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H0637.........................................by RESOURCES AND CONSERVATION
SCALING PRACTICES BOARD - Amends existing law to decrease from four to two
the number of meetings the Board of Scaling Practices shall hold in each
calendar year.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Res/Con
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 637
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO THE BOARD OF SCALING PRACTICES; AMENDING SECTION 38-1209, IDAHO
3 CODE, TO DECREASE THE MINIMUM NUMBER OF MEETINGS THE BOARD SHALL HOLD IN
4 EACH CALENDAR YEAR AND TO MAKE A TECHNICAL CORRECTION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 38-1209, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 38-1209. LEVY OF ASSESSMENT -- BUDGET -- HEARING -- FUNDS -- BOND OF SEC-
9 RETARY -- SALARY. (a) The board is hereby authorized and directed to levy an
10 assessment on the scale of all forest products harvested within the state of
11 Idaho in an amount not to exceed twenty cents (20¢) per thousand (1,000) board
12 feet or twelve cents (12¢) per cunit unit, provided that no such assessment
13 shall be levied more than once on any forest product. The board shall set
14 times and places for its meetings and shall hold not less than four (4) two
15 (2) meetings in each calendar year. The board shall designate a meeting date
16 on which a budget shall be adopted and assessment shall be levied. Notice of
17 such meeting shall be given thirty (30) days prior thereto in a newspaper of
18 general circulation throughout the state. The board shall designate and levy
19 an assessment as herein provided to raise moneys necessary to fund operations
20 of the board and the state scaling program established by this chapter based
21 upon the budget adopted and notice of such levy shall be given in the notice
22 of the budget. The budget and assessment shall become effective upon adoption
23 by the board. In the event a written request is made therefor by any inter-
24 ested person within thirty (30) days after notice of the budget and assessment
25 has been published, the board shall set a time and place for a hearing at
26 which any person may submit recommendations for changes in the budget and the
27 assessment. Thereafter the board shall either confirm or modify the budget and
28 assessment and cause notice of such action to be published in a newspaper of
29 general circulation throughout the state within ten (10) days after such
30 action. If the budget or the assessment is modified, the modification shall
31 become effective upon publication. Such hearing shall be held not later than
32 thirty (30) days after receipt of a written request therefor.
33 (b) The assessment herein provided shall be levied against and paid by
34 the purchaser. The term "purchaser" as used herein shall also include the
35 owner of the timber where the owner processes or utilizes the forest products
36 in its operations or where the owner sells forest products outside the state
37 of Idaho and the forest products are scaled within the state of Idaho, pro-
38 vided that the assessment provided in this chapter shall not be levied against
39 the United States of America, nor any unit nor agency thereof. The assessment
40 shall be transmitted to the board on or before the twentieth day of each month
41 for all timber harvested during the previous month.
42 (c) The secretary of the board shall receive and account for all moneys
43 derived under the provisions of this act, and shall pay the same monthly to
2
1 the state treasurer, who shall keep such moneys in a separate account to be
2 known as the "state scaling account," which is hereby created in the state
3 treasury. Such account shall be kept separate and apart from all other moneys
4 in the treasury, and shall be paid out only on approval of the board. All
5 moneys in the "state scaling account" are hereby continually appropriated for
6 the use of the board. The board may establish, maintain and use a rotary fund
7 as provided by state law. The secretary of the board shall give a surety bond
8 to the state in such sum as the board may determine. The premium on said bond
9 shall be regarded as a proper and necessary expense of the board, and shall be
10 paid out of the "state scaling account." The secretary of the board shall
11 receive such salary as the board shall determine in addition to the compensa-
12 tion and expenses provided in section 38-1205, Idaho Code. The board may
13 employ such clerical or other assistants as are necessary for the proper per-
14 formance of its work, and may make expenditures of this account for any pur-
15 pose which in the opinion of the board is reasonably necessary for the proper
16 performance of its duties under this act. All warrants on said "state scaling
17 account" shall be drawn by the state controller on vouchers by the board and
18 the state board of examiners.
STATEMENT OF PURPOSE
RS 13763
This legislation is in reference to clarification of units
and reduces the number of Scaling Board Meetings from four per
year to two per year.
FISCAL IMPACT
There is no impact to the General Fund. There will be a
small savings to the State Endowment Fund, due to the reduction
in the number of required meetings.
Contact
Name: Rep. Chuck Cuddy, House of Representatives
Phone: (208) 332-1000
Dir. Winston Wiggins
Phone: (208) 334-0200
STATEMENT OF PURPOSE/FISCAL NOTE H 637