2006 Legislation
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HOUSE BILL NO. 513 – Agricultural technology, cooperatn


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Bill Status

H0513...............................................by AGRICULTURAL AFFAIRS
AGRICULTURAL TECHNOLOGY - Amends existing law to require the director of
the Department of Agriculture to cooperate with specified entities to
encourage the growth of agricultural technology in the state and to protect
the integrity of existing agriculture and agricultural marketing channels.
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Agric Aff
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 63-0-7
      AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon, Clark, Collins,
      Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake,
      LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller,
      Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ring, Ringo, Rusche, Rydalch, Sali(Sali), Sayler, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Anderson, Brackett, Bradford, Crow, Roberts,
      Schaefer, Mr. Speaker
    Floor Sponsor - Bolz
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Agric Aff
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burtenshaw
    Floor Sponsor - Coiner
    Title apvd - to House
03/22    To enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/30    Governor signed
         Session Law Chapter 220
         Effective: 03/30/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 513
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 22-103, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
 10        22-103.  DUTIES OF DIRECTOR. The director of the department of agriculture
 11    shall  execute  the powers and discharge the duties vested by law in him or in
 12    the department, including, but not limited to, the following:
 13        (1)  Pursuant to chapter 53, title 67, Idaho Code, hire, assign duties and
 14    evaluate the performance of all employees of the department.
 15        (2)  Designate employees for special assignment, office or function as the
 16    needs of the department may require.
 17        (3)  Acquire, generate, develop and disseminate information and data  con-
 18    cerning agricultural pursuits, productivity and product quality.
 19        (4)  Encourage  and  promote  in  every practical manner, the interests of
 20    agriculture, horticulture, apiculture, aquaculture, the livestock  industries,
 21    poultry and fowl raising, wool and fur-bearing animals and their allied indus-
 22    tries.
 23        (5)  Assist,  encourage  and  promote  the organization of farmers' insti-
 24    tutes, agricultural, horticultural, management or  cooperative  societies  and
 25    organizations for the benefit of agricultural pursuits in this state.
 26        (6)  Promote  improved methods of production, storage, sales and marketing
 27    of agricultural industries.
 28        (7)  Establish and promulgate standards of construction, use  and  sanita-
 29    tion of open and closed receptacles for farm products, and standards for grade
 30    or other classification of farm products.
 31        (8)  Prescribe  and  promulgate  rules governing marks, brands and labels,
 32    and the registration thereof, for use upon receptacles for farm products.
 33        (9)  Promote, in the interest of the public, economical and efficient  use
 34    of  products and commodities used in the production of agricultural, horticul-
 35    tural, meats and other products and farm commodities and their distribution.
 36        (10) Cooperate with producers, processors and consumers  in  devising  and
 37    maintaining economical and efficient systems of distribution, and to assist in
 38    the reduction of waste and expense incidental to the marketing of agricultural
 39    products.
 40        (11) Gather  and diffuse timely information and statistics concerning sup-
 41    ply, demand, prevailing prices and commercial movement of  agricultural  prod-
 42    ucts.
 43        (12) Maintain  a  market  news  service,  including information concerning
  1    crops, freight rates, commission rates and such other information as may be of
  2    service to producers and consumers, and to act as a clearinghouse for informa-
  3    tion between producers and consumers.
  4        (13) Cooperate with the secretary, colleges and  universities,  experiment
  5    stations,  and other agencies which cooperate in devising, research and devel-
  6    opment and utilization of improved agricultural production and  other  activi-
  7    ties.
  8        (14) Investigate  the practices, methods of factors, management techniques
  9    of commission merchants, track buyers and others who  receive,  solicit,  buy,
 10    sell,  handle  on commission or otherwise, or deal in grains, eggs, livestock,
 11    vegetables or other products used as human foods, to the end that distribution
 12    of such commodities through such factors, commission merchants,  track  buyers
 13    and  others  be  efficiently  and  economically accomplished without hardship,
 14    waste or fraud.
 15        (15) Enter and inspect any right-of-way of any irrigation canal,  railway,
 16    public  highway,  field,  orchard,  nursery, fruit or vegetable packing house,
 17    store room, sales room, storage facility, depot or other  place  where  fruits
 18    and  vegetables  are  grown  or  stored  and to inspect fruits, trees, plants,
 19    vines, shrubs or other articles within the state, and if such places or  arti-
 20    cles  are  infested  with  pests, insects or their eggs or larvae, or with any
 21    contagious or transmittable diseases injurious to  plant  life,  to  abate  or
 22    eradicate the same as a nuisance.
 23        (16) Provide  treatment for and prevent the spread of infectious or commu-
 24    nicable diseases among bees, livestock, fur-bearing animals or  domestic  ani-
 25    mals  through  the systematic and periodic inspection, testing or treatment of
 26    such bees and animals at the expense of the owner thereof.
 27        (17) Protect the livestock interests of the state from losses due to  dis-
 28    ease  or  hazards to animal health and communicable to humans through agricul-
 29    tural products. The director is authorized to regulate, as  deemed  necessary,
 30    commercial  livestock  truck  washing facilities. This includes permitting for
 31    the treatment or disposal, at any location, of any wash water generated by the
 32    facility. This subsection preempts Idaho department of environmental quality's
 33    authority to issue land application permits and to do plan  and  specification
 34    reviews under section 39-118, Idaho Code, for livestock truck wash facilities,
 35    but does not affect any other authority of the Idaho department of environmen-
 36    tal quality.
 37        (18) Maintain  recording  of  earmarks, eartags or other identifying marks
 38    not covered under any other provisions of law.
 39        (19) Purchase, lease, hold, sell, and dispose of real and  personal  prop-
 40    erty  of  the  department when, in the judgment of the director, such transac-
 41    tions promote the purposes for which the department is established.
 42        (20) Contract with any state agency, federal agency or agency  of  another
 43    state  concerning  any  matter, program or cooperative effort within the scope
 44    and jurisdiction of its authority pursuant to law.
 45        (21) Assist in the improvement of country life, farm  occupations  and  to
 46    cooperate  in  effectuating equality of opportunity of those employed in agri-
 47    cultural pursuits in the state of Idaho.
 48        (22) Investigate diseases, contamination of livestock and  poultry,  agri-
 49    cultural,  horticultural,  and farm products, suspected to be infected or con-
 50    taminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botan-
 51    ical or other disease-producing agents, or carrying  a  residue  of  any  such
 52    disease-producing  agent or chemical in excess of any tolerance established by
 53    federal or state law or regulation and to examine, conduct  tests,  and  issue
 54    "hold  orders"  on any livestock, poultry, agricultural, horticultural or farm
 55    products as deemed necessary to effectuate a diagnosis of disease,  contamina-
  1    tion  or chemical level to safeguard and protect animal and man. And addition-
  2    ally, authorize and implement a predator control program on state and  private
  3    lands using any kind of toxic material or substance suitable for such purpose.
  4    Any  toxic material or substance shall be approved for use by the director. In
  5    order  to carry out the provisions of this subsection (22), the director shall
  6    prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code.
  7        (23) Prescribe by rule an interest charge which may  be  assessed  on  all
  8    accounts  which are thirty (30) days past due from the initial billing date or
  9    the assessment due date. The interest rate charged  shall  not  exceed  twelve
 10    percent (12%) per annum.
 11        (24) To  take  all  steps that are deemed necessary to prevent and control
 12    damage or conflicts on federal, state, or other public or private lands caused
 13    by predatory animals, rodents, or birds, including  threatened  or  endangered
 14    wildlife within the state of Idaho as are established by federal or state law,
 15    federal or state regulation, or county ordinance, that are injurious to animal
 16    husbandry,  agriculture, horticulture, forestry, wildlife and human health and
 17    safety.
 18        (25) To administer oaths, certify to all official acts  and  subpoena  any
 19    person  in  this state as a witness; to compel through subpoena the production
 20    of books, papers, and records; and to take the  testimony  of  any  person  on
 21    deposition in the same manner as prescribed by law in the procedure before the
 22    courts  of  this  state. A subpoena issued by the director shall extend to all
 23    parts of the state and may be served by any person authorized to  do  so.  All
 24    powers  of  the  director  enumerated  in this subsection (25) with respect to
 25    administering oaths, power of subpoena, and other powers in hearings  on  com-
 26    plaints  shall likewise be applicable to hearings held on applications for the
 27    issuance or renewal of licenses.
 28        (26) To appoint, as necessary, committees for the purpose of advising  the
 29    director  on  any and all matters relating to agricultural programs within the
 30    Idaho department of agriculture.
 31        (27) Cooperate with producers, industry and technology groups,  and  other
 32    agencies to encourage the growth of technology within the state's agricultural
 33    industries  while protecting, as necessary, the integrity of existing agricul-
 34    ture and agricultural marketing channels.
 35        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 36    declared to exist, this act shall be in full force and effect on and after its
 37    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 15644

The purpose of this legislation is to add one item to the duties
of the Director of the State Department of Agriculture.  The
additional duty will allow the Director to cooperate with
producers, industry and others to encourage growth of technology
within the state's agricultural industries.  It also allows for
protection of existing agricultural and marketing channels. 

                          FISCAL IMPACT

There is no fiscal impact to the state general fund.

Name: Rep. Darrell Bolz 
Phone: 332-1207

STATEMENT OF PURPOSE/FISCAL NOTE                         H 513