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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 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