Print Friendly HOUSE BILL NO. 210 – Pea/lentil comm, tax rate
HOUSE BILL NO. 210
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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
|||| 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
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
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.
There will be no fiscal impact on the General Fund.
Name: Rep. Tom Trail
Rep. Gary Young
STATEMENT OF PURPOSE/FISCAL NOTE H 210