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