this section of the rule. Senator Noble asked about the deadline for the director to issue his decision on approval or non-approval. Mr. Chatburn commented this would be taken into consideration for next year. Senator Burtenshaw referenced section 02, “…inserted standards for which shall be judged…” and asked how ISDA measures the items listed in section 02 and whether there is a measurement tool (Technical Committee is working on developing a tool and a report is due out in the summer of 2003). Committee members asked how long odor can be present until its considered a violation, the acceptable practices of slew (ISDA struggles where to draw the line between fluent or solid manure), and DEQs development of Hydrogen Sulfide standard and Air Quality standard (ISDA will then use those standards to regulate industry). |
Pending Rule 02.06.16 |
Curt Thornberg, ISDA was given the Floor for the purpose of reviewing Pending Rule 02.06.16 Crop Residue Disposal Rules. Rule reflects several changes made by 2002 Legislature, and suggestions for changes made by industry groups, state wide advisory committee and the public. Substantive changes: are in section 100-01 used to be an exemption for any field 5 acres or less from registration or meeting the requirements of this rule, it has been removed. In Section 300 the spring and fall burning time frames were removed. Committee members ask ISDA about burning crop residue in Ada or Canyon county and obtaining additional permits (Section 500). Section 500, 04 and 05 Set Back from Structures and Adequate Fire Suppression Equipment were removed. Section 500 01 added a clarifying statement and Ag industry wanted to add 02 criteria. Section 9 allows ISDA to be more careful when burning near roads. Committee members asked about training sessions, the reason of repeal of Section 500, 04 and 05 (intent was addressed in 10), and if ditch burning is exempt from this rule (yes, however, ISDA likes to advise whether it’s a good burn day or not). |
Pending Rule
IDAPA 56 56.01.01 |
Gretchen Hyde, Executive Director of Idaho Rangeland Resources Commission was given the Floor for the purpose of reviewing IDAPA 56 Pending Rule 56.01.01 Idaho Rangeland Resources Commission Rules of Administrative Procedure of the IRRC. Housekeeping changes to rule, terms of commission board were designated. |
Pending Rule 02.08.01 |
Stan Boyd with the Idaho Sheep Commission was given the Floor to review Temporary Rule 02.08.01 Sheep and Goat Rules of the Idaho Sheep Commissioners. A federal program came out with rules so changes are to bring State into conformance. Also the rule eliminates the federal indemnity fund. |
Adjournment | Chairman Williams adjourned the meeting at 5:00pm. |
DATE: | January 30, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
Vice Chairman Noble, Senator Burtenshaw |
CONVENED: | Chairman Williams called the meeting to order at 3:25pm. The delay in convening the meeting was due to a Joint House/Senate Agricultural Committee meeting in the Gold Room sponsored by ICIE on the issue of grass burning. |
GUESTS: | Dick Lawson, ISDA; Roger Batt, Idaho & E. Oregon Seed Association; Mike Cooper, ISDA; Darrel McRoberts, ISDA. |
APPROVAL OF MINUTES |
A motion was made and seconded that the Minutes of the January 16, 2003 Senate Agricultural Affairs Committee Meeting be approved as written. The motion carried. The approval of minutes of the January 21, 2003 meeting will be presented on Tuesday February 4, 2003. |
IDAPA 02 | Administrative Rules Review Chairman Williams gave questioning over to Senator Kennedy for the purpose of giving a synopsis of the rules. |
02.06.01 | Dick Lawson, Idaho Department of Agriculture was given the Floor to review Pending Fee Rule 02.06.01 Governing the Pure Seed Law. The rule increases all the service fees and the seed dealer license fee. All the fees are set forth on pages 33-37 of Pending Fee Rules Review manual. Mr. Lawson mentioned several organizations participated in the review of the rules and gave their recommendation. The funds will be used to increase the turnaround of service testing and for the addition of two senior seed analysis positions. |
2.06.00 | Mike Cooper, Deputy Administrator of Division of Plant Industries of ISDA, was given the Floor to review Pending Rule entitled Notice of Legislative Action Affecting the Administrative Rules of the ISDA, Division of Plant Industries. This rule change affects sixteen other rules. The 2002 Legislature passed a law, the Idaho Plant Pest Act 2002, which repealed four other laws which overlapped in their jurisdiction. The removal of the four laws orphaned sixteen other rules. In these 16 rules the ISDA had to redo the legal authorities and references of penalties. Updating these rules included adding definitions, abbreviations, addresses, scope and a findings section in the rules. In a few cases concerning penalties the wording has been changed from may to shall. The Plant and Pest Act 2002 has an encompassing penalty section ranging from issuing a warning letter to a misdemeanor for civil penalties. |
02.06.06 | Pending Rule 02.06.06 Pending Rule Bacterial Diseases of Beans, Phaseolus Species. The rule change is the result of industry wanting to add a disease to the rules, as well as the addition of definitions and a fee for inspection maps. |
02.06.08 02.06.10 02.06.19 02.06.23 |
Pending Rule 02.06.08 Control of Cherry Fruit in Portions of Canyon County, Pending Rules 02.06.10 Control of Cherry Fruit Fly in Portions of Gem County, 02.06.19 Apple and Cherry Quarantine Rules, 02.06.23 Interior Apple Maggot Quarantine Rules, relating to Apples and Cherries have been repealed and the important part of the rules has been moved into New Rule 02.06.08 Quarantine Rules Pertaining to Apples and Cherries. |
02.06.26 02.06.27 02.06.28 02.06.37 |
Pending Rules 02.06.26 Creating the Fremont Seed Potato Crop Management Areas, 02.06.27 Creating the Teton and Portions of Madison Counties Seed Potato Crop Management Areas, 02.06.28 Creating the Lost River Seed Potato Crop Management Area, 02.06.37 Creating the Caribou County and that Portion of Franklin County included in School District No. 148 Seed Potato Crop Management Area were repealed and the important part of these rules have been moved into Rule 02.06.26 Concerning the Seed Potato Crop Management Areas. |
02.06.09 | Pending Rule 02.06.09 Quarantine Rules Concerning the Necrotic Strain of the Potato Virus Y. This rule is repealed. The Potato Virus Y is now covered under the ICIA Seed Potato Certification Rules. |
Adjournment | Chairman Williams announced the Rules would be voted on Tuesday, February 4, 2003. He adjourned the meeting at 3:50pm. |
DATE: | February 4, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
None |
CONVENED: | Chairman Williams called the meeting to order at 3:10pm. |
GUESTS: | Bob Corbell, Idaho Grape Grower & Wine Producers Association; Mike Cooper, ISDA; Gretchen Hyde, Idaho Rangeland Resources Commission; Delbert Esplin, IFB; Bryan Frost, intern Connolly & Smyser; Malia Steele, intern Republican party; Bob Hillman, ISDA; Greg Nelson, IFBF; Darrel McRoberts, ISDA; Craig Clapier, farmer. |
MINUTES APPROVAL: |
The motion was made and seconded that the Minutes of the January 21, 23, 28, and 30, 2003 be approved as written. The motion carried. |
RULES COMMITTEE VOTE |
Chairman Williams opened up the meeting with discussion of the Rules. Senator Noble began the discussion with thoughts on the Domestic Cervidae rule 02.04.20, concerning Chronic Wasting Disease and importation. Provisions are in the Pending Rules 02.04.20 Governing Importation of Animals, page 99. The Committee addressed their questions to John Chatburn, ISDA, Dr. Hillman, ISDA, and Stan Boyd, Idaho Elk Breeders Association. Senator Kennedy recalled that during testimony before the Committee it Senator Schroeder asked which states currently had 5 year programs. Senator Gannon remarked about the ISDA’s authority to grant exceptions Senator Noh stated he thought that ISDA had problems because of an Senator Noble stated the Committee couldn’t change the Rule, it could Chairman Williams noted that for ISDA to redo the rules it must be turned Senator Goedde spoke to the fact that the Committee received testimony Senator Schroeder addressed Stan Boyd asking how many elk breeders Senator Burtenshaw commented that the Elk Breeders were not present John Chatburn stated that this was correct, ISDA conducted negotiated In conclusion, Mr. Chatburn stated, “that nearly all states that had Senator Burtenshaw asked what the rules stated before. Mr. Chatburn Senator Schroeder directed a question to Stan Boyd regarding Korea’s Senator Stennett spoke to the import issue stating that since ISDA Senator Kennedy questioned Mr. Chatburn if it was ISDA’s position that Senator Schroeder asked whether there are reporting requirements of Senator Burtenshaw questioned Stan Boyd, Idaho Elk Breeders |
MOTION: | Vice Chairman Noble made a motion to reject section 607 of Pending Rule 02.04.21 0201, pertaining to the quarantine requirement of 5 years (60 months). The motion was seconded by Senator Burtenshaw. Discussion by Vice Chairman Noble noted four letters of testimony signifying ten percent of elk breeders concerned with this Rule. Chairman Williams asked for a Roll Call Vote. The secretary called a verbal roll call vote. The motion failed. Senator Burtenshaw asked if the House concurred with all the Rules. |
MOTION: | Senator Goedde made a motion that the Department of Agriculture IDAPA 02 Pending Rules, Pending Fee Rules and Temporary Rule 02.08.01 Sheep and Goat Rules of the Idaho Board of Sheep Commissioners considered by the Committee be approved as written and that the Chairman write a letter to the Senate Pro Tem to that affect. The motion was seconded. No discussion on the motion. Chairman Williams asked for a voice vote. The motion carried. |
COMMISSION REPORT |
Gretchen Hyde, Executive Director of the Idaho Rangeland Resources Commission was given the Floor to present the Commission report. Ms. Hyde provided the Committee members with a packet of handouts. The handouts are on file in the Agricultural Affairs Committee secretary’s office. Ms. Hyde reported on the fiscal year 2002 assessment revenues separated by state, federal and private lands. The revenue from Federal lands is lower than anticipated, and the budgeting is based on low numbers from last year and was then reduced by another five percent. Ms. Hyde is the only full time employee. She referenced the Projected Income for 2003, which reflected conservative growth. She remarked about a grant received last month through University of Idaho David Little Range Management Foundation for $16,000 that goes through the University of Idaho Rangeland Department. This will reduce IRRC expenses by about $10,000 for this fiscal year. She commented on the IRRC Continuing Education Program, providing two to three week workshops for teachers and a new program creating a workbook for fourth grade students will be available in the fall. IRRC industry and research development includes the “Rangeland Roundup” newsletter, Sun Valley and McCall television programming as well as Idaho Public Television programming. Senator Stennett commented on the NPR (National Public Radio) Senator Burtenshaw asked how IRRC received permission to put Chairman Williams noted the article on Senator Noh’s son in the |
COMMISSION REPORT |
Bob Corbell, Executive Director of Idaho Grape Growers and Wine Producers Commission, was given the Floor to present the Commission report. The Commission Board consists of two Growers and three Producers. Funding comes from tax paid on wine in the state, 45 cents per gallon, and five percent of this is to run the commission, budget runs at about $100,000 a year in addition the Commission receives $5 per acre for grapes that are in production and $100 per winery, so total budget ends up at around $120,000. The collection for the fees comes from Tax Commission on monthly basis and Commission files audit report. 1200 acres currently in production and between 200 and 300 acres have been planted but aren’t producing, with a cost of $13,000 per acre for planting grapes it takes two years before the first grape, three years for first harvest, before wine is produced off the vineyard it is nearly four years. Mr. Corbell provided a copy of a study conducted by University of Idaho entitled “Contribution of the Grape and Wine Industry to Idaho’s Economy” Res 162. A copy is on file in the Agricultural Affairs Committee secretary’s office. Mr. Corbell commented on the highest known winery in the world in Twin Falls county, Rock Creek Winery. The majority of the wine and grapes are grown in Sunny Slope. New vineyards in Clearwater and soon in Lewiston. Mr. Corbell stated the Commission received a grant of $500,000 administered thru University of Idaho about three years ago with this there is a full lab, Parma Research Center, where under development are 30 varieties of grapes that will acclimate to the Idaho climate. The Commission is worried about not having enough cold, very few hours dip below twenty degrees, and the insect problems that could ensue. Mr. Corbell commented that after the Commission received the grant they hired an outstanding scientist from Texas. She is gaining popularity in the Northwest for the research she has done in the past three years. Mr. Corbell commented on two bug workshops the Commission puts on each year. Ste. Chappell Winery is the premier winery in Idaho producing 150,000 Committee members asked about Idaho production (250,000 cases), |
ADJOURNMENT | Chairman Williams adjourned the meeting at 4:20p.m. |
DATE: | February 6, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Gannon, Stennett, Kennedy |
Members absent/excused: |
Senator Geodde |
CONVENED: | Chairman Williams convened the meeting at 3:05 p.m. |
GUESTS: | Bill Chisholm; Julie Pence, Times-News; Dr. Bob Hillman, ISDA; Grant Loebs, Twin Falls County Prosecutor; Ed Smith; Phuong Smith; Brent Olmstead, MPI; John Chatburn, ISDA; Bob Naerebout, Idaho Dairymen; Lloyd B. Knight, Idaho Cattle Association; Ron Sheffield, University of Idaho; Jon Sanoval, DEQ; Bill Brockman, Twin Falls County Commission; Darrel McRoberts, ISDA; Wayne Tousley, Twin Falls County Sheriff; Stan Boyd, Idaho Sheep Commission. |
INTRODUCTION: | Chairman Williams excused Senator Geodde who is working on a finance projection committee. He announced that no public testimony will be held at the meeting, purpose of hearing is for information of Committee members to gather information to see whether to look into any legislation. Chairman Williams asked Senator Noh to introduce the Sheriff of Twin Falls County Wayne Tousley, Grant Loeb, Twin Falls County Prosecutor, Bill Brockman, Chair of Twin Falls County Commission and his wife Barbara Brockman. Chairman Williams welcomed the guests. He announced this was the last day to have RS presented to Committee. |
RS 12617C2 | Senator Stennett presented a verbal synopsis of RS 12617C2 which relates to the ability of local planning authorities to define the size of confined animal feeding operations, CAFO, for the purpose of siting. The RS deletes the reference to large CAFO’s, defining CAFO as a thousand animal units. It also gives ISDA the ability to promulgate rules regarding bio hazards. Discussion among the members of the committee and Senator Stennett -When are owners to take their count; -How many cattle can a person have before a permit is needed; -What are the general rules to obtaining a permit; -What was the reason behind defining “large”; -What is the planning and zoning authority to site a CAFO; -Would this change the rules for owners of under 1,000 head; -Is this just for local planning and zoning; -Would this in any way change the original rules for CAFOs. |
Motion: | A motion was made by Senator Noh and seconded by Senator Stennett that RS12617C2 be sent to print by voice vote; the motion carried. Senator Goedde was absent. |
RS 12809 | Senator Stennett presented a verbal synopsis of RS 12809 which relates to cruelty of animals, amending Idaho Code section 25-3520A, to provide for penalties. This adds to the Animal Cruelty Code a subsection allowing ISDA to pursue civil penalties. The local prosecutor issues criminal penalties. Discussion among the committee members and Senator Stennett A motion was made by Senator Gannon and seconded by Senator Noh |
RS 12795 | Senator Stennett presented a verbal synopsis of RS 12795 which relates to licensing domestic cervidae operations. Provides for ISDA to promulgate rules giving them the authority to license domestic cervidae operations and authority to require a branding identification. Discussion among the committee members and Senator Stennett |
Motion | A motion was made by Vice Chairman Noble and seconded by Senator Kennedy that RS12795 be sent to print. |
Substitute Motion |
A substitute motion was made by Senator Burtenshaw and seconded by Senator Schroeder that RS12795 be returned to sponsor. Discussion among the committee members included: – Are the elk breeders against licensing; – Should the rule be in effect for a longer time period before – Can owners, officials tell the difference between wild cervidae – Should there be a way by tagging or other method to assure – What is the use of having private property if others tell how it is to Chairman Williams asked for a Roll Call vote, the vote was taken on the |
Approval of Minutes |
A motion was made and seconded that the minutes of House/Senate Joint Agricultural Affairs Meeting January 30, 2003 be approved as written. The motion carried. |
Odor Management |
Ron Sheffield, a waste management engineer at the Twin Falls research & extension center for the Biological and Agricultural Engineering Department of University of Idaho, was given the floor for the purpose of a presentation on odor management. Mr. Sheffield provided handouts to the committee. A copy is on file in the Agricultural Affairs committee secretary’s office. Mr. Sheffield spoke of his goals and objectives for the coming year, his position is eighty percent extension and twenty percent research. The research components include looking at how can odor be measured more accurately in the field; obtaining a database of emissions numbers on livestock operations and food processing industries in Idaho; and developing a process, in conjunction with the University of Tennessee, to remove phosphorus from liquid storage ponds on dairies and crystallize the material to be reprocessed as a feed ingredient or as a slow release commercial fertilizer. Mr. Sheffield stated the extension efforts focus on educating producers Mr. Sheffield reported on the various professional committees he is a part The discussion among Committee members and Mr. Sheffield included – Will $900,000 provide enough financial resources; – What is the Countryside Engineering Group within the American – How are the crystals made; – Whether winter-time application of liquid waste on frozen ground – Constituent raised concern Mr. Sheffield testified for CAFOs in |
Animal Cruelty | Dr. Bob Hillman, Administrator of Division of Animal Industries for Idaho State Agricultural Department was given the floor to report on the Magic Valley animal cruelty case. He gave a brief synopsis of the following: Section 25-237 Dead Animal Disposal Law, IDAPA 02.04.17 Rules Governing Dead Animal Movement and Disposal, and Idaho Code Title 25, Chapter 35 Cruelty to Animals. The authority given to the ISDA for dead animal disposal was granted by the 2000 Idaho Legislature, the ISDA developed rules and have operated under the rules for less than a year, the Department has not experienced any difficulty in the way the rules are written in being able to enforce the provisions of the rules. They have been effective up until this point. During a routine trip to a dairy to collect water samples the inspector Dr. Hillman spoke about the animal cruelty law, he noted Title 25 section Starting in 1997 through January 31, 2003 the ISDA has investigated Dr. Hillman stated the Twin Falls County Sheriffs Office has worked with The discussion among the committee members and Dr. Hillman included – The standards of the Animal Cruelty code 25-3502, and the – How many of the 11 cases were associated with herd type – Did ISDA have any difficulty in dealing with the law, the – What are the standards/approaches ISDA takes to identify – Specifically with the Dutch Touch Dairy were the animals not – Does ISDA have a coordination system with local law – Under what section of the rule did ISDA determine it had the – Does ISDA feel that opportunities are missed to prosecute; – How does ISDA characterize the treatment over a period of time |
Animal Cruelty | Grant Loebs, Twin Falls County Prosecuting Attorney, was given the Floor for the purpose of speaking about animal cruelty cases. Mr. Loebs reported, “his office has a long history of prosecuting animal cruelty cases, including two significant cases involving entire herds, rather than individual dog and cat complaints which he has also prosecuted and in all of the cases he has worked with the Twin Falls city police or the Twin Falls County Sheriffs office. In all the cases involving herds he worked with the ISDA, their veterinarians, their investigators to some degree or other.” “With regard to the dairy case in the Twin Falls County, his office views “Two different tacks are being taken by the government: the Department Mr. Loebs asked the Committee, “whether it was the intent by these laws Chairman Williams thanked Mr. Loebs for his comments. He stated it was Discussion among the Committee members and Mr. Loebs included: Mr. Loebs stated, “the happening of the event is cruelty or abandonment Discussion continued about: – How does the law hold someone accountable for – Questions about the timing and coordination of the case between – Is a civil penalty an appropriate way to go after this kind of – the gap between civil penalties and criminal penalty. Chairman Williams expressed appreciation for the dairy industry in Idaho |
ADJOURNMENT | Chairman Williams adjourned the meeting at 5:20 p.m. |
DATE: | February 11, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Gannon, Stennett |
MEMBERS ABSENT/ EXCUSED: |
Senators Geodde and Kennedy |
CONVENED: | Chairman Williams convened the meeting at 3:05 p.m. |
GUESTS: | Stan Boyd, Idaho Sheep Commission; Rich Garber, Director of Advancement University of Idaho; Dr. Mike Weiss, Dean of University of Idaho College of Agricultural and Life Sciences; John Orr, Research and Development scientist Idaho State Pesticide Management Commission; Representative Darrell Bolz, Idaho Food Quality Assurance Institute; Darrel McRoberts, Idaho State Department of Agriculture; John Barclay; Jerri Jo Burger, Intern Food Producers of Idaho; Rick Waitley, Chairman of the Leadership Idaho Agriculture (LIA) class, and thirty LIA participants. |
Introductions | Chairman Williams welcomed the guests to the meeting. He announced that Senators Goedde and Kennedy were attending financial committee meetings. Chairman Williams gave the Floor over to Rick Waitley, Chairman of the Leadership Idaho Agriculture (LIA) class for the purpose of introducing his group. Mr. Waitley commented about the two classes put through the program every year, the potential nominees in the group for future appointments, and he announced a directory would soon be available. Mr. Waitley asked each participant to introduce themselves to the committee by name, organization and sponsor, which they did. |
Commission Report |
Stan Boyd, Idaho Sheep Commission (ISC), was given the Floor for the purpose of reporting on the Commission. Mr. Boyd reviewed the powers and duties of the state board of sheep commissioners. The ISC is under the Idaho State Department of Agriculture, Division of Animal Industries and the State veterinarian acts as the Veterinarian-in-Charge of the ISC. Idaho Code authorizes the ISC to collect assessments for the Idaho – Idaho regulatory animal program for sheep: 3 cents per pound; – Idaho Animal Damage Control program: 3 cents per pound; – Sheep Promotion, Research and Education: 2 cents per pound. The revenues brought in by the ISC are very dependent on the current On January 1, 2002, Idaho ranked 7th in the nation for total number of Mr. Boyd reviewed the Promotion, Research and Education monies A copy of Mr. Boyd’s report is on file in the Agricultural Affairs secretary’s |
Commission Report |
John Orr, Chairman of the Idaho Pesticide Management Commission (PMC) was given the Floor to present his report. Mr. Orr stated Governor Kempthorne formally appointed the Commission on September 12, 2002, it consists of 11 members from the agricultural industry and five ex officio members representing the University of Idaho, Department of Environmental Quality, Idaho State Department of Agriculture, Labor an Health and Welfare, per statute. An organizational meeting was held on October 22, 2002, officers were A second meeting was held December 13, 2002 a draft of ideas for the
A third meeting was held on January 31, 2003, two drafts of a by-laws/operating guide were produced, temporary forms were approved and By mid April the Commission should be dispersing funding for approved A copy of Mr. Orr’s testimony and handouts are available in the |
Report on the University of Idaho College of Agricultural and Life Sciences (U of I, CALS) |
Richard Garber, Director of Advancement of University of Idaho, was given the floor to introduce Dr. Mike Weiss, Dean of University of Idaho College of Agricultural and Life Sciences (U of I, CALS) who addressed the Committee with a report on the U of I, CALS. Dr. Weiss reviewed the role and mission of CALS: teaching, research, and extension (helping people improve lives through research-based education and leadership development). The five priority areas of CALS centers around community development; competitive agriculture; health, food safety and quality; healthy and stable families; and natural resources and the environment. Dr. Weiss reported that CALS lost 59 positions as a result of the fiscal Committee members asked how U of I, CALS maintains its roles and how A copy of Dr. Weiss’ presentation is on file in the Agricultural Affairs |
Gubernatorial Appointment |
Gubernatorial Reappointment of Mel Anderson of Emmett, Idaho to the Idaho Food Quality Assurance Institute for a term expiring July 1, 2006. Mr. Anderson has experience in the entertainment business, stocks, commodity trading, has been with the Idaho Growers and Shippers, Potato Growers of Idaho, and has been with the Idaho Potato Commission (IPC) since 1987. The IPC invests $200,000 in the Idaho Food Quality Assurance (IFQA) Lab each year. Potato samples are done in the lab and the lab has more than provided its share of benefits for the IPC. |
Gubernatorial Appointment |
Gubernatorial Reappointment of Representative Darrell Bolz, of Caldwell, Idaho to the Idaho Food Quality Assurance Institute for a term expiring July 1, 2006. Representative Bolz has experience in Future Farmers of America (FFA) as a member, and as an educator. He served in the United States Navy, and worked with and for Idaho Alfalfa seed Growers, the Mint Growers and Sweet Corn seed. Rich Garber and Sara Braasch are Representative Bolz predecessors as Chairman of the IFQA Institute. Committee members asked Representative Bolz about the teaching role |
Adjournment | Chairman Williams adjourned the meeting at 4:32 p.m. |
DATE: | February 13, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
Senator Gannon |
CONVENED: | Chairman Williams called the meeting to order at 3:10 p.m. |
GUESTS: | David Bennett, scientist representing Idaho Food Quality Assurance Institute (IFQAI); Wayne Hurst, farmer representing IFQAI; Christine Hahn, Idaho Department of Health & Welfare; Kris Carter, Idaho Department of Health & Welfare; Dan Wingard, Canyon County Mosquito Abatement District; Brian Benner, Canyon County Mosquito Abatement District; Jack Bennett, Ada County Mosquito Abatement District; Bob Hays, Idaho State Department of Agriculture (ISDA); Gene Winchester, rancher; Bob Hillman, ISDA; Roger Fuhrman, Idaho Department of Fish & Game. |
INTRODUCTION: | Chairman Williams introduced Monica Pratt, from Skyview High School in Nampa, who will serve as the Agricultural Affairs Committee Page for the second half of the First Regular Session of the 57th Idaho Legislature. Chairman Williams presented Audrey Twiggs, the Committee Page for the first half of the session, with a Senate watch and letter of recommendation signed by the Committee members. |
Gubernatorial Appointees |
Gubernatorial appointment of Mr. David Bennett of Boise, Idaho to the Idaho Food Quality Assurance Institute (IFQAI) for a term expiring July 1, 2006. Mr. Bennett represents the private sector, the private labs, making sure there is no infringement on the private sector as far as what the IFQAI does. Mr. Bennett has a background in microbiology and chemistry. He is a graduate of the University of Idaho. His interest with the IFQAI concerns government supported entities infringing on private markets. Chairman Williams asked about Mr. Bennett’s view of the future of the Gubernatorial appointment of Mr. Wayne Hurst of Burley, Idaho to the Committee members asked about Mr. Hurst’s fields that neighbor Senator |
Vote on Gubernatorial Appointments |
Senator Noh made a motion that the Committee confirm the reappointment of Mel Anderson to the Idaho Food Quality Assurance Institute (IFQAI) for a term to expire July 1, 2006. The motion was seconded by Senator Stennett and the motion carried by a voice vote. Chairman Williams will sponsor the confirmation of Mr. Anderson. Senator Noble made a motion that the Committee confirm the |
APPROVAL OF MINUTES: |
The motion was made and seconded that the Minutes of February 6, 2003 be approved as written. The motion carried. |
Presentation by Idaho Division of Health and Idaho Department of Agriculture on the West Nile Virus |
Dr. Kris Carter, Idaho Division of Health was given the Floor to present a report on the West Nile Virus. Dr. Carter gave the presentation in the place of Dr. Leslie Tengelsen who was unable to attend. She gave an introduction to the West Nile virus and its national distribution, updated the committee on the status of West Nile surveillance in Idaho, described how Idaho may respond to an outbreak, and mentioned potential problem areas in respect to the introduction of the West Nile virus in Idaho. Dr Carter stated,”an infected mosquito transmits the virus by biting a bird, Since first detected in New York in 1999 the West Nile virus has spread Because of the rapid spread of the virus across the United States, Idaho Surveillance of Horses 31 horses were tested from the following Surveillance of Dead Birds 63 birds were tested from the following Surveillance of Mosquitoes 179 batches were tested from a collection site The new activities for 2003 include: expanding laboratory services, In response to an outbreak of the West Nile virus the general response Issues and potential problems are the limited testing capacity, loss of Senator Schroeder asked if a person is bitten once does their body Bob Hays, Agriculture Pesticide Program Specialist with the Idaho Mr. Hays stated the real concern in the case of an outbreak is unlicensed Mr. Hays touched on the following issues: unlicensed pesticide Mr. Hays also spoke about the management operations in place, the The Committee members discussion with Dr. Carter and Mr. Hays as well -what the costs are of vaccinating a horse; -does the ISDA recommend vaccinating horses; -the odds of a horse dying from the disease; -what are the mosquito species implicated in the disease; -the safety of the pesticide program and educating the public; -problems with split tires and plastic tubing used on dairies; -tires are among the top habitat for mosquito production; -can the West Nile virus be picked up by hunters cleaning a bird, -the potential flood of ads for mosquito repellants and their -are children and babies more vulnerable to West Nile virus being -is this a new disease or an old disease; -are the bird populations significantly infected. Discussion continued on the following topics: -was disease carried from birds migrating from Central and South -the education of public will be the best defense mechanism to -what does the Committee need to do, if anything, to set up -the possibility of adjusting the abatement law; -public health versus private property issues; -Senator Noh remarked on the Idaho Code allowing counties to -economic pests versus public health threat; -the economic implications of the health issue; -whether organic farmers in mosquito abatement districts can be -the importance of improving the timing and formation of county |
Testimony | Dr. Dan Wingard, President, Board of Trustees Canyon County Mosquito Abatement district (CCMAD) in Nampa, Idaho, was given the Floor to address the issue of the West Nile virus. Dr. Wingard has experience in anesthesiology, is trained in biology and physiology, toxicology, pharmacology. He is President of the Pacific Northwest Mosquito and Vector Control Association, as well as a retired professor of anesthesiology, University of Nebraska Medical School, and retired fellow of the University of Nebraska Graduate College. Dr. Wingard stated the importance of education on the West Nile virus in Idaho. He commented on the two lines of the virus, its correlation to the disease in Israel in the 1950s, the increased virulence of the disease over time, the potential transmission of the virus by: transfusions, mothers milk, from birds mouths, infant in-utero, and through sexual activity. Discussion among committee members and Dr. Wingard included: – what was Dr. Wingard asking the legislators to do about the -the problem with funding for the mosquito abatement districts; -the relationship between county commissioners and mosquito -the emergency plan of Dr. Wingard’s mosquito abatement district; -the financial impediment of a three percent cap in Dr. Wingard’s A copy of Dr. Wingard’s handout is on file in the Agricultural Affairs |
Testimony | Gene Winchester, horse owner and breeder, was given the Floor to present his testimony on the issue of the West Nile virus. Mr. Winchester expressed his concern over the need of an education program to reach the horsemen of Idaho about whether they should vaccinate their horses. He explained the problem is with the cost of the vaccination. Currently it is $28.00 to administer the shot, it would cost him around $10,000 to vaccinate all his horses and it is his understanding the vaccine would need to be administered every year. Mr. Winchester requests something be done to make the vaccine available for purchase in bulk. He also questioned whether the vaccine should be mandatory, and what policies if any are in effect regarding the West Nile virus in horses. Discussion among Committee members and Mr. Winchester included: -the statute to limit price gouging in cases of emergency; -the problem with the vaccine being produced by only one drug -the restrictions USDA put on the vaccine that may come off soon; -the need to vaccinate horses; -the fact that the vaccine and mosquito control are the way to |
The Committee members expressed their desire to hear further presentations and testimony on the West Nile virus, and the mosquito abatement districts. Chairman Williams agreed to schedule further meetings. |
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ADJOURNMENT | Chairman Williams adjourned the meeting at 5:08 p.m. |
DATE: | February 18, 2003 |
TIME: | 3:00 p.m. |
PLACE: | Room 433 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
None |
CONVENED: | Chairman Williams convened the meeting at 3:08 p.m. |
GUESTS: | John Chatburn, Idaho State Department of Agriculture (ISDA); Sara Braasch, Idaho Cattle Association; Rick Stott, Idaho Cattle Association; Jerry Mobley, R CALF (Ranchers Cattleman Action Legal Fund); Roger Batt, Idaho Mint Commission; Robert McKellip, Idaho Mint Commission; David Dixon, Idaho Mint Commission |
MINUTES: | A motion to approve the minutes of meetings held on February 4th, February 11th and February 13th was made and seconded. The motion carried by a voice vote. |
Committee Vote on Gubernatorial Appointments |
Gubernatorial appointment of Mr. David Bennett of Boise, Idaho to the Idaho Food Quality Assurance Institute (IFQAI) for a term expiring July 1, 2006. A motion was made by Senator Schroeder and seconded by Senator Burtenshaw that the Committee confirm the appointment of David Bennett. The motion carried by a voice vote. Senator Noble will sponsor the appointment. Gubernatorial appointment of Mr. Wayne Hurst of Burley, Idaho to the |
Presentation by Idaho Cattle Association (ICA) |
Sara Braasch, Executive Vice President of the Idaho Cattle Association (ICA) was given the Floor for a presentation on issues of the beef cattle industry. She commented that most of the issues are federal issues: disaster programs, federal lands, grazing, environmental issues, trade and marketing. On the state level there are a couple of bills in the House on private property rights and the analysis that is done by the government prior to any action taking place. Sara referenced the handout she provided to the Committee members on Sara then introduced Rick Stott who is active in the environmental issues, |
Presentation on labeling |
Rick Stott, ICA’s Feeder Council Chairman was given the Floor for the purpose of presenting information on country of origin labeling. Chairman Williams welcomed Mr. Stott to the Committee. Mr. Stott commented on cattle issues at the national level where a major change is anticipated in the structure of the cattle industry within the next five to ten years. Mr. Stott spoke on the rising consumer demand and the accommodation of this demand by the cattle industry. He spoke on Idaho’s opportunity to bring its products to the world. Country of origin labeling (COOL) means every product label stipulates where beef is born, raised and processed. COOL was passed last year with the farm bill. Mr. Stott reported that there are three packing companies in the Mr. Stott posed the question to the committee whether they believe Discussion among Committee members and Mr. Stott included: -the effect on the cattle market in relation to exchange rates; -market demand, cattle production cycle, and production costs; -issues effecting feed lots; -the percentage over and above the elasticity price; -treaties with other countries controlling 100% of the value, while -does the United States export more value than it receives; -for Canada more has come down than has gone up; -opening up borders to get Canadian barley to Idaho feed lots; -Senator Noh reminded the Committee of a quote by his Discussion continued on: -Mr. Stott’s diagram of a Cattle Oligopoly; -the packer and retail segment of the diagram; -the branding of a product; -the control of a niche market with a premium product. |
Presentation on R CALF program |
Jerry Mobley, R CALF (Ranchers Cattleman Action Legal Fund) United Stock Growers USA was given the Floor to present the program to the Committee members. Mr. Mobley was referenced by Ric Branch. R CALF is a producer organization formed in 1998 that felt that there were certain trade laws that were being violated within the United States. Mr. Mobley stated that trade laws differ from other laws in that industry organizations need to bring actions against other countries because no one else will do it. In 1998 R CALF brought three lawsuits against Canada and Mexico regarding antidumping and antitrust. The Mexico antidumping case was dismissed. The court found in favor of the R CALF filing, as it relates to antidumping and subsidizing of foreign production, in Canada; however, it was found to not be a significant enough amount to warrant a tariff on cattle coming in from Canada. In the process of the cases filed and in the process of seeing how the cow-calf producer was represented, the producers were not satisfied in terms of how the government dealt with trade and marketing issues within the country. Historically the NCBA (National Cattle Branding Association) would be representing the producers; however the NCBA represents all of the industry the packers, producers, and feeders, and there were conflicting priorities. Since then R CALF has grown to 8,000 members and 35 different state |
Commission Report |
Roger Batt, Idaho Mint Commission was given the Floor to present the commission’s industry report. He remarked on the mint water and mint candies provided for the Committee members. Mr. Batt commented on the mint production in Idaho, the importance of the Idaho Mint Commission, current mint research projects with the University of Idaho, and the Idaho Mint Growers Association. He provided a fact sheet on mint production, and a brochure on the Mint Commission. A copy is on file in the Agricultural Affairs secretary’s office. Discussion among the committee members and Mr. Batt included: -what is the yield per acre; -what is the price per acre; -where is rootstock raised; -the collaboration of growers cultivating their crops together; -what happens to mint waste; -is there an overseas market. A copy of the Commission’s financials was requested. |
ADJOURNMENT | Chairman Williams adjourned the meeting at 4:30 p.m. |
DATE: | February 20, 2003 |
TIME: | 2:00 p.m. |
PLACE: | Gold Room |
MEMBERS PRESENT: |
Senate Ag Committee: Chairman Williams, Vice Chairman Noble, Senators Burtenshaw, Schroeder, Gannon, Stennett, Kennedy Senate Commerce & Human Resources: Chairman Andreason, Vice House Ag Committee: Chairman Jones, Representatives Field (23), |
MEMBERS ABSENT/ EXCUSED: |
Senate Ag Committee: Senator Noh
Senate Commerce & Human Resources: Senators Stegner, Davis, House Ag Committee: Vice Chairman Trail, Representatives Lake, |
CONVENED: | Chairman Williams convened the meeting at 2:15 p.m. |
GUESTS: | Steve Richards, dairy farmer; Fred Riggers, farmer; Bob Naerebout, Idaho Dairymen’s Association; Laura Johnson, Idaho State Department of Agriculture; Deana Sessions, Idaho Dairy Commission; Brent Olmstead, Milk Producers of Idaho; Tyler Ricks, student; Darrel McRoberts, Idaho State Department of Agriculture. |
Presentation by Department of Agriculture & Department of Commerce – International Trade Officers |
Pat Takasugi, Director, Idaho State Department of Agriculture, ISDA, was given the Floor. Mr. Takasugi commented on the revenue brought in from agriculture and stated that marketing and trade equal revenue for Idaho. The ISDA works with sixteen advisory committees to decide what path to go on, and moving agricultural products overseas. Karl Tueller, Acting Director, Idaho Department of Commerce, IDOC, Laura Johnson, Idaho State Department of Agriculture, introduced Eddie Yen, Idaho-Asia Trade Office, Taipei, Taiwan Mr. Yen has been with the Idaho-Asia office since 1990. He commented Armando Orellana, Idaho-Mexico Trade Office, Guadalajara, Mexico Mr. Orellana has been with the Idaho-Mexico office since 1994. He General Woo-Joo Chang, Idaho-Korea Representative Office, Seoul, General Chang stated he was born in 1927 and has extensive experience Dr. Cao Guoli, Idaho-Shanghai Representative Office, Shanghai, Dr. Cao reported that last year was the year of the horse and it was a A copy of the handouts provided by the Idaho State Department of |
Idaho Dairy Products Commission Annual Report |
Deanna Sessions, Administrator for the Idaho Dairy Products Commission, gave the annual budget report. The dairy industry is Idaho’s number one agricultural commodity and Idaho is ranked 5th in US milk production. There is an increased worldwide demand for US produced milk. The independent audit for FY02 showed no findings. The The producers are assessed a total of 15.5¢/cwt. (check off funds). The Commission is concerned with California cheese being slotted into Senators and Representatives had the following questions:
-The Commission will not be participating in the ISDA
-The Commission needs to stay out of the dairy odor issue.
-Bob Naerebout stated that he believed that the ability to |
Testimony | Steve Richards, a dairy farmer from Homedale, is dissatisfied with the use of his check off funds. He feels they need to do more to promote the use of milk in the US. Mr. Richards gave the committee a sample of UHT (Ultra High Temperature Pasteurization) milk that is widely available in other countries. This milk has a much longer expiration date and does not require refrigeration. |
Adjournment: | Chairman Williams adjourned the meeting at 3:40 p.m. |
DATE: | February 25, 2003 |
TIME: | 3:00 p.m. |
PLACE: | Room 433 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
Senator Goedde |
GUESTS: | Diana Caldwell, Idaho Bean Commission; Paul Mann, J.R. Simplot; Julie Shain, Federal Fleet Management; David Ferguson, Soil Conservation Commission; James Baker, Idaho State Department of Agriculture; Russ Hendricks, Farm Bureau; Laura Johnson, Idaho State Department of Agriculture |
CONVENED: | Chairman Williams convened the meeting at 3:05 p.m. |
MINUTES: | Senator Gannon made a motion to approve the minutes of the meeting held on February 20th, 2003, it was seconded by Senator Kennedy. The motion carried by a voice vote. |
Commission Report |
Diana Caldwell, Administrator for the Idaho Bean Commission, was given the Floor to present the Commission’s annual report to the committee. Ms. Caldwell began her power point presentation with the Commission’s mission and an overview of the 2002 bean market. Idaho production increased by 34% in 2002, and yields increased 5%. Pinto beans make up 45% of the types of beans produced in Idaho. The other percentages varied for different varieties. The price of Idaho dry bean per cwt has been increasing since 2000. Ms. Caldwell reported on grants the Commission has received for 2002/2003 totaling $155,000. The budget was broken down into Administration (25%), Research (20%), Bean Seed Promotion (26%), and Food Promotion (29%). She commented on the Commission’s achievements, including a new logo, website, and five new trade/grower shows in Mexico and Canada to promote seed. She also addressed the 2003 Commission plans for food including, educating the educators, a nationwide recipe contest, and press and magazine articles. The Commission’s 2003 plan for seeds includes, strengthening associations, working to facilitate trade, and appearing in trade and grower shows, with growers and dealers in Mexico and Canada. Discussion between Committee members and Diana Caldwell included: -What is cost to raise an acre of beans; -How does the transfer of funds work with the peso and dollar; -How does the Commission view the closed border to Mexico -What does the Commission receive from check offs. |
Presentation on Carbon Sequestration |
David Ferguson, Agricultural Program and Riparian Specialist of the Idaho Soil Conservation Commission, was given the Floor to present to the Committee information on Carbon Sequestration. Mr. Ferguson gave the Committee a review of the Idaho law 22-2501 the set up of a Carbon Sequestration Advisory Committee and their duties, as well as the duties of the Soil Conservation Commission. He introduced four Advisory Committee members present at the meeting: Jerry Nicolescu, Paul Mann, Julie Shain, and James Baker. Chairman Williams welcomed them to the Committee meeting. Mr. Ferguson then gave his definition of carbon sequestration and went into the global warming issue. He reported on the international and national activities that affects or encourages carbon sequestration, such as, the Kyoto protocol and President Bush’s initiatives, state and city activities, as well as carbon market activities. Discussion among Committee members and Mr. Ferguson included: -Whether there was a law enforcing carbon—–; -Was there another regulatory agency invoked credits. Mr. Ferguson reported on a two-day work session of the Advisory The Carbon Sequestration Advisory Committee recommends:
Discussion between Committee members and Mr. Ferguson included the -Who is going to establish carbon regulations; -Are there laws on carbon dioxide caps; -Is there legislation that regulates the industries; -Are there other regulatory agencies that have credit programs; -Can private organizations go out and buy carbon credits; -Is this going on without legislation, through an intermediary -Bush’s “climate vision”; -the Kyoto protocol; -developed and undeveloped countries and their plant productions |
ADJOURNMENT | Chairman Williams adjourned the meeting at 4:02 p.m. |
DATE: | February 27, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 433 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
None |
GUESTS: | Richard Lawson, Idaho State Department of Agriculture; Darrel McRoberts, Idaho State Department of Agriculture; Bob Hillman, Idaho State Department of Agriculture; Bob Naerebout, Idaho Dairymen; Greg Nelson, Idaho Farm Bureau Federation; Della Johnson; J. Kent Foster, Idaho Association of Soil Conservation Districts; Bill Chisholm; Brent Olmstead, Milk Producers of Idaho. |
CONVENED: | Chairman Williams called the meeting to order at 3:10 p.m. |
Announcements | Chairman Williams announced the sad news that Dr. Bob Hillman submitted his resignation to the Department of Agriculture and he will be accepting a job in his home state of Texas. Dr. Hillman has served 23 years for the State of Idaho. Dr. Hillman is respected across the nation for his abilities, experience, and common sense approach to problems in the animal industry and he will be sincerely missed. The Committee members expressed their feelings about Dr. Hillman leaving the Department of Agriculture. |
S 1089 | Relating to Animal Cruelty: to amend the Animal Cruelty Code to provide the Department of Agriculture the opportunity to assess civil penalties not to exceed $5,000 for each offense. |
MOTION: | Senator Stennett explained that this legislation is intended to give the Department of Agriculture another tool to ensure compliance with the Animal Cruelty Code. County prosecutors are not always willing to take on the cost of pursuing animal cruelty cases. Senator Stennett spoke about the difference between criminal investigations and what tools the department should have in cases where county prosecutors do not pursue the cases. Senator Stennett reported that since 2002 the ISDA has investigated 274 cases. Of those 274 cases, 12 are being prosecuted, and 18 are investigated and have not reached prosecution. Therefore, 11 percent of the cases are presented for prosecution. And 80-90 percent of the cases are not criminal cases. To pursue a criminal case the prosecutor must be able to prove who, what, where, when and how beyond a reasonable doubt. The owner must be proven to have knowledge and acquiescence to be prosecuted. The civil penalty gives the Department of Agriculture a public policy and civil tool to fine a person. Discussion among committee members included: -section 25-3501 and the definition of an “animal” and whether -the issuance of a civil penalty to owners of various animals; -the use of fines as a preventative measure; -the shooting of diseased animals; -does this legislation make two entities going after the same -how the ISDA works with the prosecutors on investigations; -what is the reason for further legislation, if the Magic Valley case -how much proof does the ISDA need to have before it files a -how will civil penalty be issued, as a warning to prosecution; -the Dept. of Ag’s main motive of correcting problems; -are there ISDA laws that issue civil and criminal penalties; -the interpretation of the bill pertaining to the proof ISDA needs to -does the current law work well or did the ISDA ask for this -have the cases ISDA worked with prosecutors on been isolated to -could the local prosecutors take cases the prosecutor’s office is Bill Chisholm was given the floor to testify on S 1089. He passed out a Bob Naerebout, Idaho Dairymen’s Association, was given the floor to A Motion was made by Senator Noh and seconded by Senator |
H 105 | Relating to the State Seed Advisory Board: to add the Idaho Seed Analysts Association as a permanent member of the Advisory Board. He Idaho Seed Analysts Association member would add technical expertise and have the same voting privileges as other board members. Richard Lawson, Department of Agriculture Senator Goedde made a motion to send H 105 to the Senate with a |
H 106 | Relating to Exotic Animals: to regulate, up to and including the prohibition of, the importation and possession of deleterious exotic animals. These exotic animals pose an increasing threat to Idaho’s agriculture, wildlife, and environment. John Chatburn, Department of Agriculture Senator Gannon made a motion to send H 106 to the Senate with a |
H 108 | Relating to Indemnity Payments for Livestock with Brucellosis: to reconcile conflicting provisions regarding indemnity payments for livestock condemned and destroyed due to brucellosis infection. Dr. Bob Hillman, Department of Agriculture Senator Burtenshaw made a motion to send H 108 to the Senate with |
H 109 | Relating to Soil Conservation Districts: to re-state the roles and responsibilities for the Soil Conservation Districts and Commission in more understandable, modern language. And consolidate into one section the powers and responsibilities of the Commission. Jerry Nicolescu, Idaho Soil Conservation Commission, stated the Senator Noble made a motion to send H 109 to the Senate with a do |
H 157 | Relating to Agriculture Labor Act: to repeal the Idaho Agricultural Labor Act. The Act was enacted in 1972 and there has never been a request for action under the act. Dwight Johnson, Department of Labor, state that since its creation over Senator Goedde made a motion to send H 157 to the Senate with a do |
ADJOURNMENT | Chairman Williams adjourned the meeting at 5:10 p.m. |
DATE: | March 4, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
None |
MINUTES: | A motion was made by Senator Burtenshaw and seconded by Senator Kennedy that the minutes of February 25th be approved as written. The motion carried by a voice vote. |
GUESTS: | Mike Telford, Idaho Crop Improvement; George Doval, Boise County Commission; Butch Suor; Dan Crowell, Idaho State Department of Agriculture; Sandy Donley; John Chatburn, Idaho State Department of Agriculture; Mike Cooper, Idaho State Department of Agriculture; Darrel McRoberts, Idaho State Department of Agriculture. |
CONVENED: | Chairman Williams convened the meeting at 3:05 p.m. |
COMMISSION REPORT Idaho Food |
Michael Becerra, Idaho Food Quality Assurance Institute (IFQAI), was given the floor to present the annual report. He reported on IFQAI’s relationships with Idaho universities that are instrumental in the efficiency of the Institute. He said the clientele was increasing and the budget was adequate for the time being. He thanked Sara Braasch for her guidance, as well as Representative Darrell Bolz, IFQAI’s new chairman, for doing a great job. Mr. Becerra relayed the importance of the interns that work in the lab through the College of Southern Idaho. There have been 13 graduates and the students as well as increasing their education and earning college credits, go on to enter the science or medical fields. Mr. Becerra updated the Committee on the Oust situation, the IFQAI The Institute has increased their efficiency, which makes the lab more Discussion among Committee members included: -Has the lab received requests from private labs; -Is the lab able to handle bioterrorism; -How many years has the Institute been doing well; -What is a typical busy week like in the Institute; -Does the Institute do test plotting? |
H 129 | H 129 Relating to a Plant Health Certificate for seed potatoes: to amend Title 22, Chapter 5, Idaho Code to require that all potatoes offered for sale, sold or delivered under contract into or within the state of Idaho for planting in the state be accompanied by a “plant health certificate.” Mike Cooper, Idaho Department of Agriculture, was given the Floor to present H 129. Mr. Cooper stated currently the law allows for a certificate of inspection to accompany the seed, but that certificate only shows the quality, grade and condition of the seed potatoes at the time of purchase. The Idaho Crop Improvement Association, ICIA, the seed potato certification agency in Idaho, will use the most commonly used plant health certificate “North American Certified Seed Potato Health Certificate.” The plant health certificate will give the generational history and field inspection history behind the seed lots being purchased. The ICIA will begin using the certificate this summer. This legislation also requires that incoming seed potatoes meet the same disease tolerances for a particular generation as required by Idaho standards set forth by ICIA or be down-graded to the next equivalent generation according to Idaho standards. The legislation clarifies where uncertified seed can be planted and performs housekeeping by eliminating outdated language that was restrictive. Discussion among committee members included: -What is the penalty for failing to obtain a certificate, and for illegal -If plant is known to come in from a diseased area, what is the -What is the cost of inspection to certify the seed; -Is this plant health certificate done through a visual inspection, or |
Testimony | Mike Telford, Chairman of the Potato Advisory Committee of the Idaho Crop Improvement Association (ICIA), and a seed grower from Lincoln county testified on H 129. The ICIA supports the H 129. The plant health certificate is something that has been worked on for a number of years at the national level by the National Potato Council. The plant health certificate levels the playing field as far as the type of information required to report on the certificate. The other issue regarding the import of seeds, is for any seed coming into the state must be at least the same standard and quality of that which is in the state. Discussion among Mr. Telford and committee members included: -Who regulates the plant health certificate in other states; -How much does the process cost? |
Motion: | A motion was made by Senator Noh that H 129 be sent to the Senate with a do pass recommendation. Senator Stennett seconded the motion. The motion carried by a voice vote. Senator Williams will sponsor the bill. |
H 127 | H 127 Relating to Private Feeding of big game animals: adds to existing law to authorize the Division of Animal Industries of the ISDA to promulgate rules for the regulation and prohibition of certain private feeding of big game animals, with the cooperation of the Department of Fish & Game (IDFG). John Chatburn, Deputy Administrator of the Division of Animal Industries of the Idaho State Department of Agriculture, was given the Floor to present H 127. The purpose of the legislation is to provide for the regulation of private feeding of big game animals in areas of the state where issues of disease transmission among big game animals, and from big game animals to livestock are a concern. The issue of the brucellosis infected cattle herd last spring brought the The legislation states that only persons who purposely or knowingly
In the legislation the rule making authority does not extend to the If this bill passes, ISDA will follow the same process it has used in the Discussion among committee members and Mr. Chatburn regarding H Senator Schroeder asked for clarification on what Mr. Chatburn Senator Burtenshaw asked about the wording prohibition of certain Senator Noh asked about the ISDA rule making process for the areas Senator Kennedy stated he had trouble equating the private feeding Senator Stennett asked for the definition of supplemental feeding? Senator Kennedy stated he believes the ISDA should have the authority Senator Burtenshaw asked if the intent of the legislation is to not Senator Noh stated he thought H 127 was good legislation. He thought The Committee then heard public testimony on H 127. George Dovel, Chairman of Boise County Interim Winter Feeding A copy of Mr. Dovel’s testimony is on file in the Agricultural Affairs Sandy Donley, resident of Garden Valley, Idaho. Mr. Donley spoke A copy of Mr. Donley’s testimony and letters are on file in the Agricultural Butch Suor, resident of Boise County. Mr. Suor spoke against H 127. Mr. Suor spoke about the statement of purpose on H 127, he thought that Senator Schroeder asked Mr. Donley where the money came from to A motion was made by Senator Noh to send H 127 to the Senate with |
RS 12940C1 | Senator Noh asked the Agricultural Affairs Committee for their consent to send RS 12940C1 regarding to the limitation on budget requests from property taxes; to exempt pest control and mosquito abatement activities from the cap of three percent, upon a public health issue or economic interests adversely affected by insects or by invasive species, to a privileged committee. There was a unanimous vote by the Committee. |
Adjournment: | Chairman Williams adjourned the meeting at 5:05 p.m. |
DATE: | March 6, 2003 |
TIME: | 3:30 pm |
PLACE: | Room 433 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
Vice Chairman Noble, Senators Burtenshaw, Goedde |
GUESTS: | Dr. Richard Parker, College of Southern Idaho, Agriculture Program; David Doeringsfeld, Port of Lewiston. |
CONVENED: | Chairman Williams convened the meeting at 3:40 p.m. |
Gubernatorial Appointment |
Dr. Richard Parker, College of Southern Idaho (CSI) appeared before the committee regarding his reappointment to the Idaho Food Quality Assurance Institute for a term expiring July 1, 2006. Dr. Parker is from Twin Falls, Idaho. He has been with the CSI for 18 years, and has worked in the agriculture program, information technology, and marketing management. He is the Division Director at CSI, and manages the Ag department, and works with the agriculture program. He has extensive education in agriculture. He lived and attended school in Iowa, Canada, and Utah. Before he moved to Idaho he lived in California and worked with Dr. M.E. Ensminger on writing agricultural textbooks. He stated he emphatically believes in the agriculture program at CSI and that the Administration has taken chances with planning that they trust people with. Dr. Parker has been involved in education of the interns at the IFQAI. He thinks the most important thing done at the IFQAI is the involvements of students in the lab, students learn by doing and they receive a certificate in laboratory technology within a years time, students earn credits in this program as well. The students have gone on to school or gone on into the sciences industry. Senator Noh asked if Dr. Parker ran the intern program at IFQAI? Senator Senator Kennedy asked Dr. Parker if any staff have done research on Senator Kennedy also asked what Dr. Parker thought about the dairy odor Chairman Williams commented on the willingness of the outstanding and The Committee will vote on Dr. Parker’s appointment at the next meeting. |
Presentation | David Doeringsfeld, Administrator of the Port of Lewiston, was given the floor to present a report on what is going on at the Port of Lewiston, ways the legislature could help, or things that need to be done. Mr. Doeringsfeld thanked the Committee for the invitation to present to the members an overview of port Intermodal operations and to discuss current issues. He started his presentation with the mission of the Port of Lewiston. He stated the Port of Lewiston has three primary objectives: intermodal transportation, economic development, and international trade. Mr. Doeringsfeld spoke about the economy of North Central Idaho in order to give the Committee members understanding of the transportation issues of the Port of Lewiston. He stated the economy is based on Ag and Timber. He stated the following facts: Wheat- 100% of all wheat shipped on the river is exported. Pulses- 70-80% of Pulses grown in US. Pulp & Paper – 60% of export container volume. Regional Ag Market is a niche market with 80-90% of production Mr. Doeringsfeld went on to discuss the intermodal transportation of the There are also issues on dredging, and salmon recovery. Because of the Mr. Doeringsfeld stated that rail abandonment is a major issue. There is a Mr. Doeringsfeld said a ton of cargo can be shipped from Lewiston to Mr. Doeringsfeld said the Port works the Department of Agriculture, the A copy of the handouts provided by David Doeringsfeld is on file in the |
Adjournment: | Chairman Williams adjourned the meeting at 4:15 p.m. |
DATE: | March 11, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 433 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
Senator Goedde |
MINUTES: | The motion was made by Senator Noble and seconded to approve the minutes of February 18th, 2003. The motion carried by a voice vote. |
GUESTS: | Laura Johnson, Marketing division of Idaho State Department of Agriculture; Peter Mundt, Marketing division of Idaho State Department of Agriculture; Wes Jones, examiner, Idaho State Department of Agriculture; Russ Dapsauski, Program Manager, Idaho State Department of Agriculture; Dar Olberding, Idaho Grain Producers Association; Dennis Tanikuni, Idaho Farm Bureau Federation; Darrel McRoberts, Idaho Farm Bureau Federation; Brad Hoaglun, Idaho Alfalfa & Clover Seed Growers Association. |
CONVENED: | Chairman Williams convened the meeting at 3:03 p.m. |
Gubernatorial Appointment |
Vote On Gubernatorial Appointment of Dr. Richard Parker to the Idaho Food Quality Assurance Institute for a term expiring July 1, 2006. Senator Noh recommended the Committee confirm Dr. Parker to the Idaho Food Quality Assurance Institute. The motion was seconded and the motion carried by a voice vote. Senator Noh will sponsor the confirmation. |
H 102 | H 102 Relating to Bonded Warehouses; amending Idaho Code to restrict the time in which certain contracts are eligible for payment from the Commodity Indemnity Fund. Dar Olberding, Idaho Grain Producers Association, was given the Floor to present H 102. Mr. Olberding gave some history of the Commodity Indemnity account, which was created to help bail out the farmers when an elevator or a warehouse became insolvent. The program has worked well, and it has saved a number of people from going under. In the last few years there were some warehouses that had problems and did fail, and partly due to NPE contracts (No Price Established), Idaho Code refers to them as price-later contracts. In an NPE contract assets are transferred. When a farmer puts his grain into an NPE he gives title to the elevator, and the elevator can borrow money or do whatever he wants with that grain. The idea behind it is to be able to move the grain further down the line in the process. The contracts are a valuable tool, but the problem is when the contracts were left over years, for large amounts of money, and with the insolvency of the elevators, it became a contributing problem. Therefore the industry thought that by limiting the amount of exposure to the Commodity Indemnity fund to six months on the contract, and then the farmer could come back in and renegotiate for another six months, so at least people keep track of what is going on. Mr. Olberding stated that the Association’s membership voted on this at their conference last fall and thought it was a good idea. The legislation will protect farmers and will protect the integrity of the Fund, the Fund has been used, but the industry doesn’t want to see it be abused. Mr. Olberding stated the warehouse rules will probably be rewritten in a year or two and this is just a stop-gap measure to protect the fund right now. Discussion among Committee members and Mr. Olberding included: Senator Noh asked about the reference of every six months, Senator Burtenshaw asked Mr. Olberding if there was a price Senator Noh asked for clarification on this scenario: a farmer Senator Williams stated that he could take the grain into the |
MOTION: | Senator Burtenshaw made the motion to send H 102 to the Senate with a do pass recommendation. A second was made by Senator Gannon. The motion carried by a voice vote. Senator Burtenshaw will sponsor the bill. Senator Noh will co-sponsor the bill. |
H 298 | H 298 Relating to Idaho Agricultural Products; amending Idaho Code, addition of section, for promotion and certification of Idaho Agricultural Products. Laura Johnson, Bureau Chief of the International Trade and Domestic Market Development for the Idaho State Department of Agriculture was given the Floor to present H 298. Laura expressed her excitement about the innovative programs for ISDA and services that will assist Idaho producers and increase their sales and expand their markets. This legislation gives ISDA the ability to promulgate rules and collect fees from voluntary promotion and certification programs. The legislation will assist agriculture producers and allow them to take advantage of niche markets, specialty products and identity preserved products where documentation and government certification is necessary. These are growing segments of Idaho agriculture economy. ISDA marketing division launched a common mark, to be used on a voluntary basis by food producers and non-food producers of agriculture products, entitled “IDAHO PREFERRED.” The mark is a horizontal blue oval with a mountain range and bright yellow starburst appearing behind the mountains. The word IDAHO appears below the mountain in yellow. The word PREFERRED appears in a yellow ribbon underneath the word IDAHO. The state, through the Idaho Department of Commerce, has been working on a Brand Idaho program, and this program has come up with a standard font for the word “Idaho.” ISDA will use this same Idaho. This legislation protects other marks used by commodities. This legislation is supported by the Idaho Farm Bureau, the Food Producers of Idaho, the Idaho Potato Commission, the Idaho Mint Growers Association, and the Idaho Organic Producers Association. A number of other commodity commissions are either supporting it or have no objection to it. ISDA next step will be to launch some programs in July, with full launching in the fall. Discussion among Committee members and Laura Johnson included the -Is the mark registered; -why is there an emergency clause in the legislation; -who is going to do the certification program; -will ISDA meet with each industry to set up the rules for each -who will enforce the program; -are there penalty provisions; -regarding joint promotional programs, and the number of different -how will the fees work, will commodity pay a check off to have -will the manpower to run the program be paid through the -concern was expressed about how to back up certification and -what is the affect on the foreign markets; -concern was expressed about the quality of products certified and -will ISDA work with industry through the rule making process -will individuals be able to use the mark? |
TESTIMONY | Brad Hoaglun, with Alfalfa and Clover Seed Growers Association, stated the idea of a brand, or marketing program for alfalfa seed growers came up at this time a year ago. The growers association talked with the Commission about doing something because Idaho is the number one producers of winter hearty alfalfa seed in the country, and it has an excellent reputation but in regards to price its very good quality but it costs more, and Idaho is hammered by Canadian seed. They are excited about this program because it lends an identity to more than just alfalfa seed, but to all agricultural products. He stated that each industry should address their own quality or certification, and that the ISDA mark and the promotional program will lend quality to all Idaho products. |
MOTION: | A motion was made by Senator Noble and seconded by Senator Burtenshaw that H 298 be sent to the Senate with a do pass recommendation. The motion carried by a voice vote. Senator Noble will sponsor the bill. |
ADJOURNMENT | Chairman Williams adjourned the meeting at 4:00 p.m. |
DATE: | March 13, 2003 |
TIME: | 2:30 p.m. |
PLACE: | Room 433 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
None |
MINUTES: | Senator Noh made the motion the minutes of February 27, 2003 be approved as written. The motion was seconded by Senator Burtenshaw. The motion carried by a voice vote. Senator Burtenshaw made the motion the minutes of March 4, 2003 be |
GUESTS: | Roger Batt, Idaho and Eastern Oregon Seed Association; Dar Olberding, Idaho Grain Producers Association; Dennis Tanikuni, Idaho Farm Bureau; Russ Dapsauski, Idaho State Department of Agriculture; Wes Jones, Idaho State Department of Agriculture; Don Tolmic, Western Bean Dealers Association; Darrel McRoberts, Idaho State Department of Agriculture; Pat Collins, Idaho Bankers Association. |
CONVENED: | Chairman Williams convened the meeting at 2:35 p.m. |
H 309 | H 309 Relating to Seed Indemnity Fund; amends the Seed Indemnity Fund law to revise how bonds are calculated. H 309 was presented by Roger Batt, Executive Director of the Idaho and Eastern Oregon Seed Association. Mr. Batt presented letters from the Idaho Farm Bureau, the Idaho Cooperative Council, Inc., Nezperce Prairie Grass Growers Association, and Food Producers of Idaho, all of which state they support H 307, H 308, and H 309. A copy of the letters is on file in the Agricultural Affairs Committee secretary’s office. Mr. Batt stated that the three bills are intended to protect Idaho producers and the Commodity and Seed Indemnity Funds. These pieces of legislation establish a bonding requirement that aids the producer in the event of a bankruptcy or failure of a warehouse. The three bills come as a package deal because they all parallel each other. Under section 22-5104 Idaho Code, it eliminated double bonding. Under section 22-5105 Idaho Code, it changes the amount of the bond, lines one through six on page 3 of the bill. Under section 22-5109 Idaho Code, it authorizes the Idaho State Department of Agriculture (ISDA) to make copies of certain books, records, papers and accounts of seed buyers. Senator Noh asked Mr. Batt about the size of seed warehouses in Senator Burtenshaw asked Mr. Batt on clarification of the scale on page Senator Kennedy asked how the grower is protected if there is over $8 Senator Noh asked what the total bond required would be if they were |
H 308 | H 308 Relating to Bonded Warehouse Law; amends the Bonded Warehouse law to revise how bonds are calculated. Dar Olberding, from the Idaho Grain Producers Association presented H 308. Mr. Olberding stated that since these three bills are related, he would discuss the bonding. A matrix on how the bond amount is determined is on page 3 of H 308. The bonds were never high enough to cover a big loss, they were financially too costly. This is why the Commodity Indemnity Account was created because it was known that insurance could not cover a failure. There has been a give and take, and this is why the bonding requirement doesn’t go on up to $50 million. Senator Williams asked if it wasn’t the plan to be phased out after three years? Mr. Olberding stated this was true but its been in affect for fourteen years. Mr. Olberding stated that in H 308 other things can be used other than a bond. He also stated the legislation deals with confidential records. Senator Noh asked Mr. Olberding what has caused the change? Mr. Darrel McRoberts, ISDA, stated that this legislation does not cover up any |
H 307 | H 307 Relating to Commodity Dealer Law; amends the Commodity Dealer law to revise how bonds are calculated. Dar Olberding presented H 307 to the Committee. Mr. Olberding stated that this is the bill that Senator Noh asked if small commodity dealers had a bond requirement Senator Kennedy asked what they were required to bond? Mr. Olberding Senator Williams stated that there are other funds that help cover the Senator Kennedy asked about the history of failures and the coverage of Russ Dapsauski, ISDA, stated the funds are capped at between ten and |
Testimony | Bruce Beckland, manager of Farmers Warehouse in Mountain Home, Idaho wrote a letter to the Committee read by Senator Kennedy. Mr. Beckland stated he supported H 309, H 308, and H 307. |
Testimony | Pat Collins, representing the Idaho Bankers Association, voiced the Associations support for H 309, H 308, H 307. The Association looked at the language about the alternatives for bonds and believes them to be good alternatives. |
MOTION: | A motion was made by Senator Noble and seconded by Senator Noh that H 309 be sent to the Senate with a do pass recommendation. The motion carried by a voice vote. Senator Noble will sponsor the bill. |
MOTION: | A motion was made by Senator Noble and seconded by Senator Burtenshaw that H 308 be sent to the Senate with a do pass recommendation. The motion carried by a voice vote. Senator Burtenshaw will sponsor the bill. |
MOTION: | A motion was made by Senator Noble and seconded by Senator Goedde that H 307 be sent to the Senate with a do pass recommendation. The motion carried by a voice vote. Senator Williams will sponsor the bill. |
ADJOURNMENT | Chairman Williams adjourned the meeting at 3:15 p.m. |
DATE: | March 20, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 433 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett |
MEMBERS ABSENT/ EXCUSED: |
Senator Kennedy |
MINUTES: | A motion was made by Senator Gannon and seconded by Senator Noble that the minutes of March 11th be approved as written. The motion carried by a voice vote. |
CONVENED: | Chairman Williams convened the meeting at 3:12 p.m. |
GUESTS: | Laura Johnson, Idaho State Department of Agriculture; Leah Clark, Idaho Beef Council; Candi Fitch, Idaho Apple & Cherry Commission; Sara Braasch, Idaho Cattle Association. |
COMMISSION REPORT |
Leah Clark, Idaho Beef Council, was given the floor to present the annual report to the committee. Ms. Clark gave a brief history of the Beef Council, its Board of Directors, and its checkoff program. She stated the Council focuses on beef promotion, research, and new product information. The Beef Council has a state and national partnership regarding advertising, promotion, and other programs. Ms. Clark reported on new projects within the Beef Council regarding two new television ads, a new print campaign, as well as a retail push on new products. She stated that overall demand for beef is increasing, and that consumers are willing to pay more for certain products. The goal of the Beef Council is to increase beef consumption by six percent by 2005. The Beef Council is also very involved in an education program to reach the children, involving teachers, dieticians, and other health care professionals. Ms. Clark commented on the Beef Council’s research stating that Idaho is one of the leading states as far as doing instate nutrition research involving CLA (conjugated linolaic acid), a natural occurring fatty acid in dairy and beef products, its been found to inhibit tumor growth. As well as research on e. coli. She presented a copy of the financials including budgets and projects, as well as details on where the check off funds go to. A copy is on file in the Agricultural Affairs Committee secretary’s office. Discussion among committee members and Ms. Clark included: -litigation on the national check-off; -the cost of the litigation, and how it is funded; -concern for the adolescent vegetarian trend; -incentive for foreign countries to take share of the beef industry; -how much more does Idaho import than export? |
COMMISSION REPORT |
Candi Fitch, Idaho Apple Commission and the Idaho Cherry Commission was given the floor to present the annual report to the committee. Ms. Fitch gave her report on the Apple Commission first. Ms. Fitch reported on the status of the budget. She stated that a late frost caused a crop reduction with the crop ended 75% of normal, the quality of this crop was excellent however. The apple industry is made up of older trees, and there are fewer plantings going in to replace the trees going out. The Apple Commission, if there was a full crop, would have 1.5 million bushels, and the commission receives $0.05 on each box. It takes five to seven years for a tree to reach full production. The national apple crop is estimated at 2.3 million bushels, the smallest crop in the USA in the past 16 years. The Apple Commission received some specialty crop funds, and they developed a website idahoapples.com. Ms. Fitch reported on the figures in the budget. A similar season to this year is anticipated for next year. She reported that Washington and Idaho currently export apples into Mexico in conjunction with the Northwest Food Exporters. She reported on local promotions with the Women’s Fitness Celebration, and the Western Idaho Fair. Research is being done with University of Idaho that is very important to the apple industry, involving funds of $20,000, however, this fiscal year they reduced the allotment to $15,000. Discussion among committee members and Ms. Fitch included: – Are apple crops being replaced by grapes? – What is the gross on an acre of apples? – Is the Chinese apple juice still a devastating factor to the apple – Are foreign countries developing better apples? – Do we need new breeds in Idaho? – Are people buying more local grown apples or foreign export – Are the Fugi and Gala apples taking over the Red Delicious – Is there a market for dried apples? Ms. Fitch reported on the Cherry Commission stating that the cherry crop Discussion among committee members and Ms. Fitch included: – Which variety of cherry is sold the most? |
Senator Noh gave the committee an update on the search for a Dean of Agriculture for the University of Idaho. Senator Noh reported that he was on the Advisory Group for the College of Agriculture. In interviewing the finalists for the Dean’s position, which is a very important, and high profile position for the agricultural industry. The main selection committee is made up of seventeen faculty members and the two outside members are Sara Braasch and Dick Rush, this group will make the recommendation to the acting President of the University in the absence of President Hoover. Overall, the qualifications of the candidates is extremely impressive. Senator Noh commented that the finalists include: D.C. Coston, Oklahoma State University; A. Gene Nelson, Texas A & M; Sharron Quisenberry, Montana State University; Michael Weiss, University of Idaho. Discussion among committee members included the strong suits of each |
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ADJOURNMENT | Chairman Williams adjourned the meeting at 4:16 p.m. |
DATE: | March 25, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 433 |
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
Senator Geodde |
MINUTES: | The motion was made by Senator Kennedy and seconded by Senator Gannon that the minutes of the meeting held on March 6th be approved as written. The motion carried by a voice vote. The motion the made by Senator Stennett and seconded by Senator |
GUESTS: | Tyler Ricks, student; Victoria Paulson, Idaho Medical Association; Robert Wilkosz, Department of Environmental Quality. |
CONVENED: | Chairman Williams convened the meeting at 3:05 p.m. |
H 228 | Relating to Agricultural Field Burning; Amending Section 22-4803, Idaho Code, to provide that rules promulgated by the Department of Environmental Quality (DEQ) relating to opacity standards shall not apply to crop residue burning. Representative Wayne Meyer presented H 228 to the Committee. He stated that this legislation clarifies the issue of opacity or visual emissions. Visible emissions or opacity were never intended to apply to agricultural burning, they were only intended to apply to point source pollution meaning smokestacks. In 1985 there was legislation passed that took the control of field burning out of the hands of DEQ. In 1998 that language was changed and the authority to regulate field burning was given to the Idaho State Department of Agriculture (ISDA). When this happened it created some degree of uncertainty when it comes to the issue of opacity. This legislation is an attempt on his part to clarify the issue. In US Environmental Protection Agency Region 10, these are draft rules for Tribal lands in the state of Idaho, and in section “Rules for limiting visible emissions”, it states what is exempt from these rules and it states that these rules do not apply to open burning for agricultural activities. It very precisely states that visible emissions, or opacity, do not apply to agricultural burning, and this is the EPA. Representative Meyer questioned why the state of Idaho should be any different than what the EPA is. Senator Schroeder asked for the definition of opacity. Representative Senator Noh asked if the Committee was going to hear from an Senator Gannon asked if DEQ had rules that deal with opacity standards? Senator Williams stated he spoke with a gentleman from DEQ on opacity, Senator Schroeder asked about the regulation for dust storms, in the Senator Kennedy asked if the opacity standards undertaken by tests of Representative Meyer stated that the standards are an attempt to keep Senator Kennedy asked why the same standards wouldn’t apply to fields Senator Noh stated that if there is an opacity problem it appears they then Senator Noble commented that he thought the discussion was about the The Committee welcomed Robert Wilkosz, DEQ, to the meeting. Mr. Wilkosz stated that opacity was never tied to health effects. This Senator Williams stated that this bill, H 228, was originally part of four |
MOTION: | A motion was made by Senator Burtenshaw and seconded by Senator Noble that H 228 be sent to the Senate with a do pass recommendation. The discussion on the motion included: -the impression that some groups seem to get exemptions, and -the history of burning and the regulations imposed on it; -the prematurity of passing one bill without seeing what the others -whether the legislation is needed; -the list of exemptions on page 156 of IDAPA Rules 58.01.01 Representative Meyers stated that in rules, it came to light during this Mr. Wilkosz spoke about particulate matter versus opacity. The national Senator Kennedy asked how this bill will modify the ISDA rules? Mr. Senator Noble called for the question. Chairman Williams yielded to knowledge on his part. Senator Stennett stated,”so EPA doesn’t use Mr. Wilkosz stated that last year EPA proposed rules for Tribal Air Quality Chairman Williams asked for a roll call vote. Senators Noble, Noh, |
DATE: | March 27, 2003 |
TIME: | 3:00 pm |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Williams, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
Vice Chairman Noble |
MINUTES: | The motion was made by Senator Noh and seconded by Senator Burtenshaw to approve the minutes of March 20th. The motion carried by a voice vote. The motion was made by Senator Schroeder and seconded by Senator |
GUESTS: | Bill Chisholm; Stacy Butler, Idaho Rural Council; Veronica Lierman, Jerome County Commissioner; John Elorrieta, Jerome County Commissioner, Idaho Association of Counties; Maggie Mahoney, Idaho Association of Counties; Representative Bert Stevenson; Darrel McRoberts, Idaho State Department of Agriculture; Reed Batt, Idaho Hop Commission; Mike Gooding, Idaho Hop Growers Association; Lauren McLean, Idaho Conservation League; Laurie Warren; Bob Naerebout, Idaho Dairymen’s Association; Neil Colwell. |
CONVENED: | Chairman Williams convened the meeting at 3:00 p.m. |
Commission Report |
Idaho Hop Commission Report
Mike Gooding, Idaho Hop Growers Association, was given the floor to Mr. Gooding then spoke on behalf of the Idaho Hop Commission Discussion between Mr. Gooding and Committee members included: -What does Mr. Gooding recommend if he opposes a beer tax and -At what level is the beer tax assessed; -How many acres of hops are grown in Idaho; -Are most hop crops contracted before they’re grown; -What is the cost to put in a new crop of hops; -What is the longevity of the hop plant; -How do hops compare to grapes? |
H 283a | Relating to Local Land Use Planning; to revise provisions relating to large confined animal feeding operations (CAFO). The purpose of the legislation is to recognize the importance of local concerns regarding the siting of CAFOs by mandating that county boards of commissioners enact ordinances and resolutions regulating the siting of such operations and requiring that no fewer than one public meeting be held wherein citizens whose primary residence is within one mile, or such greater distance as determined by the county board of commissioners, of the proposed site may provide input to be considered in the county’s siting decisions. Representative John A. “Bert” Stevenson was given the Floor to Representative Stevenson then described the definition of CAFO and the Discussion between the Committee members and Representative |
Testimony | Lauren McLean, Idaho Conservation League was given the Floor to testify on H 283a. The Idaho Conservation League believes the bill is a step in the right direction, however, it is concerned about the issue of distance, most subdivisions are further than one mile from the CAFOs and the problems extend further than a mile. |
Testimony | Laurie Warren, Filer, Idaho was given the floor to testify on H 283a. She would like the area to be expanded beyond a one mile radius. She would like all those concerned with the siting be allowed to voice their opinion, and she voiced her concern about the county commissioners ability to evaluate a good site for a CAFO. A copy of Ms. Warren’s testimony is on file in the Agricultural Affairs |
Testimony | Bob Naerebout, Executive Director, Idaho Dairymen’s Association, was given the Floor to testify on H 283a. Mr. Naerebout stated the dairy industry supports this legislation. As previously pointed out this bill is a companion to H 284 and the industry feels both bills are important. The industry believes individuals have a right to be heard so they support H 283 as amended. However, the industry would struggle if the radius was extended, but they believed that everyone needs to have confidence in the local elected officials and allow them to do their job also. |
Testimony | Bill Chisholm, Buhl, Idaho was given the Floor to testify on H 283a. The primary role of government is to protect the unalienable rights of all citizens. Jerome County and Twin Falls County both have an administrative approval process below 3,000 animal units. There should be an addition (line 24) to require that permits be issued. Twin Falls county is before the Supreme Court saying that CAFOs don’t come under the Land Use Planning Act because permits are not required (Chisholm vs. Twin Falls County). In the House Ag Committee there was an amendment that took out the entire line dealing with the one mile radius, the motion. Mr. Chisholm proposed an amendment that would state, “public notice of such hearings should be mailed to all property owners within one mile and published in local or regional newspapers” to ensure that potentially affected citizens in neighboring jurisdictions have opportunity to comment. |
Testimony | Stacy Butler, Idaho Rural Council was given the Floor to testify on H 283a. Ms. Butler stated her family owns and operates a cattle ranch in Bliss, Idaho. She has also served on the Gooding Planning & Zoning commission for five years. She stated the foremost reason the committee has been filled with angry citizens from the rural communities across southern Idaho over the past five years is either due to poor siting of dairy CAFOs or a lack of opportunity for public participation in the siting process. She offered the following comments: -Insert the word “permit”, H 283 as amended doesn’t explicitly -The limitation of only those whose primary residence is within one -Why not require counties to provide the same opportunity for -Where should the mile radius should be drawn from? She -Given the fact that the average dairy CAFO in Idaho is around A copy of Ms. Butler’s testimony is on file in the Agricultural Affairs |
Testimony | Veronica Lierman, Chair of the Jerome County Board of Commissioners was given the Floor to testify on H 283a. Ms. Lierman expressed the Commissioners opposition to H 283a. She stated a 1988 approval of a CAFO was appealed to District Court and the State Supreme Court where it was ruled in their (Planning & Zoning Commission and County Commissioners) favor; it is the responsibility of counties to set their planning and zoning requirements and processes. Ms. Lierman described the administrative approval process and stated this legislation would require them to abandon this process. She stated when an application is received, notice of the application and an invitation to inspect the application is printed in the newspaper and currently notices are sent to everyone within a 1,000-ft. radius. Once the administrator is satisfied that all requirements of our ordinance are being addressed, we request an inspection by the state siting team. If the report is favorable and county requirements are met, the administrator issues a permit, which does not become effective until the time allowed for appeal has passed. Once again notice of the approval or denial is published and neighbors are notified. If the permit is appealed, a hearing is held before the P&Z commission and the hearing focuses on the grounds for the appeal. During the past 2.5 years there have been 7 CAFO appeal hearings (3 for dairies and 4 for calf operations). A copy of Veronica Lierman’s testimony is available on file in the |
Testimony | Jon Elorrieta, on behalf of Jerome County and representing the Idaho Association of Counties (IAC) was given the Floor to testify on H 283a. Mr. Elorrieta stated the IAC opposes the legislation for its circumvention of the local ordinance authority, it dictates to all 44 counties that they shall adopt a CAFO ordinance, and what they shall include in that ordinance. Mr. Elorrieta presented a letter from the Executive Director of IAC to the Committee members, a copy is on file in the Agricultural Affairs secretary’s office. Mr. Elorrieta then spoke on behalf of Jerome County and the process of adopting a CAFO ordinance is not quickly done. He stated they have been reviewing the current ordinance for two years, to present changes to the current ordinance. In mandating a CAFO ordinance to counties that will never need a CAFO ordinance goes to far in the eyes of the IAC. IAC does want public input in the decisions. He stated that local officials are very sensitive to public comment. No one has approached him about the need to alter the permit process. At the county level, objective standards are what the county needs to apply in whether or not to deny or grant a CAFO. The issues the administrator is looking at are setbacks in the ordinances, and numbers. Water quality, quantity, and odor the county has neither the authority nor the expertise to enforce. |
Testimony | Neil Colwell, Hammett, Idaho in Elmore County was given the Floor to testify on H 283a. Mr. Colwell stated that he has been involved in a CAFO siting in Elmore County. He commended the sponsors for the legislation and expressed his opinion that it is a step forward. He stated he knew it was an imposition on the counties who would never have to address the CAFO issue. Mr. Colwell stated he would like to see some amendments to the legislation, but the House killed those and he recommended the committee do pass the legislation. If it is not passed here, and sent to be amended, and goes back to the House he felt the legislation would die. |
MOTION | A motion was made by Senator Noh and seconded by Senator Stennett to sent H 283 as amended to the Senate with a do pass recommendation. |
SUBSTITUTE
MOTION |
A substitute motion was made by Senator Goedde to sent H 283 as amended to the 14th order. The motion died for lack of a second. Chairman Williams called for a roll call vote. Senators Noh, |
ADJOURNED | Chairman Williams adjourned the meeting at 5:05 p.m. |
DATE: | April 1, 2003 |
TIME: | 3:00 p.m. |
PLACE: | Room 437 |
MEMBERS PRESENT: |
Chairman Williams, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
MEMBERS ABSENT/ EXCUSED: |
Vice Chairman Noble |
CONVENED: | Chairman Williams convened the meeting at 3:05 p.m. |
GUESTS: | Doug Scoville, Idaho Rapeseed & Canola Commission was given the Floor to present the Commission report. Mr. Scoville reported the Idaho Canola/Rapeseed Commission was created in 1996 for the purpose of implementing a program of research, promotion, and consumer and industry information designed to strengthen the position in the marketplace of the Idaho canola and rapeseed industry, to expand existing markets, and to develop new markets for canola and rapeseed and their products as outlined in the Canola and Rapeseed Research and Development Act, Idaho Code, Section 22-4701. By definition, crops affected by the Commission include canola, rapeseed, and mustard. The Commission’s top research priority is developing more and better In 2000, the Commission had built a reserve of funds to begin awarding Discussion between Committee members and Mr. Scoville included: – When did the Commission begin expending funds? ; – Questions about the Commissions actual operating expense; – What is the trend of canola crops? Mr. Scoville commented on research that has shown that the growing of There was discussion between Senator Noh and Mr. Scoville regarding Senator Williams asked about the total acreage in Idaho. Mr. Scoville A copy of the Commission report is on file in the Agricultural Affairs |
ADJOURNED | Chairman Williams adjourned the meeting at 3:40 p.m. |
DATE: | April 2, 2003 | ||||||||
TIME: | 7:00 a.m. | ||||||||
PLACE: | Room 426 | ||||||||
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Kennedy |
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MEMBERS ABSENT: |
Senator Stennett | ||||||||
CONVENED: | Chairman Williams convened the meeting at 7:05 a.m. | ||||||||
Senator Kennedy initiated a discussion of whether the meeting was consistent with the open meeting law. Mr. Michael Bogert, Governor Kempthorne’s office, outlined the law, and generally described the litigation and court supervised mediation which must be conducted under the protective order directed by the court. He indicated a conservative interpretation of the open meeting statute authorizes executive sessions for legislative committees under these circumstances. Senator Noh indicated the court ordered mediation of the Nez Perce Chairman Williams asked for a roll call vote to enter into an
Senator Stennett was absent. Senator Kennedy chose to not attend the |
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RECONVENED: | The Committee moved to adjourn the Executive Session at 7:55 a.m. No decisions were made and no votes were taken in Executive Session. |
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Briefing on
H391 |
The Committee then heard from Representative Doug Jones, sponsor of H 391. Representative Jones briefed the Committee on the history of the legislation through drafting, House Committee hearings, the negotiations with the affected industry and public, and meetings with the Governor’s office. Representative Jones stated the legislation as it appears in H 391 is supported by the Food Producers, the Grain Producers, and the Farm Bureau. The anti-burning group is opposed to the section of the legislation concerning a safe harbor provision. There was discussion between the Committee members and |
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ADJOURNED: | There being no other business, the Chairman adjourned the meeting at 8:13 a.m. |
DATE: | April 3, 2003 | ||||||||||
TIME: | 3:00 p.m. | ||||||||||
PLACE: | Room 437 | ||||||||||
MEMBERS PRESENT: |
Chairman Williams, Vice Chairman Noble, Senators Noh, Burtenshaw, Schroeder, Goedde, Gannon, Stennett, Kennedy |
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MEMBERS ABSENT: |
None | ||||||||||
GUESTS: | Darrel McRoberts, Idaho State Department of Agriculture; Pat Barclay, Idaho Council on Industry and Environment; Dr. Greg Nelson, Idaho Farm Bureau Federation; Linda Clovis, North Idaho Farmers; Paul Stearns, farmer; Lawrence M. Lampert, fieldsman; Patti Gora, SAFE; Tony Park, American Lung Association; Jeff Tee, farmer; Nick Lawson, farmer; Kristy Reed Johnson, Air Quality Advisory Committee; Richard Morrison, farmer; Steve Johnson, Idaho Grain Producers Association; Roger Batt, Idaho Eastern Oregon Seed Association; Bill Flory, farmer; Michael Bogert, Governor Kempthorne’s office; Phil Lampert, farmer; Keith Daman, farmer; Robert Wilkosz, Department of Environmental Quality. |
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CONVENED: | Chairman Williams convened the meeting at 3:08 p.m. | ||||||||||
MINUTES: | A motion was made by Senator Kennedy to approve the minutes of March 27, 2003. The motion was seconded by Senator Geodde. The motion carried by a voice vote. A motion was made by Senator Burtenshaw to approve the minutes of A motion was made by Senator Noh to approve the minutes of April 2, |
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H 391 | Relating to Smoke Management and Crop Residue Disposal; amending the Smoke Management and Crop Residue Disposal Act of 1999 by expanding the program from just Kootenai and Benewah counties to all of the ten north Idaho counties. |
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Presentation of Legislation |
Representative Doug Jones presented H 391 to the Committee. Representative Jones stated H 391 comes before the Committee after a long series of legislation this session. He reported there was a hearing in the Gold Room regarding H 228 relating to DEQ opacity standards, H 226 relating to certain trespass provisions that do not apply to smoke or odors, H 227 relating to eliminating lawsuits or injunction on farmers who burn within regulations. These three bills were married together. However, H 226 and H 227 were held in the House Agricultural Affairs Committee. H 228 was passed by both houses and is on its way to the Governor. This piece of legislation, H 391, is a product of several drafts and compromises. H 391 was conceptually presented to the Food Producers of Idaho, and was supported. The legislation was discussed with the agricultural community representatives, state agencies, and other affected people at a meeting held at the Department of Agriculture. H 391 makes significant changes to the Smoke Management and Crop Residue Disposal Act of 1999 which recognizes burning as an accepted agricultural practice. Representative Jones went through the legislation section by section identifying the changes made through additions and deletions of language. He highlighted the following specific areas: -Intent of the legislature to promote agricultural activities while at -Recognition that northern Idaho has unique conditions in regard -Legislation encourages ISDA to cooperate with DEQ. -Shift ISDA control of eight counties to ten counties, taking two -The requirement to register ($1.00 per acre) and seek approval to -The penalties are loss of burning for one year for the first -ISDA is required to investigate violations. -The safe harbor provision for farmers who abide by the rules -The allowable uses of funds generated by registration. -The emergency clause. -The fiscal impact: generation of approximately $70,000. Discussion between Committee members and Representative Jones Senator Noh asked whether the language in the violation section on page Representative Jones replied by stating that person or party are those Senator Noh stated presumably a person leasing land in northern Senator Noh asked for clarification on the “time of first violation?” Representative Jones stated it was the time the burn occurred. Senator Noble asked in reference to Line 26, all fields “owned” Senator Noble stated this legislation has jaws to it, the farmers Senator Burtenshaw asked about the language in reference to Senator Goedde asked about EPA, Region 10 comments made |
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DISCUSSION: | Senator Stennett asked about Section 22-4803, line 26 where “agricultural” has been struck and replaced by “economically,” what is the intent of this change? Representative Jones stated it makes sense in connection with the entire context. The original construction of the sentence didn’t make sense. Senator Stennett asked about lines 38,39, and 40, what are the standards for state particulate matter? Representative Jones said he knows there are standards, but he can’t speak to them. Representative Jones deferred the question to Robert Wilkosz, DEQ. Mr. Robert Wilkosz, DEQ, stated that Idaho has Ambient Air Senator Kennedy asked why DEQ is being replaced by ISDA? Representative Meyer stated that DEQ would continue to monitor Curt Thornberg, program manager of ISDA, in ISDA rules IDAPA Senator Noble asked who is manning the monitors? Mr. |
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TESTIMONY | Testimony of Fourteen Individuals for a four-minute time allotment appeared as follows. Paul Stearns, a grass farmer on the Couer dAlene Indian reservation in Patti Gora, SAFE (Safe Air For Everyone) represents 1500 members Senator Goedde asked how the passage of this bill would make Dr. Greg Nelson, Idaho Farm Bureau Federation, stated the IFBF was Tony Park, President American Lung Association of Idaho, he Senator Stennett asked Mr. Park about the state’s liability. Mr. Senator Kennedy asked about the liability if this legislation is Linda Clovis, representing the farmers of northern Idaho, supports H Senator Goedde asked about John Iani, of the EPA and his Senator Goedde asked if there was any mention of slash burning Lawrence Lampert, a farmer and turf grass seed employee, spoke to the Jeff Tee, a fourth generation farmer who farms in Benewah and Kootenai Nick Lawson, a Benewah County grass grower, and he also raises wheat Senator Noh asked whether he owns the land or leases it? Mr. Kristy Reed Johnson of Post Falls is a member of the citizen’s air quality Richard Morrison, a Southwest Benewah County and Latah County Bill Flory, a fourth generation producer, and a member of the Nez Perce Phil Lampert, a farmer from Plummer, Idaho in Benewah County favors Keith Daman, a grass farmer from Benewah County spoke about H 391. Michael Bogert, legal counsel to Governor Kempthorne’s office spoke |
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RECESS: | Chairman Williams called for a brief recess at 5:20 p.m. to round up all the Committee members for a vote. |
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RECONVENED: | Chairman Williams reconvened the meeting at 5:25 p.m. | ||||||||||
MOTION: | Senator Noble made a motion to send H 391 to the Senate with a do pass recommendation. It was seconded by Senator Gannon. |
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Discussion | There was discussion on the motion.
Senator Goedde stated he was put in a box by this particular bill, people Senator Noh stated that in his limited evaluation there is no data kept on Senator Kennedy stated he doesn’t want to see any farmers put out of Senator Noh stated it is not good public policy to exempt people from the Senator Stennett wanted it recorded that the state will be sued. And it will Senator Burtenshaw stated the smoke burning window is 40-45 days, and Senator Noble stated that the pioneers came across the prairies and Chairman Williams asked for a roll call vote.
The motion carried with seven ayes and two nays. H 391 will be |
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ADJOURNED: | Chairman Williams adjourned the meeting at 5:35 p.m. |