2001 Legislation
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HOUSE BILL NO. 263 – Coalition, agric/rural comm/environ

HOUSE BILL NO. 263

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H0263aa.............................................by AGRICULTURAL AFFAIRS
COALITION FOR AGRICULTURE, RURAL COMMUNITIES AND ENVIRONMENT - Adds to
existing law to create the Idaho Coalition for Agriculture, Rural
Communities and the Environment; to provide a statement of purpose; to
define terms and provide goals; to provide for powers and duties of the
coalition; to provide for a board of directors and organization of the
board; to provide for use of funds for loan and grant projects; to provide
for eligible activities and a process for proposal submission and approval;
to provide for disposition of the funds; and to provide a sunset date.
                                                                        
02/15    House intro - 1st rdg - to printing
02/16    Rpt prt - to Agric Aff
03/01    Rpt out - to Gen Ord
03/02    Rpt out amen - to engros
03/05    Rpt engros - 1st rdg - to 2nd rdg as amen
03/06    2nd rdg - to 3rd rdg as amen
03/12    Ret'd 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. 263
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AGRICULTURE; AMENDING TITLE 22, IDAHO CODE, BY THE ADDITION  OF  A
  3        NEW  CHAPTER  51,  TITLE 22, IDAHO CODE, TO CREATE THE IDAHO COALITION FOR
  4        AGRICULTURE, RURAL COMMUNITIES AND THE ENVIRONMENT, TO PROVIDE A  PURPOSE,
  5        TO DEFINE TERMS, TO PROVIDE GOALS, TO PROVIDE FOR THE POWERS AND DUTIES OF
  6        THE COALITION, TO PROVIDE FOR A BOARD OF DIRECTORS, TO PROVIDE FOR ORGANI-
  7        ZATION  BY  THE  BOARD,  TO PROVIDE FOR A CHAIRMAN AND OTHER PERSONNEL, TO
  8        PROVIDE FOR BYLAWS AND RULES, TO PROVIDE THAT CERTAIN  POWERS  AND  DUTIES
  9        SHALL  BE  VESTED IN THE BOARD, TO PROVIDE FOR A QUORUM AND TO PROVIDE FOR
 10        AN EXECUTIVE DIRECTOR, OFFICERS AND EMPLOYEES, TO PROVIDE FOR A  FUND,  TO
 11        PROVIDE  FOR  USE  OF FUNDS FOR LOAN AND GRANT PROJECTS AND TO PROVIDE FOR
 12        ELIGIBLE ACTIVITIES, TO PROVIDE A  PROCESS  FOR  PROPOSAL  SUBMISSION  AND
 13        APPROVAL AND TO PROVIDE FOR THE DISPOSITION OF FUNDS.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION  1.  That Title 22, Idaho Code, be, and the same is hereby amended
 16    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 17    ter 51, Title 22, Idaho Code, and to read as follows:
                                                                        
 18                                      CHAPTER 51
 19                  IDAHO COALITION FOR AGRICULTURE, RURAL COMMUNITIES
 20                                 AND THE ENVIRONMENT
                                                                        
 21        22-5101.  CREATION  OF  COALITION.  There is hereby established within the
 22    state of Idaho, an independent public body corporate and politic to  be  known
 23    as  the  "Idaho  Coalition for Agriculture, Rural Communities and the Environ-
 24    ment" which shall also be known as "ICARE" and which shall perform  the  func-
 25    tions and exercise the powers delegated to it and in furtherance of the public
 26    policies and purposes declared in this chapter. The coalition is an instrumen-
 27    tality  of  the state within the state board of education and board of regents
 28    of the university of Idaho, through the college  of  agriculture,  but  has  a
 29    legal  existence  independent  of  and separate from the state with continuing
 30    succession until its existence is terminated by law.
                                                                        
 31        22-5102.  PURPOSE. The legislature finds that the  state  of  Idaho  is  a
 32    prime  choice for agricultural production as a result of the highly productive
 33    soil, excellent climate, readily available water  supply,  strong  infrastruc-
 34    ture,  highly  skilled  farmers and land resources. Agriculture is an industry
 35    with the greatest potential for individual initiative. Many of Idaho's  commu-
 36    nities  are  dependent upon agriculture as a major source of income and at the
 37    same time agriculture is dependent upon having the infrastructure provided  by
 38    these rural communities. Despite economic success and the importance to Idaho,
 39    Idaho  agriculture  is  at a crossroads. Low commodity prices, high oil prices
 40    and other costs,  as well as urban sprawl and environmental  regulations  have
 41    had  a significant impact on agriculture in the state. Many of Idaho's farmers
                                                                        
                                           2
                                                                        
  1    and rural communities are experiencing significant economic stress.
  2        The legislature declares that a timely investment in Idaho agriculture can
  3    assure that entrepreneurial spirit is rekindled to develop a  highly  competi-
  4    tive  agricultural and food system with strong rural communities. Agricultural
  5    producers and processors must quickly access and manage  the  latest  informa-
  6    tion,  apply  new  production  and  marketing technology and provide visionary
  7    leadership. All Idaho communities need strong financial  institutions,  strong
  8    support  industries,  access  to  education,  health  care, and childcare, and
  9    strong governmental and local leadership.  The  legislature  further  declares
 10    that  it  is in the public interest to bring together representatives of agri-
 11    culture, youth and family, environmental, rural  and  consumer  organizations,
 12    governmental agencies and universities in a nonprofit organization and to pro-
 13    vide  for a continuously renewable resource through funding to ICARE from pri-
 14    vate and/or public moneys to assist in meeting the public  policies  and  pur-
 15    poses declared in this chapter.
                                                                        
 16        22-5103.  DEFINITIONS. In this chapter:
 17        (1)  "Board"  means the official nine (9) member board of directors of the
 18    Idaho coalition for agriculture, rural communities and the environment;
 19        (2)  "Coalition" means the Idaho coalition for agriculture, rural communi-
 20    ties and the environment, also known as ICARE.
                                                                        
 21        22-5104.  GOALS. ICARE goals include the following:
 22        (1)  To increase private and state partnerships;
 23        (2)  To provide those that benefit from coalition programs and initiatives
 24    input, oversight, and coordination for existing and future programs;
 25        (3)  To provide accountability to Idaho citizens for their investment  and
 26    to foster public confidence in the food and agricultural system;
 27        (4)  To  identify  and prioritize areas of need and support for public and
 28    private investment in agricultural programs;
 29        (5)  To provide flexibility for the university of Idaho college  of  agri-
 30    culture,  the  Idaho state department of agriculture and the food and agricul-
 31    tural system to respond to existing and future needs;
 32        (6)  To provide a mechanism to receive future funding.
                                                                        
 33        22-5105.  POWERS AND DUTIES OF THE COALITION. The  coalition  shall  have,
 34    but is not limited to, the following powers and duties:
 35        (1)  To  appoint  and employ, and at its pleasure discharge, all necessary
 36    agents, employees and professional personnel and other personnel and  to  pre-
 37    scribe their duties and fix their compensation;
 38        (2)  To  establish  procedures  for applications for grants of funding and
 39    for loans from the coalition;
 40        (3)  To review applications for grants and for loans;
 41        (4)  To grant available funding to qualifying public and private  institu-
 42    tions, organizations and agencies;
 43        (5)  To  make and undertake commitments to make or participate in the mak-
 44    ing of loans to qualifying public and private institutions, organizations  and
 45    agencies.
 46        (6)  To  cooperate  with  any  local,  state  or  national organization or
 47    agency, whether voluntary or created by the law of any state,  or  the  United
 48    States,  engaged in work or activity similar to the work and activities of the
 49    coalition;
 50        (7)  To keep accurate record of all its dealings, which shall be  open  to
 51    inspection by the state controller;
 52        (8)  To sue and be sued;
                                                                        
                                           3
                                                                        
  1        (9)  To make and execute contracts and other instruments necessary or con-
  2    venient to the exercise of the powers of the coalition;
  3        (10) Through the state board of education and board of regents of the uni-
  4    versity  of Idaho, to make and from time to time alter, rescind, modify and/or
  5    amend and to publish all proper and necessary rules in compliance with chapter
  6    52, title 67, Idaho Code, for the exercise of its powers  and  performance  of
  7    its duties pursuant to this chapter; and
  8        (11) To appoint standing committees and working groups.
                                                                        
  9        22-5106.  BOARD OF DIRECTORS. (1) The board of directors of ICARE shall be
 10    comprised of nine (9) voting members, to be determined as follows:
 11        (a)  Six  (6)  of  the members shall be elected to terms by the coalition.
 12        However, in the first year, these six (6) members shall  be  appointed  by
 13        the  governor for one (1), two (2), and three (3) year terms so that, over
 14        the next three (3) year period, one-third (1/3) of these six (6)   members
 15        shall  be  elected  by the coalition each year.  The governor shall assign
 16        the initial one (1), two (2) and three (3) year terms to the six (6)  mem-
 17        bers by lot;
 18        (b)  Two  (2) of the members shall be members of the Idaho house of repre-
 19        sentatives, one (1) from the majority party and one (1) from the  minority
 20        party, appointed to the board by the legislative council; and
 21        (c)  One  (1)  member,  who is not a legislator, shall be appointed to the
 22        board by the governor.
 23        (2)  In addition to the nine (9) member voting board, there shall be three
 24    (3) ex officio, nonvoting members of the board comprised of the  ICARE  execu-
 25    tive  director,  the  director of the Idaho state department of agriculture or
 26    the director's designee and the dean of the  college  of  agriculture  or  the
 27    dean's designee.
 28        (3)  Members of the ICARE board not otherwise compensated by public moneys
 29    shall be compensated as provided in section 59-509(b), Idaho Code, for attend-
 30    ing  meetings of the board or for performing duties prescribed by this chapter
 31    and approved by the board.
 32        (4)  Terms for board members, unless otherwise provided for by  this  sec-
 33    tion,  shall  be  established  by  the board. A board member shall hold office
 34    until his successor has been appointed and qualifies.  A  certificate  of  the
 35    appointment  or reappointment of any board member shall be filed in the office
 36    of the secretary of state and in the office of the coalition, and such certif-
 37    icate shall be conclusive evidence of the due and proper appointment  of  such
 38    board member.
                                                                        
 39        22-5107.  ORGANIZATION -- CHAIRMAN -- OTHER PERSONNEL. As soon as possible
 40    after their appointment, the board shall organize for the transaction of busi-
 41    ness which shall include the following:
 42        (1)  The  members of the ICARE board shall, at their first regular meeting
 43    and every two (2) years thereafter, elect by majority vote:
 44        (a)  A chairman who shall preside at the meetings of the board;
 45        (b)  A secretary who shall take and maintain the minutes of  the  proceed-
 46        ings of the board; and
 47        (c)  A  treasurer  who  shall  be responsible for overseeing the financial
 48        activities of the board.
 49        (2)  The board shall make, and from time to time amend and repeal,  bylaws
 50    and  rules,  not  inconsistent  with  this chapter, suitable to the purpose of
 51    organizing the coalition and conducting the business thereof.
 52        (3)  The powers and duties of the coalition shall be vested in  the  board
 53    of directors.
                                                                        
                                           4
                                                                        
  1        (4)  A  majority  of the members of the board then in office shall consti-
  2    tute a quorum for the purpose of conducting its business  and  exercising  its
  3    powers  and  for all other purposes. The affirmative vote of a majority of the
  4    board of directors present at any meeting, at which there is a quorum present,
  5    shall be necessary for any action taken by the coalition. The board  may  hold
  6    any  of  its meetings by telephone or video facilities. No vacancy in the mem-
  7    bership of the coalition shall impair the right of a quorum  to  exercise  all
  8    the rights and perform all the duties of the coalition.
  9        (5)  The board shall appoint an executive director, who shall serve at the
 10    pleasure  of  the coalition, and such other officers and employees as they may
 11    require for the performance of their duties and shall prescribe the duties and
 12    compensation of each officer and employee.
                                                                        
 13        22-5108.  CREATION OF IDAHO COALITION FOR AGRICULTURE,  RURAL  COMMUNITIES
 14    AND THE ENVIRONMENT FUND. There is hereby created and established in the state
 15    treasury  a  fund  to  be known as the "Idaho Coalition for Agriculture, Rural
 16    Communities and the Environment Fund," which shall consist of  such  funds  as
 17    may  be appropriated to the coalition by the legislature, grants, donations or
 18    moneys from other sources, both public and private. The fund shall be adminis-
 19    tered by ICARE and shall be used to assist in meeting the public policies  and
 20    purposes  declared  in  this  chapter.  Moneys  in the fund may be expended as
 21    authorized by the board pursuant to the provisions of this chapter. Any inter-
 22    est earned on the investment of idle moneys in the fund shall be  returned  to
 23    the fund.
                                                                        
 24        22-5109.  USE  OF  FUNDS  FOR LOANS AND GRANT PROJECTS -- ELIGIBLE ACTIVI-
 25    TIES. (1) The coalition shall have the power and authority, but shall  not  be
 26    required,  to  grant moneys and to loan moneys pursuant to policies and proce-
 27    dures set forth in this chapter and as established by the board.
 28        (2)  Strategic investment grants (SIG) will be made available in the  fol-
 29    lowing areas as determined by the board:
 30        (a)  Grants  to  support  the  development  or implementation of marketing
 31        plans for agricultural products or  byproducts,  or  venture  capital  for
 32        development  of  new  agricultural  products  or processes with commercial
 33        application;
 34        (b)  Grants to support applied research and outreach/educational programs.
                                                                        
 35        22-5110.  PROPOSAL SUBMISSION AND APPROVAL PROCESS. (1)  Proposal  submis-
 36    sion  by grant and loan applicants and review of applications by the coalition
 37    shall be conducted according to the following:
 38        (a)  Guidelines and criteria will be developed by standing committees  and
 39        approved by the board;
 40        (b)  Priorities  will  be  developed  by  working groups for each area and
 41        approved by the board;
 42        (c)  Request for proposals (RFPs) will be developed and advertised by  the
 43        board;
 44        (d)  Proposals  will  be  accepted  from  public and private institutions,
 45        organizations and agencies;
 46        (e)  Proposals will be reviewed by  working  groups  as  assigned  by  the
 47        board,  subjected to peer review as determined by the board, and ranked on
 48        review and available funding;
 49        (f)  Ranked proposals will be submitted to committees for review as deter-
 50        mined by the board;
 51        (g)  Grants and loans will be approved as determined by the board.
 52        (2)  All grants shall be subjected to peer review pursuant to policies and
                                                                        
                                           5
                                                                        
  1    procedures as established by the board.
  2        (3)  The university of Idaho  college  of  agriculture  will  oversee  the
  3    review of research/education grant proposals.
  4        (4)  The  Idaho state department of agriculture will oversee the review of
  5    marketing/development grant proposals.
                                                                        
  6        22-5111.  DISPOSITION OF FUNDS. (1) On or before January 1 of each year, a
  7    grant or loan recipient shall submit to the coalition written documentation of
  8    how the recipient spent or otherwise used the funds.
  9        (2)  On or before June 30 of each year, the coalition shall submit to  the
 10    governor and the legislature a written report that includes:
 11        (a)  The number of grants and loans made during the fiscal year;
 12        (b)  The names of the recipients of the grants and the names of the recip-
 13        ients of loans;
 14        (c)  The specific purpose of each grant awarded and each loan made; and
 15        (d)  Documentation  of  how the grant or loan recipient spent or otherwise
 16        used the funds.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Stevenson           
                                                                        
                                                     Seconded by Lake                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 263
                                                                        
                                                                        
                                                                        
                                                                        
  1                                AMENDMENT TO THE BILL
  2        On page 5 of the printed bill, following line 16, insert:
  3        "SECTION 2.  The provisions of Section 1 of this act shall be  null,  void
  4    and of no force and effect on and after July 1, 2006.".
                                                                        
  5                                 CORRECTION TO TITLE
  6        On page 1, in line 13, following "FUNDS" insert: "; AND PROVIDING A SUNSET
  7    CLAUSE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 263, As Amended
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AGRICULTURE; AMENDING TITLE 22, IDAHO CODE, BY THE ADDITION  OF  A
  3        NEW  CHAPTER  51,  TITLE 22, IDAHO CODE, TO CREATE THE IDAHO COALITION FOR
  4        AGRICULTURE, RURAL COMMUNITIES AND THE ENVIRONMENT, TO PROVIDE A  PURPOSE,
  5        TO DEFINE TERMS, TO PROVIDE GOALS, TO PROVIDE FOR THE POWERS AND DUTIES OF
  6        THE COALITION, TO PROVIDE FOR A BOARD OF DIRECTORS, TO PROVIDE FOR ORGANI-
  7        ZATION  BY  THE  BOARD,  TO PROVIDE FOR A CHAIRMAN AND OTHER PERSONNEL, TO
  8        PROVIDE FOR BYLAWS AND RULES, TO PROVIDE THAT CERTAIN  POWERS  AND  DUTIES
  9        SHALL  BE  VESTED IN THE BOARD, TO PROVIDE FOR A QUORUM AND TO PROVIDE FOR
 10        AN EXECUTIVE DIRECTOR, OFFICERS AND EMPLOYEES, TO PROVIDE FOR A  FUND,  TO
 11        PROVIDE  FOR  USE  OF FUNDS FOR LOAN AND GRANT PROJECTS AND TO PROVIDE FOR
 12        ELIGIBLE ACTIVITIES, TO PROVIDE A  PROCESS  FOR  PROPOSAL  SUBMISSION  AND
 13        APPROVAL AND TO PROVIDE FOR THE DISPOSITION OF FUNDS; AND PROVIDING A SUN-
 14        SET CLAUSE.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  That Title 22, Idaho Code, be, and the same is hereby amended
 17    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 18    ter 51, Title 22, Idaho Code, and to read as follows:
                                                                        
 19                                      CHAPTER 51
 20                  IDAHO COALITION FOR AGRICULTURE, RURAL COMMUNITIES
 21                                 AND THE ENVIRONMENT
                                                                        
 22        22-5101.  CREATION  OF  COALITION.  There is hereby established within the
 23    state of Idaho, an independent public body corporate and politic to  be  known
 24    as  the  "Idaho  Coalition for Agriculture, Rural Communities and the Environ-
 25    ment" which shall also be known as "ICARE" and which shall perform  the  func-
 26    tions and exercise the powers delegated to it and in furtherance of the public
 27    policies and purposes declared in this chapter. The coalition is an instrumen-
 28    tality  of  the state within the state board of education and board of regents
 29    of the university of Idaho, through the college  of  agriculture,  but  has  a
 30    legal  existence  independent  of  and separate from the state with continuing
 31    succession until its existence is terminated by law.
                                                                        
 32        22-5102.  PURPOSE. The legislature finds that the  state  of  Idaho  is  a
 33    prime  choice for agricultural production as a result of the highly productive
 34    soil, excellent climate, readily available water  supply,  strong  infrastruc-
 35    ture,  highly  skilled  farmers and land resources. Agriculture is an industry
 36    with the greatest potential for individual initiative. Many of Idaho's  commu-
 37    nities  are  dependent upon agriculture as a major source of income and at the
 38    same time agriculture is dependent upon having the infrastructure provided  by
 39    these rural communities. Despite economic success and the importance to Idaho,
 40    Idaho  agriculture  is  at a crossroads. Low commodity prices, high oil prices
 41    and other costs,  as well as urban sprawl and environmental  regulations  have
                                                                        
                                           2
                                                                        
  1    had  a significant impact on agriculture in the state. Many of Idaho's farmers
  2    and rural communities are experiencing significant economic stress.
  3        The legislature declares that a timely investment in Idaho agriculture can
  4    assure that entrepreneurial spirit is rekindled to develop a  highly  competi-
  5    tive  agricultural and food system with strong rural communities. Agricultural
  6    producers and processors must quickly access and manage  the  latest  informa-
  7    tion,  apply  new  production  and  marketing technology and provide visionary
  8    leadership. All Idaho communities need strong financial  institutions,  strong
  9    support  industries,  access  to  education,  health  care, and childcare, and
 10    strong governmental and local leadership.  The  legislature  further  declares
 11    that  it  is in the public interest to bring together representatives of agri-
 12    culture, youth and family, environmental, rural  and  consumer  organizations,
 13    governmental agencies and universities in a nonprofit organization and to pro-
 14    vide  for a continuously renewable resource through funding to ICARE from pri-
 15    vate and/or public moneys to assist in meeting the public  policies  and  pur-
 16    poses declared in this chapter.
                                                                        
 17        22-5103.  DEFINITIONS. In this chapter:
 18        (1)  "Board"  means the official nine (9) member board of directors of the
 19    Idaho coalition for agriculture, rural communities and the environment;
 20        (2)  "Coalition" means the Idaho coalition for agriculture, rural communi-
 21    ties and the environment, also known as ICARE.
                                                                        
 22        22-5104.  GOALS. ICARE goals include the following:
 23        (1)  To increase private and state partnerships;
 24        (2)  To provide those that benefit from coalition programs and initiatives
 25    input, oversight, and coordination for existing and future programs;
 26        (3)  To provide accountability to Idaho citizens for their investment  and
 27    to foster public confidence in the food and agricultural system;
 28        (4)  To  identify  and prioritize areas of need and support for public and
 29    private investment in agricultural programs;
 30        (5)  To provide flexibility for the university of Idaho college  of  agri-
 31    culture,  the  Idaho state department of agriculture and the food and agricul-
 32    tural system to respond to existing and future needs;
 33        (6)  To provide a mechanism to receive future funding.
                                                                        
 34        22-5105.  POWERS AND DUTIES OF THE COALITION. The  coalition  shall  have,
 35    but is not limited to, the following powers and duties:
 36        (1)  To  appoint  and employ, and at its pleasure discharge, all necessary
 37    agents, employees and professional personnel and other personnel and  to  pre-
 38    scribe their duties and fix their compensation;
 39        (2)  To  establish  procedures  for applications for grants of funding and
 40    for loans from the coalition;
 41        (3)  To review applications for grants and for loans;
 42        (4)  To grant available funding to qualifying public and private  institu-
 43    tions, organizations and agencies;
 44        (5)  To  make and undertake commitments to make or participate in the mak-
 45    ing of loans to qualifying public and private institutions, organizations  and
 46    agencies.
 47        (6)  To  cooperate  with  any  local,  state  or  national organization or
 48    agency, whether voluntary or created by the law of any state,  or  the  United
 49    States,  engaged in work or activity similar to the work and activities of the
 50    coalition;
 51        (7)  To keep accurate record of all its dealings, which shall be  open  to
 52    inspection by the state controller;
                                                                        
                                           3
                                                                        
  1        (8)  To sue and be sued;
  2        (9)  To make and execute contracts and other instruments necessary or con-
  3    venient to the exercise of the powers of the coalition;
  4        (10) Through the state board of education and board of regents of the uni-
  5    versity  of Idaho, to make and from time to time alter, rescind, modify and/or
  6    amend and to publish all proper and necessary rules in compliance with chapter
  7    52, title 67, Idaho Code, for the exercise of its powers  and  performance  of
  8    its duties pursuant to this chapter; and
  9        (11) To appoint standing committees and working groups.
                                                                        
 10        22-5106.  BOARD OF DIRECTORS. (1) The board of directors of ICARE shall be
 11    comprised of nine (9) voting members, to be determined as follows:
 12        (a)  Six  (6)  of  the members shall be elected to terms by the coalition.
 13        However, in the first year, these six (6) members shall  be  appointed  by
 14        the  governor for one (1), two (2), and three (3) year terms so that, over
 15        the next three (3) year period, one-third (1/3) of these six (6)   members
 16        shall  be  elected  by the coalition each year.  The governor shall assign
 17        the initial one (1), two (2) and three (3) year terms to the six (6)  mem-
 18        bers by lot;
 19        (b)  Two  (2) of the members shall be members of the Idaho house of repre-
 20        sentatives, one (1) from the majority party and one (1) from the  minority
 21        party, appointed to the board by the legislative council; and
 22        (c)  One  (1)  member,  who is not a legislator, shall be appointed to the
 23        board by the governor.
 24        (2)  In addition to the nine (9) member voting board, there shall be three
 25    (3) ex officio, nonvoting members of the board comprised of the  ICARE  execu-
 26    tive  director,  the  director of the Idaho state department of agriculture or
 27    the director's designee and the dean of the  college  of  agriculture  or  the
 28    dean's designee.
 29        (3)  Members of the ICARE board not otherwise compensated by public moneys
 30    shall be compensated as provided in section 59-509(b), Idaho Code, for attend-
 31    ing  meetings of the board or for performing duties prescribed by this chapter
 32    and approved by the board.
 33        (4)  Terms for board members, unless otherwise provided for by  this  sec-
 34    tion,  shall  be  established  by  the board. A board member shall hold office
 35    until his successor has been appointed and qualifies.  A  certificate  of  the
 36    appointment  or reappointment of any board member shall be filed in the office
 37    of the secretary of state and in the office of the coalition, and such certif-
 38    icate shall be conclusive evidence of the due and proper appointment  of  such
 39    board member.
                                                                        
 40        22-5107.  ORGANIZATION -- CHAIRMAN -- OTHER PERSONNEL. As soon as possible
 41    after their appointment, the board shall organize for the transaction of busi-
 42    ness which shall include the following:
 43        (1)  The  members of the ICARE board shall, at their first regular meeting
 44    and every two (2) years thereafter, elect by majority vote:
 45        (a)  A chairman who shall preside at the meetings of the board;
 46        (b)  A secretary who shall take and maintain the minutes of  the  proceed-
 47        ings of the board; and
 48        (c)  A  treasurer  who  shall  be responsible for overseeing the financial
 49        activities of the board.
 50        (2)  The board shall make, and from time to time amend and repeal,  bylaws
 51    and  rules,  not  inconsistent  with  this chapter, suitable to the purpose of
 52    organizing the coalition and conducting the business thereof.
 53        (3)  The powers and duties of the coalition shall be vested in  the  board
                                                                        
                                           4
                                                                        
  1    of directors.
  2        (4)  A  majority  of the members of the board then in office shall consti-
  3    tute a quorum for the purpose of conducting its business  and  exercising  its
  4    powers  and  for all other purposes. The affirmative vote of a majority of the
  5    board of directors present at any meeting, at which there is a quorum present,
  6    shall be necessary for any action taken by the coalition. The board  may  hold
  7    any  of  its meetings by telephone or video facilities. No vacancy in the mem-
  8    bership of the coalition shall impair the right of a quorum  to  exercise  all
  9    the rights and perform all the duties of the coalition.
 10        (5)  The board shall appoint an executive director, who shall serve at the
 11    pleasure  of  the coalition, and such other officers and employees as they may
 12    require for the performance of their duties and shall prescribe the duties and
 13    compensation of each officer and employee.
                                                                        
 14        22-5108.  CREATION OF IDAHO COALITION FOR AGRICULTURE,  RURAL  COMMUNITIES
 15    AND THE ENVIRONMENT FUND. There is hereby created and established in the state
 16    treasury  a  fund  to  be known as the "Idaho Coalition for Agriculture, Rural
 17    Communities and the Environment Fund," which shall consist of  such  funds  as
 18    may  be appropriated to the coalition by the legislature, grants, donations or
 19    moneys from other sources, both public and private. The fund shall be adminis-
 20    tered by ICARE and shall be used to assist in meeting the public policies  and
 21    purposes  declared  in  this  chapter.  Moneys  in the fund may be expended as
 22    authorized by the board pursuant to the provisions of this chapter. Any inter-
 23    est earned on the investment of idle moneys in the fund shall be  returned  to
 24    the fund.
                                                                        
 25        22-5109.  USE  OF  FUNDS  FOR LOANS AND GRANT PROJECTS -- ELIGIBLE ACTIVI-
 26    TIES. (1) The coalition shall have the power and authority, but shall  not  be
 27    required,  to  grant moneys and to loan moneys pursuant to policies and proce-
 28    dures set forth in this chapter and as established by the board.
 29        (2)  Strategic investment grants (SIG) will be made available in the  fol-
 30    lowing areas as determined by the board:
 31        (a)  Grants  to  support  the  development  or implementation of marketing
 32        plans for agricultural products or  byproducts,  or  venture  capital  for
 33        development  of  new  agricultural  products  or processes with commercial
 34        application;
 35        (b)  Grants to support applied research and outreach/educational programs.
                                                                        
 36        22-5110.  PROPOSAL SUBMISSION AND APPROVAL PROCESS. (1)  Proposal  submis-
 37    sion  by grant and loan applicants and review of applications by the coalition
 38    shall be conducted according to the following:
 39        (a)  Guidelines and criteria will be developed by standing committees  and
 40        approved by the board;
 41        (b)  Priorities  will  be  developed  by  working groups for each area and
 42        approved by the board;
 43        (c)  Request for proposals (RFPs) will be developed and advertised by  the
 44        board;
 45        (d)  Proposals  will  be  accepted  from  public and private institutions,
 46        organizations and agencies;
 47        (e)  Proposals will be reviewed by  working  groups  as  assigned  by  the
 48        board,  subjected to peer review as determined by the board, and ranked on
 49        review and available funding;
 50        (f)  Ranked proposals will be submitted to committees for review as deter-
 51        mined by the board;
 52        (g)  Grants and loans will be approved as determined by the board.
                                                                        
                                           5
                                                                        
  1        (2)  All grants shall be subjected to peer review pursuant to policies and
  2    procedures as established by the board.
  3        (3)  The university of Idaho  college  of  agriculture  will  oversee  the
  4    review of research/education grant proposals.
  5        (4)  The  Idaho state department of agriculture will oversee the review of
  6    marketing/development grant proposals.
                                                                        
  7        22-5111.  DISPOSITION OF FUNDS. (1) On or before January 1 of each year, a
  8    grant or loan recipient shall submit to the coalition written documentation of
  9    how the recipient spent or otherwise used the funds.
 10        (2)  On or before June 30 of each year, the coalition shall submit to  the
 11    governor and the legislature a written report that includes:
 12        (a)  The number of grants and loans made during the fiscal year;
 13        (b)  The names of the recipients of the grants and the names of the recip-
 14        ients of loans;
 15        (c)  The specific purpose of each grant awarded and each loan made; and
 16        (d)  Documentation  of  how the grant or loan recipient spent or otherwise
 17        used the funds.
                                                                        
 18        SECTION 2.  The provisions of Section 1 of this act shall  be  null,  void
 19    and of no force and effect on and after July 1, 2006.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS 11113
                                
The purpose of this legislation is to create an independent public
body corporate and politic to be known as the "Idaho Coalition for
Agriculture, Rural Communities and the Environment" which will be
known as ICARE. Although there are many things beyond the control of
Idaho in agriculture, there are things that the state can do to assure
a positive future. The creation of(ICARE) will be a tremendous step to
insure agriculture s future in Idaho.

The creation of ICARE will set in motion the opportunity for rural
communities to address youth and family needs through research and
education grants. Farmers and ranchers will have the opportunity to
address research needs, react to new markets and develop value-added
business through a strategic grant program administered by ICARE.

ICARE is an investment by the state of Idaho in its rural communities.
At more than 18% of the state gross product, rural Idaho continue to
fuel Idaho s economy. ICARE offers to return some of the investment
rural Idaho has made in the state and help build a stronger Idaho.
                                 
                          FISCAL IMPACT
                                
This legislation has no financial, however it will require an
appropriation from the legislature to fund the program once ICARE is
created.

Contact
     Name: Wayne Thiesen, Co-Chairman - Ag Initiative 2001
     Phone:     888 0988



STATEMENT OF PURPOSE/FISCAL NOTE                          H 26