2008 Legislation
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SENATE BILL NO. 1391<br /> – Domestic cervidae council

SENATE BILL NO. 1391

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S1391...............................................by AGRICULTURAL AFFAIRS
DOMESTIC CERVIDAE - Adds to existing law relating to domestic cervidae to
provide for the Domestic Cervidae Council; to provide for qualifications of
council members; to provide for assessments; and to provide that designated
provisions shall be known as the Domestic Cervidae Promotion Assessment
Act.

02/08    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Agric Aff

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1391

                             BY AGRICULTURAL AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO DOMESTIC CERVIDAE; AMENDING CHAPTER 37, TITLE 25, IDAHO  CODE,  BY
  3        THE  ADDITION  OF A NEW SECTION 25-3710, IDAHO CODE, TO DECLARE A PURPOSE;
  4        AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A  NEW  SEC-
  5        TION  25-3711,  IDAHO  CODE, TO PROVIDE FOR THE DOMESTIC CERVIDAE COUNCIL;
  6        AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A  NEW  SEC-
  7        TION 25-3712, IDAHO CODE, TO PROVIDE FOR QUALIFICATIONS OF COUNCIL MEMBERS
  8        AND  TO  PROVIDE  FOR  REMOVAL  OF MEMBERS; AMENDING CHAPTER 37, TITLE 25,
  9        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-3713, IDAHO CODE, TO  PRO-
 10        VIDE  FOR  TERMS OF MEMBERS AND TO PROVIDE FOR VACANCIES; AMENDING CHAPTER
 11        37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-3714,  IDAHO
 12        CODE, TO PROVIDE FOR COUNCIL OFFICERS, TO PROVIDE FOR MEETINGS AND TO PRO-
 13        VIDE  FOR  COMPENSATION; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE
 14        ADDITION OF A NEW SECTION 25-3715, IDAHO CODE, TO DEFINE  TERMS;  AMENDING
 15        CHAPTER  37,  TITLE  25,  IDAHO  CODE,  BY  THE  ADDITION OF A NEW SECTION
 16        25-3716, IDAHO CODE, TO PROVIDE FOR THE DUTIES, AUTHORITIES AND POWERS  OF
 17        THE COUNCIL; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF
 18        A  NEW  SECTION  25-3717, IDAHO CODE, TO PROVIDE FOR ASSESSMENTS; AMENDING
 19        CHAPTER 37, TITLE 25, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
 20        25-3718,  IDAHO CODE, TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF FUNDS
 21        AND TO AUTHORIZE THE STATE TO AUDIT FUNDS AT ANY  TIME;  AMENDING  CHAPTER
 22        37,  TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-3719, IDAHO
 23        CODE, TO PROVIDE THAT CERTAIN PERSONS SHALL  BE  BONDED,  TO  PROVIDE  FOR
 24        RECORDS  AND  TO PROVIDE FOR ANNUAL AUDITS; AMENDING CHAPTER 37, TITLE 25,
 25        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-3720, IDAHO CODE, TO  PRO-
 26        VIDE  THAT FAILURE OR REFUSAL TO PAY ASSESSMENTS SHALL CONSTITUTE A MISDE-
 27        MEANOR; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE  ADDITION  OF  A
 28        NEW  SECTION  25-3721,  IDAHO  CODE, TO PROVIDE THAT DESIGNATED PROVISIONS
 29        SHALL BE KNOWN AS THE DOMESTIC  CERVIDAE  PROMOTION  ASSESSMENT  ACT;  AND
 30        AMENDING SECTION 25-3701, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY.

 31    Be It Enacted by the Legislature of the State of Idaho:

 32        SECTION  1.  That  Chapter  37,  Title 25, Idaho Code, be, and the same is
 33    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 34    ignated as Section 25-3710, Idaho Code, and to read as follows:

 35        25-3710.  DECLARATION  OF  PURPOSE.  It  is in the public interest for the
 36    state of Idaho to enable producers of domestic cervidae to  assess  themselves
 37    in  order  to raise funds to promote and preserve the domestic cervidae indus-
 38    try.

 39        SECTION 2.  That Chapter 37, Title 25, Idaho Code, be,  and  the  same  is
 40    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 41    ignated as Section 25-3711, Idaho Code, and to read as follows:

                                       2

  1        25-3711.  DOMESTIC CERVIDAE COUNCIL CREATED. There is hereby  created  the
  2    Idaho domestic cervidae council, which shall be composed of the seven (7) mem-
  3    bers of the board of directors of the Idaho elk breeders association.

  4        SECTION  3.  That  Chapter  37,  Title 25, Idaho Code, be, and the same is
  5    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  6    ignated as Section 25-3712, Idaho Code, and to read as follows:

  7        25-3712.  MEMBERS -- QUALIFICATIONS. Each member of the council shall be a
  8    citizen  of  the United States and a bona fide resident of the state of Idaho,
  9    an elected board member in good standing of the Idaho elk breeders association
 10    and shall be an owner in an Idaho domestic cervidae business.  The  qualifica-
 11    tions  of  each member shall remain in effect during the entire term of office
 12    or the office shall be declared vacant by the chairman  of  the  council.  The
 13    majority  of  the council shall have the power to remove any council member at
 14    will.

 15        SECTION 4.  That Chapter 37, Title 25, Idaho Code, be,  and  the  same  is
 16    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 17    ignated as Section 25-3713, Idaho Code, and to read as follows:

 18        25-3713.  MEMBERS -- TERMS. All members of the council shall serve as long
 19    as they remain board members of the Idaho elk breeders  association  and  have
 20    not  been  removed  from  the council or the board. Vacancies in any unexpired
 21    term shall be filled by the chairman of the council for the remainder  of  the
 22    unexpired  term.  The member appointed to fill the vacancy shall represent the
 23    same interests as the person whose office has become vacant.

 24        SECTION 5.  That Chapter 37, Title 25, Idaho Code, be,  and  the  same  is
 25    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 26    ignated as Section 25-3714, Idaho Code, and to read as follows:

 27        25-3714.  COUNCIL OFFICERS -- MEETINGS -- COMPENSATION. The council  shall
 28    annually  elect a chairman, vice chairman and a secretary-treasurer from among
 29    its members to serve as officers of the council. The  council  shall  meet  no
 30    less  frequently  than  once  every six (6) months, and at such other times as
 31    called by the chairman or when requested by two (2) or  more  members  of  the
 32    council.  Members  may  be compensated as provided by section 59-509(f), Idaho
 33    Code.

 34        SECTION 6.  That Chapter 37, Title 25, Idaho Code, be,  and  the  same  is
 35    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 36    ignated as Section 25-3715, Idaho Code, and to read as follows:

 37        25-3715.  DEFINITIONS. For purposes of sections 25-3710  through  25-3721,
 38    Idaho Code, the following terms have the following meanings:
 39        (1)  "Association"  means  the  Idaho  elk  breeders association, inc., an
 40    Idaho nonprofit corporation;
 41        (2)  "Board" means the board of the Idaho elk breeders association.
 42        (3)  "Council" means the Idaho domestic cervidae council;
 43        (4)  "Department" means the Idaho state department of agriculture;
 44        (5)  "Domestic cervidae" means elk (cervus  elaphus),  fallow  deer  (dama
 45    dama),  and  reindeer  (rangifer  tarandus)  raised domestically but shall not
 46    include red deer (cervus elaphus  elaphus),  and  all  domestic  cervidae  and
 47    domestic cervidae products; and

                                       3

  1        (6)  "Producer"  means  a person who owns, manages, breeds, raises, grows,
  2    feeds, has a financial interest in or otherwise is engaged in  the  production
  3    of domestic cervidae in the state of Idaho.

  4        SECTION  7.  That  Chapter  37,  Title 25, Idaho Code, be, and the same is
  5    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  6    ignated as Section 25-3716, Idaho Code, and to read as follows:

  7        25-3716.  DUTIES,  AUTHORITIES  AND  POWERS OF THE COUNCIL. (1) Consistent
  8    with the general purposes of this chapter, the  council  shall  establish  the
  9    policies to be followed in the accomplishments of such purposes.
 10        (2)  In  the administration of the provisions of this chapter, the council
 11    shall have the following duties, authorities and powers:
 12        (a)  Conduct research and surveys to determine public attitudes and levels
 13        of knowledge regarding the domestic cervidae industry;
 14        (b)  Design and conduct educational and  public  relations  campaigns  and
 15        other  needed  efforts  to  provide  the  public with accurate information
 16        regarding the domestic cervidae industry;
 17        (c)  Be a source of  accurate  and  timely  data  regarding  the  domestic
 18        cervidae industry; and
 19        (d)  Enter into contracts and agreements with any local, state or national
 20        organization  or agency for carrying on a joint campaign of research, edu-
 21        cation and publicity.
 22        (3)  The council shall also have the duty, power and authority:
 23        (a)  To take such actions as the council deems necessary or  advisable  to
 24        stabilize and protect the domestic cervidae industry of the state;
 25        (b)  To enter into such contracts as may be necessary or advisable;
 26        (c)  To appoint and employ officers, agents and other personnel, including
 27        experts  in  promoting  the domestic cervidae industry, to prescribe their
 28        duties and fix their compensation;
 29        (d)  To sue and be sued as a council, without individual liability of  the
 30        council members, when the council is acting within the scope of the powers
 31        of the council;
 32        (e)  To  make  use  of  such  advertising means and methods as the council
 33        deems advisable and to enter into contracts and  agreements  for  research
 34        and advertising within the state;
 35        (f)  To prosecute in the name of the state of Idaho any suit or action for
 36        collection of any assessment provided for in this chapter;
 37        (g)  To  adopt, rescind, modify and amend all necessary and proper orders,
 38        resolutions and rules for the exercise of its powers and  the  performance
 39        of its duties;
 40        (h)  To incur indebtedness and carry on all business activities;
 41        (i)  To  keep  books, records and accounts of all its doings, which books,
 42        records and accounts shall be open to inspection at all times by the state
 43        controller and any person paying assessments under this act; and
 44        (j)  Prepare each year a proposed budget of the council for the next  suc-
 45        ceeding fiscal year, and provide upon request a copy of this budget to any
 46        person who pays an assessment under this act.

 47        SECTION  8.  That  Chapter  37,  Title 25, Idaho Code, be, and the same is
 48    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 49    ignated as Section 25-3717, Idaho Code, and to read as follows:

 50        25-3717.  ASSESSMENTS  --  COLLECTION.  (1)  There  is  hereby  levied and
 51    imposed upon all domestic cervidae an assessment of not more than  three  dol-

                                       4

  1    lars ($3.00) per head, to be paid by the owner each year.
  2        (2)  The  assessment  imposed by this section shall be collected each year
  3    by January 1, on all domestic cervidae that have been in the  owner's  posses-
  4    sion during that calendar year;
  5        (3)  The  Idaho  state  department  of  agriculture shall collect domestic
  6    cervidae promotion assessments at the time of the collection of annual  inven-
  7    tory  fees.  Such  assessment so collected belongs to and shall be paid to the
  8    Idaho domestic cervidae council, directly and within ten (10) calendar days of
  9    collection, along with a report of the number of inventoried animals from each
 10    domestic cervidae ranch provided to the department. The  council  shall  reim-
 11    burse  the  department  for the reasonable and necessary expenses incurred for
 12    such collection in an amount determined by the council and the department.
 13        (4)  Any person may submit a written request for a refund of  a  collected
 14    assessment, or any portion thereof, to the council within thirty (30) calendar
 15    days  after  payment  of  the assessment. The council shall make the refund no
 16    later than sixty (60) calendar days after receipt of the refund request,  pro-
 17    vided the council has received the assessment from the department.

 18        SECTION  9.  That  Chapter  37,  Title 25, Idaho Code, be, and the same is
 19    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 20    ignated as Section 25-3718, Idaho Code, and to read as follows:

 21        25-3718.  DEPOSIT AND DISBURSEMENT OF FUNDS. Immediately upon receipt, all
 22    moneys  received by the council shall be deposited in one (1) or more separate
 23    accounts in the name of the council in one (1) or more banks or  trust  compa-
 24    nies  approved  under chapter 27, title 67, Idaho Code, as state depositories.
 25    The council shall designate such banks or trust companies. All funds so depos-
 26    ited are hereby appropriated for the purpose of carrying out the provisions of
 27    this act.
 28        Funds shall be withdrawn or paid out of such accounts only upon checks  or
 29    other  orders  upon such accounts signed by two (2) officers designated by the
 30    council.
 31        Any assessments or moneys that may be deposited hereunder with  the  trea-
 32    surer  of the state of Idaho shall be paid to the council, and the state trea-
 33    surer shall be reimbursed for the reasonable and necessary expenses incurred.
 34        The right is reserved to the state of Idaho to  audit  the  funds  of  the
 35    council at any time.

 36        SECTION  10.  That  Chapter  37, Title 25, Idaho Code, be, and the same is
 37    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 38    ignated as Section 25-3719, Idaho Code, and to read as follows:

 39        25-3719.  BONDING  -- RECORDS -- AUDITS. The person or persons who receive
 40    moneys from the Idaho state department of agriculture pursuant to  the  provi-
 41    sions  of  this act and disburse the moneys of the council, shall be bonded by
 42    and in an amount to be determined by the council.
 43        Accurate records of all receipts  and  disbursements  shall  be  kept  and
 44    audited annually by a certified public accountant, whose report shall be filed
 45    in  the  council  office  and made available upon request to any person paying
 46    assessments under this act.

 47        SECTION 11.  That Chapter 37, Title 25, Idaho Code, be, and  the  same  is
 48    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 49    ignated as Section 25-3720, Idaho Code, and to read as follows:

                                       5

  1        25-3720.  FAILURE OR REFUSAL TO PAY ASSESSMENT. The assessment levied pur-
  2    suant to section 25-3717, Idaho Code, is mandatory and failure or  refusal  to
  3    pay the same shall constitute a misdemeanor.

  4        SECTION  12.  That  Chapter  37, Title 25, Idaho Code, be, and the same is
  5    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  6    ignated as Section 25-3721, Idaho Code, and to read as follows:

  7        25-3721.  DOMESTIC  CERVIDAE  PROMOTION  ASSESSMENT ACT. The provisions of
  8    sections 25-3710, Idaho Code, through this section 25-3721, Idaho Code, inclu-
  9    sive, shall be known as the domestic cervidae promotion assessment act.

 10        SECTION 13.  That Section 25-3701, Idaho Code, be, and the same is  hereby
 11    amended to read as follows:

 12        25-3701.  DOMESTIC  CERVIDAE FARMING DEEMED AGRICULTURAL PURSUIT. It shall
 13    be lawful for any person, association or corporation to breed, own or  control
 14    domestic  cervidae,  which are defined as fallow deer (dama dama), elk (cervus
 15    elaphus) or reindeer (rangifer tarandus),  but  shall  not  include  red  deer
 16    (urasian  cervidae  cervus  elaphus  elaphus)  or  any  subspecies  or hybrids
 17    thereof, and hold such animal in captivity for breeding or other  useful  pur-
 18    poses  on  domestic cervidae farms or ranches, provided the premises have been
 19    registered  with  the  division  of  animal  industries.  Reindeer   (rangifer
 20    tarandus)  shall  not be held for domestic purposes north of the Salmon River.
 21    For the purposes of all classification and administration of the laws  of  the
 22    state  of  Idaho,  and all administrative orders and rules pertaining thereto,
 23    the breeding, raising, producing, harvesting or marketing of such  animals  or
 24    their  products  by  the producer or his agent shall be deemed an agricultural
 25    pursuit; such animals shall be deemed livestock and their  products  shall  be
 26    deemed  agricultural  products;  the persons engaged in such agricultural pur-
 27    suits shall be deemed farmers, cervidae farmers, cervidae breeders or cervidae
 28    ranchers; the premises within which such pursuit is conducted shall be  deemed
 29    farms, cervidae farms, or cervidae ranches.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                              
                          RS 17870
                              
                              
  This legislation amends Title 37 of the Idaho Code to add a   
  domestic cervidae council and promotion assessment allowing   
  producers of domestic cervidae to assess themselves for the   
  promotion and preservation of their industry.  The   
  legislation includes a refund provision for producers who   
  do not wish to participate.
  
  
  
  
                        FISCAL IMPACT
                              
 There is no impact to the general fund.
 
 

 CONTACT:

 
 Senator Brent Hill   208.332.1315
 Judy Boyle           208.631.2123
 Idaho Elk Breeders Association
 
 
 STATEMENT OF PURPOSE/FISCAL NOTE                     S 1391