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Idaho Oilseed Commission seeks removal of refund-application rule; advisory grower vote planned
Summary
The Idaho Oilseed Commission asked the Senate Agricultural Affairs Committee to adopt a ZBR chapter rewrite that removes a refund-application provision from its administrative rule, citing a conflict with Idaho Code; the committee deferred a final vote to its next meeting.
Pachi Laricia Phillips, representing the Idaho Oilseed Commission, told the Idaho Senate Agricultural Affairs Committee she submitted a ZBR chapter rewrite (IDAPA 43.01.01-2401) that removes a refund-application provision from the commission’s administrative rule because the provision conflicts with Idaho Code.
Phillips explained the change affects section 500 of the pending rule and is intended to remove duplication between the administrative rule and statutory referendum language in Idaho Code chapter 47. She said Idaho Code contains a refund provision tied to a growers’ referendum, and that subsection 6 of the statute provides that if growers vote to continue the commission in a referendum the refund provision is to be removed.
Phillips said the commission examined its records and located an affidavit from former commission chairman Doug Scoville indicating a referendum was held and passed in the past. Because the administrative rule still contained a refund-application procedure, the commission proposed removing that section to resolve the conflict between rule and statute. Phillips said the removal was done in consultation with the Division of Financial Management and followed negotiated rulemaking, including two meetings on Aug. 22 and Oct. 3 and an open commission meeting inviting growers and dealers.
Phillips told the committee the statute prescribes an advisory vote every five years to measure growers’ support for the commission’s continuation. She said she has worked for the commission since October 2023 and cannot confirm from the records available to her whether every five-year advisory poll was held in prior years; she said the commission plans to hold an advisory vote this year and will report results to the committee when available.
Committee members asked clarifying questions about why the refund-application provision was removed and about the frequency and legal basis for the advisory vote. Vice Chair Senator Zito and Senator Van Orden discussed that the statute prescribes a five-year advisory vote; Phillips confirmed the commission plans to hold that advisory vote during the current year.
The committee did not take a final vote on the pending rule at this meeting; Vice Chair Zito said the committee will vote at the next meeting so Senator Josh Cole, who was assigned the rule but could not attend, can view the meeting video before the committee acts.
