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H0740aa.............................................by AGRICULTURAL AFFAIRS
FOOD QUALITY ASSURANCE LABORATORY - Amends, adds to and repeals existing
law to provide that the Idaho Food Quality Assurance Laboratory shall be an
entity of the state of Idaho for purposes of the Tort Claims Act and to
repeal the sunset clause for the Food Quality Assurance Laboratory.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Agric Aff
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
02/27 To Gen Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 60-6-4
AYES -- Barraclough, Bell, Bieter, Bivens, Black(15), Black(23), Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(20), Geddes, Gould, Hadley, Hansen, Henbest,
Hornbeck, Jaquet, Jones(9), Jones(22), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Ridinger, Robison, Schaefer, Stevenson, Stone, Stubbs,
Taylor, Tilman, Trail, Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- Alltus, Barrett, Richman, Sali, Stoicheff, Wood
Absent and excused -- Field(13), Gagner, Jones(20), Tippets
Floor Sponsor - Jones(22)
Title apvd - to Senate
03/10 Senate intro - 1st rdg as amen - to Agric Aff
03/13 Rpt out - rec d/p - to 2nd rdg as amen
03/16 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, Stennett
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 202
Effective: 07/01/98
H0740|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 740, As Amended BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO FOOD QUALITY ASSURANCE INSTITUTE; PROVIDING LEGISLATIVE 3 INTENT; AMENDING SECTION 67-8301, IDAHO CODE, TO PROVIDE THAT THE INSTI- 4 TUTE SHALL BE AN ENTITY OF THE STATE OF IDAHO FOR PURPOSES OF THE TORT 5 CLAIMS ACT; AMENDING SECTION 67-8304, IDAHO CODE, TO REVISE THE POWERS OF 6 THE INSTITUTE; AND REPEALING SECTION 2, CHAPTER 358, LAWS OF 1996. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. LEGISLATIVE INTENT. It is the intent of the legislature that 9 a sublease be entered into between the State of Idaho, the College of Southern 10 Idaho and the Idaho Food Quality Assurance Institute so that the Institute can 11 occupy and perform food quality testing at the Food Quality Assurance Labora- 12 tory located in Twin Falls, Idaho. It is further the intent of the legislature 13 that should the Institute cease to exist or is unable to provide food quality 14 testing services for the benefit of Idaho agriculture, then the Idaho Depart- 15 ment of Agriculture, Idaho Alfalfa Seed Commission, Idaho Mint Commission, 16 Idaho Potato Commission and Idaho Wheat Commission may continue to contract 17 for food quality testing and the Food Quality Assurance Laboratory upon the 18 same sublease conditions as were made available to the Idaho Food Quality 19 Assurance Institute. 20 SECTION 2. That Section 67-8301, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 67-8301. IDAHO FOOD QUALITY ASSURANCE INSTITUTE CREATED. There is hereby 23 created an independent public body corporate and politic to be known as the 24 Idaho food quality assurance institute. The institute shall be exempt from 25 taxation. The institute shall be an entity of the state of Idaho as pro- 26 vided in the tort claims act, chapter 9, title 6, Idaho Code, and shall be 27 entitled to all the protection as provided in the tort claims act, chapter 9, 28 title 6, Idaho Code. 29 SECTION 3. That Section 67-8304, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 67-8304. POWERS OF THE INSTITUTE. The Idaho food quality assurance insti- 32 tute is an independent public body corporate and politic, exercising public 33 and essential governmental functions, and having all the powers which are 34 hereby declared to be public purposes necessary or convenient to carry out and 35 effectuate the purposes and provisions of this act, including the following 36 powers in addition to others herein granted: 37 (1) To provide an ongoing quality assurance testing program for Idaho 38 agricultural commodities by analyzing and documenting the food safety prac- 39 tices of Idaho producers and such other agricultural commodities by 40 documenting the food safety practices of other producers as feasible ; 2 1 (2) To provide for the management and operation of the quality assurance 2 laboratory at Twin Falls, Idaho , and to provide and facilitate educa- 3 tional opportunities ; 4 (3) To establish fees for testing and analysis of agricultural commodi- 5 ties and for any other services to be provided to benefit agricultural commod- 6 ity producers by the laboratory or the institute; 7 (4) To provide for certification of testing results; 8 (5) To sue and to be sued, to have a seal and to alter the same at pleas- 9 ure, to have perpetual succession, and to make and execute agreements, con- 10 tracts and other instruments necessary or convenient to the exercise of the 11 powers and duties of the institute; 12 (6)To insure or provide for the insurance of any real or personal13property or operation of the institute against any risks or hazards;14(7)To own, hold and improve personal property; to purchase, 15 lease, obtain options upon, or acquire by gift, grant, bequest, devise or 16 otherwise, any personal property or any interest therein; 17 (87 ) To make and from time to time 18 amend and repeal bylaws and rules, not inconsistent with this act, to carry 19 into effect the powers and purposes of the institute. 20 SECTION 4. That Section 2, Chapter 358, Laws of 1996, be, and the same is 21 hereby repealed.
STATEMENT OF PURPOSE
RS 08071C1
This legislation provides technical corrections to the
Idaho Food Quality Assurance Institute legislation to
assist the Institute Board in operating the Laboratory. As
promised, the Laboratory is now reopened and beginning
operations.
Section 1 of the bill authorizes a sub-lease so that the
Institute can legally occupy the Laboratory. This section
also provides assurance to the commodity groups funding the
laboratory that in the unlikely event the Institute can not
perform testing services, they will be able to conduct food
quality testing in the future at the laboratory.
Section 2 of the bill brings the Institute under the
Umbrella of the State Tort Claims Act. This clarification
is needed so the Institute can be covered through the State
self-insurance program operated by the Department of
Administration.
Section 3 of the bill permit the Institute to participant in
JR-4 testing in the future. This is a federally funded
program that would be very valuable for Idaho agriculture
commodities. This section also acknowledges an education
role for the Institute that will be cooperatively handled by
the college of Southern Idaho, University of Idaho and the
Institute.
Finally, the legislation removes the sunset clause
initially put into law in 1996. As the Institute is now
operating and will be subleasing the facility, this
provision is no longer necessary.
FISCAL NOTE
The General Fund will not be impacted by this legislation.
The Institute receives no general funds.
CONTACT: Wayne Thiessen, Idaho Food Quality Assurance Institute
327-9819
Pat Kole, Idaho Potato Commission
334-2350
STATEMENT OF PURPOSE/FISCAL NOTE
H 740