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H0703...............................................by AGRICULTURAL AFFAIRS
CHERRY COMMISSION - Amends existing law to provide that dealers appointed
to the Cherry Commission may be from either district, to provide an
assessment of twenty dollars a ton, and to allow an assessment increase to
twenty-five dollars a ton.
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to Agric Aff
02/19 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 56-11-3
AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest,
Jaquet, Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Schaefer, Stevenson, Stone, Stubbs, Taylor, Tilman, Tippets, Trail,
Watson, Wheeler, Zimmermann
NAYS -- Alltus, Bruneel, Callister, Denney, Ellsworth, Hornbeck,
Loertscher, Newcomb, Sali, Stoicheff, Wood
Absent and excused -- Jones(9), Pischner, Mr Speaker
Floor Sponsor - Chase
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Agric Aff
03/04 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Riggs
Floor Sponsor - Lee
Title apvd - to House
03/17 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 122
Effective: 07/01/98
H0703|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 703 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE CHERRY COMMISSION; AMENDING SECTION 22-3704, IDAHO CODE, TO 3 PROVIDE THAT DEALERS APPOINTED TO THE CHERRY COMMISSION MAY BE FROM EITHER 4 DISTRICT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 22-3710, 5 IDAHO CODE, TO PROVIDE AN ASSESSMENT OF TWENTY DOLLARS A TON; AND AMENDING 6 SECTION 22-3713, IDAHO CODE, TO ALLOW AN ASSESSMENT INCREASE TO TWENTY- 7 FIVE DOLLARS A TON AND TO MAKE A TECHNICAL CORRECTION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 22-3704, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 22-3704. COMMISSION MEMBERS -- NOMINATION AND APPOINTMENT. Grower and 12 dealer members of the commission shall be selected as follows: 13 (a) Two (2) grower members shall be nominated for each grower vacancy 14 that occurs from which the governor shall appoint one (1). The first nominees 15 shall be nominated in the following manner: The cherry committee of the Idaho 16 Horticultural Society shall conduct meetings in each of the two (2) districts 17 referred to in section 22-3703, Idaho Code, and at such meetings 18 the growers shall nominate two (2) growers for each district and one (1) addi- 19 tional grower at large. The cherry committee of the Idaho Horticultural Soci- 20 ety shall call a general meeting of the Idaho cherry dealers at such time and 21 place as shall be decided by the committee for the purpose of nominating four 22 (4) dealers, representative of the two (2) districts defined in subparagraphs 23 (6) and (7) of section 22-3703 , Idaho Code . Notice of the meet- 24 ings for the nominations of growers shall be by publication in one (1) news- 25 paper published in the major cherry producing county of the district in which 26 said nominations are to be made, and the notice shall be published in two (2) 27 issues of such newspapers, the first approximately thirty (30) days and the 28 second approximately ten (10) days before said meeting. The notice shall state 29 the purpose, time and place of said meeting. All meetings held for the selec- 30 tion of nominees shall be held prior to March 31 of the year the appointment 31 or appointments are to be made. 32 (b) After the original appointments to the commission all subsequent 33 appointments shall be conducted in the same manner, except that the meetings 34 shall be called and conducted by the commission. 35 (c) The governor shall select from the nominees for each district and the 36 nominees at large one (1) grower member and from the four (4) nominees for 37 dealers, two (2) members at large , as required by this act. 38 (d) The governor shall appoint five (5) persons to the commission based 39 upon the nominating petitions. Three (3) shall be growers and two (2) shall be 40 dealers, but each dealer nominee must be from a different district41. The appointed dealers may be from either district. 42 The first members of the commission shall draw lots to determine their 43 respective terms of office. Two (2) of the original members shall serve for 2 1 one (1) year; two (2) of the original members shall serve for two (2) years; 2 and one (1) of the original members shall serve for three (3) years. The term 3 of office of members of the commission thereafter shall be three (3) years. 4 Provided, however, that both dealer members of the commission's terms of 5 office shall not expire during the same year. 6 Members of the commission may not serve more than two (2) consecutive 7 terms. Upon serving two (2) consecutive terms and the lapse of one (1) full 8 term, such member may again be nominated and appointed to the commission. 9 In the event there are vacancies in the commission through death, resigna- 10 tion or removal, it shall be the duty of the growers and dealers as provided 11 in section 22-3704, Idaho Code, to submit to the governor at 12 least two (2) qualified names for each grower vacancy and two (2) qualified 13 names for each dealer vacancy for the district in which the vacancy occurred. 14 The governor shall make the appointment or appointments to fill the vacancy. 15 SECTION 2. That Section 22-3710, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 22-3710. ASSESSMENT. There is hereby levied upon all cherries grown annu- 18 ally in this state and all cherries packed as Idaho cherries an assessment of 19 twenty dollars ( $520 .00 ) a 20 ton. Provided, however, this section shall not apply to cherries shipped to a 21 processing plant for processing, nor shall it apply to any person, dealer or 22 grower who sells less than one thousand (1000) pounds of cherries in any mar- 23 keting year. Provided, however, the exemption for shipment or sales to a proc- 24 essing plant for processing may be eliminated by a referendum mail ballot vote 25 conducted by the commission among the cherry growers of this state, and pro- 26 vided further, the vote is approved by a two-thirds (2/3) vote of the growers 27 of fifty percent (50%) or more of the acreage represented in the voting. All 28 moneys collected hereunder shall be expended to effectuate the purposes and 29 object of this act. 30 SECTION 3. That Section 22-3713, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 22-3713. ASSESSMENT -- INCREASE. If it appears from an investigation that 33 the revenue from the assessment levied hereunder is inadequate to accomplish 34 the purposes of this act, the commission shall file with the director of the 35 department of agriculture a report showing the necessity of the industry, 36 extent and probable costs of the required research, market promotion and 37 advertising, extent of public convenience, interest and necessity, and proba- 38 ble revenue from the assessment desired to be levied. It shall thereupon 39 increase the assessment to a sum not to exceed twenty -five dol- 40 lars ($205 .00) a ton; but no increase in such 41 assessment shall become effective unless the same shall first be referred by 42 the commission on a referendum mail ballot to the cherry growers of this 43 state, and be approved by two-thirds (2/3) vote of the growers of fifty44per centpercent (50%) or more of the acreage represented 45 in the voting.
STATEMENT OF PURPOSE
RS 7996
Changing the status on the dealer qualifications will assure
a dealer or dealers can be chosen to ensure the best
representation of the Cherry Industry. The Cherry Commission
now charges $20.00 a ton, the maximum the commission can
charge for assessments. Raising the limit will establish a
new limit for future increases.
FISCAL NOTE
The Cherry Commission has no intention of increasing the
assessment at this time. If there was a referendum passed
to the new limit of $25.00, it would generate an increase
in revenue of $3.325.00, based on a five year average of
665 tons of cherries.
CONTACT: Candi Fitch
208-722-5111
Fax 208-722-6582
STATEMENT OF PURPOSE/ FISCAL NOTE
H 703