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H0084...............................................by REVENUE AND TAXATION
MINE LICENSE TAX - Amends existing law to distribute a portion of the
revenues collected from the mine license tax to the Abandoned Mine
Reclamation Account; to remove reference to use of the term "hardrock"; and
to redefine terms relating to mines and minerals.
01/21 House intro - 1st rdg - to printing
01/22 Rpt prt - to Res/Con
02/02 Rpt out - to Rev/Tax
02/04 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/09 3rd rdg - PASSED - 64-1-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Limbaugh,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pischner, Pomeroy, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Stoicheff, Stone, Tippets, Trail, Watson,
Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Stevenson
Absent and excused -- Geddes, Reynolds, Taylor, Tilman, Williams
Floor Sponsor - Barrett
Title apvd - to Senate
02/10 Senate intro - 1st rdg - to Loc Gov
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 31-0-4
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Ipsen, Keough, King, Lee, Noh, Richardson, Riggs, Risch,
Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler,
Whitworth
NAYS--None
Absent and excused--Darrington, McLaughlin, Parry, Twiggs
Floor Sponsor - Geddes
Title apvd - to House
02/26 To enrol
03/01 Rpt enrol - Sp signed
03/02 Pres signed - to Governor
03/08 Governor signed
Session Law Chapter 44
Effective: 07/01/99
H0084|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 84 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO MINES AND MINING; AMENDING SECTION 47-1206, IDAHO CODE, TO PROVIDE 3 FOR DISTRIBUTION OF REVENUES FROM THE MINE LICENSE TAX TO THE GENERAL FUND 4 AND TO THE ABANDONED MINE RECLAMATION ACCOUNT; AMENDING THE HEADING FOR 5 CHAPTER 17, TITLE 47, IDAHO CODE; AMENDING SECTIONS 47-1701, 47-1702 AND 6 47-1703, IDAHO CODE, TO PROVIDE PROPER NOMENCLATURE; AMENDING SECTION 7 47-1704, IDAHO CODE, TO REVISE THE DEFINITION OF "ABANDONED HARDROCK 8 MINE," TO REVISE THE DEFINITION OF "ELIGIBLE MINE," TO REVISE THE DEFINI- 9 TION OF "HARDROCK MINE," TO DELETE THE DEFINITION OF "MINERAL" AND TO 10 DEFINE "VALUABLE MINERAL"; AND AMENDING SECTIONS 47-1707 AND 47-1708, 11 IDAHO CODE, TO PROVIDE PROPER NOMENCLATURE. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 47-1206, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 47-1206. PAYMENT OF MINE LICENSE TAX. The license tax imposed herein 16 shall be paid to the state tax commission on or before the due date of the 17 return and the commission shall receipt therefor and promptly turn same over 18 to the state treasurer, as other receipts of its office, and the state trea- 19 surer shall placesamesixty-six percent (66%) to 20 the credit of the general fund of the state and thirty-four percent 21 (34%) to the credit of the abandoned mine reclamation account created by the 22 provisions of section 47-1703, Idaho Code . 23 SECTION 2. That the heading for Chapter 17, Title 47, Idaho Code, be, and 24 the same is hereby amended to read as follows: 25 IDAHO ABANDONEDHARDROCKMINE RECLAMATION ACT 26 SECTION 3. That Section 47-1701, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 47-1701. PURPOSE OF ACT. It is the purpose of this act to provide for the 29 reclamation of abandonedhardrockmines on state and federal 30 lands and on certain private lands, thereby protecting human health, safety 31 and welfare, conserving natural resources, aiding in the protection of wild- 32 life, aquatic resources, domestic animals, and reducing soil erosion. 33 SECTION 4. That Section 47-1702, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 47-1702. SHORT TITLE. This act may be known and cited as the "Idaho Aban- 36 donedHardrockMine Reclamation Act." 2 1 SECTION 5. That Section 47-1703, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 47-1703. FUNDING. Thisactchapter shall govern 4 the use of state and federal moneys specifically appropriated for abandoned 5hardrockmine reclamation. Thisactchapter 6 shall not require the state to expend or appropriate state moneys. The 7 board may receive federal funds, state funds, and any other funds, and, within 8 the limits imposed by a specific grant, expend them as directed by this9actchapter . All grants, funds, fees, fines, penalties and 10 other uncleared money which has been or will be paid to the state for aban- 11 donedhardrockmine reclamation shall be placed in the state 12 treasury and credited to the abandonedhardrockmine reclamation 13 account, which is hereby created. This account shall be available to the 14 board, by legislative appropriation, and shall be expended for the reclamation 15 of lands affected byhardrockeligible mining opera- 16 tions. Any unencumbered and unexpended balance of this account remaining at 17 the end of a fiscal year shall not lapse but shall be carried forward for the 18 purposes of this chapter until expended or until modified by subsequent stat- 19 ute. 20 SECTION 6. That Section 47-1704, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 47-1704. DEFINITIONS. (1) "Abandonedhardrockmine" means a 23hardrockmine deserted by the operator, having no regular mainte- 24 nance, and not covered by a valid mining claim. 25 (2) "Affected land" means the land adjacent to an eligible mine that is, 26 or may be, adversely affected by past mining operations. 27 (3) "Board" means the state board of land commissioners or such depart- 28 ment, commission, or agency as may lawfully succeed to the powers and duties 29 of such board. 30 (4) "Director" means the head of the department of lands or such officer 31 as may lawfully succeed to the powers and duties of said director. 32 (5) "Eligible mine" means an abandonedhardrockmine located 33 on land owned by the state or federal government or an abandonedhard-34rockmine located on private land when the owner of the private land 35 has requested, and the board has granted, designation as an eligible mine. 36 (6) "Hardrock mM ine" means an area where 37 valuable minerals were extracted from the earth and includes all asso- 38 ciated development areas including, but not limited to, milling and processing 39 areas, overburden disposal areas, stockpiles, roads, tailings ponds and other 40 areas disturbed at the mining operation site. 41 (7)"Mineral" means any mineral not subject to disposition under42the mineral leasing act (30 U.S.C. 181 et seq.), the geothermal steam act of431970 (30 U.S.C. 1001 et seq.), the materials act of 1947 (30 U.S.C. 601 et44seq.) or the mineral leasing act for acquired lands (30 U.S.C. 351 et seq.).45(8)"Operator" means any person or persons, any partnership, lim- 46 ited partnership, or corporation, or any association of persons, either natu- 47 ral or artificial including, but not limited to, every public or governmental 48 agency engaged inhardrockmining or mineral exploration opera- 49 tions, whether individually, jointly, or through subsidiaries, agents, employ- 50 ees, or contractors and shall mean every governmental agency owning or con- 51 trolling the use of anyhardrockmine when the mineral extracted 52 is to be used by or for the benefit of such agency. It shall not include any 3 1 governmental agency with respect to thosehardrockmining or min- 2 eral exploration operations as to which it grants mineral leases or 3 prospecting permits or similar contracts, but nothing herein shall relieve the 4 operator acting pursuant to a mineral lease, prospecting permit or similar 5 contract from the terms of thisactchapter . 6 (8) "Valuable mineral" shall have the same meaning as "valuable 7 mineral" defined in section 47-1205, Idaho Code. 8 SECTION 7. That Section 47-1707, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 47-1707. PRIORITIES. Expenditure of funds from the abandonedhard-11rockmine reclamation account shall reflect the following priorities in 12 the order stated: 13 (1) The protection of public health, safety, and general welfare from the 14 adverse effects of pasthardrockmining practices. 15 (2) The restoration of land and water resources previously degraded by 16 the adverse effects of pasthardrockmining practices. 17 SECTION 8. That Section 47-1708, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 47-1708. INTERAGENCY COORDINATION. The board shall recognize other gov- 20 ernmental, educational, and private organizations or agencies which have 21 expertise and information regarding abandonedhardrockmines and 22 affected lands. The board shall characterize, prioritize, and complete recla- 23 mation of eligible mines and affected lands in coordination with these agen- 24 cies. In addition, the board may reasonably compensate them from the abandoned 25hardrockmine reclamation account for services that the board 26 requests they provide.
STATEMENT OF PURPOSE
RS08664
This legislation would allocate 34 percent of the proceeds
from the mine license tax to the abandoned mine reclamation
account established in 47-1703. The bill would also amend the
Idaho Abandoned Hardrock Mine Reclamation Act (Title 47,
chapter 17) to eliminate the phrase "hardrock" everywhere it
appears. This would make other mines (such as phosphate and
limestone) elegible for funding under the act.
FISCAL NOTE
The FY2000 General Fund revenue projection for mine license
tax receipts is $500,000. This bill would shift $170,000 from
the general fund to the abandoned mine reclamation account.
CONTACT: Jack Lyman, Idaho Mining Association
342-0031
Representative Lenore Barrett
332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 84
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