2000 Legislation
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SENATE BILL NO. 1346 – Brand recording charges, prorated


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Daily Data Tracking History

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
      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

Bill Text

  ||||              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
  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  than  fifty  dollars
 22    ($50.00)  and  the board may prorate the fee to facilitate implementation of a
 23    staggered brand renewal system. Iit 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
  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 fifty twenty-five dollars
 12    ($250.00).
 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 / Fiscal Impact

                      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 

                          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

STATEMENT OF PURPOSE/ FISCAL NOTE                            S 1346