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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
]]]] 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
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