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H0171...............................................by AGRICULTURAL AFFAIRS
PEST MANAGEMENT COMMISSION - Adds to existing law to provide for a
Commission on Pesticide Management; to provide for use of appropriations;
to provide for deposit and disbursement of funds; to provide for the audit
of funds; to provide for annual and biennial reports; to provide for duties
of the commission; and to provide for legislative evaluation.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 171
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO AGRICULTURE; AMENDING TITLE 22, IDAHO CODE, BY THE ADDITION OF A
3 NEW CHAPTER 18, TITLE 22, IDAHO CODE, TO PROVIDE FOR A COMMISSION ON PES-
4 TICIDE MANAGEMENT, TO PROVIDE FOR THE USE OF APPROPRIATIONS, TO PROVIDE
5 FOR RESTRICTIONS ON USE OF STATE MONEY AND TO PROVIDE FOR THE COMMISSION'S
6 APPROVAL OF USE OF MONEYS, TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF
7 FUNDS, TO PROVIDE FOR THE AUDIT OF FUNDS BY THE STATE OF IDAHO, TO PROVIDE
8 FOR AN ANNUAL REPORT BY THE COMMISSION TO DESIGNATED STATE ENTITIES, TO
9 PROVIDE FOR BIENNIAL AUDITS AND REPORTS AND TO PROVIDE AN EXEMPTION FROM
10 THE STANDARD TRAVEL PAY AND ALLOWANCE ACT OF 1949 FOR COMMISSION EXPENDI-
11 TURES, TO PROVIDE FOR DUTIES OF THE COMMISSION, TO PROVIDE FOR AN ANNUAL
12 REPORT TO THE LEGISLATURE AND TO PROVIDE FOR LEGISLATIVE EVALUATION.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Title 22, Idaho Code, be, and the same is hereby amended
15 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
16 ter 18, Title 22, Idaho Code, and to read as follows:
17 CHAPTER 18
18 IDAHO STATE PESTICIDE MANAGEMENT COMMISSION
19 22-1801. COMMISSION ON PESTICIDE MANAGEMENT -- ESTABLISHED -- COMPOSI-
20 TION -- DURATION OF MEMBERSHIP -- COMPENSATION. (1) A commission on pesticide
21 management, hereinafter referred to in this chapter as "the commission," is
22 established. The commission shall be composed of eleven (11) voting members
23 appointed by the governor as follows:
24 (a) Eight (8) members from the following segments of the state's agricul-
25 tural industry as nominated by a statewide private agricultural associa-
26 tion or agricultural commodity commission formed under title 22, Idaho
27 Code:
28 (i) The tree fruit industry;
29 (ii) Potato growers;
30 (iii) Grain growers;
31 (iv) Vegetable and seed growers;
32 (v) Sugarbeet, bean and alfalfa growers;
33 (vi) The nursery and landscape industry.
34 Although members are appointed from various segments of the agriculture
35 industry, they are appointed to represent and advance the interests of the
36 industry as a whole.
37 (b) One (1) member from each of the following:
38 (i) Food processors;
39 (ii) Agricultural chemical industry;
40 (iii) Professional pesticide applicators.
41 One (1) member shall be appointed for each such segment of the industry
42 and shall be nominated by a statewide, private association of that segment
2
1 of the industry. The representative of the agricultural chemical industry
2 shall be involved in the manufacture of agricultural crop protection prod-
3 ucts.
4 (c) The following shall be ex officio, nonvoting members of the commis-
5 sion:
6 (i) Coordinator of the interregional project number four at univer-
7 sity of Idaho;
8 (ii) Director of the department of environmental quality or the
9 director's designee;
10 (iii) Director of the department of agriculture or the director's
11 designee;
12 (iv) Director of the department of labor or the director's designee;
13 (v) Director of the department of health and welfare or the
14 director's designee.
15 (2) Each voting member of the commission shall serve a term of three (3)
16 years. However, the first appointments in the first year shall be made by the
17 governor for one (1), two (2) and three (3) year terms so that, in subsequent
18 years, approximately one-third (1/3) of the voting members shall be appointed
19 each year. The governor shall assign the initial one (1), two (2) and three
20 (3) year terms to members by lot. A vacancy shall be filled by appointment for
21 the unexpired term in the same manner provided for an appointment to the full
22 term. No member of the commission may be removed by the governor during his or
23 her term of office unless for cause of incapacity, incompetence, neglect of
24 duty, or malfeasance in office. Each member of the commission shall receive
25 travel expenses for attending meetings of the commission and for performing
26 special duties, in the way of official commission business, specifically
27 assigned to the person by the commission. The voting members of the commission
28 shall serve without compensation from the state other than travel expenses.
29 (3) Nominations for the initial appointments to the commission under sub-
30 section (1) of this section shall be submitted by July 15, 2001. The governor
31 shall make initial appointments to the commission by August 15, 2001.
32 (4) The commission shall elect a chair from among its voting members each
33 calendar year. After its original organizational meeting, the commission shall
34 meet at the call of the chair. A majority of the voting members of the commis-
35 sion constitutes a quorum and an official action of the commission may be
36 taken by a majority vote of the quorum.
37 22-1802. STATE APPROPRIATIONS -- RESTRICTIONS ON USE OF STATE MONEY --
38 COMMISSION APPROVAL REQUIRED. (1) This section applies to the use of state
39 appropriations made to or legislatively intended for the commission on pesti-
40 cide management and to any other moneys appropriated by the state and received
41 by the commission on pesticide management:
42 (a) The moneys may not be expended without the express approval of the
43 commission on pesticide management.
44 (b) The moneys may be used for:
45 (i) Evaluations, studies or investigations approved by the commis-
46 sion on pesticide management regarding the registration or reregis-
47 tration of pesticides for minor crops or minor uses or regarding the
48 availability of pesticides for emergency uses. These evaluations,
49 studies or investigations may be conducted by the Idaho food quality
50 assurance laboratory or may be secured by the commission from other
51 qualified laboratories, researchers, or contractors by contract,
52 which contracts may include, but are not limited to, those purchasing
53 the use of proprietary information;
54 (ii) Evaluations, studies or investigations approved by the commis-
3
1 sion regarding research, implementation and demonstration of any
2 aspect of integrated pest management and pesticide resistance manage-
3 ment programs;
4 (iii) The tracking system described;
5 (iv) The support of the commission on pesticide management and its
6 activities.
7 (2) The commission on pesticide management shall establish priorities to
8 guide it in approving the use of moneys for evaluations, studies and investi-
9 gations under this section.
10 22-1803. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
11 all moneys received by the commission shall be deposited in one (1) or more
12 separate accounts in the name of the commission in one (1) or more banks or
13 trust companies approved under chapter 27, title 67, Idaho Code, as state
14 depositories. The commission shall designate such banks or trust companies.
15 All funds so deposited are hereby continuously appropriated for the purpose of
16 carrying out the provisions of this chapter. Any interest earned on the
17 investment of idle moneys in an account shall be returned to the account.
18 (2) Funds can be withdrawn or paid out of such accounts only upon checks
19 or other orders upon such accounts signed by two (2) officers designated by
20 the commission.
21 (3) The right is reserved to the state of Idaho to audit the funds of the
22 commission at any time.
23 (4) On or before January 15 of each year, the commission shall file with
24 the senate agricultural affairs committee, the house agricultural affairs com-
25 mittee, the legislative services office, the state controller, and the divi-
26 sion of financial management, a report showing the annual income and expenses
27 by standard classification of the commission during the preceding fiscal year.
28 The report shall also include an estimate of income to the commission for the
29 current and next fiscal year and a projection of anticipated expenses by cate-
30 gory for the current and next fiscal year. The report shall also include a
31 reconciliation between the estimated income and expenses projected and the
32 actual income and expenses of the preceding fiscal year.
33 (5) All moneys received or expended by the commission shall be audited
34 biennially by a certified public accountant designated by the commission, who
35 shall furnish a copy of such audit to the state controller and to the senate
36 agricultural affairs committee and the house agricultural affairs committee.
37 The audit shall be completed within ninety (90) days following the close of
38 the fiscal year.
39 (6) The expenditures of the commission are expressly exempted from the
40 provisions of sections 67-2007 and 67-2008, Idaho Code.
41 22-1804. DUTIES. The commission on pesticide management shall:
42 (1) Provide guidance to the Idaho food quality assurance laboratory
43 regarding the laboratory's studies, investigations and evaluations concerning
44 the registration of pesticides for use in this state for minor crops and minor
45 uses and concerning the availability of pesticides for emergency use.
46 (2) Encourage agricultural organizations to assist in providing funding,
47 in-kind services, or materials for the Idaho food quality assurance
48 laboratory's studies and investigations concerning the registration of pesti-
49 cides and research, implementation and demonstration of any aspect of inte-
50 grated pest management and pesticide resistance management programs for minor
51 crops and minor uses that would benefit the organizations.
52 (3) Provide guidance to the Idaho food quality assurance laboratory
53 regarding a program for:
4
1 (a) Tracking the availability of effective pesticides for minor crops,
2 minor uses and emergency uses;
3 (b) Providing this information to organizations of agricultural pro-
4 ducers;
5 (c) Maintaining close contact between the Idaho food quality assurance
6 laboratory, the department of agriculture, and organizations of agricul-
7 tural producers regarding the need for research to support the registra-
8 tion of pesticides for minor crops and minor uses and the availability of
9 pesticides for emergency uses.
10 (4) Ensure that the activities of the commission and the Idaho food qual-
11 ity assurance laboratory are coordinated with the activities of other labora-
12 tories in the pacific northwest, the United States department of agriculture,
13 and the United States environmental protection agency to maximize the effec-
14 tiveness of regional efforts to assist in the registration of pesticides for
15 minor crops and minor uses and in providing for the availability of pesticides
16 for emergency uses for the region and the state.
17 (5) Ensure, prior to approving any residue study, that there is written
18 confirmation of registrant support and willingness or ability to add the given
19 minor crop to its label including any restrictions or guidelines the regis-
20 trant intends to impose.
21 22-1805. REPORT ON ACTIVITIES -- REVIEW BY LEGISLATURE. (1) By January 15
22 of each year, the commission shall file with the legislature a report on
23 activities supported by the commission for the previous fiscal year. The
24 report shall include identification of:
25 (a) The priorities that have been set by the commission;
26 (b) The state appropriations made to the commission;
27 (c) The evaluations, studies and investigations funded in whole or in
28 part by such moneys and the registration and uses of pesticides made pos-
29 sible in large part by those evaluations, studies and investigations;
30 (d) The matching moneys, in-kind services and materials provided by agri-
31 cultural organizations for those evaluations, studies and investigations;
32 (e) The program or programs for tracking pesticide availability provided
33 by the laboratory under the guidance of the commission and the means used
34 for providing this information to organizations of agricultural producers.
35 (2) During the regular session of the legislature the appropriate commit-
36 tees of the house of representatives and the senate shall evaluate the effec-
37 tiveness of the commission in fulfilling its statutory responsibilities.
38 (3) The legislature shall conduct a five (5) year review of the program
39 to determine the cost-effectiveness of the program as well as the future needs
40 of the program and whether the program should be continued.
STATEMENT OF PURPOSE
RS 10950
The purpose of this legislation is to create a Pesticide
Management Commission in the State of Idaho. The State of
Washington currently has such a commission that is funded at
$1,000,000 per year out of the general fund. The original
funding was at $500,000 per year. These funds will be used for
(1) evaluations, studies, or investigations regarding the
registration or re-registration of pesticides for minor crops or
minor uses or the availability of pesticides for emergency uses.
The Idaho Food Quality Assurance Laboratory or other qualified
laboratories, researchers or contractors may seek approval from
the commission for funds to accomplish studies; (2) evaluations,
studies, or investigations regarding research, implementation,
and demonstration of aspects related to integrated pest
management and pesticide management programs.
The Commission shall: (1) provide guidance to the Idaho Quality
Assurance Laboratory regarding its studies, investigations, and
evaluations concerning pesticide registrations for minor crops
and emergency use; (2) encourage agricultural organizations to
assist in providing funding, in-kind services, or materials
dealing with pesticide registration or research; (3) provide
guidance to the laboratory: (a)in tracking pesticide availability
for minor crops, minor uses, and emergency uses; (b) provide
information to commodity organizations; (c) maintain close
working relationship between the laboratory, the Idaho State
Department of Agriculture, and commodity organizations. (4)
ensure a working relationship with other laboratories in the
Pacific Northwest; (5) ensure that there is a written
confirmation from the registrant for support and willingness or
ability to add a given minor crop to the label prior to
initiating a study.
This legislation would place Idaho agriculture in a more
competitive state in obtaining labels for minor crops, minor
uses, and emergency labels. The IR-4 program, provide label
studies for minor crops, is not in a position to meet the needs
of all the minor crops produced in Idaho.
FISCAL IMPACT
This legislation is requesting a continuing appropriation of
$350,000 annually from the general fund. The legislation does
provide for an annual report to the legislature as well as a five
year review of the effectiveness and future needs of the program.
Contact:
Name: Rich Garber, Idaho Minor Crop Alliance or
Representative Bolz
Telephone: 888-0988 or 332-1226
STATEMENT OF PURPOSE/FISCAL NOTE H 171
nO.