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SENATE BILL NO. 1394

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S1394...............................................by AGRICULTURAL AFFAIRS
BEEKEEPERS - Amends existing law to provide a $10.00 per year tax on the
registered beekeeper for remittance to the Honey Advertising Fund, and to
delete criminal penalties.

02/04    Senate intro - 1st rdg - to printing
02/05    Rpt prt - to Agric Aff

Bill Text

S1394


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1394

                            BY AGRICULTURAL AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO TAXATION ON COLONIES OR HIVES OF BEES; AMENDING  SECTION  22-2808,
 3        IDAHO  CODE,  TO  PROVIDE A TEN DOLLAR PER YEAR TAX ON THE REGISTERED BEE-
 4        KEEPER FOR REMITTANCE TO THE HONEY ADVERTISING FUND AND TO DELETE CRIMINAL
 5        PENALTIES; AND DECLARING AN EMERGENCY.

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

 7        SECTION 1.  That Section 22-2808, Idaho Code, be, and the same  is  hereby
 8    amended to read as follows:

 9        22-2808.  LEVY  AND  COLLECTION OF TAXES -- CHANGE OF TAX BY REFERENDUM --
10    VIOLATIONS -- PENALTY.  (a)  There is  hereby  levied  and  imposed
11    upon  each  colony or hive of bees within the state of Idaho  
12    registered Idaho beekeeper on  July 1 of each year a  continuing  annual
13    tax  of  five cents (5[) per hive or colony of bees beginning in the year
14    1970   ten dollars ($10.00) per beekeeper  for the purpose of
15    carrying out the provisions of chapter 28, title 22, Idaho Code.
16         (b)  The tax may be decreased to not less than three cents (3[)  per
17    hive  or  colony  per  year  or it may be increased to not more than ten cents
18    (10[) per hive or colony per year, if approved by a majority of the beekeepers
19    voting in a referendum held for the purpose of determining whether  such  levy
20    of  the  tax shall or shall not be changed. If the levy of the tax is changed,
21    the levy of the tax will continue annually at the  changed  rate  until  again
22    changed by another referendum. Any resident of Idaho who is a registered Idaho
23    beekeeper  with the department of agriculture may vote at such referendum. Any
24    referendum held for the purpose of changing the levy of such tax shall be held
25    at the annual meeting of the Idaho honey industry association or any successor
26    organization to this group.
27        (c)   Notice of the tax provided for in this section shall be mailed
28    no later than June 1 and the tax shall be due and payable on or before July  1
29    of each year, and it shall be collected by the Idaho department of agriculture
30    and shall forthwith be paid over by the Idaho department of agriculture to the
31    Idaho honey advertising fund.
32          (d)  Said tax shall be a lien upon all apicultural products, equip-
33    ment, bees and property of the person owning  or  controlling  such  bees  and
34    shall  be  prior  to  all  other  liens or encumbrances except liens which are
35    declared prior by operation of the statutes of this state.
36        (e)   The Idaho honey advertising commission may promulgate the nec-
37    essary rules and forms to implement and carry out this section.
38         (f)  Any person who shall violate the provisions of this section  or
39    the rules  and regulations  promulgated under it shall be guilty of
40    a  misdemeanor  and upon conviction thereof shall be punished by a fine of not
41    more than three hundred dollars ($300) or imprisonment for  a  period  not  to
42    exceed  ninety  (90)  days,  or both such fine and imprisonment, and all fines
43    collected for violation of this section shall be paid  into  the  Idaho  honey


                                          2

 1    advertising fund. 

 2        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 3    declared to exist, this act shall be in full force and effect on and after its
 4    passage and approval.

Statement of Purpose / Fiscal Impact

    





                          STATEMENT OF PURPOSE
    
                               RS 07740C1
    
    This RS changes the way the Honey Advertising Commission is funded. Currently the commission 
    is funded through a 5 cent per bee colony tax. This legislation would change the tax to $10 per 
    beekeeper. All revenues are used for advertising and promotion to increase the consumption of 
    honey.
    
                              FISCAL NOTE
    
    The Department of Agriculture collects the dedicated Honey Advertising Commission tax on 
    behalf of the Commission. Currently there are 81,571 bee colonies and 71 registered beekeepers. 
    Current revenues are about $4,100 per year. Upon enactment of the lower tax, the commission 
    anticipates additional registrations. If registrations double, this legislation reduces revenues from 
    $4,100 per year to $1,400 per year or a decrease of about $2,700.
    
    Contact:
     Senator Atwell Parry
     Phone: 334-4735
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    S1394