2006 Legislation
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HOUSE BILL NO. 515 – Brand renewal, fee

HOUSE BILL NO. 515

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Bill Status



H0515...............................................by AGRICULTURAL AFFAIRS
BRANDS - Amends existing law relating to the State Brand Board to increase
fees for filing brand renewal applications; and to increase certain fees
relating to brand inspections.
                                                                        
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Agric Aff
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 65-3-2
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, McKague, Wood
      Absent and excused -- Boe, Sayler
    Floor Sponsor - Trail
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Agric Aff
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Marley, Sweet
    Floor Sponsor - Gannon
    Title apvd - to House
03/21    To enrol
03/22    Rpt enrol - Sp signed
03/23    Pres signed - To Governor
03/24    Governor signed
         Session Law Chapter 198
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 515
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE STATE BRAND BOARD; AMENDING SECTION 25-1145,  IDAHO  CODE,  TO
  3        INCREASE  FEES FOR FILING BRAND RENEWAL APPLICATIONS AND TO MAKE TECHNICAL
  4        CORRECTIONS; AND AMENDING SECTION 25-1160, IDAHO CODE, TO INCREASE CERTAIN
  5        FEES RELATING TO BRAND INSPECTIONS AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 25-1145, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        25-1145.  RENEWAL  OF  BRANDS. (1) On July 1, 1995, and at the end of each
 10    recording period of an original application pursuant to section 25-1144, Idaho
 11    Code, and at the end of each successive period thereafter on the first day  of
 12    July,  the recording of every brand in the office of the state brand inspector
 13    shall be renewed upon application for such renewal by the owner.  The  fee  of
 14    the  state  brand  inspector for filing each such renewal application shall be
 15    not more than fifty seventy-five dollars ($5075.00) and it shall be  the  duty
 16    of  the  state  brand inspector to furnish without further or other charge one
 17    (1) certified copy of the certificate of such brand to the owner thereof  upon
 18    his  request, and for each additional certified copy the state brand inspector
 19    shall be paid a reasonable fee as determined by the state brand board  not  to
 20    exceed  one  dollar and fifty cents ($1.50) for the additional certified copy.
 21    The fee for recording each renewal shall be paid coincident with the filing of
 22    the application therefor.
 23        (2)  Each application for the renewal and the record of  renewal  of  each
 24    brand shall be made in the same manner as is provided by law for the filing of
 25    an original application for the recording of a brand.
 26        (3)  If  an application for the renewal of any brand shall not be made and
 27    the fee therefor paid within the period of six (6) months after the expiration
 28    date for such renewal, then such brand may be  allotted  by  the  state  brand
 29    inspector to any other person who shall apply therefor.
                                                                        
 30        SECTION  2.  That  Section 25-1160, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        25-1160.  BRAND INSPECTION FEES.  (1)  The  maximum  fee  which  shall  be
 33    charged  by  the  state  brand inspector and his deputies for brand inspection
 34    shall be:
 35        (a)  One dollar and twenty-five cents  ($1.0025) for each head of cattle;
 36        (b)  One dollar and fifty cents ($1.50) for each head of horses, mules and
 37        asses.
 38        (2)  A minimum fee of ten twenty dollars ($120.00) shall be charged by the
 39    state brand inspector and his deputies for each brand  inspection  certificate
 40    issued,  whether for cattle, horses, mules or asses, or a combination thereof.
 41    The minimum brand inspection fee shall apply only in those cases when a  brand
                                                                        
                                           2
                                                                        
  1    inspector must travel from his assigned duty post.
  2        (3)  The  minimum fee for brand inspection services at any normally sched-
  3    uled livestock auction sale is fifty dollars ($50.00) per day,  and  shall  be
  4    paid  by  the  livestock  auction  sale,  whether  or  not the inspection fees
  5    received from the owners of livestock inspected equals the minimum fee. If the
  6    fees paid by the owners of livestock inspected at the sale exceed the  minimum
  7    fee,  the actual amount of fees collected shall be paid, rather than the mini-
  8    mum amount.
  9        (4)  The fee for brand inspection services at any livestock  auction  sale
 10    which is not a normally scheduled livestock auction sale shall be:
 11        (a)  Eighteen  dollars  ($18.00)  per  hour  for each hour that each brand
 12        inspector spends engaged in the performance of brand  inspection  services
 13        at the livestock auction sale;
 14        (b)  A  mileage  rate  as  established by the state board of examiners per
 15        mile per vehicle for each mile  that said brand inspector(s)  must  travel
 16        to and from the sale from his assigned duty post.
 17    The  minimum  fee, not including mileage, shall be the actual hours worked, or
 18    thirty-six dollars ($36.00) per day, or the inspection fees as  set  forth  in
 19    subsection (1) of this section, whichever is greater.
 20        (5)  The state brand board may adopt a schedule or schedules of fees which
 21    are below the maximum fees and may adjust such schedule or schedules from time
 22    to time whenever such board finds that the cost of administering and enforcing
 23    the  laws of the state of Idaho for brand inspection of livestock can be main-
 24    tained with such below-maximum fees. All such fees shall be paid by the  owner
 25    of  the  cattle,  horses,  mules  and  asses  and  credited to the state brand
 26    account.
 27        (6)  All brand inspection fees, and all other fees required by law  to  be
 28    collected  by  the brand inspector, are due and payable at the time of inspec-
 29    tion, but the brand board may, by rules, allow all of such fees to be paid  on
 30    a  schedule  that requires payment at least monthly, after receiving a request
 31    for such delayed payment schedule and after such request is  approved  by  the
 32    state  brand  inspector.  The  brand  board  may require a security deposit to
 33    insure ensure the prompt payment of all fees owed to the state. Failure to pay
 34    as required shall be cause for the brand inspector to file an  action  in  the
 35    district court of the county wherein the inspection was made for the amount of
 36    all  fees  owed, plus all costs and reasonable attorney's fees associated with
 37    the action plus interest at the rate specified  in  section  28-22-104,  Idaho
 38    Code, on the amount owed from the due date.
 39        (7)  Any brand inspector who must travel beyond the border of the state of
 40    Idaho  to  investigate  a  possible violation of this chapter is entitled to a
 41    mileage rate, as established by the state board of  examiners,  per  mile  per
 42    vehicle  for  each  mile  that the brand inspector must travel to and from his
 43    assigned duty post, and eighteen dollars ($18.00) per hour for each hour  that
 44    each  brand inspector spends engaged in the investigation. The minimum fee for
 45    each brand inspector, not including mileage, shall be the actual hours worked,
 46    or thirty-six dollars ($36.00) per day, or the hourly inspection fees,  which-
 47    ever is greater.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15583

This proposed legislation would raise the renewal fee for a brand
recording from fifty ($50.00) dollars to seventy five ($75.00)
dollars.  A brand renewal is good for five years.

The proposed legislation would also raise the maximum fee which
can be charged by the state brand inspector for a brand
inspection from one dollar ($1.00)to one dollar and twenty-five
cents ($1.25).

Lastly, this proposed legislation would also raise the minimum
fee charged by the state brand inspector for a brand inspection
certificate from ten ($10.00) dollars to twenty ($20.00) dollars.


                           FISCAL NOTE

No fiscal impact.




Contact
Name: Stan Boyd/Lloyd Knight 
Organization: Idaho Cattle Association 
Phone: 343-1615


STATEMENT OF PURPOSE/FISCAL NOTE                         H 515