Print Friendly 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.
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
]]]] 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
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 buy s 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
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-
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
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:
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.
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-
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
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
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-
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
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
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.
There is no fiscal to the General Fund.
Name: Rep. Darrell Bolz
STATEMENT OF PURPOSE/FISCAL NOTE H 156