View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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
S1346
|||| 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 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
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 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
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