1998 Legislation
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HOUSE BILL NO. 734, As Amended – Sheep Comm Bd, duties

HOUSE BILL NO. 734, As Amended

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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

Bill Text


H0734


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

                             IN 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 AND
19     OATH. 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 manner
42    prescribed 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  meeting    semi
 5    annually  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:

24         25-128A  25-2612A .  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 / Fiscal Impact


    





                          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