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S1005................................................by JUDICIARY AND RULES
AGRICULTURAL FOOD PRODUCTS - Amends existing law relating to disparagement
of agricultural food products to make a grammatical correction.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
01/29 Rpt out - rec d/p - to 2nd rdg
01/30 2nd rdg - to 3rd rdg
02/01 3rd rdg - PASSED - 30-0-4(1 seat vacant)
AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Goedde, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson,
Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler,
Whitworth, Williams,
NAYS -- None
Absent and excused -- Branch, Hawkins, Ingram, Risch
Vacant -- Dist.#4
Floor Sponsor - Lodge
Title apvd - to House
02/02 House intro - 1st rdg - to Jud
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 69-0-1
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone,
Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Crow
Floor Sponsor -- Field(13)
Title apvd - to Senate
02/16 To enrol
02/19 Rpt enrol - Pres signed
02/20 Sp signed
02/21 To Governor
02/22 Governor signed
Session Law Chapter 20
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1005
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DISPARAGEMENT OF AGRICULTURAL FOOD PRODUCTS; AMENDING SECTION
3 6-2002, IDAHO CODE, TO MAKE A GRAMMATICAL CORRECTION.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 6-2002, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 6-2002. DEFINITIONS. As used in this chapter:
8 (1) "Disparagement" means the publication to a third party of a false
9 factual statement; and
10 (a) The published statement is of and concerning the plaintiff's specific
11 perishable agricultural food product;
12 (b) The statement clearly imputes impugns the safety of the product;
13 (c) The defendant intended the publication to cause harm to the
14 plaintiff's pecuniary interest, or either recognized or reasonably should
15 have recognized that it was likely to do so;
16 (d) The defendant made the statement with actual malice, that is, he knew
17 that the statement was false or acted in reckless disregard of its truth
18 or falsity; and
19 (e) The statement does in fact cause the plaintiff pecuniary loss.
20 (2) "Perishable agricultural food product" means an agricultural product
21 as defined in section 22-2602, Idaho Code, intended for human consumption
22 which is sold or distributed in a form that will perish or decay beyond mar-
23 ketability within a period of time.
STATEMENT OF PURPOSE
RS1O581
This bill is one of a series of bills that the Supreme Court
has recommended in its annual report of "defects in the laws" to the
Governor as required under article V, section 25 of the Idaho
Constitution.
This bill corrects a grammatical error in section 6-2002, Idaho
Code, by substituting the word "impugns" in place of the word
"imputes".
Idaho Code 6-2002(1) defines the term "disparagement" in
relation to providing a statutory right of action for the wrongful
disparagement of perishable agricultural food products.
The pertinent part of 6-2002(1) defines "disparagement" as:
(1) the publication to a third party of a false factual
statement; and
* * *
(b) The statement clearly imputes the safety of the product;
The word "imputes", as used in this definition, appears to be a
grammatical error. The word "imputes" means to ascribe to another, to
attribute to a source or cause. The word "impugn," on the other hand,
means to oppose, challenge, or call into question, which is more
meaningful in the context of the statute which deals with preventing
a wrongful discredit of a product.
FISCAL NOTE
This bill will not have an impact on state or local funds.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
Statement of Purpose/Fiscal Note S 1005