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H0734aa.............................................by AGRICULTURAL AFFAIRS
SHEEP COMMISSION - Amends and adds to existing law to clarify the duties of
the State Board of Sheep Commissioners, to provide for an assessment and to
provide for powers to the Sheep Commission for promotion, research and
education.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Agric Aff
02/25 Rpt out - to Gen Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/05 3rd rdg as amen - PASSED - 70-0-0
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson,
Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson,
Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Stevenson
Title apvd - to Senate
03/06 Senate intro - 1st rdg as amen - to Agric Aff
03/11 Rpt out - rec d/p - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - 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 - Noh
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 205
Effective: 07/01/98
H0734|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 734, As Amended BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE BOARD OF SHEEP COMMISSIONERS; AMENDING SECTION 25-127, IDAHO 3 CODE, TO STRIKE OBSOLETE PROVISIONS; AMENDING SECTION 25-128, IDAHO CODE, 4 TO AUTHORIZE THE BOARD TO DESIGNATE THE USE OF FUNDS OF THE BOARD; AMEND- 5 ING SECTION 25-128A, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING 6 CHAPTER 1, TITLE 25, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 25-153, 7 25-154, 25-155, 25-156, 25-157, 25-158, 25-159 AND 25-160, IDAHO CODE, TO 8 PROVIDE A SHORT TITLE, TO PROVIDE A STATEMENT OF POLICY, TO PROVIDE DUTIES 9 AND POWERS OF THE COMMISSION PERTAINING TO PROMOTION, RESEARCH AND EDUCA- 10 TION POLICY, TO PROVIDE FOR DEPOSIT AND DISBURSEMENT OF FUNDS, TO REQUIRE 11 BONDS OF AGENTS AND EMPLOYEES, TO PROVIDE THAT THE STATE IS NOT LIABLE FOR 12 ACTS OR OMISSIONS OF THE COMMISSION OR OF ITS EMPLOYEES, TO PROVIDE FOR AN 13 ASSESSMENT, AND TO REQUIRE A REFERENDUM OF PRODUCERS PRIOR TO THE IMPLE- 14 MENTATION OF THE PROVISIONS OF THIS ACT. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 25-127, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 25-127. MEMBERS -- APPOINTMENT, QUALIFICATIONS, SALARY --BOND AND19OATH. The state board of sheep commissioners, hereinafter called the 20 board, shall consist of five (5) members, all of whom shall be experienced 21 wool growers and no two (2) of whom shall be from the same county; said mem- 22 bers shall be appointed by the governor and hold their offices for the term 23 for which they are appointed and thereafter until their successors are duly 24 appointed and qualified. 25 As vacancies occur upon the board, the Idaho Wool Growers Association 26 shall submit to the governor the names of two (2) persons qualified and suit- 27 able for appointment for each such vacancy from whom the governor shall make 28 his appointment to fill such vacancies. The first commissioners shall be 29 appointed for the following terms: two (2) commissioners shall be appointed to 30 hold office until the first Monday of January 1952; two (2) commissioners 31 shall be appointed to hold office until the first Monday of January 1954; one 32 (1) commissioner shall be appointed to hold office until the first Monday of 33 January 1956; and at the expiration of said dates for the commissioners first 34 appointed and until the expiration of terms thereafter, commissioners shall be 35 appointed to fill such vacancies for a term of six (6) years; and in case of 36 any vacancy occurring in the office of commissioner at any time other commis- 37 sioners shall be appointed, who in each instance shall hold office until the 38 unexpired term of the commissioner whom he is appointed to succeed. Each of 39 said commissioners, before entering upon the duties of his office, shall take 40 and subscribe to the oath of office required by section 59-401, Idaho 41 Code, and be bonded to the state of Idaho in the time, form and manner42prescribed by chapter 8, title 59, Idaho Code. The members of the board 43 may be compensated as provided by section 59-509(d), Idaho Code. Said compen- 2 1 sation may be paid from the sheep commission account in the same manner as 2 other expenses are paid. Each member of said board shall be a qualified elec- 3 tor of the county from which he is chosen and must reside during his term of 4 office within the state of Idaho. Said board must hold a meetingsemi5annually and at any other time if so requested by any member of the 6 board. 7 SECTION 2. That Section 25-128, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 25-128. POWERS AND DUTIES OF STATE BOARD OF SHEEP COMMISSIONERS. The 10 board shall have the authority to perform all those duties and powers neces- 11 sary for the prevention, control, and eradication of diseases which may 12 include the supervision of sheep, handling of sheep, shipping, transporting or 13 moving of sheep, regulation of sheep, the making of rules concerning sheep and 14 all other matters pertaining to sheep either in the state of Idaho or which 15 may be brought into or shipped from the state of Idaho. The board shall also 16 be responsible for all matters relating to the prevention, control, and eradi- 17 cation of diseases pertaining to goats within the state of Idaho with the pro- 18 visions of this chapter also applying to goats. The board may also des- 19 ignate a portion of the assessment, as provided in sections 25-130 and 25-131, 20 Idaho Code, to help carry on the work for the prevention and control of damage 21 caused by predatory animals and other vertebrate pests. 22 SECTION 3. That Section 25-128A, Idaho Code, be, and the same is hereby 23 amended to read as follows: 2425-128A25-2612A . DUTIES AND POWERS OF THE STATE 25 ANIMAL DAMAGE CONTROL BOARD. (1) There is hereby created a state animal damage 26 control board. The chairman of the board of sheep commissioners shall be a 27 voting member and serve as the chairman of the state animal damage control 28 board which shall have such duties and powers relating to the prevention and 29 control of damage caused by predatory animals and other vertebrate pests, 30 including threatened or endangered wildlife, within the state of Idaho as are 31 established by federal or state law, federal or state rule or regulation, or 32 county ordinance. It is hereby made the duty of the state animal damage con- 33 trol board to coordinate and give general direction to programs to prevent and 34 control damage or conflicts on federal, state, or other public or private 35 lands caused by predatory animals, rodents, or birds injurious to animal hus- 36 bandry, agriculture, horticulture, forestry, wildlife and human health or 37 safety; and also to facilitate, coordinate or conduct such investigations, 38 experiments or tests as deemed necessary to determine, demonstrate and promul- 39 gate the best methods of predatory animals and other vertebrate pest control. 40 In carrying out these duties, the board may cooperate with federal, state, 41 county, city and private agencies, organizations or individuals; provided, 42 however, that the authority of this board is not to supersede the state fish 43 and game department or the responsible federal agency in the utilization of 44 the funds of those two (2) agencies in their conduct of similar work within 45 the state of Idaho, but the board shall cooperate and work with these two (2) 46 agencies. Prevention and control of predatory animals and other vertebrate 47 pests does not include the payment of compensation for damages. 48 (2) In addition to the chairman, the state animal damage control board 49 shall consist of a member appointed by the president of the Idaho cattle asso- 50 ciation, the director of the state department of agriculture, the director of 51 the state department of fish and game, and the chairman of the board of direc- 3 1 tors of each of the five (5) animal damage control districts. 2 (3) The state animal damage control board shall have as its primary 3 duties the coordination of the control efforts of the five (5) animal damage 4 control districts; the establishment of general policies for the control pro- 5 grams; the establishment of annual priorities for control efforts; and the 6 assignment or distribution of moneys made available to the board from any 7 source. All contracts or agreements for providing prevention and control ser- 8 vices which involve an expenditure of moneys from the state animal damage con- 9 trol board shall be in writing and shall be maintained as a part of the offi- 10 cial records of the board. 11 (4) The state board of sheep commissioners shall provide staff, adminis- 12 trative and fiscal services for the animal damage control board. 13 SECTION 4. That Chapter 1, Title 25, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of NEW SECTIONS , to be 15 known and designated as Sections 25-153, 25-154, 25-155, 25-156, 25-157, 16 25-158, 25-159 and 25-160, Idaho Code, and to read as follows: 17 25-153. SHORT TITLE. Sections 25-153 through 25-160, Idaho Code, shall be 18 known and may be cited as the "Sheep, Lamb and Wool Promotion, Research and 19 Education Act." 20 25-154. PROMOTION, RESEARCH AND EDUCATION POLICY. It is to the best 21 interests of all the people of the state of Idaho that the abundant and natu- 22 ral resources of Idaho be protected, fully developed and uniformly distrib- 23 uted. It is in the public interest and within the exercise of the police power 24 of the state to protect the public health; to prevent fraudulent practices; to 25 provide the means for the development of markets; to provide production 26 research and education; and to encourage new product development and promotion 27 of the sheep, lamb and wool industry. 28 25-155. DUTIES AND POWERS OF THE COMMISSION PERTAINING TO PROMOTION, 29 RESEARCH AND EDUCATION POLICY. (1) The commission may contract with the Idaho 30 wool growers association, inc., or a similar agency for the administration of 31 the sheep commission's business pertaining to the promotion, research and edu- 32 cation policy. 33 (2) In the administration of sections 25-153 through 25-160, Idaho Code, 34 the commission shall, in conjunction with the Idaho wool growers association, 35 inc., have the following duties, authorities and powers: 36 (a) To conduct a campaign of research, education and publicity; 37 (b) To find new markets for sheep, lamb and wool products; 38 (c) To give, publicize and promulgate reliable information showing the 39 value of sheep, lamb and wool products for any purpose for which it is 40 found useful and profitable; 41 (d) To make public and encourage the widespread national and interna- 42 tional use of sheep, lamb and wool products produced in Idaho; 43 (e) To investigate and participate in studies of the problems peculiar to 44 the producers of sheep, lamb and wool in Idaho. 45 (3) The commission shall have the duty, power and authority: 46 (a) To take such action as the commission deems necessary or advisable in 47 order to stabilize and protect the sheep, lamb and wool industry of the 48 state and the health and welfare of the public; 49 (b) To sue and be sued; 50 (c) To enter into such contracts as may be necessary or advisable; 51 (d) To appoint and employ officers, agents and other personnel, including 4 1 experts in agriculture and the publicizing of the products thereof, and to 2 prescribe their duties and fix their compensation; 3 (e) To make use of such advertising means and methods as the commission 4 deems advisable and to enter into contracts and agreements for research 5 and advertising within and without the state; 6 (f) To cooperate with any local, state or national organization or 7 agency, whether voluntary or created by the law of any state or by 8 national law, engaged in work or activities similar to the work and activ- 9 ities of the commission, and to enter into contracts and agreements with 10 such organizations or agencies for carrying on a joint campaign of 11 research, education and publicity and reciprocal enforcement; 12 (g) To lease, purchase or own the real or personal property deemed neces- 13 sary in the administration of the provisions of this act; 14 (h) To prosecute in the name of the state of Idaho any suit or action for 15 collection of the tax or assessment provided for in the provisions of this 16 act; 17 (i) To adopt, rescind, modify and amend all necessary and proper orders 18 and resolutions for the procedure and exercise of its powers and the per- 19 formance of its duties; 20 (j) To incur indebtedness and carry on all business activities; 21 (k) To keep books and records and accounts of all its doings, which 22 books, records and accounts shall be open to inspection by the state con- 23 troller and the public at all times; 24 (l) To adopt from time to time, alter, rescind, modify and/or amend all 25 proper and necessary rules and orders for the exercise of its powers and 26 performance of its duties under this act. 27 25-156. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt, 28 all grants, donations and gifts of funds from any source for expenditure for 29 any purpose consistent with this chapter which may be specified as a condition 30 of any grant, donation or gift, and all of the revenues received under the 31 provisions of section 25-159, Idaho Code, shall be deposited in one (1) or 32 more separate accounts in the name of the commission in one (1) or more banks 33 or trust companies approved under chapter 27, title 67, Idaho Code, as state 34 depositories. The commission shall designate such banks or trust companies. 35 All funds so deposited are hereby continuously appropriated for the purpose of 36 carrying out the provisions of this act. 37 (2) Funds can be withdrawn or paid out of such accounts only upon checks 38 or other orders upon such accounts signed by two (2) officers designated by 39 the commission. 40 (3) The right is reserved to the state of Idaho to audit the funds of the 41 commission at any time. 42 (4) On or before January 15 of each year, the commission shall file with 43 the senate agricultural affairs committee, the house agricultural affairs com- 44 mittee, the legislative council, the state controller, and the division of 45 financial management, a report showing the annual income to the commission 46 during the preceding fiscal year. The report shall also include an estimate of 47 income to the commission for the current fiscal year and a projection of 48 anticipated expenses by category for the current fiscal year. The report shall 49 also include a reconciliation between the estimated income and expenses pro- 50 jected and the actual income and expenses of the preceding fiscal year. 51 (5) All moneys received or expended by the commission shall be audited 52 annually by a certified public accountant designated by the commission, who 53 shall furnish a copy of such audit to the state controller and to the senate 54 agricultural affairs committee and the house agricultural affairs committee. 5 1 The audit shall be completed within ninety (90) days following the close of 2 the fiscal year. 3 (6) The expenditures of the commission are expressly exempted from the 4 provisions of sections 67-2007 and 67-2008, Idaho Code. 5 25-157. BONDS OF AGENTS AND EMPLOYEES. The administrator, or any agent or 6 employee appointed by the commission shall be bonded to the state of Idaho in 7 the time, form and manner as prescribed by chapter 8, title 59, Idaho Code. 8 The cost of the bond is an administrative expense under this act. 9 25-158. STATE NOT LIABLE FOR ACTS OR OMISSIONS OF COMMISSION OR OF ITS 10 EMPLOYEES. The state of Idaho is not liable for the acts or omissions of the 11 commission or any member thereof or any officer, agent or employee thereof. 12 25-159. ASSESSMENT. In addition to the assessment described in section 13 25-131, Idaho Code, there is hereby levied upon all wool grown annually in the 14 state of Idaho an assessment of up to four cents (4[) per pound of wool mar- 15 keted. The assessment shall be collected in the amount authorized by the Idaho 16 wool growers association and in the same manner as prescribed in this chapter 17 with all provisions of this chapter, and corresponding rules, applying 18 thereto. 19 25-160. REFERENDUM FOR WOOL GROWERS. Prior to the provisions of this act 20 becoming effective, a referendum shall be held to determine if producers favor 21 the provisions of this act. The question shall be submitted by secret ballot 22 upon which the words "Do you favor a promotion, research, and education pro- 23 gram for the Idaho sheep industry that is funded by all producers with no 24 refund provision?" are printed with a square before each of the words "YES" 25 and "NO" with directions to insert an "X" mark in the square before the propo- 26 sition which the voter favors. If a majority of the producers voting in the 27 referendum or a majority of the production represented by the producers voting 28 in the referendum vote in favor of the question submitted, the provisions of 29 this act shall become effective. 30 (1) The procedures necessary to initiate a referendum in subsequent 31 years, but not less than five (5) years from the passage of the initial refer- 32 endum, are as follows: 33 (a) A referendum shall be held if the Idaho department of agriculture 34 receives a petition requesting such referendum signed by ten percent (10%) 35 or more of sheep producers who have paid an assessment to the Idaho sheep 36 commission in either of the two (2) immediate past calendar years; or 37 (b) A referendum shall be held if the Idaho department of agriculture 38 receives a written request for such referendum from the Idaho sheep com- 39 mission. 40 (2) (a) Any referendum shall be conducted only among sheep producers who 41 paid an assessment to the Idaho sheep commission during one (1) of the two 42 (2) years prior to the referendum. 43 (b) Any referendum must be supervised by the Idaho department of agricul- 44 ture. 45 (c) Any referendum shall be held, and the result determined and declared 46 by the director of the department of agriculture, and recorded in the 47 office of the secretary of state. 48 (d) Notice of any referendum must be given by the commission in a manner 49 determined by it. The ballots must be prepared by the commission and for- 50 warded to eligible producers, who shall return them within twenty (20) 51 days after mailing by the commission. 6 1 (e) The commission shall pay the costs of any referendum.
STATEMENT OF PURPOSE
RS 08050C1
The purpose of this proposed legislation is to implement changes
regarding the oath and bonding requirements of the Commissioners
serving on the Idaho Sheep Commission, to clearly state the
commissioners have the power to designate a portion of the
assessment collected on wool to the animal damage control program
and to redesignate section 25-128A, Idaho Code, as section
25-2612A, Idaho Code.
The proposed legislation also implements a "sheep, lamb and wool
promotion, research and education act". As assessment of up to 4
cents per pound of wool would be allowed to fund the promotion
efforts of the sheep, lamb and wool industry. Provisions are also
included pertaining to the deposit and disbursement of funds,
bonding requirements, and referendum procedure.
FISCAL NOTE
There is no fiscal impact.
CONTACT: Stan Boyd
Idaho Wool Growers Association
344-2271
STATEMENT OF PURPOSE/FISCAL NOTE
H 734