2005 Legislation
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HOUSE BILL NO. 150 – Grape juice/out-of-state production

HOUSE BILL NO. 150

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Bill Status



H0150aaS...................................................by STATE AFFAIRS
IDAHO GRAPE GROWERS - Amends existing law relating to Idaho Grape Growers
and Wine Producers to provide for taxation of grape juice purchased from
producers outside the state.
                                                                        
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to St Aff
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 68-1-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Denney, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, 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, Wood, Mr. Speaker
      NAYS -- Crow
      Absent and excused -- Edmunson
    Floor Sponsor - Jones
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to St Aff
03/03    Rpt out - to 14th Ord
04/06    Rpt out amen - to 1st rdg as amen
    1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 33-0-2
      AYES -- Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher(Fulcher), Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Andreason, Gannon
    Floor Sponsor - McGee
    Title apvd - to House
04/06    House concurred in Senate amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 64-0-6
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Collins, Crow, Deal, Denney, Edmunson,
      Ellsworth(Ellsworth), Eskridge, Field(18), Field(23), Garrett, Hart,
      Harwood, Henbest, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher,
      Martinez, Mathews, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring(Roberge), Ringo, Roberts,
      Rusche, Rydalch, Sali, Sayler(Callen), Schaefer, Shepherd(8),
      Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Clark, Henderson, McGeachin, Shepherd(2),
      Smith(24), Trail
    Floor Sponsor - Jones
    Title apvd - to enrol
04/07    Rpt enrol - Sp/Pres signed - To Governor
04/11    Governor signed
         Session Law Chapter 335
         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. 150
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO IDAHO GRAPE GROWERS AND WINE PRODUCERS; AMENDING SECTION  54-3604,
  3        IDAHO  CODE,  TO  PROVIDE  THAT COMMISSION MEMBERS CURRENTLY SERVING SHALL
  4        CONTINUE TO SERVE UNTIL REAPPOINTED OR A NEW MEMBER IS  APPOINTED  AND  TO
  5        MAKE  TECHNICAL CHANGES; AND AMENDING SECTION 54-3610, IDAHO CODE, TO PRO-
  6        VIDE FOR TAXATION OF GRAPE JUICE  PURCHASED  FROM  PRODUCERS  OUTSIDE  THE
  7        STATE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 54-3604, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        54-3604.  COMMISSION MEMBERS -- APPOINTMENT. Grower and  producer  members
 12    of the commission shall be selected as follows:
 13        (1)  The  governor shall appoint three (3) grower members and two (2) pro-
 14    ducer members.
 15        (2)  The three (3) grower members shall be appointed to one (1),  two  (2)
 16    and  three (3) year terms, respectively. The two (2) producer members shall be
 17    appointed to two (2) and three (3) year terms, respectively. Members shall  be
 18    selected from nominations made by growers and producers as follows:
 19        (a)  Prior  to July 1, the growers of the state shall convene for the pur-
 20        pose of nominating grower commission members. The  growers  of  the  state
 21        shall  nominate  at  least  three (3) and no more than six (6) growers and
 22        submit the names to the governor.
 23        (b)  Prior to July 1, the producers shall convene for the purpose of nomi-
 24        nating producer commission members. The producers shall nominate at  least
 25        two  (2)  and  no more than four (4) producers and submit the names to the
 26        governor.
 27        Initial commission members shall commence their  terms,  August  1,  1991.
 28    Terms of commission members thereafter shall be for three (3) years.
 29        (3)  Members of the commission may not serve more than two (2) consecutive
 30    terms;  provided, upon serving two (2) consecutive terms, and the lapse of one
 31    (1) full term, such member may again be appointed to the commission.
 32        (4)  Commission members currently serving shall continue  to  serve  until
 33    reappointed or a new commission member is appointed.
 34        (5)  In  the  event  there  are  vacancies in the commission, the governor
 35    shall make the appointment or appointments to fill the vacancy.
                                                                        
 36        SECTION 2.  That Section 54-3610, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        54-3610.  IMPOSITION  OF  TAX  AND  PROVISION  FOR LATE FEES. (1) From and
 39    after the first day of July, 1995, there is hereby levied and  imposed  a  tax
 40    payable  to the commission on all grapes grown in Idaho, for the production of
 41    wine, and on grapes purchased outside the state  for  production  of  wine  in
                                                                        
                                           2
                                                                        
  1    Idaho.  The  commission  shall set the tax by rule and the tax on each acre of
  2    grapes grown in Idaho shall not exceed twenty-five dollars ($25.00)  per  acre
  3    annually.   The  tax  on  each  winery  shall not exceed three hundred dollars
  4    ($300) annually.  Grapes and grape  juice  purchased  from  producers  outside
  5    Idaho  shall be taxed in an amount not to exceed  twenty-five dollars ($25.00)
  6    per ton or per one hundred sixty-seven (167) gallons or any  portion  thereof.
  7    The  purchasers of such grapes grown or grape juice produced outside the state
  8    shall be responsible for submitting the tax to the commission.
  9        (2)  Any person or firm who makes payment to  the  commission  at  a  date
 10    later than that prescribed in this section or by rule may be subject to a late
 11    payment penalty as set forth by the commission by rule. Such penalty shall not
 12    exceed the rate of fifteen percent (15%) per annum on the amount due. In addi-
 13    tion  to  the  above  penalty, the commission shall be entitled to recover all
 14    costs, fees, and reasonable attorney's fees incurred in the collection of  the
 15    tax and penalty provided for in this section.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    McGee               
                                                                        
                                                     Seconded by Stegner             
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 150
                                                                        
  1                                AMENDMENT TO THE BILL
  2        On page 1 of the printed bill, delete lines 9 through 35; and in line  36,
  3    delete "SECTION 2" and insert: "SECTION 1".
                                                                        
  4                                 CORRECTION TO TITLE
  5        On page 1, in line 2, delete "54-3604,"; delete lines 3 and 4; and in line
  6    5, delete "MAKE TECHNICAL CHANGES; AND AMENDING SECTION".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 150, As Amended in the Senate
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO IDAHO GRAPE GROWERS AND WINE PRODUCERS; AMENDING SECTION  54-3610,
  3        IDAHO  CODE,  TO  PROVIDE  FOR TAXATION OF GRAPE JUICE PURCHASED FROM PRO-
  4        DUCERS OUTSIDE THE STATE.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 54-3610, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        54-3610.  IMPOSITION  OF  TAX  AND  PROVISION  FOR LATE FEES. (1) From and
  9    after the first day of July, 1995, there is hereby levied and  imposed  a  tax
 10    payable  to the commission on all grapes grown in Idaho, for the production of
 11    wine, and on grapes purchased outside the state  for  production  of  wine  in
 12    Idaho.  The  commission  shall set the tax by rule and the tax on each acre of
 13    grapes grown in Idaho shall not exceed twenty-five dollars ($25.00)  per  acre
 14    annually.   The  tax  on  each  winery  shall not exceed three hundred dollars
 15    ($300) annually.  Grapes and grape  juice  purchased  from  producers  outside
 16    Idaho  shall be taxed in an amount not to exceed  twenty-five dollars ($25.00)
 17    per ton or per one hundred sixty-seven (167) gallons or any  portion  thereof.
 18    The  purchasers of such grapes grown or grape juice produced outside the state
 19    shall be responsible for submitting the tax to the commission.
 20        (2)  Any person or firm who makes payment to  the  commission  at  a  date
 21    later than that prescribed in this section or by rule may be subject to a late
 22    payment penalty as set forth by the commission by rule. Such penalty shall not
 23    exceed the rate of fifteen percent (15%) per annum on the amount due. In addi-
 24    tion  to  the  above  penalty, the commission shall be entitled to recover all
 25    costs, fees, and reasonable attorney's fees incurred in the collection of  the
 26    tax and penalty provided for in this section.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14824

As there are five (5) board members authorized by legislation,
this amendment insures that the Board will be able to conduct
Commission business if appointments are delayed.

At times, the grape growers industry imports juice rather than
grapes. This legislation will treat imported juice the same as
grapes.


                           FISCAL NOTE

No fiscal impact.



Contact
Name:  Mr. Bob Corbell, Management Associates LLC 
Phone: 208-442-4423


STATEMENT OF PURPOSE/FISCAL NOTE                   H 150