1998 Legislation
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HOUSE BILL NO. 624 – Dry grazing land fees, procedures


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Daily Data Tracking History

H0624...............................................by AGRICULTURAL AFFAIRS
DRY GRAZING LAND FEES - Amends existing law to revise procedures on the
imposition of fees upon owners of dry grazing land in Idaho.

02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to Agric Aff
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 59-7-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow,
      Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould,
      Hadley, Hansen, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20),
      Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
      Mader, Marley, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
      Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson,
      Stubbs, Tilman, Trail, Watson, Wheeler, Zimmermann, Mr Speaker
      NAYS -- Geddes, Loertscher, McKague, Stoicheff, Taylor, Tippets, Wood
      Absent and excused -- Black(23), Crane, Henbest, Stone
    Floor Sponsor - Stevenson
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Agric Aff
03/04    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney,
      Thorne, Twiggs, Wheeler, Whitworth
      Absent and excused--Riggs
    Floor Sponsor - Branch
    Title apvd - to House
03/17    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - to Governor
03/19    Governor signed
         Session Law Chapter 117
         Effective: 01/01/98

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 624

                            BY AGRICULTURAL AFFAIRS COMMITTEE

 1                                        AN ACT

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION  1.  That Section 58-1414A, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        58-1414A.  IMPOSITION OF FEES. (1) There is hereby imposed, as of  January
10    1,  of  each  year,  a fee upon owners of dry grazing land within the state of
11    Idaho for the purpose of funding the activities and  obligations of the  Idaho
12    rangeland  resources  commission.  The fee shall be in the amount of two cents
13    (2[) per acre of dry grazing land. "Dry grazing land" is that category of land
14    defined by the state tax commission for property tax purposes. No  later  than
15    the  second   third  Monday in July, the county assessor
16    shall   deliver to the county treasurer a list of the owners of dry graz-
17    ing land  in the county, as shown on the records of the county, together  with
18    the  number of acres owned. The county treasurer shall calculate the amount of
19    the fee owed and shall cause the fee to be shown  on  the  real  property  tax
20    bill.  The  fee  shall  be collected in the manner provided in section 63-903,
21    Idaho Code. From the annual January remittance, the  county  shall  retain  an
22    amount  equal to the cost of collection but not to exceed five percent (5%) in
23    1997 and two percent (2%) for each year thereafter of the fee collected  which
24    shall  be  deposited  in the county  current expense fund.  The county auditor
25    shall remit monthly the balance of the fee collected to  the  Idaho  rangeland
26    resources  commission.   provide the Idaho rangeland resources com-
27    mission, via electronic media, an alphabetic list of the owners of dry grazing
28    land in the county, as shown on the records of the county. The information  on
29    dry grazing land shall be provided as follows:
30        (a)  Owner name;
31        (b)  Billing address;
32        (c)  County;
33        (d)  Parcel identification number;
34        (e)  Number of acres. 
35    An owner of dry grazing land shall not be assessed the fee contained herein if
36    the owner's or owners' legal representative signs an affidavit attesting under
37    penalties  of  perjury  that the dry grazing land is not utilized for grazing.
38    The commission shall  prescribe   provide  the form  and
39    the  affidavit  shall  be  filed with the commission  prior to the second
40    Monday in July of the current year.  The commission  shall  file  a  duplicate
41    copy of any affidavit received with the appropriate county assessor .
42        (2)  In  addition  to  the fees imposed in subsection (1) of this section,
43    there is hereby imposed, as of January 1 of each year a fee of ten cents (10[)


 1    per animal unit month on all domestic cattle and sheep utilizing state grazing
 2    lands in the state of Idaho. The Idaho department of lands is hereby  directed
 3    to collect this fee in conjunction with its annual billing for rental of graz-
 4    ing lands and shall remit such collection to the Idaho rangeland resource com-
 5    mittee on a monthly basis.
 6        (3)  In  addition  to  the fees imposed in subsections (1) and (2) of this
 7    section, there is hereby imposed, as of January 1, of each  calendar  year,  a
 8    fee  of ten cents (10[) per animal unit month on all domestic cattle and sheep
 9    utilizing United States forest service and bureau of land management lands  in
10    the  state  of  Idaho if a joint exercise of powers agreement or memorandum of
11    understanding has been entered into authorizing the collection of such a  fee.
12    The  federal  agencies shall, as part of their billing process, include provi-
13    sions for the collection of this fee and remittance of the fee  to  the  Idaho
14    rangeland resources commission.
15        (4)  The  fee established in subsections (1), (2) and (3) of this section,
16    shall be a debt of the owner(s), lessee(s) or permittee(s) of the dry  grazing
17    land  obligated to pay the fee and the fee shall be a debt owed the commission
18    and may be collected by the commission using the normal process to  recover  a
19    debt.
20        (5)  Any  person may request from the commission in writing, within thirty
21    (30) calendar days after payment thereof, a refund of all or any portion of an
22    assessment levied hereunder.  The commission shall make the refund  not  later
23    than sixty (60) days after receipt of refund request as long as the commission
24    has received the moneys from the entity collecting the assessment.
25          (6)  The  commission may at its discretion, determine by a majority
26    vote of the commission the minimum fees to be assessed as  described  in  this
27    section.  Once  such minimum fees have been adopted, the commission shall col-
28    lect no fee owed pursuant to this section which is equal to or less  than  the
29    minimum  set  by  the commission. Prior to the adoption of minimum fees by the
30    commission as described in this subsection, the minimum fee owed  the  commis-
31    sion  shall  be  five  dollars  ($5.00)  for the owners of dry grazing land as
32    described in subsection (1) of this section. There shall be no minimum fee for
33    the assessments described in subsections (2) or (3)  of  this  section  unless
34    otherwise determined by the commission. 

35        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
36    declared to exist, this act shall be in full force and effect on and after its
37    passage and approval, and retroactively to January 1, 1998.

Statement of Purpose / Fiscal Impact


                          STATEMENT OF PURPOSE
    The collection process defined under the 1996 legislation 
    was logistically difficult to implement. The proposed 
    legislation will make the collection process more efficient. 
    In addition, by allowing the Rangeland Resource Commission 
    the flexibility to adopt a minimum fee, they will save money 
    by not having to send numerous bills for small amounts.
                               FISCAL NOTE
    There will be no fiscal impact to state or local 
    government. The impact is expected to be minimal to the 
    Idaho Rangeland Resources Commission (IRRC). It is 
    anticipated that in the long run it will cost less for 
    the IRRC to process the bills than for the counties to do 
    the same. In addition, the IRRC will retain the 5% for 
    the first year and 2% for the years there after that 
    counties would have been paid.
    CONTACT: Gretchen Hyde, 398-7002, Idaho Rangeland Resources
    Commission. Dan Chadwick, Tony Poinelle, Lorna Jorgensen, 
    9126, Idaho Association of Counties
    Bill No. H 624