2004 Legislation
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HOUSE BILL NO. 637 – Scaling Practices Bd, meetings

HOUSE BILL NO. 637

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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