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H0696...............................................by AGRICULTURAL AFFAIRS
ALFALFA SEED COMMISSION - Amends existing law to increase the rate of
compensation provided for members of the Alfalfa Seed Commission, to change
the date of the annual meeting, to change the date for appointment of
dealers, to provide for handling of moneys by the commission and to provide
for audits of funds.
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 - 65-1-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann
NAYS -- Stoicheff
Absent and excused -- Deal, Jones(9) Pischner, Mr Speaker
Floor Sponsor - Field(20)
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 - 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 121
Effective: 07/01/98
H0696|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 696 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE ALFALFA SEED INDUSTRY ACT; AMENDING SECTION 22-4204, IDAHO 3 CODE, TO CHANGE THE RATE OF COMPENSATION ALLOWED; AMENDING SECTION 4 22-4205, IDAHO CODE, TO CHANGE THE NOMINATION AND ELECTION PROCESS, TO 5 DELETE THE PROVISION RELATING TO ALTERNATES, TO CHANGE THE DATE OF THE 6 ANNUAL MEETING TO A TIME DESIGNATED BY THE ALFALFA SEED GROWERS ASSOCIA- 7 TION, TO CHANGE THE GENERAL MEETING FROM THE IDAHO ALFALFA SEED DEALERS TO 8 THE IDAHO EASTERN OREGON SEED ASSOCIATION AND TO CHANGE THE DATE FOR 9 APPOINTMENT OF DEALERS; AMENDING SECTION 22-4215, IDAHO CODE, TO CLARIFY 10 HANDLING OF MONEYS RECEIVED BY THE COMMISSION, TO PROVIDE THAT AUDITS 11 SHALL BE PERFORMED EVERY SECOND YEAR BUT SHALL ADDRESS EACH YEAR SEPA- 12 RATELY AND TO MAKE A TECHNICAL CORRECTION. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 22-4204, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 22-4204. CREATION OF COMMISSION -- MEMBERS -- QUALIFICATIONS -- COMPENSA- 17 TION. There is hereby created an alfalfa seed commission within the department 18 of agriculture, to be thus known and designated. The commission shall be com- 19 posed of six (6) practical alfalfa seed growers and one (1) practical alfalfa 20 seed dealer. 21 The six (6) grower members shall be citizens and residents of the state of 22 Idaho, each of whom is and has been actively engaged in the growing and pro- 23 ducing of alfalfa seed within the state of Idaho, and a substantial portion of 24 whose income has been derived from growing alfalfa seed. 25 The one (1) dealer member shall be a person who, individually or as execu- 26 tive officer of a corporation, firm, partnership, association or cooperative 27 organization, is and has been actively engaged as a dealer in alfalfa seed 28 within the state of Idaho, is a citizen and resident of this state, and a sub- 29 stantial portion of his income shall have been derived from handling, packing, 30 shipping, buying and selling alfalfa seed, or acting as sales or purchasing 31 agent, broker or factor of alfalfa seed. 32 The qualifications of members of the commission as herein set forth must 33 continue during their term of office. Each member of the commission shall be 34 compensated as provided by section 59-509(dn ), Idaho 35 Code. 36 SECTION 2. That Section 22-4205, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 22-4205. APPOINTMENT OF NOMINATING COMMITTEE -- PRESENTATION OF NOMINEES 39 TO ANNUAL MEETING -- TIME AND PLACE OF ANNUAL MEETING. (1) The director of the 40 department of agriculture shall appoint a grower nominating committee of three 41 (3) growers from each district, whose responsibility shall be to select a 2 1 slate of nominees for vacancies occurring on the commission either by expira- 2 tion of term or for other reasons a vacancy may occur. Two (2) grower members 3 shall be nominated by the nominating committee for each vacancy occurring on 4 the commission membership. The nominations of the nominating committee shall 5 be presented to the annual meeting of alfalfa seed growers for concurrence in 6 the list of nominees, or for such substitutions to the list as the annual 7 meeting may make by majority vote. Each member nominated for the commis- 8 sion shall be a resident citizen of the state of Idaho for a period of four 9 (4) years prior to his election or selection, shall have active experience in 10 growing alfalfa seed and shall be now actually engaged in growing alfalfa seed 11 in Idaho and shall derive a substantial portion of his income from growing 12 alfalfa seed or be the directing or managing head of a corporation, firm, 13 partnership, or other business unit which derives a substantial portion of its 14 income from growing alfalfa seed. To continue holding office, each member must 15 remain qualified. The governor may remove any member who becomes disqualified 16 during his term of office or who is unable to carry out his duties. The term 17 of office of each member of the commission shall terminate on the last day of 18 June of the year in which the term for which the member was elected ends, but 19 each member of the commission shall serve until his respective successor is 20 elected and has qualified. From such list of nominees, the governor 21 shall designate and appoint one (1) as a member of the commission, and22the other nominee shall be designated as the alternate for his district23. Said annual meeting shall be heldon the second Tuesday of Feb-24ruary of each year in Caldwell, Idaho. For the purpose of initial appointments25to the commission, the governor shall appoint the first six (6) grower members26for a term of one (1) year, commencing July 1, 1974, upon the nomination of27the director of the department of agricultureat a time and place 28 designated by the alfalfa seed growers association with notification mailed to 29 all alfalfa seed growers in Idaho . 30 (2) A general meeting of the Idahoalfalfa seed dealers31 Eastern Oregon Seed Association shall nominate two (2) dealers, 32 one (1) of whom shall be appointed as provided for in this act byMarch3331June 30 of each year, and one (1) of whom shall be des- 34 ignated as alternate.For the purpose of an initial appointment, the35governor shall appoint a dealer member, upon the nomination of the director of36the department of agriculture, for a term of one (1) year, commencing July 1,371974.38 SECTION 3. That Section 22-4215, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 22-4215. DEPOSIT OF ASSESSMENTS -- WITHDRAWAL METHOD -- EXPENSES -- BOND 41 REQUIRED -- AUDIT. (1)As soon as possible after receipt42 All receipts for the commission will be deposited within five (5) working days 43 of being received , all moneys received by the commission from the 44 assessment levied under section 22-4210, Idaho Code, and all 45 other moneys received by the commission shall be deposited in one (1) or more 46 separate accounts in the name of the commission in one (1) or more banks or 47 trust companies approved under chapter 27, title 67, Idaho Code, as state 48 depositories. The commission shall designate such accounts at such banks or 49 trust companies. 50 (2) (a) No money shall be withdrawn or paid out of such accounts except 51 upon order of the commission and upon checks or other orders upon such 52 accounts signed by such member of the commission as the commission desig- 53 nates and countersigned by such other member, officer or employee of the 3 1 commission as the commission designates. A receipt, voucher or other writ- 2 ten record, showing clearly the nature and items covered by each check or 3 other order, shall be kept. 4 (b) All moneys referred to in subsection (1) of this section shall be 5 used by the commission only for the payment of expenses of the commission 6 in carrying out the powers conferred on the commission. 7 (c) The commission may require any commission member or agent or employee 8 appointed by the commission to give a bond payable to the commission in 9 the amount and with the security and containing the terms and conditions 10 the commission may prescribe. The cost of such bond is an administrative 11 cost under this act. 12 (3) All moneys received or expended by the commission shall be 13 audited every second year, but shall address each year separately, by a certi- 14 fied public accountant designated by the commission, who shall furnish a copy 15 of such audit to the state controller and to the senate agricultural affairs 16 committee and the house agricultural affairs committee. The audit shall be 17 completed within ninety (90) days following the close of the fiscal year. 18 The right is reserved to the state of Idaho to audit all funds of the 19 commission at any time.
STATEMENT OF PURPOSE
RS 07954
The original laws governing the Idaho Alfalfa Seed
Commission in Idaho were established in the mid 1970's The
proposed changes deal with updating the law to more
accurately reflect the current operations of the Alfalfa
Seed Industry in Idaho.
The proposed changes include: changing the rate of
compensation for commission members, clarification of the
nomination and election process for commission members,
deleting the alternates for commission members, changing
the date of the Annual Meeting of the Growers Association
and the name of the Dealer's organization.
In addition, following an audit by the State Auditors in
1997, they have recommenced clarification in the law as it
relates to handling of funds in a timely fashion and the
auditing of Idaho Alfalfa Seed Commission every second year
with each year being handled distinctly.
FISCAL NOTE
There is no fiscal impact in this
legislation.
CONTACT: Rick Waitley
888-0988
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No. H 696