22-1801 COMMISSION ON PESTICIDE MANAGEMENT -- ESTABLISHED -- COMPOSITION -- DURATION OF MEMBERSHIP -- COMPENSATION -- POWERS AND DUTIES.

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.