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H0552...............................................by AGRICULTURAL AFFAIRS
CANOLA AND RAPESEED COMMISSION - Amends existing law to provide a transfer
of any balance in the escrow account of the Canola and Rapeseed Commission
at the end of the fiscal year to the accounts of the Commission for use by
the Commission.
01/29 House intro - 1st rdg - to printing
01/30 Rpt prt - to Agric Aff
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow,
Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Hansen, Hornbeck, Jaquet, Jones(9), Jones(22),
Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stoicheff, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black(23), Crane, Henbest, Newcomb, Stone
Floor Sponsor - Trail
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Agric Aff
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - Keough
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 241
Effective: 01/01/98
H0552|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 552 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO CANOLA AND RAPESEED COMMISSION; AMENDING SECTION 3 22-4717, IDAHO CODE, TO PROVIDE THAT THE BALANCE IN THE ESCROW ACCOUNT 4 AFTER CLAIMS HAVE BEEN MET SHALL BE TRANSFERRED ANNUALLY FOR USE BY THE 5 COMMISSION; DECLARING AN EMERGENCY AND PROVIDING A RETROACTIVE EFFECTIVE 6 DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 22-4717, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 22-4717. ASSESSMENT REFUNDS -- ESCROW ACCOUNT. (1) During the period 11 beginning on July 1, 1996, and ending on the date on which a referendum is 12 conducted pursuant to section 22-4718, Idaho Code, the commission shall estab- 13 lish an escrow account to be used for refunds of assessments collected pursu- 14 ant to section 22-4716, Idaho Code, and shall place an amount equal to ten 15 percent (10%) of the total amounts collected in the escrow account. At 16 the conclusion of each fiscal year, any balance in the escrow account after 17 paying refund claims shall be transferred to one (1) or more of the accounts 18 established by the commission pursuant to section 22-4720, Idaho Code. 19 (2) The commission shall refund to a seller the assessments paid by or on 20 behalf of the seller if the seller is required to pay the assessments, the 21 seller does not support the program established under this act, and the seller 22 demands the refund prior to theperformance of the referendum described23in this acttime prescribed by the commission in rules of the 24 commission . 25 (3) The refund demand shall be made in accordance with rules, in the 26 form, and within the time period prescribed by the commission. 27 (4) The refund shall be made on submission of proof satisfactory to the 28 commission that the seller paid the assessments described in section 22-4716, 29 Idaho Code, and for which the refund is demanded. 30 (5) If the amount in the escrow account is not sufficient to refund the 31 total amount of assessments demanded by eligible sellers and the commission is 32 not approved to continue pursuant to the referendum conducted pursuant to this 33 act, the commission shall prorate the amount of the refunds among all eligible 34 sellers who demand a refund. 35 (6) If the operation of the commission is approved in the referendum con- 36 ducted pursuant to this act, all funds remaining in the escrow 37 account shall be returned to the commission for its use in accordance with 38 this act. 39 SECTION 2. An emergency existing therefor, which emergency is hereby 40 declared to exist, this act shall be in full force and effect on and after its 41 passage and approval, and retroactively to January 1, 1998.
STATEMENT OF PURPOSE
RS 07401
To correct an error in Section 22-4717 so that the reserve
of 10% held in escrow to provide any refund claims may be
transferred to the commission fund annually after the June
30 of each year. It was the intention that if there was a
draw from this account, any remaining amount could be used
to fund the programs of the Idaho Rapeseed and Canola
Commission.
FISCAL NOTE
The impact of permanently reserving the remains of the 10%
escrow account could have a financial impact on the programs
of the commission. Due to the small amount collected by the
commission, we need the entire amount allocated for the
programs of the commission
CONTACT: Doug Scoville
208-858-2132
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H552