1998 Legislation
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SENATE BILL NO. 1417 – Forest products, scaling method

SENATE BILL NO. 1417

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Daily Data Tracking History



S1417..........................................by RESOURCES AND ENVIRONMENT
FOREST PRODUCTS - SCALING - Amends existing law to develop a statutory
framework that will allow the Board of Scaling Practices to develop uniform
net procedures for forest products scaling in Idaho.

02/09    Senate intro - 1st rdg - to printing
02/10    Rpt prt - to Res/Env
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/20    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, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Twiggs
    Floor Sponsor - Danielson
    Title apvd - to House
02/23    House intro - 1st rdg - to Res/Con
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 67-0-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
      Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
      Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
      Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Miller,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
      Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Crow, Jones(9), Meyer
    Floor Sponsor - Cuddy
    Title apvd - to Senate
03/13    To enrol
03/16    Rpt enrol - Pres signed
03/16    Sp signed
03/17    To Governor
03/18    Governor signed
         Session Law Chapter 87
         Effective: 07/01/98

Bill Text


S1417


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1417

                          BY RESOURCES AND ENVIRONMENT COMMITTEE

 1                                        AN ACT
 2    RELATING TO LOG SCALING; AMENDING SECTION 38-1201, IDAHO CODE, TO DELETE  REF-
 3        ERENCE  TO  THE METHOD OF SCALING FOREST PRODUCTS FOR COMMERCIAL PURPOSES;
 4        AMENDING SECTION 38-1202, IDAHO CODE, TO REVISE DEFINITIONS; AND  AMENDING
 5        SECTION  38-1220,  IDAHO CODE, TO PROVIDE THAT THE METHOD OF SCALING SHALL
 6        BE IN ACCORDANCE WITH THE RULES OF THE BOARD OF SCALING PRACTICES  AND  TO
 7        PROVIDE  FOR  THE  PURPOSE OF PAYMENT FOR LOGGING OR HAULING LOGGED FOREST
 8        PRODUCTS ONLY, FOREST PRODUCTS SHALL BE MEASURED BY GROSS  WEIGHT,  OR  BY
 9        GROSS VOLUME CONVERTED TO GROSS DECIMAL "C" OR GROSS CUBIC VOLUME.

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

11        SECTION  1.  That  Section 38-1201, Idaho Code, be, and the same is hereby
12    amended to read as follows:

13        38-1201.  LOG SCALING PRACTITIONERS -- LICENSE REQUIREMENT  .  
14      --  METHOD.   Every person practicing or offering to practice log
15    scaling as herein defined, shall submit evidence of his qualifications and  be
16    licensed  as  hereinafter provided; and it shall be unlawful for any person to
17    practice or offer to practice log scaling where the scaled quantities  derived
18    from  such scaling shall be used for commercial purposes in this state, unless
19    such person has been duly licensed under the provisions of this act, or is  an
20    apprentice under the supervision of a licensed scaler.
21          The  method  of  scaling the various forest products for commercial
22    purposes shall be in accordance with the  provisions  of  section  38-1202(c),
23    Idaho  Code,  provided that the basis for determining board foot volumes shall
24    be in accordance with the provisions of this act, and  provided  further  that
25    such method must be agreed upon in writing by all parties concerned. 

26        SECTION  2.  That  Section 38-1202, Idaho Code, be, and the same is hereby
27    amended to read as follows:

28        38-1202.  DEFINITIONS. As used in this act, unless the context or  subject
29    matter requires otherwise:
30        (a)  Scaler   and  Professional  Scaler.    The  terms  "scaler"  and
31    "professional scaler" mean a   A  person who is qualified  by
32    reason  of his knowledge of the principles of scaling acquired by professional
33    education and/or practical experience, to engage in the  practice  of  scaling
34    forest products.
35        (b)  Scaling.  The  term "scaling" means the  quantitative mea-
36    surement of logs or other forest products by means of a  log  rule.  The  term
37    "scaling"  shall  include any professional scaling service rendered in connec-
38    tion with the measurement of forest products, or supervision of  scaling  when
39    such  service  is rendered requiring the application of scaling principles and
40    data.
41        (c)   Forest Products Measurement. For the  purpose  of  payment  for


                                          2

 1    logging  or hauling logged forest products only, forest products shall be mea-
 2    sured by gross weight, or by gross volume converted to gross  decimal  "C"  or
 3    gross cubic volume. Measurement may be determined by a sampling process.
 4        (d)    Board. The  term "board" means the  state board of
 5    scaling practices.

 6        SECTION 3.  That Section 38-1220, Idaho Code, be, and the same  is  hereby
 7    amended to read as follows:

 8        38-1220.    AGREEMENTS  AS  TO  SCALING METHODS USED.  All
 9    parties to any log scaling agreement, except logging and  hauling  agreements,
10    may  elect to scale as between themselves on the basis of the mensuration cri-
11    teria from the National Forest Log Scaling Handbook, whether or not such  logs
12    are  produced  from  federal land or measured by employees of an agency of the
13    United States government.   (a) The method of scaling  the  various
14    forest  products  for  commercial  purposes  shall  be  in accordance with the
15    board's administrative rules.
16        (b)  For the purpose of payment for logging or hauling logged forest prod-
17    ucts only, forest products shall be measured by gross weight, or by gross vol-
18    ume converted to gross decimal "C" or gross cubic volume.
19        (c)   Forest products scaled or otherwise measured  by  or  for  any
20    agency  of the United States government shall not be affected by this act. The
21    licensing and bonding provisions of this act do not apply to any  person  mea-
22    suring logs for any agency of the United States government, unless such agency
23    so elects.
24         (d)  Measurement may be determined by a sampling process. 

Statement of Purpose / Fiscal Impact


    





                                 REPRINT     REPRINT
                                STATEMENT OF PURPOSE
                                       RS07770
    
            AMENDMENT OF SECTIONS 38-1201, 38-1202, AND 38-1220, IDAHO CODE
                              METHODS FOR SCALING LOGS
    
    This proposed legislation amends the authority of the state board of scaling practices for 
    issuance of licenses to scale logs, establishes definitions, and amends the authority of the 
    board for establishing methods for scaling logs.
    
    The purpose of the bill is to provide a statutory framework that will allow the board of 
    scaling practices to develop uniform net scale procedures for Idaho. Currently, the law provides 
    for various, dissimilar methods of scaling logs that can be confusing to log sellers, log buyers, 
    log haulers, and log mills.
    
                                    FISCAL IMPACT
    
    There will be no fiscal impact on the general fund, or any dedicated fund from this 
    proposal. There will be savings within the industry resulting from elimination of duplication of log 
    scaling. There will be a reduction in confusion as to scaling methods used by various segments 
    of the industry.
    
    Prepared by:
    Stan Hamilton, Director Department of Lands
    (208) 334-0200
    
    S1417
    
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