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H0807.....................................................by WAYS AND MEANS
IDAHO BEEF COUNCIL - Amends existing law relating to the Idaho Beef Council
to decrease the size of the council; to provide an ex officio member; to
specify membership qualifications; to provide term limits for members of
the council; to provide additional powers and duties of the council; to
increase the assessment under terms specified; and to provide a refund upon
request.
03/03 House intro - 1st rdg - to printing
03/04 Rpt prt - to Agric Aff
03/05 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 66-0-4
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Jones, Kellogg, Kulczyk, Lake, Langford, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Nielsen, Pasley-Stuart,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bradford, Langhorst, Naccarato, Wills
Floor Sponsor - Bedke
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Agric Aff
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 32-1-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Ingram, Keough, Little, Lodge, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- Kennedy
Absent and excused -- Malepeai, Schroeder
Floor Sponsor - Noble
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
04/02 Governor VETOED
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 807
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO BEEF COUNCIL; AMENDING SECTION 25-2901, IDAHO CODE, TO
3 DECREASE THE SIZE OF THE COUNCIL, PROVIDE AN EX OFFICIO MEMBER AND SPECIFY
4 MEMBERSHIP QUALIFICATIONS; AMENDING SECTION 25-2903, IDAHO CODE, TO PRO-
5 VIDE TERM LIMITS FOR MEMBERS OF THE COUNCIL; AMENDING SECTION 25-2906,
6 IDAHO CODE, TO PROVIDE ADDITIONAL POWERS AND DUTIES OF THE COUNCIL AND TO
7 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 25-2907, IDAHO CODE, TO
8 INCREASE THE ASSESSMENT UNDER TERMS SPECIFIED AND TO PROVIDE A REFUND UPON
9 REQUEST; AND AMENDING CHAPTER 29, TITLE 25, IDAHO CODE, BY THE ADDITION OF
10 A NEW SECTION 25-2913, IDAHO CODE, TO PROVIDE FOR SEVERABILITY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 25-2901, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 25-2901. BEEF COUNCIL CREATED. There is hereby created in the department
15 of self-governing agencies the Idaho beef council, which shall be composed of
16 eight seven (87) members appointed by the governor. The membership of the beef
17 council shall consist of two (2) dairymen, three (3) beef producers, and two
18 (2) cattle feeders. In addition, and one (1) marketman shall be appointed to
19 serve as an ex officio, nonvoting member of the council. In making the
20 appointments, the governor shall take into consideration select from recommen-
21 dations made to him by organizations who represent or who are engaged in the
22 same type of production or business as the proposed member of the council.
23 SECTION 2. That Section 25-2903, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 25-2903. MEMBERS -- APPOINTMENT -- TERMS. The governor shall appoint all
26 members of the council for a term of three (3) years. At the end of each of
27 the above terms the governor shall appoint all successors in office for a term
28 of three (3) years. No member shall serve for more than two (2) consecutive
29 terms, except in the case that members may be nominated to serve for addi-
30 tional terms after at least three (3) years between terms of service.
31 Vacancies in any unexpired term shall be filled by the governor for the
32 remainder of the unexpired term. The member appointed to fill the vacancy
33 shall represent the same interests as the person whose office has become
34 vacant. The remainder of the term served by the replacement shall be consid-
35 ered as one (1) term.
36 SECTION 3. That Section 25-2906, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 25-2906. COUNCIL -- POWERS AND DUTIES. The council shall have the follow-
39 ing powers and duties:
2
1 (1.) Conform and comply with the federal beef promotion and research
2 order issued by the United States department of agriculture as long as the
3 federal beef promotion and research order is in effect.
4 (2.) Conduct scientific research to discover and develop the commercial
5 value of beef, including production practices which increase that value.
6 (3.) Enter into contracts which it deems appropriate in carrying out the
7 promotion of the cattle industry of this state.
8 (4.) Sue and be sued as a council, without individual liability of the
9 council members, when the council is acting within the scope of the powers of
10 this act.
11 (5.) Make grants, donations or contributions to any agency which will
12 promote the cattle industry of this state on both a national, state or local
13 level.
14 (6.) Employ, appoint or contract subordinate officers, and employees,
15 advisors, or consultants of the council, prescribe their duties and fix their
16 compensation.
17 (7.) Accept grants, donations, contributions or gifts, from any source,
18 for expenditures for any purpose consistent with the provisions of this act.
19 (8.) Prepare each year a proposed budget of the council for the next suc-
20 ceeding fiscal year, and provide upon request a copy of this budget to any
21 person who pays an assessment under this act.
22 (9.) Adopt, rescind, modify or amend all proper functional regulations
23 rules, orders, and resolutions for the exercise of its powers and duties,
24 which shall be provided to anyone upon request.
25 (10.) Conduct public relation programs for beef and beef products that
26 reinforce the importance of beef production to the economic and ecologic well-
27 being of the state of Idaho.
28 (11) Coordinate with industry groups in the planning of issues management
29 and producer communication.
30 SECTION 4. That Section 25-2907, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 25-2907. ASSESSMENTS -- COLLECTION. (1) There is hereby levied and
33 imposed upon all cattle an assessment of not more than fifty cents (50ยข) per
34 head, to be paid by the owner. In the event that the federal program is no
35 longer in effect, the assessment shall be increased to one dollar ($1.00) per
36 head. If the assessment is increased, any person may request from the council,
37 in writing, within thirty (30) calendar days after payment thereof, a refund
38 of all or any portion of the assessment. The council shall make the refund not
39 later than sixty (60) days after receipt of the refund request, as long as the
40 council has received the moneys from the entity collecting the assessment.
41 (2) The assessment imposed by this section shall be collected:
42 (a) Each time a change in ownership of cattle occurs.
43 (b) When Idaho cattle leave the state permanently even though no change
44 in ownership occurs.
45 (3) The state brand inspector shall collect state or other beef promotion
46 assessments in addition to, at the same time and in the same manner as the fee
47 charged for the state brand inspection. Such assessment so collected belongs
48 to and shall be paid to the Idaho beef council, either directly or later by
49 remittance together with a report. The council shall reimburse the state brand
50 inspector for the reasonable and necessary expenses incurred for such collec-
51 tion, in an amount determined by the council and the inspector.
52 SECTION 5. That Chapter 29, Title 25, Idaho Code, be, and the same is
3
1 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2 ignated as Section 25-2913, Idaho Code, and to read as follows:
3 25-2913. SEVERABILITY. The provisions of this chapter are hereby declared
4 to be severable and if any provision of this chapter or the application of
5 such provision to any person or circumstance is declared invalid for any rea-
6 son, such declaration shall not affect the validity of the remaining portions
7 of this chapter.
STATEMENT OF PURPOSE
RS 14232
The purpose of the proposed legislation is to reduce the
membership of the Idaho Beef Council from eight (8) to seven (7)
members and provides for one ex-officio, non-voting member of the
council. This legislation would also require that the Governor
shall select council members from recommendations made to him by
organizations who represent or who are engaged in the same type
of production or business as the proposed member of the council.
The legislation states that no member shall serve more than two
(2) consecutive terms, except that members may serve additional
terms after at least three (3) years have passed between terms of
service. The proposed legislation expands the powers and duties
of the council to allow public relations that reinforce the
importance of beef production and allows the council to
coordinate with industry groups in the planning of issues
management and producer communication.
The proposed legislation also states that if the federal program
should ever cease, the current fifty cent ($.50) per head
assessment shall increase to one dollar ($1.00) per head. One
hundred percent (100%) of the amount collected shall be refunded
when specifically requested in writing.
FISCAL IMPACT
No fiscal impact.
Contact
Name: Rep. Scott Bedke
Rep. Dennis Lake
(208) 332-1000
Lloyd Knight, Idaho Cattle Assn.
(208) 343-1615
Stan Boyd, Idaho Cattle Assn.
(208) 344-2271
STATEMENT OF PURPOSE/FISCAL NOTE H 807