2002 Legislation
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HOUSE BILL NO. 554 – Agricultural Bd created


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Daily Data Tracking History

H0554...............................................by AGRICULTURAL AFFAIRS
AGRICULTURAL BOARD - Adds to existing law to create a Board of Agriculture;
and to provide duties of the board.
02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to Agric Aff

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 554
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
  4        AGRICULTURE.
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Chapter 1, Title 22, Idaho Code,  be,  and  the  same  is
  7    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  8    ignated as Section 22-103A, Idaho Code, and to read as follows:
 11        (1)  (a) The  board  of agriculture shall consist of nine (9) members. The
 12        dean of the college of agriculture of the University of Idaho, shall  con-
 13        tinuously hold one (1) membership position on the board. In the discretion
 14        of  the  dean,  he  may  be  represented on the board by a designee of his
 15        choosing. The remaining eight (8) members of the board shall be  appointed
 16        by  the governor, with the advice and consent of the senate. The eight (8)
 17        appointed members shall serve at the pleasure of the governor. Each member
 18        of the board shall be a citizen of the United States, a  resident  of  the
 19        state  of Idaho, and a qualified elector, and shall be appointed to assure
 20        appropriate geographic representation of the state of Idaho. At least  two
 21        (2)  members  of the board shall be chosen with due regard to their knowl-
 22        edge and interest in livestock; at least two (2) members shall  be  chosen
 23        for  their knowledge and interest in field crop production; one (1) member
 24        shall be chosen for his knowledge and interest in specialty  crop  produc-
 25        tion;  one  (1)  member  shall be chosen for his knowledge and interest in
 26        agribusiness; and two (2) members shall be chosen from the general public.
 27        Provided, however, that no officer or employee of the department of  agri-
 28        culture shall be a voting member of the board of agriculture.
 29        (b)  The  eight (8) appointed members of the board of agriculture shall be
 30        appointed for a term of four (4) years. In appointing members whose  terms
 31        begin  in  2002,  the  governor  shall  designate  four  (4) members to be
 32        appointed for a term of three (3) years, two (2) members appointed  for  a
 33        term  of  four  (4) years, and two (2) members appointed for a term of two
 34        (2) years. Successors to the members appointed for a  term  of  less  than
 35        four (4) years shall be appointed for a term of four (4) years thereafter.
 36        (2)  The  director  of  the  department of agriculture shall act as a non-
 37    voting recording secretary of the board and shall keep the minutes of the pro-
 38    ceedings of the board. The board annually shall elect a chairman  and  a  vice
 39    chairman,  and  shall  meet a minimum of every sixty (60) days for the orderly
 40    conduct of its business. Meetings shall be held  on  seventy-two  (72)  hours'
 41    notice of the chairman or a majority of the members. Five (5) members shall be
 42    necessary  to  constitute  a  quorum at any regular or special meeting and the
 43    action of the majority of members present shall be the action  of  the  board.
  1    The  members  of  the  board  shall  be  compensated  as  provided  in section
  2    59-509(i), Idaho Code.
  3        (3)  In addition to all other authority and duties of  the  board  as  set
  4    forth pursuant to this section, the board:
  5        (a)  Must be informed on and interested in the entire field of legislation
  6        and administration charged to the department;
  7        (b)  Shall report to the governor and legislature on all matters which it
  8        deems relevant to the department, and concerning any specific matters pre-
  9        viously requested by the governor or legislature;
 10        (c)  Shall advise and make recommendations to the governor or the legisla-
 11        ture  relating to the policies of the state concerning livestock and agri-
 12        culture;
 13        (d)  Shall articulate the policy of the department; and
 14        (e)  Shall not have any powers, duties or functions concerning the day-to-
 15        day operations of the department of agriculture.
 16        (4)  The board, in furtherance of its duties,  shall  have  the  power  to
 17    administer  oaths,  certify  to  official acts, and to issue subpoenas for the
 18    attendance of witnesses and the production of papers, books,  accounts,  docu-
 19    ments and testimony. The board may, if a witness refuses to attend or testify,
 20    or  to  produce  any papers required by such subpoenas, report to the district
 21    court in and for the county in which the proceeding is pending,  by  petition,
 22    setting  forth  that due notice has been given of the time and place of atten-
 23    dance of said witnesses, or the production of said papers,  that  the  witness
 24    has  been  properly  summoned,  and that the witness has failed and refused to
 25    attend or produce the papers required by this subpoena before  the  board,  or
 26    has  refused  to answer questions propounded to him in the course of said pro-
 27    ceedings, and ask an order of said court compelling the witness to attend  and
 28    testify and produce said papers before the board. The court, upon the petition
 29    of  the board, shall enter an order directing the witness to appear before the
 30    court at a time and place to be fixed by the court in such order, the time  to
 31    be  not more than ten (10) days from the date of the order, and then and there
 32    shall show cause why he has not attended and testified or produced said papers
 33    before the board. A copy of said order shall be served upon said  witness.  If
 34    it  shall  appear  to the court that said subpoena was regularly issued by the
 35    board and regularly served, the court shall thereupon order that said  witness
 36    appear before the board at the time and place fixed in said order, and testify
 37    or  produce the required papers. Upon failure to obey said order, said witness
 38    shall be dealt with for contempt of court.
 39        (5)  The director, his designee, or any party to the  action  may,  in  an
 40    investigation  or hearing before the board, cause the deposition or interroga-
 41    tory of witnesses or parties residing within or without the state, to be taken
 42    in the manner prescribed by law for like depositions  and  interrogatories  in
 43    civil  actions in the district court of this state, and to that end may compel
 44    the attendance of said witnesses and production of  books,  documents,  papers
 45    and accounts.
 46        (6)  Any person aggrieved by an action or inaction of the department shall
 47    be afforded an opportunity for a fair hearing upon request therefor in writing
 48    pursuant to chapter 52, title 67, Idaho Code, and the rules promulgated there-
 49    under.  In  those cases where the board has been granted the authority to hold
 50    such a hearing pursuant to a provision of the Idaho Code, the hearing  may  be
 51    conducted  by the board at a regular or special meeting, or the board may des-
 52    ignate hearing officers, who shall have the power  and  authority  to  conduct
 53    hearings  in  the  name  of the board at any time and place. In any hearing, a
 54    member of the board or hearing officer designated by it, shall have the  power
 55    to  administer  oaths,  examine  witnesses, and issue in the name of the board
  1    subpoenas requiring the testimony of witnesses and the production of  evidence
  2    relevant to any matter in the hearing.
  3        (7)  Any  person adversely affected by a final determination of the board,
  4    may secure judicial review by filing a petition for review as prescribed under
  5    the provisions of chapter 52, title 67, Idaho Code. The  petition  for  review
  6    shall  be  served  upon the chairman of the board, the director of the depart-
  7    ment, and upon the attorney general of the state of Idaho. Such service  shall
  8    be  jurisdictional  and  the provisions of this section shall be the exclusive
  9    procedure for appeal.
 10        (8)  The board, by the affirmative vote of five (5) of  its  members,  may
 11    adopt, amend or repeal the rules, codes, and standards of the department, that
 12    are  necessary  and feasible in order to carry out the purposes and provisions
 13    of the laws of this state.
 14        The rules and orders so adopted and established shall have the  force  and
 15    effect  of  law  and  may  deal with any matters deemed necessary and feasible
 16    regarding agriculture in this state.
 17        (9)  All rulemaking proceedings and hearings of the board  shall  be  gov-
 18    erned by the provisions of chapter 52, title 67, Idaho Code.
 19        (10) The  board  shall adopt contested case rules that are consistent with
 20    the rules adopted by the attorney  general  under  section  67-5206(4),  Idaho
 21    Code,  the provisions of this act and other statutory authority of the depart-
 22    ment.
 23        (11) All rules, permits and other actions heretofore  adopted,  issued  or
 24    taken  by  the  department  of  agriculture pertaining to agricultural matters
 25    administered by the department of agriculture shall remain in full  force  and
 26    effect until superseded.
 27        (12) The board of agriculture shall be the successor to all rights, powers
 28    and  duties  of  the  department of agriculture and its director regarding all
 29    rulemaking proceedings, administrative  proceedings,  contested  cases,  civil
 30    actions,  contracts,  delegations,  authority  and other matters pertaining to
 31    agriculture administered by the department of agriculture.
 32        (13) Upon creation of the  board  of  agriculture,  all  pending  business
 33    before the department of agriculture relating to agricultural matters adminis-
 34    tered by the department shall be transferred to and determined by the board of
 35    agriculture.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 11824

This legislation would create a nine member Board of Agriculture
to advise and advocate for the department of Agriculture.  

Two members would represent field crop producers, two members
would represent livestock producers, one member would represent
specialty crop production, one member would represent agri-
business, and two members would represent consumers. The Dean of
the College of Agriculture would be a permanent member.  All
members would be appointed by the governor, except the Dean of
Agriculture, and confirmed by the Senate.  They would serve four
year staggered terms.  

The board would meet at least every 60 days.


Cost would be for eight members for six (6) meetings per year,
because the Dean has his own travel budget.

8 members x 6 meetings x $75/day =           $3600
8 members x 6 meetings x 300 miles@ c34.5=   $4968
8 members x 6 meetings x $100/day per diem=  $4800

Name: Representative Jones 
Phone: 332-1137