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H0452...............................................by AGRICULTURAL AFFAIRS POTATO COMMISSION - Amends existing law to provide that all tort obligations for acts and omissions of the Idaho Potato Commission are binding on the state of Idaho as, and to the extent provided for, in Chapter 9, Title 6, Idaho Code. 01/27 House intro - 1st rdg - to printing 01/28 Rpt prt - to Agric Aff 02/07 Rpt out - rec d/p - to 2nd rdg 02/08 2nd rdg - to 3rd rdg 02/09 3rd rdg - PASSED - 66-0-4 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood, Mr Speaker NAYS -- None Absent and excused -- Crow, Kellogg, Mortensen, Zimmermann Floor Sponsor - Stevenson Title apvd - to Senate 02/10 Senate intro - 1st rdg - to Jud 02/15 Rpt out - rec d/p - to 2nd rdg 02/16 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 33-0-2 AYES--Andreason, Boatright, Branch(Walton), Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Davis, Ipsen Floor Sponsor - Sandy Title apvd - to House 02/24 To enrol 02/25 Rpt enrol - Sp signed 02/29 Pres signed - to Governor 03/03 Governor signed Session Law Chapter 12 Effective: 01/01/93
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 452 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO POTATO COMMISSION; AMENDING SECTION 22-1210, IDAHO CODE, 3 TO PROVIDE THAT ALL TORT OBLIGATIONS ARISING OUT OF ACTS AND OMISSIONS OF 4 THE COMMISSION ARE BINDING ON THE STATE OF IDAHO AS, AND TO THE EXTENT 5 PROVIDED FOR, IN THE IDAHO TORT CLAIMS ACT; AND DECLARING AN EMERGENCY AND 6 PROVIDING RETROACTIVE APPLICATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 22-1210, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 22-1210. LIMIT ON STATE LIABILITY -- COMPENSATION AND EXPENSES. All con- 11 tractual expenses incurred by the commission in performing its duties and 12 exercising its powers shall be without liability on the part of the state. All 13 tort obligations arising out of acts and omissions of the commission are bind- 14 ing on the state of Idaho as, and to the extent provided for, in chapter 9, 15 title 6, Idaho Code. 16 No member of the commission shall receive any compensation for his ser- 17 vices as such member, except as provided in section 22-1202, Idaho Code, but 18 members and employees of the commission and other persons acting under the 19 direction of the commission shall, if approved by the commission, be reim- 20 bursed for their actual and reasonable expenses incurred in performing their 21 duties under this chapter. 22 SECTION 2. An emergency existing therefor, which emergency is hereby 23 declared to exist, this act shall be in full force and effect on and after its 24 passage and approval, and retroactively to January 1, 1993.
STATEMENT OF PURPOSE RS 09682C1 This legislation clarifies existing law of the Idaho Potato Commission ("IPC"). During the last legislative session, this code section was amended to state that while the IPC was responsible for its contractual obligations, the State of Idaho was responsible for tort claims made against state agencies, including the Idaho Potato Commission. However, this portion of the legislation was not put in the Idaho Code, but only in the Session Laws. This legislation was submitted to the federal district court which has been hearing thecase IPC brought against several companies accused of putting non-Idaho potatoes in Idaho potato bags. These same companies have sued the IPC claiming that IPC has damaged them by requiring them to enter into agreements and keep records to prove that they are honest packers of Idaho potatoes. The Judge ruled that last years legislation was not clear enough stating: "The Idaho Legislature could have dealt directly with the sixth Mancuso factor simply by providing that all the obligations of the IPC are binding on the State, and it may yet do so. As of the present date it has not." IPC has appealed this determination to the Second Circuit Court of Appeals. In October, 1999 the case was put on hold in order to give the Idaho legislature the opportunity to clarify the law by putting the uncodified language previously adopted into the statute. This is what section one of this legislation accomplishes. The legislation also includes an emergency clause because the law is not being changed but merely being clarified. This will allow the litigation to proceed forward without further delay. The emergency clause also makes the legislation retroactive to January 1, 1993. This is necessary to cover the period of time relevant to the court proceedings. FISCAL NOTE This legislation will reduce expenditures of both the IPC and the State of Idaho's Risk Management Program because litigation may be avoided. The State and the IPC should save money through passage of this legislation. CONTACT: Rep. John A. "Pert" Stevenson Senator John Sandy (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 452