View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 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
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