2005 Legislation
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HOUSE BILL NO. 66 – Scaling Practice Bd, meetings.


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Bill Status

H0066.........................................by RESOURCES AND CONSERVATION
SCALING PRACTICES BOARD - Amends existing law to decrease, from four to
two, the minimum number of meetings the State Board of Scaling Practices is
required to hold in each calendar year.
01/28    House intro - 1st rdg - to printing
01/31    Rpt prt - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/02    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, Loertscher, Martinez, Mathews, McGeachin,
      McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, LeFavour, Wood
    Floor Sponsor - Sayler
    Title apvd - to Senate
02/03    Senate intro - 1st rdg - to Res/Env
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Bunderson, Burkett, Burtenshaw, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
      Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Broadsword
    Floor Sponsor - Williams
    Title apvd - to House
02/25    To enrol
02/28    Rpt enrol - Sp signed
03/01    Pres signed - To Governor
03/02    Governor signed
         Session Law Chapter 29
         Effective: 07/01/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 66
  1                                        AN ACT
  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:
  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, provided that no such assessment shall
 13    be levied more than once on any forest product. The board shall set times  and
 14    places for its meetings and shall hold not less than four (4) two (2) meetings
 15    in  each  calendar  year.  The board shall designate a meeting date on which a
 16    budget shall be adopted and assessment shall be levied. Notice of such meeting
 17    shall be given thirty (30) days prior thereto in a newspaper of general circu-
 18    lation throughout the state. The board shall designate and levy an  assessment
 19    as  herein  provided to raise moneys necessary to fund operations of the board
 20    and the state scaling program established by this chapter based upon the  bud-
 21    get  adopted  and notice of such levy shall be given in the notice of the bud-
 22    get. The budget and assessment shall become effective  upon  adoption  by  the
 23    board.  In the event a written request is made therefor by any interested per-
 24    son within thirty (30) days after notice of the budget and assessment has been
 25    published, the board shall set a time and place for a  hearing  at  which  any
 26    person  may  submit  recommendations for changes in the budget and the assess-
 27    ment. 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
  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 14388

This bill corrects an inconsistency in the law. The law requires
the State Board of Scaling Practices to meet a minimum of two
times per year in one instance, and four times per year in
another. The correct number should be two.

                          FISCAL IMPACT

No impact on the General Fund.

Name: Ron Litz, Lands, Department of 
Phone: 208-666-8604

STATEMENT OF PURPOSE/FISCAL NOTE                      H 66