2001 Legislation
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SENATE BILL NO. 1005 – Agriculture food products/tech corr


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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 / Fiscal Impact

                      STATEMENT OF PURPOSE

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

This bill corrects a grammatical error in section 6-2002, Idaho
Code, by substituting the word "impugns" in place of the word

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