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H0216...............................................by AGRICULTURAL AFFAIRS
POTATO COMMISSION - Amends existing law to provide that all contractual
expenses incurred by the Idaho Potato Commission in performing its duties
and exercising its powers shall be without liability on the part of the
state.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/15 Rls susp - PASSED - 63-0-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould Hammond,
Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Montgomery, Mortensen, Moyle, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Schaefer, Sellman, Smith, Stevenson, Stoicheff,
Stone, (Taylor)Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
Williams, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Chase, Hadley, Hansen(29), Kendell, Pischner,
Sali
Dist. 15, Seat A, Vacant
Floor Sponsor - Jones
Title apvd - to Senate
02/16 Senate intro - 1st rdg - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 27-0-8
AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
Danielson, Darrington, Davis, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Keough, Lee, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Stennett, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Burtenshaw, Deide, Ipsen, King, McLaughlin, Noh,
Parry, Thorne
Floor Sponsor - Sandy
Title apvd - to House
03/05 To enrol
03/08 Rpt enrol - Sp signed - Pres signed
03/09 To Governor
03/15 Governor signed
Session Law Chapter 64
Effective: 03/15/99
H0216|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 216 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO POTATO COMMISSION; PROVIDING LEGISLATIVE INTENT; AMEND- 3 ING SECTION 22-1210, IDAHO CODE, TO PROVIDE THAT ALL CONTRACTUAL EXPENSES 4 INCURRED BY THE COMMISSION IN PERFORMING ITS DUTIES AND EXERCISING ITS 5 POWERS SHALL BE WITHOUT LIABILITY ON THE PART OF THE STATE; AND DECLARING 6 AN EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. LEGISLATIVE INTENT. The Legislature of the State of Idaho is 9 fully aware of and familiar with the decision of the District Court in the 10 case of "Idaho Potato Commission v. M&M Farms & Sales, Inc. et al.," Case Num- 11 ber 97 Civ. 8125 (CLB). This act clarifies Section 22-1210, Idaho Code, and 12 expresses the Legislature's disagreement with that portion of the court's 13 opinion holding that the Idaho Potato Commission, as an agency of the state of 14 Idaho, is not entitled to sovereign immunity. This legislation clarifies the 15 limitation on expenses consistent with the Legislature's original intent and 16 prior understanding of the law: The Idaho Potato Commission is responsible for 17 and must satisfy its contractual obligations out of tax funds collected from 18 the potato tax. The state of Idaho, through its mandatory risk management pro- 19 gram, is responsible for tort claims made against state agencies, including 20 the Idaho Potato Commission. The Legislature also reaffirms and confirms the 21 powers and duties of the Idaho Potato Commission in requiring the licensing of 22 all those using any of the Idaho trade or certification marks, regulating the 23 Idaho potato industry by requiring licensing of those who handle or pack pota- 24 toes grown in Idaho, certifying Idaho grown potatoes and preventing those who 25 would not agree to licensure and an audit of their packing facilities and 26 records from handling and packing Idaho grown potatoes. These activities and 27 duties advance the interests and welfare of the state of Idaho and its potato 28 industry which are of vital importance to the general welfare of the state. 29 SECTION 2. That Section 22-1210, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 22-1210. LIMIT ON STATE LIABILITY -- COMPENSATION AND EXPENSES. All 32 contractual expenses incurred by the commission in performing its 33 duties and exercising its powers shall be without liability on the part of the 34 state. 35 No member of the commission shall receive any compensation for his ser- 36 vices as such member, except as provided in section 22-1202, Idaho Code, but 37 members and employees of the commission and other persons acting under the 38 direction of the commission shall, if approved by the commission, be reim- 39 bursed for their actual and reasonable expenses incurred in performing their 40 duties under this chapter. 41 SECTION 3. An emergency existing therefor, which emergency is hereby 2 1 declared to exist, this act shall be in full force and effect on and after its 2 passage and approval.
STATEMENT OF PURPOSE
RS 08906C1
The purpose of this legislation is to express the Legislature's disagreement with the decision of the United
States District Court holding that the Idaho Potato Commission is not entitled to sovereign immunity and thus
is subject to antitrust claims in federal court. This act also states that it is the intent of the legislature to
expressly reaffirm that the Idaho Potato Commission is following a clearly expressed state policy in regulating
the Idaho potato industry and those participating in the handling and packing of Idaho potatoes, whether
located in or outside of Idaho. Indeed the very claims made against the Idaho Potato Commission in the case
referenced in this legislation is the conduct that the Legislature has previously authorized and directed the
Idaho Potato Commission to perform. Any anticompetitive conduct as alleged in this case was a clearly
intended and foreseeable consequence of the state delegation of authority to the Idaho Potato Commission.
This act is not a change from existing law. Rather this act reaffirms the legislature's original intent and
understanding that the Idaho Potato Commission is an agency of the State of Idaho, acts pursuant to the
legislative mandate that created it and is advancing the general welfare of the state when performing the
statutorily authorized activities that it is engaged in.
FISCAL NOTE
This act could save the general fund an undetermined amount of
money. Should the District Court or Appellate Court determine that sovereign immunity or state action
immunity apply in this case, the retained risk account of the state treasury will not continue to incur expenses
or be at risk of a judgment being entered against it.
CONTACT: Rep. Bert Stevenson
Phone #332-1000
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 216