1998 Legislation
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HOUSE BILL NO. 549 – Agriculture Dept, committees, appt


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Daily Data Tracking History

H0549...............................................by AGRICULTURAL AFFAIRS
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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 549

                            BY AGRICULTURAL AFFAIRS COMMITTEE

 1                                        AN ACT

 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-


 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


 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 / Fiscal Impact


                          STATEMENT OF PURPOSE
    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 
             Bill No .  H 549