2001 Legislation
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HOUSE BILL NO. 171 – Pest management comm

HOUSE BILL NO. 171

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H0171...............................................by AGRICULTURAL AFFAIRS
PEST MANAGEMENT COMMISSION - Adds to existing law to provide for a
Commission on Pesticide Management; to provide for use of appropriations;
to provide for deposit and disbursement of funds; to provide for the audit
of funds; to provide for annual and biennial reports; to provide for duties
of the commission; and to provide for legislative evaluation.
                                                                        
02/07    House intro - 1st rdg - to printing
02/08    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 171
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AGRICULTURE; AMENDING TITLE 22, IDAHO CODE, BY THE ADDITION  OF  A
  3        NEW  CHAPTER 18, TITLE 22, IDAHO CODE, TO PROVIDE FOR A COMMISSION ON PES-
  4        TICIDE MANAGEMENT, TO PROVIDE FOR THE USE OF  APPROPRIATIONS,  TO  PROVIDE
  5        FOR RESTRICTIONS ON USE OF STATE MONEY AND TO PROVIDE FOR THE COMMISSION'S
  6        APPROVAL  OF USE OF MONEYS, TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF
  7        FUNDS, TO PROVIDE FOR THE AUDIT OF FUNDS BY THE STATE OF IDAHO, TO PROVIDE
  8        FOR AN ANNUAL REPORT BY THE COMMISSION TO DESIGNATED  STATE  ENTITIES,  TO
  9        PROVIDE  FOR  BIENNIAL AUDITS AND REPORTS AND TO PROVIDE AN EXEMPTION FROM
 10        THE STANDARD TRAVEL PAY AND ALLOWANCE ACT OF 1949 FOR COMMISSION  EXPENDI-
 11        TURES,  TO  PROVIDE FOR DUTIES OF THE COMMISSION, TO PROVIDE FOR AN ANNUAL
 12        REPORT TO THE LEGISLATURE AND TO PROVIDE FOR LEGISLATIVE EVALUATION.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Title 22, Idaho Code, be, and the same is hereby  amended
 15    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 16    ter 18, Title 22, Idaho Code, and to read as follows:
                                                                        
 17                                      CHAPTER 18
 18                     IDAHO STATE PESTICIDE MANAGEMENT COMMISSION
                                                                        
 19        22-1801.   COMMISSION ON PESTICIDE MANAGEMENT -- ESTABLISHED  --  COMPOSI-
 20    TION -- DURATION OF MEMBERSHIP -- COMPENSATION. (1)  A commission on pesticide
 21    management,  hereinafter  referred  to in this chapter as "the commission," is
 22    established. The commission shall be composed of eleven  (11)  voting  members
 23    appointed by the governor as follows:
 24        (a)  Eight (8) members from the following segments of the state's agricul-
 25        tural  industry  as nominated by a statewide private agricultural associa-
 26        tion or agricultural commodity commission formed  under  title  22,  Idaho
 27        Code:
 28             (i)   The tree fruit industry;
 29             (ii)  Potato growers;
 30             (iii) Grain growers;
 31             (iv)  Vegetable and seed growers;
 32             (v)   Sugarbeet, bean and alfalfa growers;
 33             (vi)  The nursery and landscape industry.
 34        Although  members  are  appointed from various segments of the agriculture
 35        industry, they are appointed to represent and advance the interests of the
 36        industry as a whole.
 37        (b)  One (1) member from each of the following:
 38             (i)   Food processors;
 39             (ii)  Agricultural chemical industry;
 40             (iii) Professional pesticide applicators.
 41        One (1) member shall be appointed for each such segment  of  the  industry
 42        and shall be nominated by a statewide, private association of that segment
                                                                        
                                           2
                                                                        
  1        of  the industry. The representative of the agricultural chemical industry
  2        shall be involved in the manufacture of agricultural crop protection prod-
  3        ucts.
  4        (c)  The following shall be ex officio, nonvoting members of  the  commis-
  5        sion:
  6             (i)   Coordinator of the interregional project number four at univer-
  7             sity of Idaho;
  8             (ii)  Director  of  the  department  of  environmental quality or the
  9             director's designee;
 10             (iii) Director of the department of  agriculture  or  the  director's
 11             designee;
 12             (iv)  Director of the department of labor or the director's designee;
 13             (v)   Director  of  the  department  of  health  and  welfare  or the
 14             director's designee.
 15        (2)  Each voting member of the commission shall serve a term of three  (3)
 16    years.  However, the first appointments in the first year shall be made by the
 17    governor for one (1), two (2) and three (3) year terms so that, in  subsequent
 18    years,  approximately one-third (1/3) of the voting members shall be appointed
 19    each year. The governor shall assign the initial one (1), two  (2)  and  three
 20    (3) year terms to members by lot. A vacancy shall be filled by appointment for
 21    the  unexpired term in the same manner provided for an appointment to the full
 22    term. No member of the commission may be removed by the governor during his or
 23    her term of office unless for cause of incapacity,  incompetence,  neglect  of
 24    duty,  or  malfeasance  in office. Each member of the commission shall receive
 25    travel expenses for attending meetings of the commission  and  for  performing
 26    special  duties,  in  the  way  of  official commission business, specifically
 27    assigned to the person by the commission. The voting members of the commission
 28    shall serve without compensation from the state other than travel expenses.
 29        (3)  Nominations for the initial appointments to the commission under sub-
 30    section (1) of this section shall be submitted by July 15, 2001. The  governor
 31    shall make initial appointments to the commission by August 15, 2001.
 32        (4)  The commission shall elect a chair from among its voting members each
 33    calendar year. After its original organizational meeting, the commission shall
 34    meet at the call of the chair. A majority of the voting members of the commis-
 35    sion  constitutes  a  quorum  and  an official action of the commission may be
 36    taken by a majority vote of the quorum.
                                                                        
 37        22-1802.  STATE APPROPRIATIONS -- RESTRICTIONS ON USE OF  STATE  MONEY  --
 38    COMMISSION  APPROVAL  REQUIRED.  (1)  This section applies to the use of state
 39    appropriations made to or legislatively intended for the commission on  pesti-
 40    cide management and to any other moneys appropriated by the state and received
 41    by the commission on pesticide management:
 42        (a)  The  moneys  may  not be expended without the express approval of the
 43        commission on pesticide management.
 44        (b)  The moneys may be used for:
 45             (i)   Evaluations, studies or investigations approved by the  commis-
 46             sion  on  pesticide management regarding the registration or reregis-
 47             tration of pesticides for minor crops or minor uses or regarding  the
 48             availability  of  pesticides  for  emergency uses. These evaluations,
 49             studies or investigations may be conducted by the Idaho food  quality
 50             assurance  laboratory  or may be secured by the commission from other
 51             qualified laboratories,  researchers,  or  contractors  by  contract,
 52             which contracts may include, but are not limited to, those purchasing
 53             the use of proprietary information;
 54             (ii)  Evaluations,  studies or investigations approved by the commis-
                                                                        
                                           3
                                                                        
  1             sion regarding research,  implementation  and  demonstration  of  any
  2             aspect of integrated pest management and pesticide resistance manage-
  3             ment programs;
  4             (iii) The tracking system described;
  5             (iv)  The  support  of the commission on pesticide management and its
  6             activities.
  7        (2)  The commission on pesticide management shall establish priorities  to
  8    guide  it in approving the use of moneys for evaluations, studies and investi-
  9    gations under this section.
                                                                        
 10        22-1803.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 11    all moneys received by the commission shall be deposited in one  (1)  or  more
 12    separate  accounts  in  the name of the commission in one (1) or more banks or
 13    trust companies approved under chapter 27, title  67,  Idaho  Code,  as  state
 14    depositories.  The  commission  shall designate such banks or trust companies.
 15    All funds so deposited are hereby continuously appropriated for the purpose of
 16    carrying out the provisions of  this  chapter.  Any  interest  earned  on  the
 17    investment of idle moneys in an account shall be returned to the account.
 18        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 19    or other orders upon such accounts signed by two (2)  officers  designated  by
 20    the commission.
 21        (3)  The right is reserved to the state of Idaho to audit the funds of the
 22    commission at any time.
 23        (4)  On  or before January 15 of each year, the commission shall file with
 24    the senate agricultural affairs committee, the house agricultural affairs com-
 25    mittee, the legislative services office, the state controller, and  the  divi-
 26    sion  of financial management, a report showing the annual income and expenses
 27    by standard classification of the commission during the preceding fiscal year.
 28    The report shall also include an estimate of income to the commission for  the
 29    current and next fiscal year and a projection of anticipated expenses by cate-
 30    gory  for  the  current  and next fiscal year. The report shall also include a
 31    reconciliation between the estimated income and  expenses  projected  and  the
 32    actual income and expenses of the preceding fiscal year.
 33        (5)  All  moneys  received  or expended by the commission shall be audited
 34    biennially by a certified public accountant designated by the commission,  who
 35    shall  furnish  a copy of such audit to the state controller and to the senate
 36    agricultural affairs committee and the house agricultural  affairs  committee.
 37    The  audit  shall  be completed within ninety (90) days following the close of
 38    the fiscal year.
 39        (6)  The expenditures of the commission are expressly  exempted  from  the
 40    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
 41        22-1804.  DUTIES. The commission on pesticide management shall:
 42        (1)  Provide  guidance  to  the  Idaho  food  quality assurance laboratory
 43    regarding the laboratory's studies, investigations and evaluations  concerning
 44    the registration of pesticides for use in this state for minor crops and minor
 45    uses and concerning the availability of pesticides for emergency use.
 46        (2)  Encourage  agricultural organizations to assist in providing funding,
 47    in-kind  services,  or  materials  for  the  Idaho  food   quality   assurance
 48    laboratory's  studies and investigations concerning the registration of pesti-
 49    cides and research, implementation and demonstration of any  aspect  of  inte-
 50    grated  pest management and pesticide resistance management programs for minor
 51    crops and minor uses that would benefit the organizations.
 52        (3)  Provide guidance to  the  Idaho  food  quality  assurance  laboratory
 53    regarding a program for:
                                                                        
                                           4
                                                                        
  1        (a)  Tracking  the  availability  of effective pesticides for minor crops,
  2        minor uses and emergency uses;
  3        (b)  Providing this information  to  organizations  of  agricultural  pro-
  4        ducers;
  5        (c)  Maintaining  close  contact  between the Idaho food quality assurance
  6        laboratory, the department of agriculture, and organizations  of  agricul-
  7        tural  producers  regarding the need for research to support the registra-
  8        tion of pesticides for minor crops and minor uses and the availability  of
  9        pesticides for emergency uses.
 10        (4)  Ensure that the activities of the commission and the Idaho food qual-
 11    ity  assurance laboratory are coordinated with the activities of other labora-
 12    tories in the pacific northwest, the United States department of  agriculture,
 13    and  the  United States environmental protection agency to maximize the effec-
 14    tiveness of regional efforts to assist in the registration of  pesticides  for
 15    minor crops and minor uses and in providing for the availability of pesticides
 16    for emergency uses for the region and the state.
 17        (5)  Ensure,  prior  to approving any residue study, that there is written
 18    confirmation of registrant support and willingness or ability to add the given
 19    minor crop to its label including any restrictions or  guidelines  the  regis-
 20    trant intends to impose.
                                                                        
 21        22-1805.  REPORT ON ACTIVITIES -- REVIEW BY LEGISLATURE. (1) By January 15
 22    of  each   year,  the  commission  shall file with the legislature a report on
 23    activities supported by the commission  for  the  previous  fiscal  year.  The
 24    report shall include identification of:
 25        (a)  The priorities that have been set by the commission;
 26        (b)  The state appropriations made to the commission;
 27        (c)  The  evaluations,  studies  and  investigations funded in whole or in
 28        part by such moneys and the registration and uses of pesticides made  pos-
 29        sible in large part by those evaluations, studies and investigations;
 30        (d)  The matching moneys, in-kind services and materials provided by agri-
 31        cultural organizations for those evaluations, studies and investigations;
 32        (e)  The  program or programs for tracking pesticide availability provided
 33        by the laboratory under the guidance of the commission and the means  used
 34        for providing this information to organizations of agricultural producers.
 35        (2)  During the regular session of the legislature the appropriate commit-
 36    tees  of the house of representatives and the senate shall evaluate the effec-
 37    tiveness of the commission in fulfilling its statutory responsibilities.
 38        (3)  The legislature shall conduct a five (5) year review of  the  program
 39    to determine the cost-effectiveness of the program as well as the future needs
 40    of the program and whether the program should be continued.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 10950
                                
The purpose of this legislation is to create a Pesticide
Management Commission in the State of Idaho.  The State of
Washington currently has such a commission that is funded at
$1,000,000 per year out of the general fund.  The original
funding was at $500,000 per year.  These funds will be used for
(1) evaluations, studies, or investigations regarding the
registration or re-registration of pesticides for minor crops or
minor uses or the availability of pesticides for emergency uses. 
The Idaho Food Quality Assurance Laboratory or other qualified
laboratories,  researchers or contractors may seek approval from
the commission for funds to accomplish studies; (2) evaluations,
studies, or investigations regarding research, implementation,
and demonstration of aspects related to integrated pest
management and pesticide management programs. 

The Commission shall: (1) provide guidance to the Idaho Quality
Assurance Laboratory regarding its studies, investigations, and
evaluations concerning pesticide registrations for minor crops
and emergency use; (2) encourage agricultural organizations to
assist in providing funding, in-kind services, or materials
dealing with pesticide registration or research; (3) provide
guidance to the laboratory: (a)in tracking pesticide availability
for minor crops, minor uses, and emergency uses; (b) provide
information to commodity organizations; (c) maintain close
working relationship between the laboratory, the Idaho State
Department of Agriculture, and commodity organizations. (4)
ensure a working relationship with other laboratories in the
Pacific Northwest; (5) ensure that there is a written
confirmation from the registrant for support and willingness or
ability to add a given minor crop to the label prior to
initiating a study.

This legislation would place Idaho agriculture in a more
competitive state in obtaining labels for minor crops, minor
uses, and emergency labels.  The IR-4 program, provide label
studies for minor crops, is not in a position to meet the needs
of all the minor crops produced in Idaho.


                        
                                
                                
                                
                         FISCAL IMPACT
                                
This legislation is requesting a continuing appropriation of
$350,000 annually from the general fund.  The legislation does
provide for an annual report to the legislature as well as a five
year review of the effectiveness and future needs of the program.


Contact:
Name:          Rich Garber, Idaho Minor Crop Alliance or
               Representative Bolz
Telephone:     888-0988 or 332-1226

STATEMENT OF PURPOSE/FISCAL NOTE                           H 171
nO.