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S1312aa.............................................by AGRICULTURAL AFFAIRS
BEEF COUNCIL - Amends existing law to increase the size of the Idaho Beef
Council; to provide term limits for members of the council; to provide
additional powers and duties of the council; to increase the assessment if
the federal program is discontinued; to provide a partial refund upon
request; and to provide severability.
02/13 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Agric Aff
02/18 Rpt out - to 14th Ord
02/19 Rpt out amen - to engros
02/20 Rpt engros - 1st rdg - to 2nd rdg as amen
02/23 2nd rdg - to 3rd rdg as amen
02/26 To 14th Ord
03/02 Rpt out w/o amen - Ret'd to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1312
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO BEEF COUNCIL; AMENDING SECTION 25-2901, IDAHO CODE, TO
3 INCREASE THE SIZE OF THE COUNCIL AND SPECIFY MEMBERSHIP QUALIFICATIONS;
4 AMENDING SECTION 25-2903, IDAHO CODE, TO PROVIDE TERM LIMITS FOR MEMBERS
5 OF THE COUNCIL; AMENDING SECTION 25-2906, IDAHO CODE, TO PROVIDE ADDI-
6 TIONAL POWERS AND DUTIES OF THE COUNCIL AND TO MAKE TECHNICAL CORRECTIONS;
7 AND AMENDING SECTION 25-2907, IDAHO CODE, TO INCREASE THE ASSESSMENT UNDER
8 TERMS SPECIFIED, TO PROVIDE A PARTIAL REFUND UPON REQUEST AND TO AUTHORIZE
9 AN INCREASE OR DECREASE IN THE ASSESSMENT.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 25-2901, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 25-2901. BEEF COUNCIL CREATED. There is hereby created in the department
14 of self-governing agencies the Idaho beef council, which shall be composed of
15 eight eleven (811) members appointed by the governor. The membership of the
16 beef council shall consist of two three (23) dairymen, three four (34) beef
17 producers, two three (23) cattle feeders and one (1) marketman. In making the
18 appointments, the governor shall take into consideration select from recommen-
19 dations made to him by organizations who represent or who are engaged in the
20 same type of production or business as the proposed member of the council.
21 SECTION 2. That Section 25-2903, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 25-2903. MEMBERS -- APPOINTMENT -- TERMS. The governor shall appoint all
24 members of the council for a term of three (3) years. At the end of each of
25 the above terms the governor shall appoint all successors in office for a term
26 of three (3) years. No member shall serve for more than two (2) consecutive
27 terms, except in the case that members may be nominated to serve for addi-
28 tional terms after at least three (3) years between terms of service.
29 Vacancies in any unexpired term shall be filled by the governor for the
30 remainder of the unexpired term. The member appointed to fill the vacancy
31 shall represent the same interests as the person whose office has become
32 vacant. The remainder of the term served by the replacement shall be consid-
33 ered as one (1) term.
34 SECTION 3. That Section 25-2906, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 25-2906. COUNCIL -- POWERS AND DUTIES. The council shall have the follow-
37 ing powers and duties:
38 (1.) Conform and comply with the federal beef promotion and research
39 order issued by the United States department of agriculture as long as the
2
1 federal beef promotion and research order is in effect.
2 (2.) Conduct scientific research to discover and develop the commercial
3 value of beef, including production practices which increase that value.
4 (3.) Enter into contracts which it deems appropriate in carrying out the
5 promotion of the cattle industry of this state.
6 (4.) Sue and be sued as a council, without individual liability of the
7 council members, when the council is acting within the scope of the powers of
8 this act.
9 (5.) Make grants, donations or contributions to any agency which will
10 promote the cattle industry of this state on both a national, state or local
11 level.
12 (6.) Employ, appoint or contract subordinate officers, and employees,
13 advisors, or consultants of the council, prescribe their duties and fix their
14 compensation.
15 (7.) Accept grants, donations, contributions or gifts, from any source,
16 for expenditures for any purpose consistent with the provisions of this act.
17 (8.) Prepare each year a proposed budget of the council for the next suc-
18 ceeding fiscal year, and provide upon request a copy of this budget to any
19 person who pays an assessment under this act.
20 (9.) Adopt, rescind, modify or amend all proper functional regulations
21 rules, orders, and resolutions for the exercise of its powers and duties,
22 which shall be provided to anyone upon request.
23 (10.) Conduct public relation programs for beef and beef products that
24 reinforce the importance of beef production to the economic and ecologic well-
25 being of the state of Idaho.
26 (11) Coordinate with industry groups in the planning of issues management
27 and producer communication.
28 SECTION 4. That Section 25-2907, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 25-2907. ASSESSMENTS -- COLLECTION. (1) There is hereby levied and
31 imposed upon all cattle an assessment of not more than fifty cents (50¢) per
32 head, to be paid by the owner. In the event that the federal program is no
33 longer in effect, the assessment shall be increased to one dollar ($1.00) per
34 head. If the assessment is increased because the federal program is discontin-
35 ued, eighty-five percent (85%) of the amount collected shall be refunded to
36 individual contributors when a refund is specifically requested in writing.
37 (2) The assessment imposed by this section shall be collected:
38 (a) Each time a change in ownership of cattle occurs.
39 (b) When Idaho cattle leave the state permanently even though no change
40 in ownership occurs.
41 (3) The state brand inspector shall collect state or other beef promotion
42 assessments in addition to, at the same time and in the same manner as the fee
43 charged for the state brand inspection. Such assessment so collected belongs
44 to and shall be paid to the Idaho beef council, either directly or later by
45 remittance together with a report. The council shall reimburse the state brand
46 inspector for the reasonable and necessary expenses incurred for such collec-
47 tion, in an amount determined by the council and the inspector.
48 (4) Assessments may be increased or decreased in an amount agreed upon by
49 joint resolution of the Idaho cattle association and the Idaho dairymen's
50 association.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Gannon
Seconded by Goedde
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1312
1 AMENDMENT TO SECTION 4
2 On page 2 of the printed bill, delete lines 48 through 50.
3 AMENDMENT TO THE BILL
4 On page 2, following line 50, insert:
5 "SECTION 5. That Chapter 29, Title 25, Idaho Code, be, and the same is
6 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
7 ignated as Section 25-2913, Idaho Code, and to read as follows:
8 25-2913. SEVERABILITY. The provisions of this chapter are hereby declared
9 to be severable and if any provision of this chapter or the application of
10 such provision to any person or circumstance is declared invalid for any rea-
11 son, such declaration shall not affect the validity of the remaining portions
12 of this chapter.".
13 CORRECTIONS TO TITLE
14 On page 1, in line 7, delete "AND"; in line 8, following "SPECIFIED"
15 delete "," and insert: "AND", and also in line 8, delete "AND TO AUTHORIZE";
16 delete line 9, and insert: "; AND AMENDING CHAPTER 29, TITLE 25, IDAHO CODE,
17 BY THE ADDITION OF A NEW SECTION 25-2913, IDAHO CODE, TO PROVIDE FOR SEVER-
18 ABILITY.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1312, As Amended
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO BEEF COUNCIL; AMENDING SECTION 25-2901, IDAHO CODE, TO
3 INCREASE THE SIZE OF THE COUNCIL AND SPECIFY MEMBERSHIP QUALIFICATIONS;
4 AMENDING SECTION 25-2903, IDAHO CODE, TO PROVIDE TERM LIMITS FOR MEMBERS
5 OF THE COUNCIL; AMENDING SECTION 25-2906, IDAHO CODE, TO PROVIDE ADDI-
6 TIONAL POWERS AND DUTIES OF THE COUNCIL AND TO MAKE TECHNICAL CORRECTIONS;
7 AMENDING SECTION 25-2907, IDAHO CODE, TO INCREASE THE ASSESSMENT UNDER
8 TERMS SPECIFIED AND TO PROVIDE A PARTIAL REFUND UPON REQUEST; AND AMENDING
9 CHAPTER 29, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
10 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 eleven (811) members appointed by the governor. The membership of the
17 beef council shall consist of two three (23) dairymen, three four (34) beef
18 producers, two three (23) cattle feeders and one (1) marketman. In making the
19 appointments, the governor shall take into consideration select from recommen-
20 dations made to him by organizations who represent or who are engaged in the
21 same type of production or business as the proposed member of the council.
22 SECTION 2. That Section 25-2903, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 25-2903. MEMBERS -- APPOINTMENT -- TERMS. The governor shall appoint all
25 members of the council for a term of three (3) years. At the end of each of
26 the above terms the governor shall appoint all successors in office for a term
27 of three (3) years. No member shall serve for more than two (2) consecutive
28 terms, except in the case that members may be nominated to serve for addi-
29 tional terms after at least three (3) years between terms of service.
30 Vacancies in any unexpired term shall be filled by the governor for the
31 remainder of the unexpired term. The member appointed to fill the vacancy
32 shall represent the same interests as the person whose office has become
33 vacant. The remainder of the term served by the replacement shall be consid-
34 ered as one (1) term.
35 SECTION 3. That Section 25-2906, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 25-2906. COUNCIL -- POWERS AND DUTIES. The council shall have the follow-
38 ing powers and duties:
39 (1.) Conform and comply with the federal beef promotion and research
2
1 order issued by the United States department of agriculture as long as the
2 federal beef promotion and research order is in effect.
3 (2.) Conduct scientific research to discover and develop the commercial
4 value of beef, including production practices which increase that value.
5 (3.) Enter into contracts which it deems appropriate in carrying out the
6 promotion of the cattle industry of this state.
7 (4.) Sue and be sued as a council, without individual liability of the
8 council members, when the council is acting within the scope of the powers of
9 this act.
10 (5.) Make grants, donations or contributions to any agency which will
11 promote the cattle industry of this state on both a national, state or local
12 level.
13 (6.) Employ, appoint or contract subordinate officers, and employees,
14 advisors, or consultants of the council, prescribe their duties and fix their
15 compensation.
16 (7.) Accept grants, donations, contributions or gifts, from any source,
17 for expenditures for any purpose consistent with the provisions of this act.
18 (8.) Prepare each year a proposed budget of the council for the next suc-
19 ceeding fiscal year, and provide upon request a copy of this budget to any
20 person who pays an assessment under this act.
21 (9.) Adopt, rescind, modify or amend all proper functional regulations
22 rules, orders, and resolutions for the exercise of its powers and duties,
23 which shall be provided to anyone upon request.
24 (10.) Conduct public relation programs for beef and beef products that
25 reinforce the importance of beef production to the economic and ecologic well-
26 being of the state of Idaho.
27 (11) Coordinate with industry groups in the planning of issues management
28 and producer communication.
29 SECTION 4. That Section 25-2907, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 25-2907. ASSESSMENTS -- COLLECTION. (1) There is hereby levied and
32 imposed upon all cattle an assessment of not more than fifty cents (50¢) per
33 head, to be paid by the owner. In the event that the federal program is no
34 longer in effect, the assessment shall be increased to one dollar ($1.00) per
35 head. If the assessment is increased because the federal program is discontin-
36 ued, eighty-five percent (85%) of the amount collected shall be refunded to
37 individual contributors when a refund is specifically requested in writing.
38 (2) The assessment imposed by this section shall be collected:
39 (a) Each time a change in ownership of cattle occurs.
40 (b) When Idaho cattle leave the state permanently even though no change
41 in ownership occurs.
42 (3) The state brand inspector shall collect state or other beef promotion
43 assessments in addition to, at the same time and in the same manner as the fee
44 charged for the state brand inspection. Such assessment so collected belongs
45 to and shall be paid to the Idaho beef council, either directly or later by
46 remittance together with a report. The council shall reimburse the state brand
47 inspector for the reasonable and necessary expenses incurred for such collec-
48 tion, in an amount determined by the council and the inspector.
49 SECTION 5. That Chapter 29, Title 25, Idaho Code, be, and the same is
50 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
51 ignated as Section 25-2913, Idaho Code, and to read as follows:
3
1 25-2913. SEVERABILITY. The provisions of this chapter are hereby declared
2 to be severable and if any provision of this chapter or the application of
3 such provision to any person or circumstance is declared invalid for any rea-
4 son, such declaration shall not affect the validity of the remaining portions
5 of this chapter.
STATEMENT OF PURPOSE
RS13922C1
The purpose of this proposed legislation is to expand the membership of the Idaho
Beef Council from eight to eleven members. 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 consecutive terms, except that members may serve additional
terms after at least three years have passed between terms of service. The proposed
legislation expands the powers and duties of the Council to allow public relations efforts
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 per head assessment shall increase to one dollar per head of which
eighty five percent of the amount collected shall be refunded when specifically requested
in writing. Assessments may be increased or decreased in an amount agreed on by joint
resolution of the Idaho Cattle Association and the Idaho Dairymen s Association.
FISCAL IMPACT
No fiscal impact.
CONTACT
Name: Lloyd Knight, Idaho Cattle Association
Phone: 343-1615
Name: Stan Boyd, Idaho Cattle Association
Phone: 344-2271 S 1312