Constitution of the United States of America, Freedom Documents

I D A H O S T A T E L E G I S L A T U R E

TITLE 22 AGRICULTURE AND HORTICULTURE

CHAPTER 18 - IDAHO STATE PESTICIDE MANAGEMENT COMMISSION

22-1801.Commission on pesticide management -- Established -- Composition -- Duration of membership -- Compensation -- Powers and duties. (1) A commission on pesticide management, hereinafter referred to in this chapter as "the commission," is established. The commission shall be composed of eleven (11) voting members appointed by the governor as follows: (a) Eight (8) members from the following segments of the state’s agricultural industry as nominated by a statewide private agricultural association or agricultural commodity commission formed under title 22, Idaho Code: (i) The tree fruit industry; (ii) Potato growers; (iii) Grain growers; (iv) Vegetable and seed growers; (v) Sugarbeet, bean and alfalfa growers; (vi) The nursery and landscape industry. Although members are appointed from various segments of the agriculture industry, they are appointed to represent and advance the interests of the industry as a whole. (b) One (1) member from each of the following: (i) Food processors; (ii) Agricultural chemical industry; (iii) Professional pesticide applicators. One (1) member shall be appointed for each such segment of the industry and shall be nominated by a statewide, private association of that segment of the industry. The representative of the agricultural chemical industry shall be involved in the manufacture of agricultural crop protection products. (c) The following shall be ex officio, nonvoting members of the commission: (i) Coordinator of the interregional project number four (IR-4) at the University of Idaho; (ii) Director of the department of environmental quality or the director’s designee; (iii) Director of the department of agriculture or the director’s designee; (iv) Director of the department of labor or the director’s designee; (v) Director of the department of health and welfare or the director’s designee. (2) Each voting member of the commission shall serve a term of three (3) years. However, the first appointments in the first year shall be made by the governor for one (1), two (2) and three (3) year terms so that, in subsequent years, approximately one-third (1/3) of the voting members shall be appointed each year. The governor shall assign the initial one (1), two (2) and three (3) year terms to members by lot. A vacancy shall be filled by appointment for the unexpired term in the same manner provided for an appointment to the full term. No member of the commission may be removed by the governor during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office. Each member of the commission may receive travel expenses for attending meetings of the commission and for performing special duties, in the way of official commission business, specifically assigned to the person by the commission. The voting members of the commission shall serve without compensation from the state other than travel expenses. (3) Nominations for the initial appointments to the commission under subsection (1) of this section shall be submitted by July 15, 2002. The governor shall make initial appointments to the commission by August 15, 2002. (4) The commission shall elect a chair from among its voting members each calendar year. After its original organizational meeting, the commission shall meet at the call of the chair or by a consensus of four (4) members of the commission. A majority of the voting members of the commission constitutes a quorum and an official action of the commission may be taken by a majority vote of the quorum. (5) The powers and duties of the commission shall include the following: (a) To contract in the name of the commission and be contracted with; (b) To employ and at pleasure discharge a research director, research staff, a secretary, advertising manager, advertising agents, agents, attorneys, and such clerical and other help as it deems necessary and to control their powers and duties and to fix their compensation; (c) To keep books, records and accounts of all its dealings, which books, records and accounts of all its dealing shall be open to inspection by the state controller at all times; (d) To purchase or authorize the purchase of all office equipment and/or supplies and incur all other reasonable and necessary expenses and obligations in connection with and required for the proper carrying out of the provisions of this chapter.

22-1802.State appropriations -- Restrictions on use of state money -- Commission approval required. (1) This section applies to the use of state appropriations made to or legislatively intended for the commission on pesticide management and to any other moneys appropriated by the state and received by the commission on pesticide management: (a) The moneys may not be expended without the express approval of the commission on pesticide management. (b) The moneys may be used for: (i) Evaluations, studies or investigations approved by the commission on pesticide management regarding the registration or reregistration of pesticides for minor crops or minor uses or regarding the availability of pesticides for emergency uses. These evaluations, studies or investigations may be conducted by any laboratory secured by the commission, researchers, or contractors by contract, which contracts may include, but are not limited to, those purchasing the use of proprietary information; (ii) Evaluations, studies or investigations approved by the commission regarding research, implementation and demonstration of any aspect of integrated pest management and pesticide resistance management programs; (iii) The tracking system described; (iv) The support of the commission on pesticide management and its activities. (2) The commission on pesticide management shall establish priorities to guide it in approving the use of moneys for evaluations, studies and investigations under this section.

22-1803.Deposit and disbursement of funds. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter. Any interest earned on the investment of idle moneys in an account shall be returned to the account. (2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission. (3) The right is reserved to the state of Idaho to audit the funds of the commission at any time. (4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. The report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year. (5) All moneys received or expended by the commission shall be audited biennially, but shall address every year distinctly, by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house of representatives agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year. (6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.

22-1804.Duties. The commission on pesticide management shall: (1) Encourage agricultural organizations to assist in providing funding, in-kind services, or materials for studies and investigations concerning the registration of pesticides and research, implementation and demonstration of any aspect of integrated pest management (IPM) and pesticide resistance management programs for minor crops and minor uses that would benefit the organizations. (2) Provide guidance for: (a) Tracking the availability of effective pesticides for minor crops, minor uses and emergency uses; (b) Providing this information to organizations of agricultural producers; (c) Maintaining close contact between laboratories, the department of agriculture, and organizations of agricultural producers regarding the need for research to support the registration of pesticides for minor crops and minor uses and the availability of pesticides for emergency uses. (3) Ensure that the activities of the commission are coordinated with the activities of laboratories in the pacific northwest, university pest management programs, the United States department of agriculture, and the United States environmental protection agency to maximize the effectiveness of regional efforts to assist in the registration of pesticides for minor crops and minor uses and in providing for the availability of pesticides for emergency uses for the region and the state. (4) Ensure, prior to approving any residue study, that there is written confirmation of registrant support and willingness or ability to add the given minor crop to its label, including any restrictions or guidelines the registrant intends to impose.

22-1805.Report on activities -- Review by legislature. (1) By January 15 of each year, the commission shall file with the legislature a report on activities supported by the commission for the previous fiscal year. The report shall include identification of: (a) The priorities that have been set by the commission; (b) The state appropriations made to the commission; (c) The evaluations, studies and investigations funded in whole or in part by such moneys and the registration and uses of pesticides made possible in large part by those evaluations, studies and investigations; (d) The matching moneys, in-kind services and materials provided by agricultural organizations for those evaluations, studies and investigations; (e) The program or programs for tracking pesticide availability provided by the laboratory under the guidance of the commission and the means used for providing this information to organizations of agricultural producers. (2) During the regular session of the legislature the appropriate committees of the house of representatives and the senate shall evaluate the effectiveness of the commission in fulfilling its statutory responsibilities.

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