2000 Legislation
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SENATE BILL NO. 1347 – Brand inspection fees, certn, incr

SENATE BILL NO. 1347

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Daily Data Tracking History



S1347...............................................by AGRICULTURAL AFFAIRS
BRAND INSPECTIONS - Amends existing law to increase the minimum fee to be
collected for brand inspection when the brand inspector must travel from
his assigned duty post.
                                                                        
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 - 33-1-1
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS--King-Barrutia
      Absent and excused--Branch
    Floor Sponsor - Burtenshaw
    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 - 57-8-5
      AYES -- Barraclough, Bell, Bieter, Boe, Bruneel, Callister, Campbell,
      Chase, Clark, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner,
      Gould, Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet,
      Jones, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
      Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail, Wheeler, Zimmermann
      NAYS -- Alltus, Barrett, Cheirrett, Geddes, Judd, McKague, Pearce, Mr
      Speaker
      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 80
         Effective: 07/01/00

Bill Text


 S1347
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1347
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BRAND INSPECTION FEES; AMENDING SECTION 25-1160,  IDAHO  CODE,  TO
  3        INCREASE  THE  MINIMUM FEE FOR TRAVELING TO A BRAND INSPECTION SITE AND TO
  4        MAKE TECHNICAL CORRECTIONS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 25-1160, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        25-1160.  BRAND  INSPECTION  FEES.  (1)  The  maximum  fee  which shall be
  9    charged by the state brand inspector and his  deputies  for  brand  inspection
 10    shall be:
 11        (a)  One dollar ($1.00) for each head of cattle;
 12        (b)  One dollar and fifty cents ($1.50) for each head of horses, mules and
 13        asses.
 14        (2)  A  minimum fee of three ten dollars ($310.00) shall be charged by the
 15    state brand inspector and his deputies for each brand  inspection  certificate
 16    issued,  whether for cattle, horses, mules or asses, or a combination thereof.
 17    The minimum brand inspection fee shall apply only in those cases when a  brand
 18    inspector must travel over one (1) mile from his assigned duty post.
 19        (3)  The  minimum fee for brand inspection services at any normally sched-
 20    uled livestock auction sale is fifty dollars ($50.00) per day,  and  shall  be
 21    paid  by  the  livestock  auction  sale,  whether  or  not the inspection fees
 22    received from the owners of livestock inspected equals the minimum fee. If the
 23    fees paid by the owners of livestock inspected at the sale exceed the  minimum
 24    fee,  the actual amount of fees collected shall be paid, rather than the mini-
 25    mum amount.
 26        (4)  The fee for brand inspection services at any livestock  auction  sale
 27    which is not a normally scheduled livestock auction sale shall be:
 28        (a)  Eighteen  dollars  ($18.00)  per  hour  for each hour that each brand
 29        inspector spends engaged in the performance of brand  inspection  services
 30        at the livestock auction sale;
 31        (b)  A  mileage  rate  as  established by the state board of examiners per
 32        mile per vehicle for each mile  that said brand inspector(s)  must  travel
 33        to and from the sale from his assigned duty post.
 34    The  minimum  fee, not including mileage, shall be the actual hours worked, or
 35    thirty-six dollars ($36.00) per day, or the inspection fees as  set  forth  in
 36    subsection (1) of this section, whichever is greater.
 37        (5)  The state brand board may adopt a schedule or schedules of fees which
 38    are below the maximum fees and may adjust such schedule or schedules from time
 39    to time whenever such board finds that the cost of administering and enforcing
 40    the  laws of the state of Idaho for brand inspection of livestock can be main-
 41    tained with such below-maximum fees. All such fees shall be paid by the  owner
 42    of  the  cattle,  horses,  mules  and  asses  and  credited to the state brand
 43    account.
                                                                        
                                           2
                                                                        
  1        (6)  All brand inspection fees, and all other fees required by law  to  be
  2    collected  by  the brand inspector, are due and payable at the time of inspec-
  3    tion, but the brand board may, by rules, and regulations, allow  all  of  such
  4    fees  to  be  paid on a schedule that requires payment at least monthly, after
  5    receiving a request for such delayed payment schedule and after  such  request
  6    is  approved by the state brand inspector. The brand board may require a secu-
  7    rity deposit to insure the prompt payment of all fees owed to the state. Fail-
  8    ure to pay as required shall be cause for  the  brand  inspector  to  file  an
  9    action in the district court of the county wherein the inspection was made for
 10    the  amount  of  all  fees owed, plus all costs and reasonable attorney's fees
 11    associated with the action plus interest at  the  rate  specified  in  section
 12    28-22-104, Idaho Code, on the amount owed from the due date.
 13        (7)  Any brand inspector who must travel beyond the border of the state of
 14    Idaho  to  investigate  a  possible violation of this chapter is entitled to a
 15    mileage rate, as established by the state board of  examiners,  per  mile  per
 16    vehicle  for  each  mile  that the brand inspector must travel to and from his
 17    assigned duty post, and eighteen dollars ($18.00) per hour for each hour  that
 18    each  brand inspector spends engaged in the investigation. The minimum fee for
 19    each brand inspector, not including mileage, shall be the actual hours worked,
 20    or thirty-six dollars ($36.00) per day, or the hourly inspection fees,  which-
 21    ever is greater.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 09769 

This bill increases our minimum $3.00 field brand inspection fee to 
$10.00 "when a brand inspector has to travel." The purpose of this 
bill is to align our cost of services in a more equitable manner 
throughout the Idaho Livestock Industry.  Raising our minimum field 
brand inspection fee will prolong an inevitable across the board 
"per head" fee increase.

                          FISCAL IMPACT 

The Idaho Livestock Industry will be fiscally impacted approximately 
$80-85,000.00 annually by a minimum field brand inspection fee increase. 
Specifically, the Idaho Horse Industry will be impacted approximately 
$30-35,000.00 based on 14,000+ head of horses inspected in the field.  
The Cattle industry will be impacted approximately $50-$55,000.00 based 
on approximately 1,000,000+ head of cattle inspected in the field.

Contact: Larry Hayhurst, State Brand Inspector
884-7070

STATEMENT OF PURPOSE/ FISCAL NOTE                             S1347