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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
H0452
|||| 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