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H0156...............................................by AGRICULTURAL AFFAIRS OILSEED RESEARCH AND DEVELOPMENT - Amends existing law to provide for the Idaho Oilseed Research and Development Act; to replace references to canola and rapeseed with references to oilseed; and to revise provisions relating to the Idaho Oilseed Commission. 02/09 House intro - 1st rdg - to printing 02/12 Rpt prt - to Agric Aff 02/15 Rpt out - rec d/p - to 2nd rdg 02/16 2nd rdg - to 3rd rdg 02/20 3rd rdg - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Jaquet, Roberts Floor Sponsor - Bolz Title apvd - to Senate 02/21 Senate intro - 1st rdg - to Agric Aff 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- Gannon, Schroeder Floor Sponsor - Corder Title apvd - to House 03/07 To enrol 03/08 Rpt enrol - Sp signed 03/09 Pres signed - To Governor 03/12 Governor signed Session Law Chapter 60 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 156 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO OILSEED; AMENDING THE HEADING FOR CHAPTER 47, TITLE 22, IDAHO 3 CODE; AMENDING SECTION 22-4701, IDAHO CODE, TO REVISE SHORT TITLE PROVI- 4 SIONS; AMENDING SECTION 22-4702, IDAHO CODE, TO REVISE PROVISIONS RELATING 5 TO THE DECLARATION OF LEGISLATIVE POLICY AND PURPOSE; AMENDING SECTION 6 22-4703, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION 22-4704, 7 IDAHO CODE, TO REVISE COMMISSION PROVISIONS; AMENDING SECTION 22-4705, 8 IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE QUALIFICATION OF COMMIS- 9 SION MEMBERS; AMENDING SECTION 22-4708, IDAHO CODE, TO PROVIDE CORRECT 10 TERMINOLOGY; AMENDING SECTION 22-4710, IDAHO CODE, TO REVISE PROVISIONS 11 RELATING TO THE DUTIES AND POWERS OF THE COMMISSION AND TO MAKE TECHNICAL 12 CORRECTIONS; AMENDING SECTION 22-4711, IDAHO CODE, TO PROVIDE CORRECT TER- 13 MINOLOGY; AMENDING SECTION 22-4714, IDAHO CODE, TO REVISE PROVISIONS 14 RELATING TO THE OFFICE OF THE ADMINISTRATOR; AMENDING SECTION 22-4716, 15 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 22-4718, 16 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 22-4719, 17 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 22-4722, 18 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AND AMENDING SECTION 9-340D, 19 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY. 20 Be It Enacted by the Legislature of the State of Idaho: 21 SECTION 1. That the Heading for Chapter 47, Title 22, Idaho Code, be, and 22 the same is hereby amended to read as follows: 23 CHAPTER 47 24CANOLA AND RAPESEEDIDAHO OILSEED RESEARCH AND DEVELOPMENT ACT 25 SECTION 2. That Section 22-4701, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 22-4701. SHORT TITLE. Thisactchapter shall be known and may be cited as 28 the"Canola and Rapeseed"Oilseed Research and Development Act." 29 SECTION 3. That Section 22-4702, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 22-4702. DECLARATION OF LEGISLATIVE POLICY AND PURPOSE.OF ACT.It is in 32 the best interests of the state of Idaho that its abundant natural resources 33 be efficiently used and effectively managed for the benefit of its citizens. 34 Thecanola and rapeseedoilseed industry is rapidly developing and signifi- 35 cantly contributing to the economic welfare of Idaho. The products provided 36 are an important and nutritious part of the human diet. Domestic demand 37 exceeds what is produced in the United States. Moreover, the world market for 38 oilseeds continues to expand. Idaho farmers are in an excellent position to 39 take advantage of this demand. The university of Idaho leads the nation in 2 1 research on canola and rapeseed. The research effort is critical to the 2 competitiveness of Idaho growers and must be expanded and enhanced. It is the 3 purpose of thisactchapter to promote the public health and welfare of the 4 citizens of the state by implementing a program of research, promotion, and 5 consumer and industry information designed to strengthen the position in the 6 marketplace of the Idahocanola and rapeseedoilseed industry, to expand 7 existing markets, and to develop new markets forcanola and rapeseedoilseed 8 and their products. 9 SECTION 4. That Section 22-4703, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 22-4703. DEFINITIONS. As used in thisactchapter, unless the context 12 requires otherwise: 13 (1)"Canola or rapeseed" or "canola and rapeseed" means Brassica Sp.14oilseeds, produced for use as oil, meal, planting seed, condiment, or other15industrial or chemurgic uses, and includes mustard.16(2)"Commercial channels" means the sale ofthe seed of canola, rapeseed17and mustardoilseeds for food, feed, seed, or any industrial or chemurgic use, 18 when sold to any commercial buyer, user, dealer, processor, cooperative, or to 19 any person, public or private, who resells anycanola, rapeseed or mustard20 oilseed or any product produced fromcanola, rapeseed or mustardoilseed. 21 (32) "Commission" means the Idahocanola and rapeseedoilseed commission. 22 (43) "Delivery" means placing ofcanola, rapeseed or mustardoilseed into 23 the primary channels of trade. 24 (54) "First purchaser" means any person, partnership, association, corpo- 25 ration, cooperative, trust, estate, or any and all other business units, 26 devices and arrangements that buys canola, rapeseed or mustardoilseed in this 27 state in the first instance, or any lienholder, public or private, including 28 the commodity credit corporation, who may possesscanola, rapeseed or mustard29 oilseed from the grower under any lien. 30 (65) "Grower" means any landowner, or tenant of the landowner, person- 31 ally engaged in growingcanola, rapeseed or mustardoilseed, or both the owner 32 and tenant jointly, and includes a person, partnership, association, corpora- 33 tion, cooperative, trust, estate, sharecropper, or any and all other business 34 units, devices and arrangements. 35 (6) "Oilseed" means seeds produced for use as oil, meal, planting seed, 36 condiment, or other industrial or chemurgic uses. 37 (7) "Sale" includes any pledge, mortgage, or delivery ofcanola, rapeseed38or mustardoilseed for sale after harvest to any person, public or private. 39 (8) "Seller" means any person or entity, including growers, who sellsca-40nola, rapeseed or mustardoilseed in the first instance. 41 SECTION 5. That Section 22-4704, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 22-4704.CANOLA AND RAPESEEDIDAHO OILSEED COMMISSION CREATED -- MEMBERS. 44 There is hereby created and established in the department of self-governing 45 agenciesthe Idaho canola and rapeseeda commission which shall be exclusively 46 known and referred to as the Idaho oilseed commission on and after the effec- 47 tive date of this act. The commission shall be composed of three (3) members 48 appointed by the governor, one (1) from the northern district, one (1) from49the southern district, and one (1) at-large member. Commission members shall50be appointed by the governor from a list of names consisting of at least three51(3) names for each appointive position. The list of names shall be provided to3 1the governor by the pacific northwest rapeseed/canola association, inc., a ca-2nola and rapeseed grower association representing canola and rapeseed growers3throughoutat the recommendation of a representative group of oilseed growers 4 in the state of Idaho. Commission members appointed by the governor shall hold 5 office for a term of three (3) years. The commissioners may appoint a repre- 6 sentative from the supportingcanola or rapeseedoilseed industry, who is not 7 a grower, to serve as an ex officio member of the commission without voting 8 privileges. The dean of the college of agriculture, university of Idaho, or 9 his duly authorized representative, and the director of the department of 10 agriculture shall also beanex officio members of the commission without vot- 11 ing privileges. 12 SECTION 6. That Section 22-4705, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 22-4705. QUALIFICATION OF MEMBERS. Members of the commission shall be 15 nominated and appointed because of their ability and willingness to serve the 16 interests of the state of Idaho and their knowledge of the state's natural 17 resources. Members shall be citizens of the United States, over twenty-five 18 (25) years of age, and residents of the state of Idaho who are actually 19 engaged in the growing ofcanola or rapeseedoilseed in the state and have 20 been for at least the three (3) years immediately preceding appointment. Mem- 21 bers must derive a substantial portion of their income from growingcanola or22rapeseedoilseed in the state of Idaho.There shall be two (2) production dis-23tricts from which members shall be appointed: the northern district being24that portion of the state lying north of the Salmon River; and the southern25district being that portion lying south of the Salmon River. There shall be26one (1) member appointed from each district, and one (1) member appointed at-27large from either district.28 SECTION 7. That Section 22-4708, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 22-4708. CHAIRMAN AND ADMINISTRATOR OF COMMISSION. The commission shall 31 elect a chairman who is a commission member and may employ an administrator 32 who is not a member of the commission, or may contract with another state 33 agricultural commission or similar agency for the administration of thecanola34and rapeseedcommission's business. 35 SECTION 8. That Section 22-4710, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 22-4710. DUTIES AND POWERS OF THE COMMISSION. (1) The commission shall 38 establish the policies to be followed in the accomplishment of and consistent 39 with the general purposes of thisactchapter. 40 (2) In the administration of thisactchapter, the commission shall, in41conjunction with the pacific northwest rapeseed/canola association, inc.,have 42 the following duties, authorities and powers: 43 (a) To conduct a campaign of research, education and publicity. 44 (b) To find new markets forcanola or rapeseed and canola or rapeseed45 oilseed and oilseed products. 46 (c) To give, publicize and promulgate reliable information showing the 47 value ofcanola or rapeseed and canola or rapeseedoilseed and oilseed 48 products for any purpose for which they are found useful and profitable. 49 (d) To make public and encourage the widespread national and interna- 4 1 tional use of the special kinds ofcanola and rapeseed and canola and2rapeseedoilseed and oilseed products produced from all varieties ofcano-3la and rapeseedoilseed grown in Idaho. 4 (e) To investigate and participate in studies of the problems peculiar to 5 the growers ofcanola and rapeseedoilseed in Idaho. 6 (3) The commission shall have the duty, power and authority: 7 (a) To take action as the commission deems necessary or advisable to sta- 8 bilize and protect thecanola and rapeseedoilseed industry of the state 9 and the health and welfare of the public. 10 (b) To sue and be sued. 11 (c) To enter into contracts as may be necessary or advisable. 12 (d) To appoint and employ officers, agents and other personnel, including 13 experts in agriculture and the publicizing of agricultural products, and 14 to prescribe their duties and fix their compensation. 15 (e) To advertise as the commission deems advisable and to enter into con- 16 tracts and agreements for research and advertising within and without the 17 state. 18 (f) To cooperate with any local, state, or national organization or 19 agency, whether voluntary or created by the law of any state or by federal 20 law, engaged in work or activities similar to the work and activities of 21 the commission, and to enter into contracts and agreements with those 22 organizations or agencies for carrying on joint campaigns of research, 23 education, publicity and reciprocal enforcement. 24 (g) To lease, purchase or own the real or personal property deemed neces- 25 sary in the administration of thisactchapter. 26 (h) To prosecute in the name of the state of Idaho any suit or action for 27 collection of the tax or assessment provided for in thisactchapter. 28 (i) To adopt, rescind, modify and amend all necessary and proper orders, 29 resolutions and rules for the procedures and exercise of its powers and 30 the performance of its duties. 31 (j) To incur indebtedness and carry on all business activities. 32 (k) To keep books and records and accounts of all its doings, which 33 books, records and accounts shall be open to inspection by the state con- 34 troller at all times. 35 (l) Except as otherwise provided in thisactchapter, information 36 obtained from books, records, and accounts required to be maintained by 37 thisactchapter and pertaining to individual production records ofcanola38or rapeseedoilseed growers shall be kept confidential, and shall not be 39 disclosed to the public by any person. 40 SECTION 9. That Section 22-4711, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 22-4711. COMMISSION ACCEPTING GRANTS, DONATIONS AND GIFTS. The commission 43 may accept grants, donations and gifts of funds from any source for expendi- 44 ture for any purpose consistent with this chapter which may be specified as a 45 condition of any grant, donation or gift. All funds received under the provi- 46 sions of this chapter shall be paid into a bank account in the name of the 47 Idahocanola and rapeseedoilseed commission and such moneys are hereby con- 48 tinuously appropriated and made available for defraying the expenses of the 49 commission in carrying out the provisions of thisactchapter. 50 SECTION 10. That Section 22-4714, Idaho Code, be, and the same is hereby 51 amended to read as follows: 5 1 22-4714. ESTABLISHMENT OF ADMINISTRATOR'S OFFICE. For the convenience of 2 the majority of those most likely to be affected in the administration of this 3actchapter, the administrator, upon recommendation of the commission, shall 4 establish and maintain an office for the administrator.within the geographic5area served by the pacific northwest rapeseed/canola association, inc.6 SECTION 11. That Section 22-4716, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 22-4716. IMPOSITION OF TAX -- LATE FEES. (1) From and after the first day 9 of July 1996, there is hereby levied and imposed a tax of ten cents (10¢) per 10 hundred weight on allcanola or rapeseedoilseed sold or contracted in this 11 state through commercial channels. The tax shall be due on or before the time 12 when thecanola or rapeseedoilseed is first sold or contracted in the commer- 13 cial channels in this state and shall be paid at the times the commission may 14 by rule prescribe, but not later than the 15th day of the month next succeed- 15 ing the three (3) month period in which thecanola or rapeseedoilseed is sold 16 or contracted in commercial channels. The commission shall designate the quar- 17 ters (three (3) month periods) for the purpose of collection of this tax. 18 (2) The tax shall be levied and assessed to the seller at the time of 19 delivery for sale and shall be deducted by the first purchaser from the price 20 paid to the seller at the time of sale, or in case of a lienholder who may 21 possess thecanola or rapeseedoilseed under his lien, the tax shall be 22 deducted by the lienholder from the proceeds of the claim secured by the lien 23 at the time thecanola or rapeseedoilseed is pledged or mortgaged. The tax 24 shall be deducted as provided in this section whether thecanola or rapeseed25 oilseed is stored in this state or elsewhere. The commission may, however, 26 permit any federal corporation, such as the commodity credit corporation, to 27 waive its responsibility for the collection of the tax, provided the amount of 28 the tax is one dollar ($1.00) or less. 29 (3) The tax constitutes a lien prior to all other liens and encumbrances 30 upon thecanola or rapeseedoilseed, except liens which are declared prior by 31 operation of a statute of this state. 32 (4) Any person or firm who pays taxes to the commission at a date later 33 than that prescribed in this section may be subject to assessment of a late 34 payment penalty as set forth by rule of the commission. The penalty shall not 35 exceed the rate of eighteen percent (18%) per annum on the amount due. In 36 addition to the penalty, the commission may recover all costs and fees, 37 including reasonable attorney's fees, incurred in collecting the tax and pen- 38 alty provided for in this section. 39 (5) A sale shall be exempt from the tax imposed in this section if a sub- 40 stantially similar tax is imposed by and paid to another state or foreign 41 country and used for similar purposes with respect to the samecanola or rape-42seedoilseed. The commission shall, by rule, identify what other taxes are 43 substantially similar and are used for similar purposes, and shall establish 44 procedures for sellers to prove the payment of the other taxes. 45 SECTION 12. That Section 22-4718, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 22-4718. REFERENDUM. (1) During the period ending thirty (30) months 48 after July 1, 1996, the commission shall conduct a referendum among sellers 49 who, during a representative period as determined by the rules of the commis- 50 sion, have soldcanola or rapeseedoilseed for the purpose of ascertaining 51 whether the commission shall continue. 6 1 (2) Notice shall be given to sellers eligible to vote in the referendum 2 in accordance with rules established by the commission. 3 (3) If a majority of the eligible sellers approve, the commission will be 4 continued and the refund provisions will be terminated. 5 (4) If a majority of eligible sellers do not approve to continue the com- 6 mission, collection of the tax under thisactchapter shall be terminated. 7 (5) If a majority of the eligible sellers approve of continuing the com- 8 mission in the original referendum, at intervals of five (5) years, the com- 9 mission shall conduct an advisory poll of qualified sellers as to the effec- 10 tiveness and continuation of the commission. 11 SECTION 13. That Section 22-4719, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 22-4719. DELIVERY OF INVOICES TO SELLERS. (1) The purchaser, at the time 14 of settlement, shall make and deliver separate invoices for each purchase to 15 the seller. 16 (2) The invoices shall be on forms and in such numbers as prescribed and 17 supplied by the commission and shall show at least: 18 (a) The name and address of the seller. 19 (b) The name and address of the purchaser. 20 (c) The number of pounds ofcanola or rapeseedoilseed sold. 21 (d) The date of purchase. 22 (3) The invoices shall be legibly written and shall have no corrections 23 or erasures on the face thereof. 24 (4) Unlawful or willful alteration of an invoice shall constitute a mis- 25 demeanor. 26 SECTION 14. That Section 22-4722, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 22-4722. PENALTIES. Any person who shall violate or aid in the violation 29 of any of the provisions of thisactchapter shall be guilty of a misdemeanor 30 and upon conviction shall be punished by a fine of not more than three hundred 31 dollars ($300), or imprisonment not to exceed ninety (90) days, or both. 32 Fines collected for violation of thisactchapter shall be paid into the 33 "Idahocanola and rapeseedoilseed commission fund." 34 SECTION 15. That Section 9-340D, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 9-340D. RECORDS EXEMPT FROM DISCLOSURE -- TRADE SECRETS, PRODUCTION 37 RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are 38 exempt from disclosure: 39 (1) Trade secrets including those contained in response to public agency 40 or independent public body corporate and politic requests for proposal, 41 requests for clarification, requests for information and similar requests. 42 "Trade secrets" as used in this section means information, including a for- 43 mula, pattern, compilation, program, computer program, device, method, tech- 44 nique, process, or unpublished or in progress research that: 45 (a) Derives independent economic value, actual or potential, from not 46 being generally known to, and not being readily ascertainable by proper 47 means by other persons who can obtain economic value from its disclosure 48 or use; and 49 (b) Is the subject of efforts that are reasonable under the circumstances 7 1 to maintain its secrecy. 2 (2) Production records, housing production, rental and financing records, 3 sale or purchase records, catch records, mortgage portfolio loan documents, or 4 similar business records of a private concern or enterprise required by law to 5 be submitted to or inspected by a public agency or submitted to or otherwise 6 obtained by an independent public body corporate and politic. Nothing in this 7 subsection shall limit the use which can be made of such information for regu- 8 latory purposes or its admissibility in any enforcement proceeding. 9 (3) Records relating to the appraisal of real property, timber or mineral 10 rights prior to its acquisition, sale or lease by a public agency or indepen- 11 dent public body corporate and politic. 12 (4) Any estimate prepared by a public agency or independent public body 13 corporate and politic that details the cost of a public project until such 14 time as disclosed or bids are opened, or upon award of the contract for con- 15 struction of the public project. 16 (5) Examination, operating or condition reports and all documents relat- 17 ing thereto, prepared by or supplied to any public agency or independent pub- 18 lic body corporate and politic responsible for the regulation or supervision 19 of financial institutions including, but not limited to, banks, savings and 20 loan associations, regulated lenders, business and industrial development cor- 21 porations, credit unions, and insurance companies, or for the regulation or 22 supervision of the issuance of securities. 23 (6) Records gathered by a local agency or the Idaho department of com- 24 merce, as described in chapter 47, title 67, Idaho Code, for the specific pur- 25 pose of assisting a person to locate, maintain, invest in, or expand business 26 operations in the state of Idaho. 27 (7) Shipping and marketing records of commodity commissions used to eval- 28 uate marketing and advertising strategies and the names and addresses of 29 growers and shippers maintained by commodity commissions. 30 (8) Financial statements and business information and reports submitted 31 by a legal entity to a port district organized under title 70, Idaho Code, in 32 connection with a business agreement, or with a development proposal or with a 33 financing application for any industrial, manufacturing, or other business 34 activity within a port district. 35 (9) Names and addresses of seed companies, seed crop growers, seed crop 36 consignees, locations of seed crop fields, variety name and acreage by vari- 37 ety. Upon the request of the owner of the proprietary variety, this informa- 38 tion shall be released to the owner. Provided however, that if a seed crop has 39 been identified as diseased or has been otherwise identified by the Idaho 40 department of agriculture, other state departments of agriculture, or the 41 United States department of agriculture to represent a threat to that particu- 42 lar seed or commercial crop industry or to individual growers, information as 43 to test results, location, acreage involved and disease symptoms of that par- 44 ticular seed crop, for that growing season, shall be available for public 45 inspection and copying. This exemption shall not supersede the provisions of 46 section 22-436, Idaho Code. 47 (10) Information obtained from books, records and accounts required in 48 chapter 47, title 22, Idaho Code, to be maintained by the Idahocanola and49rapeseedoilseed commission and pertaining to the individual production 50 records ofcanola or rapeseedoilseed growers. 51 (11) Records of any risk retention or self-insurance program prepared in 52 anticipation of litigation or for analysis of or settlement of potential or 53 actual money damage claims against a public entity and its employees or 54 against the industrial special indemnity fund except as otherwise discoverable 55 under the Idaho or federal rules of civil procedure. These records shall 8 1 include, but are not limited to, claims evaluations, investigatory records, 2 computerized reports of losses, case reserves, internal documents and corre- 3 spondence relating thereto. At the time any claim is concluded, only statisti- 4 cal data and actual amounts paid in settlement shall be deemed a public record 5 unless otherwise ordered to be sealed by a court of competent jurisdiction. 6 Provided however, nothing in this subsection is intended to limit the attorney 7 client privilege or attorney work product privilege otherwise available to any 8 public agency or independent public body corporate and politic. 9 (12) Records of laboratory test results provided by or retained by the 10 Idaho food quality assurance laboratory. Nothing in this subsection shall 11 limit the use which can be made, or availability of such information if used, 12 for regulatory purposes or its admissibility in any enforcement proceeding. 13 (13) Reports required to be filed under chapter 13, title 62, Idaho Code, 14 identifying electrical or natural or manufactured gas consumption data for an 15 individual customer or account. 16 (14) Voluntarily prepared environmental audits, and voluntary disclosures 17 of information submitted on or before December 31, 1997, to an environmental 18 agency as defined in section 9-803, Idaho Code, which are claimed to be confi- 19 dential business information. 20 (15) Computer programs developed or purchased by or for any public agency 21 or independent public body corporate and politic for its own use. As used in 22 this subsection, "computer program" means a series of instructions or state- 23 ments which permit the functioning of a computer system in a manner designed 24 to provide storage, retrieval and manipulation of data from the computer sys- 25 tem, and any associated documentation and source material that explain how to 26 operate the computer program. Computer program does not include: 27 (a) The original data including, but not limited to, numbers, text, 28 voice, graphics and images; 29 (b) Analysis, compilation and other manipulated forms of the original 30 data produced by use of the program; or 31 (c) The mathematical or statistical formulas that would be used if the 32 manipulated forms of the original data were to be produced manually. 33 (16) Active investigative records and trademark usage audits of the Idaho 34 potato commission specifically relating to the enforcement of chapter 12, 35 title 22, Idaho Code, until the commencement of formal proceedings as provided 36 by rules of the commission; purchase and sales information submitted to the 37 Idaho potato commission during a trademark usage audit, and investigation or 38 enforcement proceedings. Inactive investigatory records shall be disclosed 39 unless the disclosure would violate the standards set forth in subsections 40 (1)(a) through (f) of section 9-335, Idaho Code. Nothing in this subsection 41 shall limit the use which can be made, or availability of such information if 42 used, for regulatory purposes or its admissibility in any enforcement proceed- 43 ing. 44 (17) All records copied or obtained by the director of the department of 45 agriculture or his designee as a result of an inspection pursuant to section 46 25-3806, Idaho Code, except: 47 (a) Records otherwise deemed to be public records not exempt from disclo- 48 sure pursuant to this chapter; and 49 (b) Inspection reports, determinations of compliance or noncompliance and 50 all other records created by the director or his designee pursuant to sec- 51 tion 25-3806, Idaho Code. 52 (18) All data and information collected by the division of animal indus- 53 tries or the state brand board pursuant to the provisions of section 25-207B, 54 Idaho Code, or rules promulgated thereunder. 55 (19) Records disclosed to a county official by the state tax commission 9 1 pursuant to subsection (4)(c) of section 63-3029B, Idaho Code. 2 (20) Records, data, information and materials collected, developed, gener- 3 ated, ascertained or discovered during the course of academic research at pub- 4 lic institutions of higher education if the disclosure of such could reason- 5 ably affect the conduct or outcome of the research, or the ability of the pub- 6 lic institution of higher education to patent or copyright the research or 7 protect intellectual property. 8 (21) Records, data, information and materials collected or utilized during 9 the course of academic research at public institutions of higher education 10 provided by any person or entity other than the public institution of higher 11 education or a public agency. 12 (22) The exemptions from disclosure provided in subsections (20) and (21) 13 of this section shall apply only until the academic research is publicly 14 released, copyrighted or patented, or until the academic research is completed 15 or terminated. At such time, the records, data, information, and materials 16 shall be subject to public disclosure unless: (a) another exemption in this 17 chapter applies; (b) such information was provided to the institution subject 18 to a written agreement of confidentiality; or (c) public disclosure would pose 19 a danger to persons or property. 20 (23) The exemptions from disclosure provided in subsections (20) and (21) 21 of this section do not include basic information about a particular research 22 project that is otherwise subject to public disclosure, such as the nature of 23 the academic research, the name of the researcher, and the amount and source 24 of the funding provided for the project. 25 (24) Records of a county assessor containing information showing the 26 income and expenses of a taxpayer, which information was provided to the 27 assessor by the taxpayer to permit the assessor to determine the value of 28 property of the taxpayer.
STATEMENT OF PURPOSE RS 16958C1 This legislation changes the name of the Canola and Rapeseed Research and Development act to Idaho Oilseed Research and Development Act, adds and changes definitions, adds a member to the commission, and makes changes the production districts. FISCAL IMPACT There is no fiscal to the General Fund. Contact Name: Rep. Darrell Bolz Phone: 322-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 156