2005 Idaho Code - 22-1202 — POTATO COMMISSION CREATED

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 12
                              POTATO COMMISSION
    22-1202.  POTATO COMMISSION CREATED. There is hereby created and
established in the department of self-governing agencies the "Idaho potato
commission" to be composed of nine (9) practical potato persons, resident
citizens of the state of Idaho for a period of three (3) years prior to their
appointment each of whom has had active experience in growing, or shipping, or
processing of potatoes produced in the state of Idaho. At least five (5)
members of said commission shall be growers who are actually now engaged in
the production of potatoes. Two (2) of the members shall be shippers who are
actually now engaged in the shipping of potatoes, and two (2) of the members
shall be processors who are actually now engaged in the processing of
potatoes. The qualifications for members of said commission as above required
shall continue throughout their respective terms of office. Three (3) growers
shall be nominated for each grower vacancy that occurs, from which the
governor shall appoint one (1). Two (2) grower commissioners shall be
appointed from the district known as District No. 1, consisting of the
counties of Oneida, Franklin, Bear Lake, Caribou, Bannock, Power, Bingham,
Bonneville, Teton, Madison, Jefferson, Fremont, Clark, Butte, Custer, and
Lemhi; one (1) grower commissioner shall be appointed from the district known
as District No. 2A, consisting of the counties of Twin Falls, Jerome, Lincoln,
Camas, Elmore, Boise, Valley, and Gooding; one (1) grower commissioner shall
be appointed from the district known as District No. 2B, consisting of the
counties of Cassia, Minidoka, Blaine, Custer and Lemhi; and one (1) grower
commissioner shall be appointed from the district known as District No. 3,
consisting of the counties of Owyhee, Ada, Canyon, Gem, Payette, Washington,
Adams, Idaho, Lewis, Nez Perce, Clearwater, Latah, Benewah, Shoshone,
Kootenai, Bonner, and Boundary. Three (3) shippers shall be nominated for each
shipper vacancy that occurs from which the governor shall appoint one (1).
Shipper commissioners do not necessarily need to be nominated from
geographical areas. Three (3) processors shall be nominated for each processor
vacancy that occurs from which the governor shall appoint one (1). Processor
commissioners do not necessarily need to be nominated from geographical areas.
Nominations must be made thirty (30) days prior to appointment. All
nominations must give equal consideration to all who are eligible for
appointment as defined in this act. The Idaho potato commission shall hold
separate meetings of the growers, shippers, or processors, as the nominations
to be made shall require, in the various districts, to determine who shall be
nominated for appointment. Notice of said meetings shall be given by
publication in one (1) newspaper published in each county of the district or
districts in which said nominations are to be made, and the notice shall be
published in two (2) issues of each newspaper, the first to be approximately
thirty (30) days and the second approximately ten (10) days before said
meeting. The notice shall state the purpose, time and place of said meeting.
All meetings held for the selection of nominees shall be held prior to March
31 of the year the appointment or appointments are to be made.
    The term of office shall be three (3) years and no commissioner shall
serve more than two (2) consecutive terms. The commissioners shall elect a
chairman for a term of one (1) year.
    Vacancies shall be filled as terms expire. Each of such commissioners
shall hold office until his successor has been appointed and qualified. The
term of office shall commence on September 15 of the year of appointment and
expire on September 14 of the last year of the term of office.
    A majority of the members of said commission shall constitute a quorum for
the transaction of all business and the carrying out of the duties of said
commission. Before entering on the discharge of their duties as members of
said commission, each member shall take and subscribe to the oath of office
prescribed for state officers.
    Each member of the commission shall be compensated as provided by section
59-509(j), Idaho Code, provided however, that compensation paid to members of
the commission from and after April 1, 1992, shall not be considered salary as
defined in section 59-1302(31), Idaho Code.