1998 Legislation
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HOUSE BILL NO. 655 – Agriculture Dept, committees, appt


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Daily Data Tracking History

H0655...............................................by AGRICULTURAL AFFAIRS
AGRICULTURE DEPARTMENT - COMMITTEES - Amends existing law to authorize the
director of the Department of Agriculture to appoint committees to advise
the director.

02/11    House intro - 1st rdg - to printing
02/12    Rpt prt - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/17    3rd rdg - PASSED - 61-3-6
      AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15), Boe,
      Bruneel, Callister, Campbell, Chase, Clark, 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,
      Schaefer, Stevenson, Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
      Wood, Zimmermann
      NAYS -- Alltus, Sali, Stoicheff
      Absent and excused -- Black(23), Crane, Crow, Stone, Stubbs,
      Mr Speaker
    Floor Sponsor - Field(20)
    Title apvd - to Senate
02/18    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
      Absent and excused--Riggs
    Floor Sponsor - Burtenshaw
    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 120
         Effective: 07/01/98

Bill Text


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 655

                            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


 1     per cent   percent  (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 for the purpose of advis-
20    ing the director on any and all  matters  relating  to  agricultural  programs
21    within the Idaho department of agriculture. 

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. The 
    proposed legislation will clarify this matter.
                               FISCAL NOTE
    There is no fiscal impactCONTACT: Lane Jolliffe, Administrator 
    Department of Agriculture 
    Bill No. H 655