2000 Legislation
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HOUSE BILL NO. 554, As Amended – Horse owners, assessment

HOUSE BILL NO. 554, As Amended

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Daily Data Tracking History



H0554aa.............................................by AGRICULTURAL AFFAIRS
HORSE OWNERS - ASSESSMENT - Amends existing law to provide for a referendum
to determine whether horse owners support an increase from one dollar to
three dollars in the per head assessment for funding the Idaho Horse Board;
to provide requirements for a referendum to determine whether the
assessment should continue; to provide a three dollar assessment per horse;
and to provide that the assessment shall revert to one dollar if so voted
at the referendum.
                                                                        
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Agric Aff
02/25    Rpt out - to Gen Ord
02/29    Rpt out amen - to engros
03/01    Rpt engros - 1st rdg - to 2nd rdg as amen
03/02    2nd rdg - to 3rd rdg as amen
03/07    3rd rdg as amen - PASSED - 59-8-3
      AYES -- Alltus, Barraclough(Barraclough), Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Kellogg, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley,
      Meyer, Montgomery, Mortensen, Moss, Moyle, Pomeroy, Reynolds, Ringo,
      Robison, Sali, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Trail, Wood, Zimmermann, Mr Speaker
      NAYS -- Barrett, Geddes, Gould, Judd, McKague, Pearce, Ridinger,
      Schaefer
      Absent and excused -- Kempton, Pischner, Wheeler
    Floor Sponsor - Montgomery
    Title apvd - to Senate
03/08    Senate intro - 1st rdg as amen - to Agric Aff
03/14    Rpt out - rec d/p - to 2nd rdg as amen
03/15    2nd rdg - to 3rd rdg as amen
03/29    3rd rdg as amen - PASSED - 27-3-5
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Ingram,
      Ipsen, King-Barrutia, Lee, McLaughlin, Richardson, Riggs, Risch,
      Sandy, Schroeder, Sorensen, Thorne, Wheeler, Williams
      NAYS--Hawkins, Stegner, Whitworth
      Absent and excused--Geddes, Keough, Noh, Parry, Stennett
    Floor Sponsor - Deide
    Title apvd - to House
03/30    To enrol
03/31    Rpt enrol - Sp signed
04/03    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 312
         Effective: 07/01/00

Bill Text


 H0554
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 554, As Amended
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HORSE OWNERS; AMENDING SECTION 25-2510, IDAHO CODE, TO PROVIDE FOR
  3        A REFERENDUM TO DETERMINE WHETHER HORSE OWNERS SUPPORT  AN  INCREASE  FROM
  4        ONE  DOLLAR  TO  THREE  DOLLARS IN THE PER HEAD ASSESSMENT FOR FUNDING THE
  5        IDAHO HORSE BOARD, TO PROVIDE REQUIREMENTS FOR A REFERENDUM  TO  DETERMINE
  6        WHETHER  THE  ASSESSMENT TO FUND THE IDAHO HORSE BOARD SHOULD CONTINUE AND
  7        TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 25-2505,  IDAHO  CODE,
  8        TO  PROVIDE THE ASSESSMENT PER HORSE SHALL BE THREE DOLLARS AND TO PROVIDE
  9        THAT THE ASSESSMENT SHALL REVERT TO ONE DOLLAR IF SO VOTED AT THE REFEREN-
 10        DUM.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Section 25-2510, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        25-2510.  REFERENDUM FOR HORSE OWNERS. (1) After five (5) Within three (3)
 15    years from the effective date of this section July 1, 2000, a referendum shall
 16    be held to determine if horse owners favor an increase from one dollar ($1.00)
 17    to  three  dollars  ($3.00)  in  the  continuation of the mandatory provisions
 18    assessment prescribed in section 25-2505, Idaho Code. The  question  shall  be
 19    submitted to all horse owners who had a brand inspection the year prior to the
 20    referendum.  The  brand  board shall provide a ballot at the time of the brand
 21    inspection. Horse owners who have been issued a lifetime brand inspection sub-
 22    sequent to the effective date of this amendment after July 1, 2000,  are  also
 23    eligible to participate in the referendum and may do so by requesting a ballot
 24    from  the  Idaho horse board. Voting shall be by secret ballots upon which the
 25    words "Do you favor the continuation of a the increase from one dollar ($1.00)
 26    to three dollars ($3.00) in the mandatory assessment to fund the  Idaho  Horse
 27    Board?"  are  printed with a square before each of the printed words "YES" and
 28    "NO" with directions to insert an "X" mark in the square before  the  proposi-
 29    tion  which the voter favors. If a majority of the referendum vote is in favor
 30    of continuing the mandatory program assessment of three dollars  ($3.00),  the
 31    provisions  of  section 25-2505, Idaho Code, shall be extended indefinitely or
 32    until such time that the horse board deems it necessary to hold another refer-
 33    endum on the issue.  If a majority of the referendum vote is against the three
 34    dollar ($3.00) assessment provided in section 25-2505, Idaho Code, the assess-
 35    ment shall revert to one dollar ($1.00)  on  the  date  the  director  of  the
 36    department of agriculture announces the results of the referendum.
 37        (2)  After  five  (5)  years  from  the  effective  date of the referendum
 38    required in the provisions of subsection (1) of this section, and  every  five
 39    (5)  years  thereafter,  a  referendum  on  the  continuation of the mandatory
 40    assessment to fund the Idaho horse board may be held at the petition of  horse
 41    owners, or at the request of the Idaho horse board. The question shall be sub-
 42    mitted to all horse owners who paid an assessment the year before the referen-
 43    dum  and  by  owners who hold a lifetime brand inspection issued since July 1,
                                                                        
                                           2
                                                                        
  1    1993. The question shall be submitted by secret ballots upon which the  words,
  2    "Do  you  favor  the  continuation of a mandatory assessment to fund the Idaho
  3    Horse Board?" are printed with a square before each of the printed words "YES"
  4    and "NO" with directions to insert an "X" mark in the square before the  ques-
  5    tion which the voter favors.  If a majority of the referendum vote is in favor
  6    of  continuing  the mandatory assessment, all of the provisions of chapter 25,
  7    title 25, Idaho  Code, shall continue. If a majority of the referendum vote is
  8    against continuing the mandatory assessment, the assessment imposed in section
  9    25-2505, Idaho Code, shall cease to be mandatory on the date the  director  of
 10    the  department  of  agriculture announces the results of the referendum vote.
 11    The procedures necessary to initiate a referendum under the provisions of this
 12    subsection are as follows:
 13        (a)  A referendum shall be held if the  Idaho  department  of  agriculture
 14        receives  a  petition  requesting  such a referendum signed by ten percent
 15        (10%) or more of horse owners who have had a brand inspection,  in  either
 16        of the two (2) immediate past years; or
 17        (b)  A  referendum  shall  be  held if the Idaho department of agriculture
 18        receives a written request for such referendum from the Idaho horse board.
 19        (3)  (a)  Any referendum shall be conducted only among owners who paid  an
 20    assessment  the year prior to the referendum and by owners who hold a lifetime
 21    brand inspection issued since 1993. held pursuant to subsections (1)  and  (2)
 22    of this section shall be conducted as follows:
 23        (ba)  Any  referendum  must be supervised by the Idaho department of agri-
 24        culture.
 25        (cb)  Any referendum shall be held, and the result determined and declared
 26        by the director of the department of  agriculture,  and  recorded  in  the
 27        office of the secretary of state.
 28        (dc)  Notice of any referendum must be given by the Idaho horse board in a
 29        manner  determined  by it. The ballots must be prepared by the Idaho horse
 30        board and forwarded to eligible owners. as prescribed in subsection (1) of
 31        this section. Returned ballots shall be delivered to the Idaho  department
 32        of  agriculture,  main  office,  Boise, Idaho, on or before July 20 of the
 33        year of the referendum.
 34        (ed)  The Idaho horse board shall pay the costs of any referendum.
                                                                        
 35        SECTION 2.  That Section 25-2505, Idaho Code, be, and the same  is  hereby
 36    amended to read as follows:
                                                                        
 37        25-2505.  ASSESSMENTS  --  COLLECTION.  (1)  There  is  hereby  levied and
 38    imposed upon all horses an assessment of  not  more  than  one  three  dollars
 39    ($13.00)  per head to be paid by the owner. The assessment shall revert to one
 40    dollar ($1.00) if the referendum held as provided in section 25-2510(1), Idaho
 41    Code, results in a majority vote opposing the three dollar ($3.00) assessment.
 42    A reversion to a one dollar ($1.00) assessment shall be effective on the  date
 43    the  director  of the department of agriculture announces, as provided in sec-
 44    tion 25-2510, Idaho Code, that the referendum  resulted  in  a  majority  vote
 45    opposing the three dollar ($3.00) assessment.
 46        (2)  The  assessment levied and imposed in this section shall be collected
 47    on all brand inspections completed on horses in the state of Idaho.
 48        (3)  The state brand inspector shall collect the  assessment  in  addition
 49    to,  at  the  same  time,  and in the same manner as the fee charged for state
 50    brand inspections. The assessment so collected belongs to and shall be paid to
 51    the Idaho horse board, either directly or later by remittance together with  a
 52    report  detailing  collection of the assessment. The board shall reimburse the
 53    state brand inspector for the reasonable and necessary expenses  incurred  for
                                                                        
                                           3
                                                                        
  1    such collection, in an amount determined by the board and the inspector.

Amendment


 AH0554
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Jones               
                                                                        
                                                     Seconded by Montgomery          
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 554
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 14,  delete "Within five  (5)"  and
  3    insert: "five (5) Within three (3)".

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                       RS 09805 
     
     The purpose of this proposed legislation is to raise the mandatory check-off for
     horse owners in the state of Idaho from one ($1.00) to three ($3.00) dollars per
     head. The assessment is collected at the time the horse is brand inspected. The
     monies are utilized by the Idaho Horse Board for promotion, research, and
     education purposes. The increase in the check-off must be approved by horse
     owners through a referendum that must be held before July 1, 2005. 
     
     
     
     
                    FISCAL IMPACT 
     
     Annual inspections by the Department of Brands for horses in the state of Idaho
     are between 18,000-20,000 head per year. Therefore, this proposed legislation
     would have an impact on the equine industry of approximately $36,000-$40,000
     per year. 
     
     
     
     
               Contact:  Earl Lilley, Idaho Horse Council
               365-3176 
     
               Stan Boyd
               344-2271 
     
                                                  STATEMENT OF PURPOSE/ FISCAL NOTE                                H 554