2007 Legislation
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HOUSE BILL NO. 156 – Oilseed Research/Development Act

HOUSE BILL NO. 156

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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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN 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
 24            CANOLA AND RAPESEED IDAHO 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. This act chapter 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    The canola and rapeseed oilseed 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 this act chapter 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  Idaho  canola  and  rapeseed oilseed industry, to expand
  7    existing markets, and to develop new markets for canola and  rapeseed  oilseed
  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 this act  chapter,  unless  the  context
 12    requires otherwise:
 13        (1)  "Canola  or  rapeseed"  or  "canola  and rapeseed" means Brassica Sp.
 14    oilseeds, produced for use as oil, meal, planting seed,  condiment,  or  other
 15    industrial or chemurgic uses, and includes mustard.
 16        (2)  "Commercial  channels" means the sale of the seed of canola, rapeseed
 17    and mustard oilseeds 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 any  canola,  rapeseed  or  mustard
 20    oilseed or any product produced from  canola, rapeseed or mustard oilseed.
 21        (32)  "Commission" means the Idaho canola and rapeseed oilseed commission.
 22        (43)  "Delivery" means placing of canola, rapeseed or mustard oilseed 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 mustard oilseed in this
 27    state in the first instance, or any lienholder, public or  private,  including
 28    the  commodity credit corporation, who may possess canola, rapeseed or mustard
 29    oilseed from the grower under any lien.
 30        (65)  "Grower" means any landowner, or tenant of the landowner,    person-
 31    ally engaged in growing canola, rapeseed or mustard oilseed, 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 of canola, rapeseed
 38    or mustard oilseed for sale after harvest to any person, public or private.
 39        (8)  "Seller" means any person or entity, including growers, who sells ca-
 40    nola, rapeseed or mustard oilseed 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 RAPESEED IDAHO OILSEED COMMISSION CREATED -- MEMBERS.
 44    There  is  hereby  created and established in the department of self-governing
 45    agencies the Idaho canola and rapeseed a 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)  from
 49    the  southern  district, and one (1) at-large member. Commission members shall
 50    be appointed by the governor from a list of names consisting of at least three
 51    (3) names for each appointive position. The list of names shall be provided to
                                                                        
                                       3
                                                                        
  1    the governor by the pacific northwest rapeseed/canola association, inc., a ca-
  2    nola and rapeseed grower association representing canola and rapeseed  growers
  3    throughout  at 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 supporting canola or rapeseed oilseed 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 be an ex 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  of canola or rapeseed oilseed 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 growing canola or
 22    rapeseed oilseed in the state of Idaho. There shall be two (2) production dis-
 23    tricts from which members shall be appointed:   the  northern  district  being
 24    that  portion  of  the state lying north of the Salmon River; and the southern
 25    district being that portion lying south of the Salmon River.  There  shall  be
 26    one  (1) member appointed from each district, and one (1) member appointed at-
 27    large 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 the canola
 34    and rapeseed commission'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 this act chapter.
 40        (2)  In  the  administration of this act chapter, the commission shall, in
 41    conjunction 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 for canola or rapeseed  and  canola  or  rapeseed
 45        oilseed and oilseed products.
 46        (c)  To  give,  publicize  and promulgate reliable information showing the
 47        value of canola or rapeseed and canola or  rapeseed  oilseed  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 of canola  and  rapeseed  and  canola  and
  2        rapeseed oilseed and oilseed products produced from all varieties of cano-
  3        la and rapeseed oilseed grown in Idaho.
  4        (e)  To investigate and participate in studies of the problems peculiar to
  5        the growers of canola and rapeseed oilseed 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 the canola and rapeseed oilseed 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 this act chapter.
 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 this act chapter.
 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  this  act  chapter,  information
 36        obtained from books, records, and accounts required to  be  maintained  by
 37        this act chapter and pertaining to individual production records of canola
 38        or  rapeseed  oilseed 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    Idaho canola and rapeseed oilseed 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 this act chapter.
                                                                        
 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
  3    act chapter, the administrator, upon recommendation of the  commission,  shall
  4    establish  and maintain an office for the administrator. within the geographic
  5    area 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 all canola or rapeseed oilseed sold or  contracted  in  this
 11    state  through commercial channels. The tax shall be due on or before the time
 12    when the canola or rapeseed oilseed 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 the canola or rapeseed oilseed 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  the  canola  or  rapeseed  oilseed  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 the canola or rapeseed oilseed is pledged or mortgaged.  The tax
 24    shall be deducted as provided in this section whether the canola  or  rapeseed
 25    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  the canola or rapeseed oilseed, 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 same canola or rape-
 42    seed oilseed.  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 sold canola or rapeseed oilseed 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 this act chapter 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 of canola or rapeseed oilseed 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 this act chapter 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  this  act chapter shall be paid into the
 33    "Idaho canola and rapeseed oilseed 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  Idaho  canola  and
 49    rapeseed  oilseed  commission  and  pertaining  to  the  individual production
 50    records of canola or rapeseed oilseed 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 / Fiscal Impact



                       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