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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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-35hee, Elmore, Camas, Blaine, Gooding, Lincoln, Minidoka, Jerome, Twin Falls,36Cassia, Power, Franklin, Oneida, Bannock, Bear Lake, Caribou, Bonneville,37Madison, Teton, Jefferson, Fremont, Butte, Clark and Bingham.38(8) "District No. 2" shall consist of the following counties: Boundary,39Bonner, Benewah, Shoshone, Kootenai, Nez Perce, Lewis, Latah, Clearwater,40Idaho, Valley, Adams, Boise, Gem, Payette, Washington, Canyon, Lemhi and Cus-41ter.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 the50commission 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 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