1999 Legislation
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HOUSE BILL NO. 244 – Crop inspection, authority, fees

HOUSE BILL NO. 244

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Daily Data Tracking History



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

Bill Text


H0244


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN 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 / Fiscal Impact


                       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