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H0549...............................................by AGRICULTURAL AFFAIRS AGRICULTURE DEPARTMENT - COMMITTEES/COUNCILS - Amends existing law to authorize the director of the Department of Agriculture to appoint committees or councils to advise the director and to limit the size of the committees or councils. 01/29 House intro - 1st rdg - to printing 01/30 Rpt prt - to Agric Aff
H0549|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 549 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE DEPARTMENT OF AGRICULTURE; AMENDING SECTION 22-103, IDAHO 3 CODE, TO AUTHORIZE THE DIRECTOR TO APPOINT COMMITTEES OR COUNCILS TO 4 ADVISE THE DIRECTOR AND TO LIMIT THE SIZE OF THE COMMITTEES OR COUNCILS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 22-103, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 22-103. DUTIES OF DIRECTOR. The director of the department of agriculture 9 shall execute the powers and discharge the duties vested by law in him or in 10 the department, including, but not limited to, the following: 11 (1) Pursuant to chapter 53, title 67, Idaho Code, hire, assign duties and 12 evaluate the performance of all employees of the department. 13 (2) Designate employees for special assignment, office or function as the 14 needs of the department may require. 15 (3) Acquire, generate, develop and disseminate information and data con- 16 cerning agricultural pursuits, productivity and product quality. 17 (4) Encourage and promote in every practical manner, the interests of 18 agriculture, horticulture, apiculture, aquaculture, the livestock industries, 19 poultry and fowl raising, wool and fur-bearing animals and their allied indus- 20 tries. 21 (5) Assist, encourage and promote the organization of farmers' insti- 22 tutes, agricultural, horticultural, management or cooperative societies and 23 organizations for the benefit of agricultural pursuits in this state. 24 (6) Promote improved methods of production, storage, sales and marketing 25 of agricultural industries. 26 (7) Establish and promulgate standards of construction, use and sanita- 27 tion of open and closed receptacles for farm products, and standards for grade 28 or other classification of farm products. 29 (8) Prescribe and promulgate rules governing marks, brands and labels, 30 and the registration thereof, for use upon receptacles for farm products. 31 (9) Promote, in the interest of the public, economical and efficient use 32 of products and commodities used in the production of agricultural, horticul- 33 tural, meats and other products and farm commodities and their distribution. 34 (10) Cooperate with producers, processors and consumers in devising and 35 maintaining economical and efficient systems of distribution, and to assist in 36 the reduction of waste and expense incidental to the marketing of agricultural 37 products. 38 (11) Gather and diffuse timely information and statistics concerning sup- 39 ply, demand, prevailing prices and commercial movement of agricultural prod- 40 ucts. 41 (12) Maintain a market news service, including information concerning 42 crops, freight rates, commission rates and such other information as may be of 43 service to producers and consumers, and to act as a clearinghouse for informa- 2 1 tion between producers and consumers. 2 (13) Cooperate with the secretary, colleges and universities, experiment 3 stations, and other agencies which cooperate in devising, research and devel- 4 opment and utilization of improved agricultural production and other activi- 5 ties. 6 (14) Investigate the practices, methods of factors, management techniques 7 of commission merchants, track buyers and others who receive, solicit, buy, 8 sell, handle on commission or otherwise, or deal in grains, eggs, livestock, 9 vegetables or other products used as human foods, to the end that distribution 10 of such commodities through such factors, commission merchants, track buyers 11 and others be efficiently and economically accomplished without hardship, 12 waste or fraud. 13 (15) Enter and inspect any right-of-way of any irrigation canal, railway, 14 public highway, field, orchard, nursery, fruit or vegetable packing house, 15 store room, sales room, storage facility, depot or other place where fruits 16 and vegetables are grown or stored and to inspect fruits, trees, plants, 17 vines, shrubs or other articles within the state, and if such places or arti- 18 cles are infested with pests, insects or their eggs or larvae, or with any 19 contagious or transmittable diseases injurious to plant life, to abate or 20 eradicate the same as a nuisance. 21 (16) Provide treatment for and prevent the spread of infectious or commu- 22 nicable diseases among bees, livestock, fur-bearing animals or domestic ani- 23 mals through the systematic and periodic inspection, testing or treatment of 24 such bees and animals at the expense of the owner thereof. 25 (17) Protect the livestock interests of the state from losses due to dis- 26 ease or hazards to animal health and communicable to humans through agricul- 27 tural products. 28 (18) Maintain recording of earmarks, eartags or other identifying marks 29 not covered under any other provisions of law. 30 (19) Purchase, lease, hold, sell, and dispose of real and personal prop- 31 erty of the department when, in the judgment of the director, such transac- 32 tions promote the purposes for which the department is established. 33 (20) Contract with any state agency, federal agency or agency of another 34 state concerning any matter, program or cooperative effort within the scope 35 and jurisdiction of its authority pursuant to law. 36 (21) Assist in the improvement of country life, farm occupations and to 37 cooperate in effectuating equality of opportunity of those employed in agri- 38 cultural pursuits in the state of Idaho. 39 (22) Investigate diseases, contamination of livestock and poultry, agri- 40 cultural, horticultural, and farm products, suspected to be infected or con- 41 taminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botan- 42 ical or other disease-producing agents, or carrying a residue of any such 43 disease-producing agent or chemical in excess of any tolerance established by 44 federal or state law or regulation and to examine, conduct tests, and issue 45 "hold orders" on any livestock, poultry, agricultural, horticultural or farm 46 products as deemed necessary to effectuate a diagnosis of disease, contamina- 47 tion or chemical level to safeguard and protect animal and man. And addition- 48 ally, authorize and implement a predator control program on state and private 49 lands using any kind of toxic material or substance suitable for such purpose. 50 Any toxic material or substance shall be approved for use by the director. In 51 order to carry out the provisions of this subsection (22), the director shall 52 prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code. 53 (23) Prescribe by rule an interest charge which may be assessed on all 54 accounts which are thirty (30) days past due from the initial billing date or 55 the assessment due date. The interest rate charged shall not exceed twelve per 3 1 cent (12%) per annum. 2 (24) To take all steps that are deemed necessary to prevent and control 3 damage or conflicts on federal, state, or other public or private lands caused 4 by predatory animals, rodents, or birds, including threatened or endangered 5 wildlife within the state of Idaho as are established by federal or state law, 6 federal or state regulation, or county ordinance, that are injurious to animal 7 husbandry, agriculture, horticulture, forestry, wildlife and human health and 8 safety. 9 (25) To administer oaths, certify to all official acts and subpoena any 10 person in this state as a witness; to compel through subpoena the production 11 of books, papers, and records; and to take the testimony of any person on 12 deposition in the same manner as prescribed by law in the procedure before the 13 courts of this state. A subpoena issued by the director shall extend to all 14 parts of the state and may be served by any person authorized to do so. All 15 powers of the director enumerated in this subsection (25) with respect to 16 administering oaths, power of subpoena, and other powers in hearings on com- 17 plaints shall likewise be applicable to hearings held on applications for the 18 issuance or renewal of licenses. 19 (26) To appoint, as necessary, committees or councils for the pur- 20 pose of advising the director on any and all matters relating to agricultural 21 production, marketing or administration of programs within the Idaho depart- 22 ment of agriculture. Not more than twenty-four (24) members may be appointed 23 to any committee or council.
STATEMENT OF PURPOSE
RS07292
Current legal authority is inadequate and does not specifically
give the director authority to appoint advisory committees or
councils. The proposed legislation will clarify this matter.
FISCAL NOTE
There is no fiscal impactCONTACT: Lane Jolliffe, Administrator
Department of Agriculture
332-8660
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No . H 549