2006 Legislation
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HOUSE BILL NO. 595 – Alfalfa/Clover Seed Comm, nominatns

HOUSE BILL NO. 595

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H0595...............................................by AGRICULTURAL AFFAIRS
ALFALFA/CLOVER SEED COMMISSION - Amends existing law relating to the
Alfalfa and Clover Seed Commission to revise definitions; to revise
provisions relating to the composition of grower nominating committees
appointed by the Department of Agriculture; and to revise provisions
relating to the disbursement of moneys from the accounts of the Idaho
Alfalfa and Clover Seed Commission.
                                                                        
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 595
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE ALFALFA AND CLOVER SEED COMMISSION; AMENDING SECTION  22-4203,
  3        IDAHO  CODE, TO STRIKE DEFINITIONS RELATING TO DISTRICTS; AMENDING SECTION
  4        22-4205, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE  COMPOSITION  OF
  5        GROWER  NOMINATING  COMMITTEES APPOINTED BY THE DEPARTMENT OF AGRICULTURE;
  6        AND AMENDING SECTION 22-4215, IDAHO CODE, TO REVISE PROVISIONS RELATING TO
  7        THE DISBURSEMENT OF MONEYS FROM THE ACCOUNTS  OF  THE  IDAHO  ALFALFA  AND
  8        CLOVER COMMISSION.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 22-4203, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        22-4203.  DEFINITIONS. Wherever used or referred to in  this  act,  unless
 13    the context requires otherwise:
 14        (1)  "Commission" means the Idaho alfalfa and clover commission.
 15        (2)  "Grower"  means  any  landowner personally engaged in growing alfalfa
 16    seed or clover seed, a tenant personally engaged in growing  alfalfa  seed  or
 17    clover  seed, or both the owner and the tenant jointly, and includes a person,
 18    partnership,  association,  corporation,  cooperative   organization,   trust,
 19    sharecropper  or  any  and  all other business units, devices and arrangements
 20    that grow alfalfa seed or clover seed.
 21        (3)  "Dealer" means any  person,  partnership,  association,  corporation,
 22    cooperative or other business unit or device that first handles, packs, ships,
 23    buys and sells alfalfa seed or clover seed, or who acts as sales or purchasing
 24    agent, broker or factor of alfalfa seed or clover seed.
 25        (4)  "Handled  in  the  primary channels of trade" means the time when any
 26    alfalfa seed or clover seed is delivered under  a  sales  contract,  sold,  or
 27    delivered for shipment and sale.
 28        (5)  "Ship"  means  to  load  alfalfa seed or clover seed into any mode of
 29    conveyance for transport in the channels of trade or to market.
 30        (6)  "Processor" and "processing plant" mean  every  person,  partnership,
 31    association, corporation, cooperative or other business unit or device to whom
 32    and  every  place to which alfalfa seed or clover seed is delivered for clean-
 33    ing, packing and blending.
 34        (7)  "District No. 1" shall consist of the following counties:  Ada,  Owy-
 35    hee,  Elmore,  Camas,  Blaine, Gooding, Lincoln, Minidoka, Jerome, Twin Falls,
 36    Cassia, Power, Franklin, Oneida,  Bannock,  Bear  Lake,  Caribou,  Bonneville,
 37    Madison, Teton, Jefferson, Fremont, Butte, Clark and Bingham.
 38        (8)  "District  No.  2" shall consist of the following counties: Boundary,
 39    Bonner, Benewah, Shoshone, Kootenai,  Nez  Perce,  Lewis,  Latah,  Clearwater,
 40    Idaho,  Valley, Adams, Boise, Gem, Payette, Washington, Canyon, Lemhi and Cus-
 41    ter.
                                                                        
 42        SECTION 2.  That Section 22-4205, Idaho Code, be, and the same  is  hereby
                                                                        
                                           2
                                                                        
  1    amended to read as follows:
                                                                        
  2        22-4205.  APPOINTMENT  OF NOMINATING COMMITTEE -- PRESENTATION OF NOMINEES
  3    TO ANNUAL MEETING -- TIME AND PLACE OF ANNUAL MEETING. (1) The director of the
  4    department of agriculture shall appoint a grower nominating committee of three
  5    (3) growers, from each district, whose responsibility shall  be  to  select  a
  6    slate  of nominees for vacancies occurring on the commission either by expira-
  7    tion of term or for other reasons a vacancy may occur. Two (2) grower  members
  8    shall  be  nominated by the nominating committee for each vacancy occurring on
  9    the commission membership. The nominations of the nominating  committee  shall
 10    be presented to the annual meeting of alfalfa seed and clover seed growers for
 11    concurrence  in the list of nominees, or for such substitutions to the list as
 12    the annual meeting may make by majority vote. Each member  nominated  for  the
 13    commission  shall  be a resident citizen of the state of Idaho for a period of
 14    four (4) years prior to his election or selection, shall have  active  experi-
 15    ence  in growing alfalfa seed or clover seed and shall be now actually engaged
 16    in growing alfalfa seed or clover seed in Idaho and shall derive a substantial
 17    portion of his income from growing alfalfa seed  or  clover  seed  or  be  the
 18    directing or managing head of a corporation, firm, partnership, or other busi-
 19    ness  unit  which  derives  a  substantial  portion of its income from growing
 20    alfalfa seed or clover seed. To continue  holding  office,  each  member  must
 21    remain  qualified. The governor may remove any member who becomes disqualified
 22    during his term of office or who is unable to carry out his duties.  The  term
 23    of  office of each member of the commission shall terminate on the last day of
 24    June of the year in which the term for which the member was elected ends,  but
 25    each  member  of  the commission shall serve until his respective successor is
 26    elected and has qualified. From such list of nominees, the governor shall des-
 27    ignate and appoint one (1) as a member of the commission. Said annual  meeting
 28    shall  be  held  at a time and place designated by the alfalfa and clover seed
 29    growers association with notification mailed to all alfalfa  seed  and  clover
 30    seed growers in Idaho.
 31        (2)  A  general meeting of the Idaho Eastern Oregon Seed Association shall
 32    nominate two (2) dealers, one (1) of whom shall be appointed as  provided  for
 33    in  this  act by June 30 of each year, and one (1) of whom shall be designated
 34    as alternate.
                                                                        
 35        SECTION 3.  That Section 22-4215, Idaho Code, be, and the same  is  hereby
 36    amended to read as follows:
                                                                        
 37        22-4215.  DEPOSIT  OF ASSESSMENTS -- WITHDRAWAL METHOD -- EXPENSES -- BOND
 38    REQUIRED -- AUDIT. (1) All receipts  for  the  commission  will  be  deposited
 39    within  five  (5)  working  days of being received, all moneys received by the
 40    commission from the assessment levied under section 22-4210, Idaho  Code,  and
 41    all  other  moneys received by the commission shall be deposited in one (1) or
 42    more separate accounts in the name of the commission in one (1) or more  banks
 43    or  trust  companies approved under chapter 27, title 67, Idaho Code, as state
 44    depositories. The commission shall designate such accounts at  such  banks  or
 45    trust companies.
 46        (2) (a)  No  money  shall be withdrawn or paid out of such accounts except
 47        upon order of the commission and upon checks or  other  orders  upon  such
 48        accounts  signed by such member of the commission as the commission desig-
 49        nates. and countersigned by such other member, officer or employee of  the
 50        commission as the commission designates. A receipt, voucher or other writ-
 51        ten  record, showing clearly the nature and items covered by each check or
 52        other order, shall be kept.
                                                                        
                                           3
                                                                        
  1        (b)  All moneys referred to in subsection (1) of  this  section  shall  be
  2        used  by the commission only for the payment of expenses of the commission
  3        in carrying out the powers conferred on the commission.
  4        (c)  The commission may require any commission member or agent or employee
  5        appointed by the commission to give a bond payable to  the  commission  in
  6        the  amount  and with the security and containing the terms and conditions
  7        the commission may prescribe. The cost of such bond is  an  administrative
  8        cost under this act.
  9        (3)  All  moneys  received  or expended by the commission shall be audited
 10    every second year, but shall address each year separately, by a certified pub-
 11    lic accountant designated by the commission, who shall furnish a copy of  such
 12    audit  to  the director of legislative services and to the senate agricultural
 13    affairs committee and the house  agricultural  affairs  committee.  The  audit
 14    shall  be  completed within ninety (90) days following the close of the fiscal
 15    year. The right is reserved to the state of Idaho to audit all  funds  of  the
 16    commission at any time.

Statement of Purpose / Fiscal Impact



                   STATEMENT OF PURPOSE

                        RS 15755C1     

Legislative auditors have indicated that it is no longer
necessary for small commodity commissions to require two (2)
signatures on checking accounts.  The Alfalfa and Clover Seed
Commission requires action by the commission to withdraw or pay
out of any accounts.  These accounts are audited by legislative
auditors.  In some instances members of the commissions are some
distance apart and it is difficult to obtain two (2) signatures.


                       FISCAL IMPACT


There is no impact to the general fund.





Contact
Name: Rep. Darrell Bolz 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 595