2000 Legislation
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HOUSE BILL NO. 557 – Alfalfa/Clover Seed Industries

HOUSE BILL NO. 557

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Daily Data Tracking History



H0557...............................................by AGRICULTURAL AFFAIRS
ALFALFA AND CLOVER SEED INDUSTRIES - Amends existing law to rename the
"Alfalfa Seed Industry Act" to the "Alfalfa and Clover Seed Act"; to rename
the Alfalfa Seed Commission to the Alfalfa and Clover Seed Commission; to
provide for representatives of the clover seed industry on the commission;
to provide that powers and duties of the Alfalfa and Clover Seed Commission
include activities relating to clover seed; to provide an assessment on
clover seed; and to require records regarding clover seed.
                                                                        
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Agric Aff
02/18    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 56-0-14
      AYES -- Alltus, Barrett, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Denney,
      Field(20), Gagner, Hadley, Hansen(23), Hansen(29), Henbest, Hornbeck,
      Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake, Loertscher, Mader,
      Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail(Miller), Zimmermann
      NAYS -- None
      Absent and excused -- Barraclough, Deal, Ellsworth, Field(13),
      Geddes, Gould, Hammond, Kellogg, Linford, McKague, Pischner, Wheeler,
      Wood, Mr Speaker
    Floor Sponsor - Jones
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Agric Aff
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Branch
    Title apvd - to House
03/29    To enrol
03/30    Rpt enrol - Sp signed - Pres signed
03/31    To Governor
04/05    Governor signed
         Session Law Chapter 201
         Effective: 01/01/00

Bill Text


 H0557
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 557
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE ALFALFA SEED INDUSTRY ACT; AMENDING THE  HEADING  FOR  CHAPTER
  3        42,  TITLE 22, IDAHO CODE; AMENDING SECTION 22-4201, IDAHO CODE, TO CHANGE
  4        THE TITLE OF THE ACT TO THE ALFALFA AND CLOVER SEED INDUSTRIES ACT; AMEND-
  5        ING SECTION 22-4202, IDAHO CODE, TO ADD REFERENCES TO CLOVER SEED  AND  TO
  6        MAKE  A TECHNICAL CORRECTION; AMENDING SECTION 22-4203, IDAHO CODE, TO ADD
  7        REFERENCES TO CLOVER AND CLOVER SEED IN DEFINITIONS AND TO MAKE A  TECHNI-
  8        CAL  CORRECTION;  AMENDING SECTION 22-4204, IDAHO CODE, TO CHANGE THE NAME
  9        OF THE ALFALFA SEED COMMISSION TO THE ALFALFA AND CLOVER  SEED  COMMISSION
 10        AND  TO  PROVIDE  THAT  MEMBERS INCLUDE REPRESENTATIVES OF THE CLOVER SEED
 11        INDUSTRY; AMENDING SECTION 22-4205,  IDAHO  CODE,  TO  ADD  REFERENCES  TO
 12        CLOVER SEED GROWERS; AMENDING SECTION 22-4207, IDAHO CODE, TO PROVIDE THAT
 13        THE  POWERS  AND  DUTIES OF THE ALFALFA AND CLOVER SEED COMMISSION INCLUDE
 14        ACTIVITIES RELATED TO CLOVER SEED AND  TO  MAKE  A  TECHNICAL  CORRECTION;
 15        AMENDING  SECTION  22-4208,  IDAHO  CODE,  TO  PROVIDE  A REFERENCE TO THE
 16        ALFALFA AND CLOVER SEED COMMISSION;  AMENDING SECTION 22-4210, IDAHO CODE,
 17        TO PROVIDE AN ASSESSMENT ON CLOVER SEED; AMENDING SECTION  22-4211,  IDAHO
 18        CODE,  TO  ADD  REFERENCES TO CLOVER SEED IN THE CONTEXT OF PAYING ASSESS-
 19        MENTS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 22-4214,  IDAHO
 20        CODE,  TO  REQUIRE RECORDS FOR CLOVER SEED AND TO MAKE A TECHNICAL CORREC-
 21        TION; AND DECLARING AN EMERGENCY AND  PROVIDING  A  RETROACTIVE  EFFECTIVE
 22        DATE.
                                                                        
 23    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 24        SECTION 1.  That the Heading for Chapter 42, Title 22, Idaho Code, be, and
 25    the same is hereby amended to read as follows:
                                                                        
 26                                      CHAPTER 42
 27                     ALFALFA AND CLOVER SEED INDUSTRY INDUSTRIES
                                                                        
 28        SECTION  2.  That  Section 22-4201, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        22-4201.  TITLE OF ACT. This act shall be known as the "Alfalfa and Clover
 31    Seed Industry Industries Act."
                                                                        
 32        SECTION 3.  That Section 22-4202, Idaho Code, be, and the same  is  hereby
 33    amended to read as follows:
                                                                        
 34        22-4202.  PURPOSE.  It  is  hereby  declared,  as  a matter of legislative
 35    determination, that it is to the best interests of all the people of the state
 36    of Idaho that the abundant and natural resources of Idaho be protected,  fully
 37    developed and uniformly distributed; that economic waste threatens the alfalfa
 38    seed  and clover seed industry industries in the state of Idaho by the lack of
 39    facilities and funds for research to develop and improve control measures  for
                                                                        
                                           2
                                                                        
  1    diseases  and  pests which attack alfalfa seed and clover seed pollinators, to
  2    improve alfalfa seed and clover seed growing culture and to disseminate infor-
  3    mation to the growers, and by lack of proper advertising and dissemination  of
  4    information  necessary  for  the development and promotion of alfalfa seed and
  5    clover seed grown in the state of Idaho; and that it is in  the  interests  of
  6    the  people,  welfare  and  general prosperity of the state of Idaho that this
  7    avoidable economic waste be eliminated by the growers having at their disposal
  8    all available information on the best and most advanced  methods  of  culture,
  9    growing, harvesting and marketing of alfalfa seed and clover seed. The purpose
 10    of  this  act is to promote the general welfare of our people by improving the
 11    culture and production of and expanding the market for alfalfa seed and clover
 12    seed grown in the state of Idaho.
                                                                        
 13        SECTION 4.  That Section 22-4203, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        22-4203.  DEFINITIONS.  Wherever  used  or referred to in this act, unless
 16    the context requires otherwise:
 17        (1)  "Commission" means the Idaho alfalfa and clover commission.
 18        (2)  "Grower" means any landowner personally engaged  in  growing  alfalfa
 19    seed  or  clover  seed, a tenant personally engaged in growing alfalfa seed or
 20    clover seed, or both the owner and the tenant jointly, and includes a  person,
 21    partnership,   association,   corporation,  cooperative  organization,  trust,
 22    sharecropper or any and all other business  units,  devices  and  arrangements
 23    that grow alfalfa seed or clover seed.
 24        (3)  "Dealer"  means  any  person,  partnership, association, corporation,
 25    cooperative or other business unit or device that first handles, packs, ships,
 26    buys and sells alfalfa seed or clover seed, or who acts as sales or purchasing
 27    agent, broker or factor of alfalfa seed or clover seed.
 28        (4)  "Handled in the primary channels of trade" means the  time  when  any
 29    alfalfa  seed  or  clover  seed  is delivered under a sales contract, sold, or
 30    delivered for shipment and sale.
 31        (5)  "Ship" means to load alfalfa seed or clover seed  into  any  mode  of
 32    conveyance for transport in the channels of trade or to market.
 33        (6)  "Processor"  and  "processing plant" means every person, partnership,
 34    association, corporation, cooperative or other business unit or device to whom
 35    and every place to which alfalfa seed or clover seed is delivered  for  clean-
 36    ing, packing and blending.
 37        (7)  "District  No.  1" shall consist of the following counties: Ada, Owy-
 38    hee, Elmore, Camas, Blaine, Gooding, Lincoln, Minidoka,  Jerome,  Twin  Falls,
 39    Cassia,  Power,  Franklin,  Oneida,  Bannock,  Bear Lake, Caribou, Bonneville,
 40    Madison, Teton, Jefferson, Fremont, Butte, Clark and Bingham.
 41        (8)  "District No. 2" shall consist of the following  counties:  Boundary,
 42    Bonner,  Benewah,  Shoshone,  Kootenai,  Nez  Perce, Lewis, Latah, Clearwater,
 43    Idaho, Valley, Adams, Boise, Gem, Payette, Washington, Canyon, Lemhi and  Cus-
 44    ter.
                                                                        
 45        SECTION  5.  That  Section 22-4204, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        22-4204.  CREATION OF COMMISSION -- MEMBERS -- QUALIFICATIONS -- COMPENSA-
 48    TION. There is hereby created an alfalfa and clover seed commission within the
 49    department of agriculture, to be thus known  and  designated.  The  commission
 50    shall be composed of six (6) practical alfalfa seed or clover seed growers and
 51    one (1) practical alfalfa seed or clover seed dealer.
                                                                        
                                           3
                                                                        
  1        The six (6) grower members shall be citizens and residents of the state of
  2    Idaho,  each  of whom is and has been actively engaged in the growing and pro-
  3    ducing of alfalfa seed or clover seed within the state of Idaho,  and  a  sub-
  4    stantial portion of whose income has been derived from growing alfalfa seed or
  5    clover seed.
  6        The one (1) dealer member shall be a person who, individually or as execu-
  7    tive  officer  of a corporation, firm, partnership, association or cooperative
  8    organization, is and has been actively engaged as a dealer in alfalfa seed  or
  9    clover  seed  within  the  state  of  Idaho, is a citizen and resident of this
 10    state, and a substantial portion of his income shall have  been  derived  from
 11    handling,  packing,  shipping, buying and selling alfalfa seed or clover seed,
 12    or acting as sales or purchasing agent, broker or factor of  alfalfa  seed  or
 13    clover seed.
 14        The  qualifications  of members of the commission as herein set forth must
 15    continue during their term of office. Each member of the commission  shall  be
 16    compensated as provided by section 59-509(n), Idaho Code.
                                                                        
 17        SECTION  6.  That  Section 22-4205, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        22-4205.  APPOINTMENT OF NOMINATING COMMITTEE -- PRESENTATION OF  NOMINEES
 20    TO ANNUAL MEETING -- TIME AND PLACE OF ANNUAL MEETING. (1) The director of the
 21    department of agriculture shall appoint a grower nominating committee of three
 22    (3)  growers  from  each  district,  whose responsibility shall be to select a
 23    slate of nominees for vacancies occurring on the commission either by  expira-
 24    tion  of term or for other reasons a vacancy may occur. Two (2) grower members
 25    shall be nominated by the nominating committee for each vacancy  occurring  on
 26    the  commission  membership. The nominations of the nominating committee shall
 27    be presented to the annual meeting of alfalfa seed and clover seed growers for
 28    concurrence in the list of nominees, or for such substitutions to the list  as
 29    the  annual  meeting  may make by majority vote. Each member nominated for the
 30    commission shall be a resident citizen of the state of Idaho for a  period  of
 31    four  (4)  years prior to his election or selection, shall have active experi-
 32    ence in growing alfalfa seed or clover seed and shall be now actually  engaged
 33    in growing alfalfa seed or clover seed in Idaho and shall derive a substantial
 34    portion  of  his  income  from  growing  alfalfa seed or clover seed or be the
 35    directing or managing head of a corporation, firm, partnership, or other busi-
 36    ness unit which derives a substantial  portion  of  its  income  from  growing
 37    alfalfa  seed  or  clover  seed.  To continue holding office, each member must
 38    remain qualified. The governor may remove any member who becomes  disqualified
 39    during  his  term of office or who is unable to carry out his duties. The term
 40    of office of each member of the commission shall terminate on the last day  of
 41    June  of the year in which the term for which the member was elected ends, but
 42    each member of the commission shall serve until his  respective  successor  is
 43    elected and has qualified. From such list of nominees, the governor shall des-
 44    ignate  and appoint one (1) as a member of the commission. Said annual meeting
 45    shall be held at a time and place designated by the alfalfa  and  clover  seed
 46    growers  association  with  notification mailed to all alfalfa seed and clover
 47    seed growers in Idaho.
 48        (2)  A general meeting of the Idaho Eastern Oregon Seed Association  shall
 49    nominate  two  (2) dealers, one (1) of whom shall be appointed as provided for
 50    in this act by June 30 of each year, and one (1) of whom shall  be  designated
 51    as alternate.
                                                                        
 52        SECTION  7.  That  Section 22-4207, Idaho Code, be, and the same is hereby
                                                                        
                                           4
                                                                        
  1    amended to read as follows:
                                                                        
  2        22-4207.  POWERS AND DUTIES OF COMMISSION. The powers and  duties  of  the
  3    commission shall include the following:
  4        (1)  To administer and enforce this act.
  5        (2)  To contract in the name of the commission and be contracted with.
  6        (3)  To  employ  and  at  pleasure discharge a research director, research
  7    staff, a secretary, advertising manager, advertising  agents,  agents,  attor-
  8    neys,  and  such  clerical and other help as it deems necessary and to control
  9    their powers and duties and to fix their compensation.
 10        (4)  To keep books, records and accounts of all its dealings, which books,
 11    records and accounts of all its dealings shall be open to  inspection  by  the
 12    state controller at all times.
 13        (5)  To  purchase or authorize the purchase of all office equipment and/or
 14    supplies and incur all other reasonable and necessary expenses and obligations
 15    in connection with and required for the proper carrying out of the  provisions
 16    of this act.
 17        (6)  To  become a member of and purchase membership in trade organizations
 18    and to subscribe to and purchase trade bulletins,  journals  and  other  trade
 19    publications.
 20        (7)  To  plan  and  conduct  a  research program to improve the quality of
 21    alfalfa seed and clover seed, to develop and improve control measures for dis-
 22    ease and pests which attack alfalfa and alfalfa seed  pollinators  and  clover
 23    and  clover seed pollinators and to improve alfalfa and clover growing culture
 24    and to disseminate such information among the growers and dealers of the state
 25    and to make such research contracts and other agreements as may be necessary.
 26        (8)  To plan and conduct a  publicity  and  sales  promotion  campaign  to
 27    increase  the  sale  and use of Idaho alfalfa seed and clover seed and to make
 28    such publicity and sales promotion contracts and other agreements  as  may  be
 29    necessary.
 30        (9)  To  establish and maintain the executive offices of the commission at
 31    any place within the state of Idaho, which designated place may be changed  at
 32    the discretion of the commission.
 33        (10) To  adopt  and  from time to time alter, rescind, modify or amend all
 34    proper and necessary rules and orders for the exercise of its powers  and  the
 35    performance of its duties under this act.
 36        (11) To  cooperate  with  any  local,  state  or  national organization or
 37    agency, whether voluntary or created by the law of any state,  or  the  United
 38    States  government,  engaged  in  work  or  activities similar to the work and
 39    activities of the commission, and to enter into contracts or  agreements  with
 40    such  organizations  or agencies for carrying on a joint campaign of research,
 41    education, product protection, publicity and reciprocal enforcement  of  these
 42    objectives.
 43        (12) To investigate and prosecute in the name of the state of Idaho viola-
 44    tions  of  this  act; to investigate and prosecute in the name of the state of
 45    Idaho any suit or action for the collection of assessments as hereinafter pro-
 46    vided, or to protect brands, marks, packages, brand names or trademarks  being
 47    promoted by the commission.
 48        (13) To promote the sale and use of Idaho alfalfa seed and clover seed.
 49        (14) To  provide  for  and conduct a comprehensive and extensive research,
 50    promotion and educational campaign as continuous as the crop, sales and market
 51    conditions reasonably require.
                                                                        
 52        SECTION 8.  That Section 22-4208, Idaho Code, be, and the same  is  hereby
 53    amended to read as follows:
                                                                        
                                           5
                                                                        
  1        22-4208.  RECEIPT  OF  GIFTS  -- PAYABLE TO COMMISSION. The commission may
  2    accept grants, donations and gifts of funds from any  source  for  expenditure
  3    for  any  purpose consistent with this act, which may be specified as a condi-
  4    tion of any grant, donation or gift. All funds received under  the  provisions
  5    of this act shall be paid to the Idaho alfalfa and clover seed commission.
                                                                        
  6        SECTION  9.  That  Section 22-4210, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        22-4210.  ASSESSMENT ON ALFALFA SEED AND  CLOVER  SEED.  There  is  hereby
  9    levied upon all alfalfa seed and clover seed grown annually in this state, and
 10    all  alfalfa seed sold as Idaho alfalfa seed and all clover seed sold as Idaho
 11    clover seed, an assessment of one-fourth cent (1/4) per pound of clean  seed.
 12    All  moneys  collected  hereunder shall be expended to effectuate the purposes
 13    and objects of this act.
                                                                        
 14        SECTION 10.  That Section 22-4211, Idaho Code, be, and the same is  hereby
 15    amended to read as follows:
                                                                        
 16        22-4211.  TIME  FOR  PAYMENT  OF  ASSESSMENTS  -- RECOVERY OF PAYMENT FROM
 17    GROWER. All assessments levied and imposed under and pursuant  to  the  provi-
 18    sions  of  this  chapter shall be paid to the commission by the person, either
 19    grower or dealer, by whom the alfalfa seed or clover seed is first handled  in
 20    the  primary  channels of trade and shall be paid at such times as the commis-
 21    sion may by rule or regulation prescribe, but not later than sixty  (60)  days
 22    from  the  date  on  which the grower received payment for the alfalfa seed or
 23    clover seed. If the party first handling the alfalfa seed or  clover  seed  in
 24    the  primary channels of trade is a person other than the grower he may charge
 25    against or recover from the grower of such alfalfa seed  or  clover  seed  the
 26    full amount of any assessment levied and imposed under this chapter.
                                                                        
 27        SECTION  11.  That Section 22-4214, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        22-4214.  DEALER'S RECORDS OF SEED HANDLED -- OPEN TO INSPECTION  BY  COM-
 30    MISSIONER.  Every  dealer  shall maintain accurate records of all alfalfa seed
 31    and clover seed handled, packed, shipped or processed by him. The record shall
 32    be in such form and contain such information as the commission may by rule  or
 33    regulation  prescribe,  and  shall be preserved for a period of two (2) years,
 34    and be subject to inspection at any time upon request of the commission or its
 35    agents.
                                                                        
 36        SECTION 12.  An emergency existing therefor,  which  emergency  is  hereby
 37    declared to exist, this act shall be in full force and effect on and after its
 38    passage and approval, and retroactively to January 1, 2000.

Statement of Purpose / Fiscal Impact


     
                           
                STATEMENT OF PURPOSE 
                       RS09962 
                           
     The recent bankruptcy filing of a major seed contracting company has made this
     change in the law necessary. Currently all alfalfa seed growers automatically
     belong to the Idaho alfalfa seed growers group and pay an assessment to the Idaho
     Alfalfa Seed Commission, but the clover growers do not share in this association.
     There is some overlap in the growers of clover and alfalfa but not completely. 
     
     In this bankruptcy case the alfalfa seed growers have retained an attorney as a
     group and the clover growers would like to participate. In order for this to happen
     they will need to be included officially in the seed growers group for
     representation purposes. 
     
     This bill makes that change. 
     
     
     
                     FISCAL NOTE 
     
     No impact to the state of Idaho but an increase of approximately $8,750.00
     annually to the Idaho Alfalfa Seed and Clover Seed Commission. 
     
     
     
     
     
               CONTACT:  Rep. Doug Jones
               332-1000 
     
     
                                                  STATEMENT OF PURPOSE/ FISCAL NOTE                             H 557