2001 Legislation
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HOUSE BILL NO. 210 – Pea/lentil comm, tax rate

HOUSE BILL NO. 210

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Daily Data Tracking History



H0210...............................................by AGRICULTURAL AFFAIRS
PEA AND LENTIL COMMISSION - Amends existing law to authorize the Idaho Pea
and Lentil Commission to establish the rate of tax to be imposed of not
less than one percent; but not to exceed two percent, of the net receipts
of specified agricultural commodities at the first point of sale.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Agric Aff
02/23    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 66-0-4
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman,
      Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Jones, Stone, Swan
    Floor Sponsor -- Young
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Agric Aff
03/20    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/26    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Goedde
    Title apvd - to House
03/28    To enrol - rpt enrol - Sp signed - Pres signed
03/29    To Governor
04/02    Governor signed
         Session Law Chapter 298
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 210
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PEA AND LENTIL COMMISSION;  AMENDING  SECTION  22-3515,  IDAHO
  3        CODE,  TO  AUTHORIZE  THE IDAHO PEA AND LENTIL COMMISSION TO ESTABLISH THE
  4        RATE OF TAX TO BE IMPOSED OF NOT LESS THAN ONE PERCENT, BUT NOT TO  EXCEED
  5        TWO  PERCENT, OF THE NET RECEIPTS OF SPECIFIED AGRICULTURAL COMMODITIES AT
  6        THE FIRST POINT OF SALE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 22-3515, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        22-3515.  IMPOSITION OF ASSESSMENT. (1) From and after July 1, 1997, there
 11    is  hereby  levied  and imposed an assessment of an amount not to be less than
 12    one percent (1%) nor to exceed two percent (2%) of the  net  receipts  at  the
 13    first point of sale, to be deducted by the first purchaser from the price paid
 14    to the grower on dry peas or lentils grown in Idaho, or chickpeas or garbanzos
 15    grown north of the Salmon River, sold after July 1, 1997, dockage free weight,
 16    and  sold  or  contracted through commercial channels, and each and every crop
 17    grown thereafter. The assessment  provided in this subsection shall be paid at
 18    such time or times as the commission may by rule prescribe.
 19        (2)  The assessment shall be levied and assessed to the grower at the time
 20    of delivery for sale and shall be deducted by the  first  purchaser  from  the
 21    price  paid  to  the grower at the time of sale or in case of a lienholder who
 22    may possess such peas or lentils under  his  lien,  the  assessment  shall  be
 23    deducted  by  the  lienholder  from the proceeds of the claims secured by such
 24    lien at the time the peas or lentils are pledged or mortgaged. The  assessment
 25    shall  be deducted as provided in this section whether the peas or lentils are
 26    stored in this or any other state. The commission  may,  however,  permit  any
 27    federal  corporation,  such  as the commodity credit corporation, to waive its
 28    responsibility for the collection of the assessment, provided  the  amount  of
 29    the assessment is one dollar ($1.00) or less.
 30        (3)  It  shall be within the discretion of the commission to establish the
 31    amount of the tax to be levied as provided in subsection (1) of this  section.
 32    The decision whether to adjust the amount of the tax to be levied and the time
 33    for  which  the  adjusted  levy shall be in effect shall require the vote of a
 34    majority of the commission members.
 35        (4)  The assessment shall be levied on peas and lentils grown  and  deliv-
 36    ered  on seed or grower contracts. The assessment shall be levied and assessed
 37    to the grower at the time of settlement and shall be deducted by the seed com-
 38    pany, corporation, cooperative, partnership, or person from the price paid  to
 39    the  grower  at  the  time  of settlement for fulfillment of conditions as set
 40    forth in grower contracts.
 41        (45)  The assessment shall not be levied on peas and lentils retained  and
 42    used by the grower for his own seed and feed.
 43        (56)  The  assessment  constitutes  a  lien  prior  to all other liens and
                                                                        
                                           2
                                                                        
  1    encumbrances upon such peas or lentils except liens which are  declared  prior
  2    by operation of a statute of this state.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 10881
The legislation authorizes the Idaho Pea and Lentil Commission to
establish the rate of tax to be imposed of not less than one
percent, but not to exceed two percent, of specified agricultural
commodities at the first point of sale.  The decision whether to
adjust the amount of the tax to be levied and the time for which
the adjusted levy shall be in effect shall require the vote of a
majority of the commission members.
                          FISCAL IMPACT

There will be no fiscal impact on the General Fund.

Contact
Name: Rep. Tom Trail 
Phone: 332-1202
Rep. Gary Young
Phone: 332-1218


STATEMENT OF PURPOSE/FISCAL NOTE                        H 210