Print Friendly SENATE BILL NO. 1347 – Brand inspection fees, certn, incr
SENATE BILL NO. 1347
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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
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
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
|||| 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 ($1.50) for each head of horses, mules and
14 (2) A minimum fee of three ten dollars ($ 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
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
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.
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
STATEMENT OF PURPOSE/ FISCAL NOTE S1347