Print Friendly HOUSE BILL NO. 554 – Agricultural Bd created
HOUSE BILL NO. 554
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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
|||| 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
2 RELATING TO AGRICULTURE; AMENDING CHAPTER 1, TITLE 22, IDAHO CODE, BY THE
3 ADDITION OF A NEW SECTION 22-103A, IDAHO CODE, TO PROVIDE FOR A BOARD OF
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:
9 22-103A. BOARD -- COMPOSITION -- OFFICERS -- COMPENSATION -- POWERS --
10 SUBPOENA -- DEPOSITIONS -- REVIEW -- RULES.
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-
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-
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
STATEMENT OF PURPOSE
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
STATEMENT OF PURPOSE/FISCAL NOTE H 554