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H0244...............................................by AGRICULTURAL AFFAIRS
CROP INSPECTIONS - Amends existing law to provide for delegation of
authority by the director of the Department of Agriculture to other
instrumentalities or agents for establishing and maintaining a uniform and
reasonable system of inspection and certification of crops, plants, plant
parts or products thereof; to provide the legal effect of the delegation;
to provide for fees charged by the certifying agency; and to limit the
liability of the Department of Agriculture.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Agric Aff
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 69-0-1
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh,
Linford, Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Marley
Floor Sponsor - Lake
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Agric Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Geddes
Title apvd - to House
03/12 To enrol
03/15 Rpt enrol - Sp signed
03/16 Pres signed - to Governor
03/18 Governor signed
Session Law Chapter 117
Effective: 07/01/99
H0244|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 244 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO NOXIOUS WEEDS; AMENDING CHAPTER 24, TITLE 22, IDAHO CODE, BY THE 3 ADDITION OF NEW SECTIONS 22-2411, 22-2412 AND 22-2413, IDAHO CODE, TO PRO- 4 VIDE FOR DELEGATION OF AUTHORITY BY THE DIRECTOR OF THE DEPARTMENT OF 5 AGRICULTURE TO OTHER INSTRUMENTALITIES OR AGENTS FOR ESTABLISHING AND 6 MAINTAINING A UNIFORM AND REASONABLE SYSTEM OF INSPECTION AND CERTIFICA- 7 TION OF CROPS, PLANTS, PLANT PARTS OR PRODUCTS THEREOF AND TO PROVIDE THE 8 LEGAL EFFECT OF THE DELEGATION, TO PROVIDE FOR FEES CHARGED BY THE CERTI- 9 FYING AGENCY AND TO LIMIT THE LIABILITY OF THE DEPARTMENT OF AGRICULTURE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Chapter 24, Title 22, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of NEW SECTIONS , to be 13 known and designated as Sections 22-2411, 22-2412 and 22-2413, Idaho Code, and 14 to read as follows: 15 22-2411. DELEGATION OF AUTHORITY. The director of the department of agri- 16 culture may delegate in writing its authority, or any part thereof, under this 17 chapter to any instrumentality or entity as an agent and servant of the state 18 whose principal purpose is to establish and maintain a uniform and reasonable 19 system of inspection and certification of crops, plants, plant parts or prod- 20 ucts thereof. Any agent designated hereunder shall be a servant of the state 21 of Idaho and shall be acting in an official capacity for the state of Idaho 22 and under the supervision of the director consistent with this chapter. The 23 delegated instrumentality or entity as agent and servant of the state shall be 24 an entity of the state of Idaho as provided in the tort claims act, chapter 9, 25 title 6, Idaho Code. 26 22-2412. FEES CHARGED BY CERTIFYING AGENCY. Fees may be charged by the 27 certifying agency, under schedules set forth in rules of the department for 28 certification of crops, plants, plant parts or products thereof under this 29 chapter, but these fees shall have a reasonable relation to the cost, and may 30 be used only for expenses in connection with inspection and certification and 31 improvement of inspection and certification services. 32 22-2413. LIABILITY OF DEPARTMENT LIMITED. The department shall not be 33 financially responsible for debts incurred, damages inflicted, or contracts 34 broken by the certifying agent in conducting certification work. The certify- 35 ing agent shall be entitled to all the protections as provided in the tort 36 claims act, chapter 9, title 6, Idaho Code.
STATEMENT OF PURPOSE
RS08948
The Director of the Idaho Department of Agriculture has an
interest in privatizing certain inspection and certification
services. This legislation would amend the Noxious Weed law to
authorize the Director to delegate authority for certification of
crops, plants and plant products to an agent that has an interest
and the necessary expertise to conduct inspection and
certification services; and provide authority for the certifying
agent to assess a reasonable fee for these inspection and
certification services. This legislation would also limit the
liability of the Department of Agriculture for actions of the
certifying agent.
The immediate purpose of this proposed legislation is to provide
authority for the Director to transfer the forage and straw
certification program to the Idaho Crop Improvement Association
which currently performs other certification services in the
state. Transfer of this function to an agent will make more time
available for state and county personnel to work in other Noxious
Weed control activities.
FISCAL NOTE
No additional fiscal impact. Currently, certification services are
provided through weed supervisors on a cost recovery basis. It is
anticipated that fees would be very similar to those currently
charged.
CONTACT: Glen Secrist
Phone #332-8536
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 244