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H0557...............................................by AGRICULTURAL AFFAIRS
ALFALFA AND CLOVER SEED INDUSTRIES - Amends existing law to rename the
"Alfalfa Seed Industry Act" to the "Alfalfa and Clover Seed Act"; to rename
the Alfalfa Seed Commission to the Alfalfa and Clover Seed Commission; to
provide for representatives of the clover seed industry on the commission;
to provide that powers and duties of the Alfalfa and Clover Seed Commission
include activities relating to clover seed; to provide an assessment on
clover seed; and to require records regarding clover seed.
02/11 House intro - 1st rdg - to printing
02/14 Rpt prt - to Agric Aff
02/18 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 56-0-14
AYES -- Alltus, Barrett, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Denney,
Field(20), Gagner, Hadley, Hansen(23), Hansen(29), Henbest, Hornbeck,
Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake, Loertscher, Mader,
Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail(Miller), Zimmermann
NAYS -- None
Absent and excused -- Barraclough, Deal, Ellsworth, Field(13),
Geddes, Gould, Hammond, Kellogg, Linford, McKague, Pischner, Wheeler,
Wood, Mr Speaker
Floor Sponsor - Jones
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Agric Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Branch
Title apvd - to House
03/29 To enrol
03/30 Rpt enrol - Sp signed - Pres signed
03/31 To Governor
04/05 Governor signed
Session Law Chapter 201
Effective: 01/01/00
H0557
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 557
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE ALFALFA SEED INDUSTRY ACT; AMENDING THE HEADING FOR CHAPTER
3 42, TITLE 22, IDAHO CODE; AMENDING SECTION 22-4201, IDAHO CODE, TO CHANGE
4 THE TITLE OF THE ACT TO THE ALFALFA AND CLOVER SEED INDUSTRIES ACT; AMEND-
5 ING SECTION 22-4202, IDAHO CODE, TO ADD REFERENCES TO CLOVER SEED AND TO
6 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 22-4203, IDAHO CODE, TO ADD
7 REFERENCES TO CLOVER AND CLOVER SEED IN DEFINITIONS AND TO MAKE A TECHNI-
8 CAL CORRECTION; AMENDING SECTION 22-4204, IDAHO CODE, TO CHANGE THE NAME
9 OF THE ALFALFA SEED COMMISSION TO THE ALFALFA AND CLOVER SEED COMMISSION
10 AND TO PROVIDE THAT MEMBERS INCLUDE REPRESENTATIVES OF THE CLOVER SEED
11 INDUSTRY; AMENDING SECTION 22-4205, IDAHO CODE, TO ADD REFERENCES TO
12 CLOVER SEED GROWERS; AMENDING SECTION 22-4207, IDAHO CODE, TO PROVIDE THAT
13 THE POWERS AND DUTIES OF THE ALFALFA AND CLOVER SEED COMMISSION INCLUDE
14 ACTIVITIES RELATED TO CLOVER SEED AND TO MAKE A TECHNICAL CORRECTION;
15 AMENDING SECTION 22-4208, IDAHO CODE, TO PROVIDE A REFERENCE TO THE
16 ALFALFA AND CLOVER SEED COMMISSION; AMENDING SECTION 22-4210, IDAHO CODE,
17 TO PROVIDE AN ASSESSMENT ON CLOVER SEED; AMENDING SECTION 22-4211, IDAHO
18 CODE, TO ADD REFERENCES TO CLOVER SEED IN THE CONTEXT OF PAYING ASSESS-
19 MENTS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 22-4214, IDAHO
20 CODE, TO REQUIRE RECORDS FOR CLOVER SEED AND TO MAKE A TECHNICAL CORREC-
21 TION; AND DECLARING AN EMERGENCY AND PROVIDING A RETROACTIVE EFFECTIVE
22 DATE.
23 Be It Enacted by the Legislature of the State of Idaho:
24 SECTION 1. That the Heading for Chapter 42, Title 22, Idaho Code, be, and
25 the same is hereby amended to read as follows:
26 CHAPTER 42
27 ALFALFA AND CLOVER SEED INDUSTRY INDUSTRIES
28 SECTION 2. That Section 22-4201, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 22-4201. TITLE OF ACT. This act shall be known as the "Alfalfa and Clover
31 Seed Industry Industries Act."
32 SECTION 3. That Section 22-4202, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 22-4202. PURPOSE. It is hereby declared, as a matter of legislative
35 determination, that it is to the best interests of all the people of the state
36 of Idaho that the abundant and natural resources of Idaho be protected, fully
37 developed and uniformly distributed; that economic waste threatens the alfalfa
38 seed and clover seed industry industries in the state of Idaho by the lack of
39 facilities and funds for research to develop and improve control measures for
2
1 diseases and pests which attack alfalfa seed and clover seed pollinators, to
2 improve alfalfa seed and clover seed growing culture and to disseminate infor-
3 mation to the growers, and by lack of proper advertising and dissemination of
4 information necessary for the development and promotion of alfalfa seed and
5 clover seed grown in the state of Idaho; and that it is in the interests of
6 the people, welfare and general prosperity of the state of Idaho that this
7 avoidable economic waste be eliminated by the growers having at their disposal
8 all available information on the best and most advanced methods of culture,
9 growing, harvesting and marketing of alfalfa seed and clover seed. The purpose
10 of this act is to promote the general welfare of our people by improving the
11 culture and production of and expanding the market for alfalfa seed and clover
12 seed grown in the state of Idaho.
13 SECTION 4. That Section 22-4203, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 22-4203. DEFINITIONS. Wherever used or referred to in this act, unless
16 the context requires otherwise:
17 (1) "Commission" means the Idaho alfalfa and clover commission.
18 (2) "Grower" means any landowner personally engaged in growing alfalfa
19 seed or clover seed, a tenant personally engaged in growing alfalfa seed or
20 clover seed, or both the owner and the tenant jointly, and includes a person,
21 partnership, association, corporation, cooperative organization, trust,
22 sharecropper or any and all other business units, devices and arrangements
23 that grow alfalfa seed or clover seed.
24 (3) "Dealer" means any person, partnership, association, corporation,
25 cooperative or other business unit or device that first handles, packs, ships,
26 buys and sells alfalfa seed or clover seed, or who acts as sales or purchasing
27 agent, broker or factor of alfalfa seed or clover seed.
28 (4) "Handled in the primary channels of trade" means the time when any
29 alfalfa seed or clover seed is delivered under a sales contract, sold, or
30 delivered for shipment and sale.
31 (5) "Ship" means to load alfalfa seed or clover seed into any mode of
32 conveyance for transport in the channels of trade or to market.
33 (6) "Processor" and "processing plant" means every person, partnership,
34 association, corporation, cooperative or other business unit or device to whom
35 and every place to which alfalfa seed or clover seed is delivered for clean-
36 ing, packing and blending.
37 (7) "District No. 1" shall consist of the following counties: Ada, Owy-
38 hee, Elmore, Camas, Blaine, Gooding, Lincoln, Minidoka, Jerome, Twin Falls,
39 Cassia, Power, Franklin, Oneida, Bannock, Bear Lake, Caribou, Bonneville,
40 Madison, Teton, Jefferson, Fremont, Butte, Clark and Bingham.
41 (8) "District No. 2" shall consist of the following counties: Boundary,
42 Bonner, Benewah, Shoshone, Kootenai, Nez Perce, Lewis, Latah, Clearwater,
43 Idaho, Valley, Adams, Boise, Gem, Payette, Washington, Canyon, Lemhi and Cus-
44 ter.
45 SECTION 5. That Section 22-4204, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 22-4204. CREATION OF COMMISSION -- MEMBERS -- QUALIFICATIONS -- COMPENSA-
48 TION. There is hereby created an alfalfa and clover seed commission within the
49 department of agriculture, to be thus known and designated. The commission
50 shall be composed of six (6) practical alfalfa seed or clover seed growers and
51 one (1) practical alfalfa seed or clover seed dealer.
3
1 The six (6) grower members shall be citizens and residents of the state of
2 Idaho, each of whom is and has been actively engaged in the growing and pro-
3 ducing of alfalfa seed or clover seed within the state of Idaho, and a sub-
4 stantial portion of whose income has been derived from growing alfalfa seed or
5 clover seed.
6 The one (1) dealer member shall be a person who, individually or as execu-
7 tive officer of a corporation, firm, partnership, association or cooperative
8 organization, is and has been actively engaged as a dealer in alfalfa seed or
9 clover seed within the state of Idaho, is a citizen and resident of this
10 state, and a substantial portion of his income shall have been derived from
11 handling, packing, shipping, buying and selling alfalfa seed or clover seed,
12 or acting as sales or purchasing agent, broker or factor of alfalfa seed or
13 clover seed.
14 The qualifications of members of the commission as herein set forth must
15 continue during their term of office. Each member of the commission shall be
16 compensated as provided by section 59-509(n), Idaho Code.
17 SECTION 6. That Section 22-4205, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 22-4205. APPOINTMENT OF NOMINATING COMMITTEE -- PRESENTATION OF NOMINEES
20 TO ANNUAL MEETING -- TIME AND PLACE OF ANNUAL MEETING. (1) The director of the
21 department of agriculture shall appoint a grower nominating committee of three
22 (3) growers from each district, whose responsibility shall be to select a
23 slate of nominees for vacancies occurring on the commission either by expira-
24 tion of term or for other reasons a vacancy may occur. Two (2) grower members
25 shall be nominated by the nominating committee for each vacancy occurring on
26 the commission membership. The nominations of the nominating committee shall
27 be presented to the annual meeting of alfalfa seed and clover seed growers for
28 concurrence in the list of nominees, or for such substitutions to the list as
29 the annual meeting may make by majority vote. Each member nominated for the
30 commission shall be a resident citizen of the state of Idaho for a period of
31 four (4) years prior to his election or selection, shall have active experi-
32 ence in growing alfalfa seed or clover seed and shall be now actually engaged
33 in growing alfalfa seed or clover seed in Idaho and shall derive a substantial
34 portion of his income from growing alfalfa seed or clover seed or be the
35 directing or managing head of a corporation, firm, partnership, or other busi-
36 ness unit which derives a substantial portion of its income from growing
37 alfalfa seed or clover seed. To continue holding office, each member must
38 remain qualified. The governor may remove any member who becomes disqualified
39 during his term of office or who is unable to carry out his duties. The term
40 of office of each member of the commission shall terminate on the last day of
41 June of the year in which the term for which the member was elected ends, but
42 each member of the commission shall serve until his respective successor is
43 elected and has qualified. From such list of nominees, the governor shall des-
44 ignate and appoint one (1) as a member of the commission. Said annual meeting
45 shall be held at a time and place designated by the alfalfa and clover seed
46 growers association with notification mailed to all alfalfa seed and clover
47 seed growers in Idaho.
48 (2) A general meeting of the Idaho Eastern Oregon Seed Association shall
49 nominate two (2) dealers, one (1) of whom shall be appointed as provided for
50 in this act by June 30 of each year, and one (1) of whom shall be designated
51 as alternate.
52 SECTION 7. That Section 22-4207, Idaho Code, be, and the same is hereby
4
1 amended to read as follows:
2 22-4207. POWERS AND DUTIES OF COMMISSION. The powers and duties of the
3 commission shall include the following:
4 (1) To administer and enforce this act.
5 (2) To contract in the name of the commission and be contracted with.
6 (3) To employ and at pleasure discharge a research director, research
7 staff, a secretary, advertising manager, advertising agents, agents, attor-
8 neys, and such clerical and other help as it deems necessary and to control
9 their powers and duties and to fix their compensation.
10 (4) To keep books, records and accounts of all its dealings, which books,
11 records and accounts of all its dealings shall be open to inspection by the
12 state controller at all times.
13 (5) To purchase or authorize the purchase of all office equipment and/or
14 supplies and incur all other reasonable and necessary expenses and obligations
15 in connection with and required for the proper carrying out of the provisions
16 of this act.
17 (6) To become a member of and purchase membership in trade organizations
18 and to subscribe to and purchase trade bulletins, journals and other trade
19 publications.
20 (7) To plan and conduct a research program to improve the quality of
21 alfalfa seed and clover seed, to develop and improve control measures for dis-
22 ease and pests which attack alfalfa and alfalfa seed pollinators and clover
23 and clover seed pollinators and to improve alfalfa and clover growing culture
24 and to disseminate such information among the growers and dealers of the state
25 and to make such research contracts and other agreements as may be necessary.
26 (8) To plan and conduct a publicity and sales promotion campaign to
27 increase the sale and use of Idaho alfalfa seed and clover seed and to make
28 such publicity and sales promotion contracts and other agreements as may be
29 necessary.
30 (9) To establish and maintain the executive offices of the commission at
31 any place within the state of Idaho, which designated place may be changed at
32 the discretion of the commission.
33 (10) To adopt and from time to time alter, rescind, modify or amend all
34 proper and necessary rules and orders for the exercise of its powers and the
35 performance of its duties under this act.
36 (11) To cooperate with any local, state or national organization or
37 agency, whether voluntary or created by the law of any state, or the United
38 States government, engaged in work or activities similar to the work and
39 activities of the commission, and to enter into contracts or agreements with
40 such organizations or agencies for carrying on a joint campaign of research,
41 education, product protection, publicity and reciprocal enforcement of these
42 objectives.
43 (12) To investigate and prosecute in the name of the state of Idaho viola-
44 tions of this act; to investigate and prosecute in the name of the state of
45 Idaho any suit or action for the collection of assessments as hereinafter pro-
46 vided, or to protect brands, marks, packages, brand names or trademarks being
47 promoted by the commission.
48 (13) To promote the sale and use of Idaho alfalfa seed and clover seed.
49 (14) To provide for and conduct a comprehensive and extensive research,
50 promotion and educational campaign as continuous as the crop, sales and market
51 conditions reasonably require.
52 SECTION 8. That Section 22-4208, Idaho Code, be, and the same is hereby
53 amended to read as follows:
5
1 22-4208. RECEIPT OF GIFTS -- PAYABLE TO COMMISSION. The commission may
2 accept grants, donations and gifts of funds from any source for expenditure
3 for any purpose consistent with this act, which may be specified as a condi-
4 tion of any grant, donation or gift. All funds received under the provisions
5 of this act shall be paid to the Idaho alfalfa and clover seed commission.
6 SECTION 9. That Section 22-4210, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 22-4210. ASSESSMENT ON ALFALFA SEED AND CLOVER SEED. There is hereby
9 levied upon all alfalfa seed and clover seed grown annually in this state, and
10 all alfalfa seed sold as Idaho alfalfa seed and all clover seed sold as Idaho
11 clover seed, an assessment of one-fourth cent (1/4) per pound of clean seed.
12 All moneys collected hereunder shall be expended to effectuate the purposes
13 and objects of this act.
14 SECTION 10. That Section 22-4211, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 22-4211. TIME FOR PAYMENT OF ASSESSMENTS -- RECOVERY OF PAYMENT FROM
17 GROWER. All assessments levied and imposed under and pursuant to the provi-
18 sions of this chapter shall be paid to the commission by the person, either
19 grower or dealer, by whom the alfalfa seed or clover seed is first handled in
20 the primary channels of trade and shall be paid at such times as the commis-
21 sion may by rule or regulation prescribe, but not later than sixty (60) days
22 from the date on which the grower received payment for the alfalfa seed or
23 clover seed. If the party first handling the alfalfa seed or clover seed in
24 the primary channels of trade is a person other than the grower he may charge
25 against or recover from the grower of such alfalfa seed or clover seed the
26 full amount of any assessment levied and imposed under this chapter.
27 SECTION 11. That Section 22-4214, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 22-4214. DEALER'S RECORDS OF SEED HANDLED -- OPEN TO INSPECTION BY COM-
30 MISSIONER. Every dealer shall maintain accurate records of all alfalfa seed
31 and clover seed handled, packed, shipped or processed by him. The record shall
32 be in such form and contain such information as the commission may by rule or
33 regulation prescribe, and shall be preserved for a period of two (2) years,
34 and be subject to inspection at any time upon request of the commission or its
35 agents.
36 SECTION 12. An emergency existing therefor, which emergency is hereby
37 declared to exist, this act shall be in full force and effect on and after its
38 passage and approval, and retroactively to January 1, 2000.
STATEMENT OF PURPOSE
RS09962
The recent bankruptcy filing of a major seed contracting company has made this
change in the law necessary. Currently all alfalfa seed growers automatically
belong to the Idaho alfalfa seed growers group and pay an assessment to the Idaho
Alfalfa Seed Commission, but the clover growers do not share in this association.
There is some overlap in the growers of clover and alfalfa but not completely.
In this bankruptcy case the alfalfa seed growers have retained an attorney as a
group and the clover growers would like to participate. In order for this to happen
they will need to be included officially in the seed growers group for
representation purposes.
This bill makes that change.
FISCAL NOTE
No impact to the state of Idaho but an increase of approximately $8,750.00
annually to the Idaho Alfalfa Seed and Clover Seed Commission.
CONTACT: Rep. Doug Jones
332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE H 557