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H0046...........................................................by MR. SPEAKER
Requested by: Department of Lands
FOREST LAND OWNERS - Amends existing law to allow the State Board of Land
Commissioners to increase assessments for fire protection for private owners
of forest lands whose total acres of forest lands are twenty-six acres or more
from forty-five cents per acre to a maximum of sixty cents per acre; and to
allow the State Board of Land Commissioners to increase the improved lot or
parcel surcharge from ten dollars to a maximum of twenty dollars.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Res/Con
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 62-1-7
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block, Boe,
Bolz, Bradford, Campbell, Cannon, Clark, Crow, Cuddy, Deal, Denney,
Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,
Garrett, Harwood, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst,
Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Sali,
Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr.
Speaker
NAYS -- Henbest
Absent and excused -- Barrett, Bieter, Collins, Eberle, Jones, Rydalch,
Wood
Floor Sponsor - Cuddy
Title apvd - to Senate
02/17 Senate intro - 1st rdg - to Res/Env
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Burtenshaw
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/17 To Governor
Governor signed
Session Law Chapter 79
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 46 BY MR. SPEAKER Requested by: Department of Lands 1 AN ACT 2 RELATING TO ASSESSMENTS ON OWNERS OF LAND FOR FOREST PROTECTION; AMENDING SEC- 3 TION 38-111, IDAHO CODE, TO ALLOW THE STATE BOARD OF LAND COMMISSIONERS TO 4 INCREASE THE ASSESSMENT FOR PRIVATE OWNERS OF FOREST LANDS WHOSE TOTAL 5 ACRES OF FOREST LANDS ARE TWENTY-SIX ACRES OR MORE FROM FORTY-FIVE CENTS 6 PER ACRE TO A MAXIMUM OF SIXTY CENTS PER ACRE AND TO INCREASE THE IMPROVED 7 LOT OR PARCEL SURCHARGE FROM TEN DOLLARS TO A MAXIMUM OF TWENTY DOLLARS 8 FOR EACH IMPROVED LOT OR PARCEL. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 38-111, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 38-111. PROTECTION BY OWNER -- ASSESSMENTS -- BUDGET OF PROTECTIVE DIS- 13 TRICTS. Every owner of forest lands in the state shall furnish or provide 14 therefor, throughout the closed season, protection against the starting, exis- 15 tence or spread of fires thereon, or therefrom, in conformity with reasonable 16 rules and standards for adequate protection, to be established by the state 17 board of land commissioners. An owner of forest lands who maintains a member- 18 ship in good standing in a forest protective association operating under 19 agreement with the state board of land commissioners, which association main- 20 tains a standard of protection approved by said board and who pays the assess- 21 ments to the association in the amounts required in this section, shall be 22 deemed to have fully complied herewith. In the event the owner of any forest 23 land shall neglect or fail to furnish the protection required in this section, 24 the director of the department of lands shall provide such patrol and protec- 25 tion therefor at actual cost to the owner of forest lands. For private owners 26 of forest lands whose total acres of forest lands are twenty-six (26) acres or 27 more, the state board of land commissioners shall establish this costshall28 not to exceedforty-fivesixty cents (4560) an acre per year. For private 29 owners of forest lands whose total acres of forest lands are twenty-five (25) 30 acres or fewer, the minimum assessment per year shall be equal to the per acre 31 cost multiplied by twenty-five (25). 32 In addition to any other assessment prescribed in this chapter, the state 33 board of land commissioners shall establish a surchargeshallto be levied and 34 assessed inthean amountof tennot to exceed twenty dollars ($120.00) for 35 each improved lot or parcel, to defray the cost of fire suppression on forest 36 land caused by the existence of the improvements. 37 In the event an assessment is made in an amount less than the maximum 38 hereinbefore provided, and an actual loss occurs which exceeds the amount bud- 39 geted and for which assessments have been made, the director of the department 40 of lands, with the approval of the board, may require an additional assessment 41 to be made and paid, which together with the original assessment shall not 42 exceed the maximum assessment set forth in this section. Such additional 43 assessment shall be levied and collected in the same manner as herein provided 2 1 for the collection of such original assessments. The liability provided in 2 this section shall be calculated for each forest protection district or asso- 3 ciation separately, and shall be calculated solely upon the charges assignable 4 to fire control or presuppression of fires within each district or associa- 5 tion. 6 Each forest protective association actively engaged in forest protection 7 under agreement with the state board of land commissioners shall each year 8 prepare in detail, a budget of all estimated operating costs for the next cal- 9 endar year and shall submit this budget to the board for approval before June 10 30 of the current year. 11 Except for the provisions of section 38-122, Idaho Code, and cases of 12 proven negligence by the landowner or his agent, no other charges or assess- 13 ments for fire protection shall be made or assessed or collected from those 14 forest landowners participating as provided herein.
STATEMENT OF PURPOSE
RS 12310
Previously, the legislature has attempted to establish forest
protection landowner assessments so that landowners were funding
approximately 50% of the preparedness costs. The current cost of
fire preparedness is about $1.08/acre. The proposed legislation
amends Section 38-111, Idaho Code, to allow the State Board of Land
Commissioners to increase the landowner assessment for forest
protection from $0.45/acre to a maximum of $.60/acre, and the
improved lot or parcel surcharge from $10.00 to a maximum of
$20.00, which will restore the landowner's share of preparedness to
about 50% for the next few years.
FISCAL IMPACT
Revenues from forest landowner assessments will increase from about
$2,000,000 to $2,825,000 per year. These monies are deposited in
the forest protection dedicated account and utilized to defray
wildland fire preparedness costs.
CONTACT
Name: Ronald Litz, Assistant Dir
Agency: Lands, Dept of
Phone: 208-666-8604
Statement of Purpose/Fiscal Impact H 4