2002 Legislation
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HOUSE BILL NO. 556 – Pesticide management comm created

HOUSE BILL NO. 556

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Daily Data Tracking History



H0556...............................................by AGRICULTURAL AFFAIRS
PESTICIDE MANAGEMENT COMMISSION - Adds to existing law to provide for a
Commission on Pesticide Management; to provide for the use of
appropriations; to provide for restrictions on the use of state moneys; to
provide for the commission's approval of the use of the moneys; to provide
for the deposit and disbursement of funds; to provide for the audit of
funds; to provide for annual reports; to provide for biennial audits and
reports; and to provide an exemption from the Standard Travel Pay and
Allowance Act for commission expenditures.
                                                                        
02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to Agric Aff
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 67-1-2
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(20), Gagner,
      Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
      Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Martinez, Meyer, Montgomery, Mortensen, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson,
      Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- McKague
      Absent and excused -- Callister, Field(13)
    Floor Sponsor - Bolz
    Title apvd - to Senate
02/26    Senate intro - 1st rdg - to Agric Aff
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 33-1-1
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Geddes,
      Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge,
      Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- Hawkins
      Absent and excused -- Frasure
    Floor Sponsor - Branch(Bartlett)
    Title apvd - to House
03/13    To enrol
03/14    Rpt enrol - Sp signed - Pres signed
03/14    To Governor
03/20    Governor signed
         Session Law Chapter 112
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 556
                                                                        
                             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 AND TO PROVIDE FOR AN
 12        ANNUAL REPORT TO THE LEGISLATURE.
                                                                        
 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 -- COMPOSITION
 20    -- DURATION OF MEMBERSHIP -- COMPENSATION -- POWERS AND DUTIES. (1)  A commis-
 21    sion on pesticide management, hereinafter referred to in this chapter as  "the
 22    commission,"  is  established. The commission shall be composed of eleven (11)
 23    voting members 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 (IR-4)  at
  7             the University 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 may 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, 2002. The  governor
 31    shall make initial appointments to the commission by August 15, 2002.
 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 or by a consensus of four (4) members of the
 35    commission. A majority of the voting members of the commission  constitutes  a
 36    quorum  and  an  official  action of the commission may be taken by a majority
 37    vote of the quorum.
 38        (5)  The powers and duties of the commission shall include the following:
 39        (a)  To contract in the name of the commission and be contracted with;
 40        (b)  To employ and at pleasure discharge  a  research  director,  research
 41        staff,  a  secretary,  advertising  manager,  advertising  agents, agents,
 42        attorneys, and such clerical and other help as it deems necessary  and  to
 43        control their powers and duties and to fix their compensation;
 44        (c)  To keep books, records and accounts of all its dealings, which books,
 45        records and accounts of all its dealing shall be open to inspection by the
 46        state controller at all times;
 47        (d)  To  purchase or authorize the purchase of all office equipment and/or
 48        supplies and incur all other reasonable and necessary expenses and obliga-
 49        tions in connection with and required for the proper carrying out  of  the
 50        provisions of this chapter.
                                                                        
 51        22-1802.  STATE  APPROPRIATIONS  --  RESTRICTIONS ON USE OF STATE MONEY --
 52    COMMISSION APPROVAL REQUIRED. (1) This section applies to  the  use  of  state
 53    appropriations  made to or legislatively intended for the commission on pesti-
 54    cide management and to any other moneys appropriated by the state and received
                                                                        
                                           3
                                                                        
  1    by the commission on pesticide management:
  2        (a)  The moneys may not be expended without the express  approval  of  the
  3        commission on pesticide management.
  4        (b)  The moneys may be used for:
  5             (i)   Evaluations,  studies or investigations approved by the commis-
  6             sion on pesticide management regarding the registration  or  reregis-
  7             tration  of pesticides for minor crops or minor uses or regarding the
  8             availability of pesticides for  emergency  uses.  These  evaluations,
  9             studies  or investigations may be conducted by any laboratory secured
 10             by the commission, researchers, or  contractors  by  contract,  which
 11             contracts  may  include, but are not limited to, those purchasing the
 12             use of proprietary information;
 13             (ii)  Evaluations, studies or investigations approved by the  commis-
 14             sion  regarding  research,  implementation  and  demonstration of any
 15             aspect of integrated pest  management and pesticide  resistance  man-
 16             agement programs;
 17             (iii) The tracking system described;
 18             (iv)  The  support  of the commission on pesticide management and its
 19             activities.
 20        (2)  The commission on pesticide management shall establish priorities  to
 21    guide  it in approving the use of moneys for evaluations, studies and investi-
 22    gations under this section.
                                                                        
 23        22-1803.  DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt,
 24    all moneys received by the commission shall be deposited in one  (1)  or  more
 25    separate  accounts  in  the name of the commission in one (1) or more banks or
 26    trust companies approved under chapter 27, title  67,  Idaho  Code,  as  state
 27    depositories.  The  commission  shall designate such banks or trust companies.
 28    All funds so deposited are hereby continuously appropriated for the purpose of
 29    carrying out the provisions of  this  chapter.  Any  interest  earned  on  the
 30    investment of idle moneys in an account shall be returned to the account.
 31        (2)  Funds  can be withdrawn or paid out of such accounts only upon checks
 32    or other orders upon such accounts signed by two (2)  officers  designated  by
 33    the commission.
 34        (3)  The right is reserved to the state of Idaho to audit the funds of the
 35    commission at any time.
 36        (4)  On  or before January 15 of each year, the commission shall file with
 37    the senate agricultural affairs committee, the house agricultural affairs com-
 38    mittee, the legislative services office, the state controller, and  the  divi-
 39    sion  of financial management, a report showing the annual income and expenses
 40    by standard classification of the commission during the preceding fiscal year.
 41    The report shall also include an estimate of income to the commission for  the
 42    current and next fiscal year and a projection of anticipated expenses by cate-
 43    gory  for  the  current  and next fiscal year. The report shall also include a
 44    reconciliation between the estimated income and  expenses  projected  and  the
 45    actual income and expenses of the preceding fiscal year.
 46        (5)  All  moneys  received  or expended by the commission shall be audited
 47    biennially, but shall address every year distinctly,  by  a  certified  public
 48    accountant  designated  by  the  commission,  who shall furnish a copy of such
 49    audit to the state controller and to the senate agricultural affairs committee
 50    and the house of representatives agricultural  affairs  committee.  The  audit
 51    shall  be  completed within ninety (90) days following the close of the fiscal
 52    year.
 53        (6)  The expenditures of the commission are expressly  exempted  from  the
 54    provisions of sections 67-2007 and 67-2008, Idaho Code.
                                                                        
                                           4
                                                                        
  1        22-1804.  DUTIES. The commission on pesticide management shall:
  2        (1)  Encourage  agricultural organizations to assist in providing funding,
  3    in-kind services, or materials for studies and investigations  concerning  the
  4    registration  of  pesticides and research, implementation and demonstration of
  5    any aspect of integrated pest management (IPM) and pesticide  resistance  man-
  6    agement programs for minor crops and minor uses that would benefit the organi-
  7    zations.
  8        (2)  Provide guidance for:
  9        (a)  Tracking  the  availability  of effective pesticides for minor crops,
 10        minor uses and emergency uses;
 11        (b)  Providing this information  to  organizations  of  agricultural  pro-
 12        ducers;
 13        (c)  Maintaining  close  contact  between  laboratories, the department of
 14        agriculture, and organizations of  agricultural  producers  regarding  the
 15        need  for  research  to   support the registration of pesticides for minor
 16        crops and minor uses and the  availability  of  pesticides  for  emergency
 17        uses.
 18        (3)  Ensure that the activities of the commission are coordinated with the
 19    activities  of  laboratories in the pacific northwest, university pest manage-
 20    ment programs, the United States department of  agriculture,  and  the  United
 21    States  environmental  protection  agency  to  maximize  the  effectiveness of
 22    regional efforts to assist in the registration of pesticides for  minor  crops
 23    and  minor  uses and in providing for the availability of pesticides for emer-
 24    gency uses for the region and the state.
 25        (4)  Ensure, prior to approving any residue study, that there  is  written
 26    confirmation of registrant support and willingness or ability to add the given
 27    minor  crop  to its label, including any restrictions or guidelines the regis-
 28    trant intends to impose.
                                                                        
 29        22-1805.  REPORT ON ACTIVITIES -- REVIEW BY LEGISLATURE. (1) By January 15
 30    of each  year, the commission shall file with  the  legislature  a  report  on
 31    activities  supported  by  the  commission  for  the previous fiscal year. The
 32    report shall include identification of:
 33        (a)  The priorities that have been set by the commission;
 34        (b)  The state appropriations made to the commission;
 35        (c)  The evaluations, studies and investigations funded  in  whole  or  in
 36        part  by such moneys and the registration and uses of pesticides made pos-
 37        sible in large part by those evaluations, studies and investigations;
 38        (d)  The matching moneys, in-kind services and materials provided by agri-
 39        cultural organizations for those evaluations, studies and investigations;
 40        (e)  The program or programs for tracking pesticide availability  provided
 41        by  the laboratory under the guidance of the commission and the means used
 42        for providing this information to organizations of agricultural producers.
 43        (2)  During the regular session of the legislature the appropriate commit-
 44    tees of the house of representatives and the senate shall evaluate the  effec-
 45    tiveness of the commission in fulfilling its statutory responsibilities.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                           RS 11563C1

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 from the general Fund.  The original funding
level was $500,000.  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 use.  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 programs.
The commission shall: (1) provide guidance to laboratories
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 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
Pacific Northwest laboratories, the Idaho State Department of
Agriculture, and commodity organizations; (d) 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 position in obtaining labels for minor crops, manor
uses, and emergency labels.  The IR-4 program which provides
label studies for minor crops, is not in a position to meet the
needs of all minor crops produced in Idaho.

                          FISCAL IMPACT

There is no fiscal impact to the general fund with this
legislation.

Contact
Name: John Orr, Idaho Minor Crop Alliance 
Phone: 286-9300
Representative Bolz



STATEMENT OF PURPOSE/FISCAL NOTE                H 556