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H0836...............................................by AGRICULTURAL AFFAIRS
AQUACULTURE COMMISSION - Adds to and amends existing law to provide for the
Idaho Aquaculture Commission; to provide powers and duties of the
commission; to provide for the deposit and disbursement of funds; to
provide for audits and reports; to provide for assessments; to provide for
refunds; and to provide for an opt out alternative.
03/15 House intro - 1st rdg - to printing
03/16 Rpt prt - to 2nd rdg
Rls susp - PASSED - 64-4-2
AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,
Langford, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell,
Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,
Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd,
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Trail, Wills, Wood, Mr. Speaker
NAYS -- Barrett, Kulczyk, McKague, Sali
Absent and excused -- Gagner, Garrett
Floor Sponsor - Jones
Title apvd - to Senate
03/16 Senate intro - 1st rdg - to Agric Aff
03/18 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
Rls susp - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
Williams
NAYS -- None
Absent and excused -- None
Floor Sponsors - Stennett & Noh
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/26 Governor signed
Session Law Chapter 350
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 836
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO AQUACULTURE; AMENDING TITLE 22, IDAHO CODE, BY THE ADDITION OF A
3 NEW CHAPTER 44, TITLE 22, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT, TO
4 DEFINE TERMS, TO PROVIDE FOR THE IDAHO AQUACULTURE COMMISSION, TO PROVIDE
5 POWERS AND DUTIES OF THE COMMISSION, TO PROVIDE FOR THE DEPOSIT AND DIS-
6 BURSEMENT OF FUNDS, TO PROVIDE FOR STATE AUDITS OF COMMISSION FUNDS, TO
7 PROVIDE FOR ANNUAL REPORTS, TO PROVIDE FOR BIENNIAL AUDITS, TO PROVIDE
8 THAT THE STATE IS NOT LIABLE, TO PROVIDE FOR ASSESSMENTS, TO PROVIDE FOR
9 REFUNDS AND TO PROVIDE FOR AN OPT OUT ALTERNATIVE; AND AMENDING SECTION
10 67-2601, IDAHO CODE, TO INCLUDE THE IDAHO AQUACULTURE COMMISSION IN THE
11 DEPARTMENT OF SELF-GOVERNING AGENCIES.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Title 22, Idaho Code, be, and the same is hereby amended
14 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
15 ter 44, Title 22, Idaho Code, and to read as follows:
16 CHAPTER 44
17 IDAHO AQUACULTURE COMMISSION
18 22-4401. LEGISLATIVE INTENT. The aquaculture industry is one of the agri-
19 cultural industries that contributes to the economic welfare of the state. It
20 is the purpose of this chapter to promote the public health and welfare of the
21 citizens of the state by providing means for the protection, promotion, study,
22 research, analysis and development of markets relating to the growing and mar-
23 keting of Idaho aquaculture products and Idaho aquaculture byproducts.
24 22-4402. DEFINITIONS. As used in this chapter:
25 (1) "Aquaculture" means the husbandry of fish, aquatic animals and
26 plants, and the processing for sale of the same, both public and private.
27 (2) "Commission" means the Idaho aquaculture commission.
28 (3) "Processor" means a facility where aquaculture products are delivered
29 for the purpose of processing the product for sale, and shall for the purposes
30 of membership on the commission, include persons owning, operating or other-
31 wise participating in the operation of the facility.
32 (4) "Producer" means the owner or tenant of a facility, hatchery, pond,
33 lake, stream or other water facility where fish or other aquatic animals and
34 plants are raised, held or produced for sale.
35 22-4403. IDAHO AQUACULTURE COMMISSION -- ESTABLISHED -- COMPOSITION --
36 QUALIFICATION OF MEMBERS -- MEETINGS. (1) A commission on Idaho aquaculture,
37 hereinafter referred to in this chapter as "the commission," is hereby estab-
38 lished in the department of self-governing agencies. The commission shall be
39 composed of five (5) members appointed by the governor as follows:
40 (a) Three (3) members shall be from the producer segment of the industry;
2
1 (b) Two (2) members shall be from the processor segment of the industry.
2 Nominations for the initial appointments to the commission shall be made pur-
3 suant to the provisions of subsection (6) of this section.
4 (2) Members must meet the following qualifications:
5 (a) Be a United States citizen and a resident of the state of Idaho;
6 (b) Be over the age of twenty-five (25) years;
7 (c) Producer members shall be persons who have been actively engaged in
8 the production of an aquaculture product within the state of Idaho with a
9 major portion of their income from aquaculture derived from commercial
10 fisheries, whether operating as a sole proprietor, partnership, corpora-
11 tion, limited liability company, cooperative, or other business entity;
12 (d) Processor members shall be persons who have been actively engaged as
13 processors within the state of Idaho with a major portion of their income
14 from aquaculture derived from aquaculture processing, sales, handling,
15 packing, shipping, or buying and selling aquaculture products as an agent
16 or broker, whether operating as a sole proprietor, partnership, corpora-
17 tion, limited liability company, cooperative, or other business entity;
18 (e) No more than one (1) person from any partnership, corporation, lim-
19 ited liability company, cooperative, or other business entity shall serve
20 as a member of the commission at the same time.
21 (3) Each member of the commission shall be appointed by the governor for
22 a term of three (3) years. Provided however, that the initial appointments in
23 the first year shall be appointments of two (2) years for one (1) producer
24 member, three (3) years for two (2) producer members, two (2) years for one
25 (1) processor member and three (3) years for one (1) processor member. No mem-
26 ber of the commission may be removed by the governor during his or her term of
27 office unless for cause of incapacity, incompetence, neglect of duty, malfea-
28 sance in office, or failure to continue to meet the qualifications set forth
29 in subsection (2) of this section. In the event a commissioner vacancy occurs
30 prior to the expiration of a scheduled term, the commission shall conduct a
31 meeting and nominate two (2) nominees. The names of the nominees shall be sub-
32 mitted to the governor who shall appoint one (1) of the nominees to fill the
33 unexpired term.
34 (4) Members shall serve no more than two (2) consecutive terms without
35 the lapse of one (1) full term occurring prior to being eligible for reap-
36 pointment.
37 (5) Members shall serve without compensation from the state.
38 (6) Nominations for the initial appointments to the commission under sub-
39 section (1) of this section shall be made in the following manner:
40 (a) At the time of the effective date of this act, the Idaho aquaculture
41 association shall set a date, time and location for a meeting where nomi-
42 nations for membership shall be voted upon;
43 (b) At least thirty (30) days prior to the meeting date, the association
44 shall send written notification setting forth the date, time and location
45 of such meeting to all producers and processors in the state of Idaho,
46 regardless of whether a producer or processor is a member of the associa-
47 tion;
48 (c) At least thirty (30) days prior to the meeting date, the association
49 shall post written notice of the meeting in places of business involved in
50 the aquaculture industry;
51 (d) At least thirty (30) days prior to the meeting date, the association
52 shall provide written notice of the meeting to the department of agricul-
53 ture and, upon receipt, the department shall post the notice on their
54 official website.
55 No less than two (2) nominees shall be chosen for submission to the governor
3
1 for each vacancy. Nominations as voted upon at the time of the meeting shall
2 be submitted to the governor within fourteen (14) days of the meeting. The
3 governor shall make appointments to the commission within thirty (30) days of
4 receipt of nominations.
5 (7) The commission shall elect a chair from among its members each calen-
6 dar year. After its original organizational meeting, the commission shall meet
7 at the call of the chair or by a consensus of three (3) members of the commis-
8 sion. A majority of the members of the commission constitutes a quorum and an
9 official action of the commission may be taken with a majority vote of the
10 quorum. The commission shall, at a minimum, conduct quarterly meetings of the
11 commission and an annual meeting of all producers and processors. Notification
12 of the date, time and location of annual meetings shall be made in accordance
13 with the provisions set forth in paragraphs (b), (c) and (d) of subsection (6)
14 of this section. Nominations for terms on the commission that are scheduled to
15 expire prior to the next annual meeting shall be voted upon during the annual
16 meeting and submitted to the governor. No less than two (2) nominees shall be
17 chosen for submission to the governor for each upcoming vacancy.
18 22-4404. POWERS AND DUTIES. The powers and duties of the commission shall
19 include the following:
20 (1) To contract in the name of the commission and be contracted with, to
21 sue and be sued;
22 (2) To appoint, employ, prescribe duties, fix compensation, and at its
23 pleasure discharge, all necessary agents, employees, professional personnel
24 and other personnel, including experts in aquaculture and the publicizing of
25 products;
26 (3) To keep books, records, and accounts of all its dealings, including
27 minutes of commission meetings;
28 (4) To establish an office or offices, to incur expenses, and to create
29 liabilities as reasonable for the proper administration of the commission;
30 (5) To determine new markets for aquaculture products, to conduct promo-
31 tional activities relating to the national and international use of aquacul-
32 ture products;
33 (6) To provide and to publicize reliable information relating to the
34 value of aquaculture products determined to be useful and profitable;
35 (7) To conduct research, and to investigate and study problems relative
36 to the industry;
37 (8) To promote and protect the sale of aquaculture products;
38 (9) To cooperate with agencies of this state, other states and the fed-
39 eral government, engaged in similar work to that of the commission and enter
40 into agreements or contracts with such agencies;
41 (10) To adopt, amend and rescind rules in conjunction with the exercise of
42 its powers and duties pursuant to the provisions of this chapter.
43 22-4405. DEPOSIT AND DISBURSEMENT OF FUNDS -- AUDITS -- REPORTS. (1) The
44 commission may accept assessment receipts, grants, donations and gifts of
45 funds from any source for expenditure for any purpose consistent with this
46 chapter which may be specified as a condition of any grant, donation or gift.
47 All funds received under the provisions of this chapter or as provided by law
48 shall be deposited into one (1) or more separate accounts in the name of the
49 commission in one (1) or more banks or trust companies approved under chapter
50 27, title 67, Idaho Code, as state depositories. The commission shall desig-
51 nate such banks or trust companies. At the option of the commission, an
52 account known as the "Idaho Aquaculture Commission Account," to be adminis-
53 tered by the Idaho aquaculture commission, may be created and established in
4
1 the state treasury for the deposit of such funds. All funds so deposited are
2 hereby continuously appropriated for the purpose of carrying out the provi-
3 sions of this chapter. Any interest earned on the investment of idle moneys in
4 an account shall be returned to the account.
5 (2) Funds can be withdrawn or paid out of bank accounts only upon checks
6 or other orders upon such accounts signed by two (2) officers designated by
7 the commission.
8 (3) The right is reserved to the state of Idaho to audit the funds of the
9 commission at any time.
10 (4) On or before January 15 of each year, the commission shall file with
11 the senate agricultural affairs committee, the house agricultural affairs com-
12 mittee, the legislative services office, the state controller, and the divi-
13 sion of financial management, a report showing the annual income and expenses
14 by standard classification of the commission during the preceding fiscal year.
15 The report shall also include an estimate of income to the commission for the
16 current fiscal year and a projection of anticipated expenses by category for
17 the current fiscal year. The report shall also include a reconciliation
18 between the estimated income and expenses projected and the actual income and
19 expenses of the preceding fiscal year.
20 (5) All moneys received or expended by the commission shall be audited
21 every second year, but shall address every year distinctly, by a certified
22 public accountant designated by the commission, who shall furnish a copy of
23 such audit to the director of legislative services and to the senate agricul-
24 tural affairs committee and the house agricultural affairs committee. The
25 audit shall be completed within ninety (90) days following the close of the
26 fiscal year.
27 22-4406. STATE NOT LIABLE. The state of Idaho is not liable for the acts
28 or omissions of the commission or any member thereof, or any officer, agent or
29 employee thereof.
30 22-4407. ASSESSMENTS. (1) From and after the first day of July 2004,
31 there is hereby imposed an assessment of five cents (5¢) per hundred weight on
32 the production of aquaculture products produced or grown in Idaho for purpose
33 of profit. Thereafter, the commission is authorized to establish the rate of
34 assessment by rule, up to a maximum assessment rate of ten cents (10¢) per
35 hundred weight on the production of aquaculture products produced or grown in
36 Idaho for purpose of profit.
37 (2) With the exception of the assessments pursuant to subsection (3) of
38 this section, assessments shall be collected by the processor and deducted
39 from payments to the producer. The processor shall remit all assessments to
40 the commission within fifteen (15) days of the end of each calendar quarter,
41 along with the name, address and dollar amount of each producer's respective
42 assessment. The commission shall maintain records identifying the specific
43 amount of assessment collected from each producer.
44 (3) Producers shall be responsible for submitting assessments on aquacul-
45 ture products sold for human consumption, pond stocking, or live aquaculture
46 products sold directly to the public, to retailers or to a governmental
47 entity. Producers shall remit the assessments to the commission by the fif-
48 teenth day of the month following the sale, along with a verification of the
49 amount of product so sold.
50 22-4408. REFUNDS. Within thirty (30) days following the end of a calendar
51 quarter, a producer that does not support the program established under this
52 chapter, may request in writing that the commission refund all or a portion of
5
1 assessments remitted to the commission by the producer, or remitted on his
2 behalf. Any producer that fails to request a refund within the thirty (30) day
3 period pursuant to the provisions of this section shall be deemed to have
4 waived their right to do so. Within thirty (30) days of receipt of the written
5 request for refund, the commission shall reimburse the producer the requested
6 refund amount, provided the commission determines from its records that the
7 amount so requested was actually remitted to the commission by the producer,
8 or on his behalf.
9 22-4409. OPT OUT ALTERNATIVE. (1) Each and every year, any producer may,
10 at his election, opt out of application of all provisions of this chapter,
11 including assessment provisions. In order to opt out of application of the
12 provisions of this chapter, a producer shall comply with the following
13 requirements:
14 (a) On an annual basis, no later than June 30 of each year, submit a let-
15 ter to the Idaho aquaculture commission, stating his intent to opt out of
16 application of the provisions of the chapter for the upcoming fiscal year;
17 (b) The letter shall include the producer's name and address.
18 (2) The Idaho aquaculture commission, upon formation, shall provide writ-
19 ten notice of their mailing address to the department of agriculture and, upon
20 receipt, the department shall post the address on their official website. The
21 commission shall also set forth their mailing address by rule.
22 SECTION 2. That Section 67-2601, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF
25 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of
26 self-governing agencies. The department shall, for the purposes of section 20,
27 article IV of the constitution of the state of Idaho, be an executive depart-
28 ment of the state government.
29 (2) The department shall consist of the following:
30 (a) Agricultural commodity commissions: Idaho apple commission, as pro-
31 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
32 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
33 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
34 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as
35 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
36 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com-
37 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
38 mission, as provided by chapter 30, title 22, Idaho Code; and the Idaho
39 wheat commission, as provided by chapter 33, title 22, Idaho Code; and the
40 Idaho aquaculture commission, as provided by chapter 44, title 22, Idaho
41 Code.
42 (b) Professional and occupational licensing boards: Idaho state board of
43 certified public accountancy, as provided by chapter 2, title 54, Idaho
44 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho
45 Code; board of architectural examiners, as provided by chapter 3, title
46 54, Idaho Code; office of the state athletic director, as provided by
47 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
48 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
49 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic
50 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
51 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun-
52 selor licensing board, as provided by chapter 34, title 54, Idaho Code;
6
1 state board of dentistry, as provided by chapter 9, title 54, Idaho Code;
2 state board of denturitry, as provided by chapter 33, title 54, Idaho
3 Code; state board of engineering examiners, as provided by chapter 12,
4 title 54, Idaho Code; state board for registration of professional geolo-
5 gists, as provided by chapter 28, title 54, Idaho Code; board of hearing
6 aid dealers and fitters, as provided by chapter 29, title 54, Idaho Code;
7 Idaho state board of landscape architects, as provided by chapter 30,
8 title 54, Idaho Code; state board of medicine, as provided by chapter 18,
9 title 54, Idaho Code, and its associated physical therapist advisory
10 board, as provided by chapter 22, title 54, Idaho Code; state board of
11 morticians, as provided by chapter 11, title 54, Idaho Code; board of
12 nurses, as provided by chapter 14, title 54, Idaho Code; board of examin-
13 ers of nursing home administrators, as provided by chapter 16, title 54,
14 Idaho Code; state board of optometry, as provided by chapter 15, title 54,
15 Idaho Code; Idaho outfitters and guides board, as provided by chapter 21,
16 title 36, Idaho Code; board of pharmacy, as provided by chapter 17, title
17 54, Idaho Code; state board of podiatry, as provided by chapter 6, title
18 54, Idaho Code; Idaho state board of psychologist examiners, as provided
19 by chapter 23, title 54, Idaho Code; Idaho real estate commission, as pro-
20 vided by chapter 20, title 54, Idaho Code; real estate appraiser board, as
21 provided by chapter 41, title 54, Idaho Code; board of social work examin-
22 ers, as provided by chapter 32, title 54, Idaho Code; the board of veteri-
23 nary medicine, as provided by chapter 21, title 54, Idaho Code; and the
24 board of examiners of residential care facility administrators, as pro-
25 vided by chapter 42, title 54, Idaho Code.
26 (c) The board of examiners, pursuant to section 67-2001, Idaho Code.
27 (d) The division of building safety, to be headed by a division adminis-
28 trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
29 public works contractor licensing, and logging and industrial safety. The
30 division administrator and bureau chiefs shall be nonclassified employees
31 exempt from the provisions of chapter 53, title 67, Idaho Code. The admin-
32 istrator of the division shall administer the provisions of chapter 40,
33 title 39, Idaho Code, relating to manufactured homes and recreational
34 vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings;
35 chapter 21, title 44, Idaho Code, relating to manufactured home dealer and
36 broker licensing; chapter 10, title 54, Idaho Code, relating to electrical
37 contractors and journeymen; chapter 19, title 54, Idaho Code, relating to
38 licensing of public works contractors; chapter 26, title 54, Idaho Code,
39 relating to plumbing and plumbers; and shall perform such additional
40 duties as are imposed upon him by law. The division administrator shall
41 cooperate with the industrial commission and aid and assist the commission
42 in its administration of sections 72-720, 72-721 and 72-723, Idaho Code,
43 and at the request of the commission shall make inspection of appliances,
44 tools, equipment, machinery, practices or conditions, and make a written
45 report to the commission. The administrator shall make recommendations to
46 the commission to aid the commission in its administration of sections
47 72-720, 72-721 and 72-723, Idaho Code, provided however, that nothing
48 herein shall be construed as transferring to the administrator any of the
49 authority or powers now vested in the industrial commission.
50 (e) The division of veterans services to be headed by a division adminis-
51 trator who shall be a nonclassified employee exempt from the provisions of
52 chapter 53, title 67, Idaho Code. The administrator of the division shall
53 administer the provisions of chapter 2, title 65, Idaho Code, and chapter
54 9, title 66, Idaho Code, with the advice of the veterans affairs commis-
55 sion established under chapter 2, title 65, Idaho Code, and shall perform
7
1 such additional duties as are imposed upon him by law.
2 (3) The bureau of occupational licenses is hereby created within the
3 department of self-governing agencies.
STATEMENT OF PURPOSE
RS 14263
The purpose of this legislation is to establish the Idaho
Aquaculture commission. Aquaculture is a growing agricultural
industry and a large contributor to the economy of Idaho. As a
commission, the industry can be promoted, compete for available
USDA research funds and grants and educate Idahoans on the
excellence of the Idaho Aquaculture Industry. The Aquaculture
Commission will function in the same manner as other state
agriculture commissions. The commission will represent
producers, processors, and related industries.
FISCAL IMPACT
There is no general fund impact. It is estimated the
commission will generate from $10,000 to $20,000 annually from
producer assessments.
Contact
Name: Representative Jones and Representative Stevenson
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 836