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S1346...............................................by AGRICULTURAL AFFAIRS BRANDS - Amends existing law to authorize the State Brand Board to prorate brand recording charges in order to implement a staggered renewal system; and to reduce the fee for sales and transfers of brands. 02/02 Senate intro - 1st rdg - to printing 02/03 Rpt prt - to Agric Aff 02/11 Rpt out - rec d/p - to 2nd rdg 02/14 2nd rdg - to 3rd rdg 02/18 3rd rdg - PASSED - 34-0-1 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Branch Floor Sponsor - Williams Title apvd - to House 02/21 House intro - 1st rdg - to Agric Aff 03/09 Rpt out - rec d/p - to 2nd rdg 03/10 2nd rdg - to 3rd rdg 03/23 3rd rdg - PASSED - 65-0-5 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Black, Crow, Deal, Henbest, Wood Floor Sponsor - Lake Title apvd - to Senate 03/24 To enrol 03/27 Rpt enrol - Pres signed - Sp signed 03/28 To Governor 03/29 Governor signed Session Law Chapter 79 Effective: 03/29/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1346 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO RECORDING BRANDS; AMENDING SECTION 25-1144, IDAHO CODE, TO AUTHO- 3 RIZE THE STATE BRAND BOARD TO PRORATE FEES TO IMPLEMENT A STAGGERED BRAND 4 RENEWAL SYSTEM; AMENDING SECTION 25-1146, IDAHO CODE, TO REDUCE THE FEE 5 FOR SALES AND TRANSFERS OF BRANDS; AND DECLARING AN EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 25-1144, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 25-1144. MANNER OF RECORDING BRANDS. Every stock grower whose brands are 10 not recorded, desiring to use any brand on any livestock shall make and file 11 an application setting forth a facsimile and description of the brand which he 12 desires to use which application shall state the post-office address and 13 county of his residence and he shall file such application with the state 14 brand inspector and the same shall be recorded in a book kept for that pur- 15 pose, by the state brand inspector and from and after the filing of such 16 application, the stock grower filing the same, shall have the exclusive right 17 to use such brand, within the state of Idaho. Such recording shall be valid 18 for a period of not more than five (5) years, as determined by rules of the 19 state brand board, subject to the renewal provisions of section 25-1145, Idaho 20 Code. Such person upon the filing of the brand shall pay to the state brand 21 inspector for recording the brand the sum of not more thanfifty dollars 22 ($50.00) and the board may prorate the fee to facilitate implementation of a 23 staggered brand renewal system. I it shall be the duty of the state brand 24 inspector to furnish without further or other charge, one (1) certified copy 25 of the application to the owner thereof upon his request and for each addi- 26 tional copy he shall be paid a reasonable fee as determined by the state brand 27 board not to exceed one dollar and fifty cents ($1.50) for the additional cer- 28 tified copies: provided, further, that the state brand inspector shall not 29 file or record any such brand if the same has already been filed or recorded 30 by him in favor of some other stock grower. The certified copy of the applica- 31 tion shall contain the registration number of such brand, description or fac- 32 simile copy of the recorded brand, location of brand on the animal, expiration 33 of the recorded brand and the name and address of the owner of the recorded 34 brand. 35 SECTION 2. That Section 25-1146, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 25-1146. SALES AND TRANSFERS OF BRANDS. Any brand recorded in accordance 38 with the requirements of this chapter shall be the property of the stock 39 grower in whose name the same shall be recorded, and shall be subject to sale, 40 assignment, transfer, devise and descent, the same as personal property. 41 Instruments of writing evidencing any such sale, assignment or transfer shall 2 1 be acknowledged as deeds to real estate are now required to be, and shall be 2 recorded in the office of the state brand inspector in a book to be by said 3 officer kept for that purpose, which shall be properly indexed. The recording 4 of such instruments in said office shall have the same force and effect as to 5 third parties, as the recording of instruments affecting real estate, and the 6 acknowledgment of the same shall have the same force and effect as the 7 acknowledgment of deeds to real estate, and certified copies of the record of 8 any such instrument, duly acknowledged, may be introduced in evidence the same 9 as is now provided for certified copies of instruments affecting real estate. 10 The fee of the state brand inspector for recording the writings evidencing 11 each such sale, assignment or transfer shall be fiftytwenty-five dollars 12 ($25 0.00). 13 SECTION 3. An emergency existing therefor, which emergency is hereby 14 declared to exist, this act shall be in full force and effect on and after its 15 passage and approval.
STATEMENT OF PURPOSE RS 09768C1 The first component of this bill separates the $50.00 recording fee and prorates the yearly maintenance fee at $10.00 per year. This will effect only new brand recordings. The second component of this bill reduces our current $50.00 transfer fee to $25.00, possibly effecting all registered brand owners. Separating the recording fee and prorating the maintenance fee creates fairness to all new brand owners entering into the current staggered brand system. Prorating the maintenance fee clarifies confusion by new brand owners entering into a staggered brand system. Reducing our current transfer fee is equitable, as brand transfers do not require the labor-intensive research of any prerecorded conflicting brand esigns. FISCAL IMPACT Based on past recording history, prorating a maintenance fee entering into a staggered brand system will generate approximately $16,000.00 in revenue per year for new brand recordings. A reduction of our current $50.00 transfer fee to $25.00 based on past history of brand transfers will cause an approximate deficit of $4,000.00 in revenue per year. Contact: Larry Hayhurst, State Brand Inspector 884-7070 STATEMENT OF PURPOSE/ FISCAL NOTE S 1346