Print Friendly 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
]]]] 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-
42 SECTION 2. That Section 22-4205, Idaho Code, be, and the same is hereby
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.
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
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.
There is no impact to the general fund.
Name: Rep. Darrell Bolz
STATEMENT OF PURPOSE/FISCAL NOTE H 595