2007 Legislation
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HOUSE BILL NO. 24 – Idaho Log Scaling Bd, membership

HOUSE BILL NO. 24

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Bill Status



H0024.........................................by RESOURCES AND CONSERVATION
LOG SCALING - Amends existing law relating to log scaling to provide for
the Idaho Board of Log Scaling Practices; and to revise membership
provisions.
                                                                        
01/18    House intro - 1st rdg - to printing
01/19    Rpt prt - to Res/Con
01/30    Rpt out - rec d/p - to 2nd rdg
01/31    2nd rdg - to 3rd rdg
02/01    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shirley,
      Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Vander
      Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Block, Roberts, Shepherd(8), Thayn
    Floor Sponsor - Sayler
    Title apvd - to Senate
02/02    Senate intro - 1st rdg - to Res/Env

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 24
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LOG SCALING; AMENDING SECTION 38-1203, IDAHO CODE, TO PROVIDE  FOR
  3        THE  IDAHO  BOARD OF SCALING PRACTICES AND TO REVISE MEMBERSHIP PROVISIONS
  4        RELATING TO THE BOARD; AMENDING SECTION 38-808,  IDAHO  CODE,  TO  PROVIDE
  5        CORRECT  TERMINOLOGY  AND  TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
  6        38-809, IDAHO CODE,  TO  PROVIDE  CORRECT  TERMINOLOGY;  AMENDING  SECTION
  7        38-1202,  IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL
  8        CORRECTIONS; AMENDING SECTION 38-1207, IDAHO CODE, TO PROVIDE CORRECT TER-
  9        MINOLOGY; AND AMENDING SECTION 38-1220A, IDAHO CODE,  TO  PROVIDE  CORRECT
 10        TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Section 38-1203, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        38-1203.  STATE IDAHO BOARD OF SCALING PRACTICES -- MEMBERS  --  TERMS.  A
 15    board  to  be  known  as the "stateIdaho board of scaling practices" is hereby
 16    created in the department of lands. It shall consist of the  director  of  the
 17    department  of lands and five (5) members appointed by the governor from among
 18    nominees recommended by the organized and generally recognized forest industry
 19    associations or individuals representing nonindustrial private forest landown-
 20    ers provided not less than two (2) board members be appointed from  the  Idaho
 21    forest  industry  council  intermountain forest association, and not less than
 22    two (2) board members be appointed from the associated logging contractors  of
 23    Idaho,  inc.,  each  association  to have one (1) member from to represent the
 24    interests north of the Salmon river and one (1) member from to  represent  the
 25    interests south of the Salmon river. One (1) member shall be appointed to rep-
 26    resent the interests of nonindustrial private forest landowners throughout the
 27    state.  That  person shall be chosen from nominees provided to the governor by
 28    the Idaho forest owner's association. The  person  representing  nonindustrial
 29    private  forest  landowners shall own not less than one hundred (100) nor more
 30    than five thousand (5,000) acres of private forest land and shall not  own  or
 31    control a forest products manufacturing facility within the state. In choosing
 32    this person, the governor shall give preference to persons with a demonstrated
 33    history  of  selling  timber  or  logs to a variety of purchasers and who have
 34    scaling or forest management experience. The members of the board  shall  have
 35    the qualifications required by section 38-1204, Idaho Code. The members of the
 36    board  shall  be appointed for a three (3) year term. Each member of the board
 37    shall take, subscribe and file the oath required by  sections  59-401  through
 38    59-408,  Idaho  Code,  before  entering  upon the duties of his office. On the
 39    expiration of the term of any member, his successor shall be appointed in like
 40    manner by the governor for a term of three (3) years and unexpired terms shall
 41    be filled for the unexpired balance of the term.
                                                                        
 42        SECTION 2.  That Section 38-808, Idaho Code, be, and the  same  is  hereby
                                                                        
                                       2
                                                                        
  1    amended to read as follows:
                                                                        
  2        38-808.  RECORDING LOG BRANDS -- PENALTY. (1) Definitions:
  3        (a)  "Person" includes the plural and all corporations, foreign and domes-
  4        tic, copartnerships, firms and associations of persons.
  5        (b)  "Forest  products."  For  the  purposes of this section only, "forest
  6        products" means all products derived from trees including, but not limited
  7        to, sawlogs, veneer logs, poles, cedar products, pulp  logs,  fence  posts
  8        and  every  form into which a fallen tree may be cut before it is manufac-
  9        tured into lumber or run through a processing mill or cut into cord  wood,
 10        stove wood or hewn ties.
 11        (c)  "Log  brand"  means  a  unique  symbol or mark placed on or in forest
 12        products for the purpose of identifying ownership.
 13        (2)  Any owner of forest products in the state of Idaho  may  use  thereon
 14    any  log brand, which may be applied as a stamped symbol, log brand or affixed
 15    tag, not currently registered by any other person in the state; but before any
 16    such log brand shall be used, it shall be the duty of such owner intending  to
 17    use  the  same to cause a diagram, and a full and complete written description
 18    of his log brand, signed by him, to  be  submitted  on  "Registration  of  Log
 19    Brands" forms to the office of the state Idaho board of scaling practices, who
 20    shall  record  the  same  upon  receipt  of  a  payment of twenty-five dollars
 21    ($25.00), provided the log brand is different from any other  log  brand  cur-
 22    rently registered in that office. It shall be the duty of the person in charge
 23    of  the  state Idaho board of scaling practices office to keep a record of all
 24    registered log brands, which record shall at all reasonable times be  open  to
 25    public inspection.
 26        (3)  All applications for log brands and/or renewals shall be submitted to
 27    and  approved by the state Idaho board of scaling practices prior to use. Such
 28    application shall be made on duplicate log brand registration forms and  shall
 29    include  a  diagram  or  an impression of the log brand stamped on the form, a
 30    written description of the log brand and be signed by the person or the  agent
 31    of  the  person.  The  state  Idaho  board  of scaling practices may refuse to
 32    approve any log brand which is identical to or closely resembles  a  currently
 33    registered log brand. If approval is denied, the applicant will select another
 34    log brand. No person shall brand any prize log.
 35        (4)  The expiration date for all log brands registered prior to January 1,
 36    1981,  shall be February 28, 1994; the expiration date for all log brands reg-
 37    istered from January 1, 1981, through December 31, 1985, shall be February 28,
 38    1995; the expiration date for all log brands registered from January  1,  1986
 39    through December 31, 1989, shall be February 28, 1996; the expiration date for
 40    all  log  brands  registered  from January 1, 1990, through December 31, 1992,
 41    shall be February 28, 1997. Beginning  January  1,  1993,  renewals  or  newly
 42    approved  registrations  shall expire on February 28, five (5) years after the
 43    year of registration or renewal. Notification of expiration will be sent  dur-
 44    ing  the  month  of  September  of  the  year preceding the expiration date. A
 45    renewal fee of twenty-five dollars ($25.00) shall be charged each time  a  log
 46    brand is renewed by the same person.
 47        (5)  To  assign ownership of a currently registered log brand, the current
 48    registered owner of the log brand shall file with the  state  Idaho  board  of
 49    scaling  practices a signed and duly notarized instrument on forms provided by
 50    the board. Such forms shall  specify  the  effective  date  of  transfer,  the
 51    assignee  and  the  log  brand  to  be  assigned. A fee of twenty-five dollars
 52    ($25.00) shall be charged for each transfer. The transferred log brand will be
 53    issued a new registration number and shall expire February 28, five (5)  years
 54    after the year of the transfer.
                                                                        
                                       3
                                                                        
  1        Any  failure  to  renew  a log brand as required by law shall be deemed an
  2    abandonment of same. Abandoned or canceled log brands shall  not  be  reissued
  3    for a period of one (1) year unless the state Idaho board of scaling practices
  4    so  authorizes  for  cause. Any other person may be at liberty to adopt or use
  5    the abandoned log brand; but the other person shall not claim or use it  until
  6    after  it  has  been  registered in the other person's own name as provided by
  7    this statute section.
  8        (6)  Failure to comply with the provisions of this section  38-808,  Idaho
  9    Code,  shall  be  deemed a violation of the log brand law. Upon request of the
 10    state Idaho board of scaling practices or its chairperson,  it  shall  be  the
 11    duty  of  the  attorney  general  to institute and prosecute civil enforcement
 12    actions. In addition, when deemed by the board to be necessary, the board  may
 13    retain  private  counsel to institute and prosecute civil enforcement actions.
 14    Any person who has been determined to have violated the provision(s)  of  this
 15    act  shall  be  liable  for any expense, including reasonable attorney's fees,
 16    incurred by the state in enforcing the act.  Any  violation  of  this  section
 17    38-808, Idaho Code, shall be deemed a misdemeanor and any person, upon convic-
 18    tion,  shall  be  sentenced to pay a fine of not less than one hundred dollars
 19    ($100) nor more than five hundred dollars ($500).
                                                                        
 20        SECTION 3.  That Section 38-809, Idaho Code, be, and the  same  is  hereby
 21    amended to read as follows:
                                                                        
 22        38-809.  PRIZE  LOGS  -- SALE AT PUBLIC AUCTION. All logs or timbers suit-
 23    able for manufacture into lumber, ties, poles, or other timber  products,  not
 24    bearing  a  legally  recorded  mark  or  marks, which shall be placed aboard a
 25    transport vehicle for land transportation or placed afloat on a  waterway,  or
 26    permitted  to  be afloat upon any of the public waters of this state, not con-
 27    fined in booms or rafts, and all  such  logs  or  timbers  bearing  a  legally
 28    recorded  mark  or marks not claimed within one (1) year after being placed in
 29    transit or afloat shall be prize logs, and no evidence of any  private  owner-
 30    ship  thereof  shall be admissible in any proceeding. Prize logs shall be sold
 31    by or under the direction of the state Idaho board of scaling  practices,  and
 32    the  proceeds of such sale, after deducting the expense of the sale and trans-
 33    portation or other charges incurred in getting said  logs  to  the  sale  site
 34    shall  go  into  the  state scaling fund. Such sale shall be at public auction
 35    after publication of notice of time and place thereof for not less than  three
 36    (3)  consecutive  weeks in a newspaper of general circulation printed and pub-
 37    lished in the county in which the sale is to be held. It shall be the duty  of
 38    every person having custody or possession of prize logs to deliver them to the
 39    state Idaho board of scaling practices upon demand.
                                                                        
 40        SECTION  4.  That  Section 38-1202, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        38-1202.  DEFINITIONS. As used in this act chapter, unless the context  or
 43    subject matter requires otherwise:
 44        (a1)  Scaler  and Professional Scaler. A person who is qualified by reason
 45    of his knowledge of the principles of scaling acquired by professional  educa-
 46    tion  and/or practical experience, to engage in the practice of scaling forest
 47    products.
 48        (b2)  Scaling. The quantitative measurement of logs or other forest  prod-
 49    ucts by means of a log rule. The term "scaling" shall include any professional
 50    scaling  service  rendered  in connection with the measurement of forest prod-
 51    ucts, or supervision of scaling when such service is  rendered  requiring  the
                                                                        
                                       4
                                                                        
  1    application of scaling principles and data.
  2        (c3)  Board. The state Idaho board of scaling practices.
                                                                        
  3        SECTION  5.  That  Section 38-1207, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        38-1207.  MEETINGS -- OFFICERS -- QUORUM. The board shall hold  a  meeting
  6    within  thirty  (30) days after its members are first appointed and thereafter
  7    shall hold at least two (2) regular meetings each year. The rules may  provide
  8    for  such additional regular meetings  and for special meetings. Notice of all
  9    meetings shall be given as may be provided in the rules. The director  of  the
 10    department  of  lands  shall  be  chairman of the state Idaho board of scaling
 11    practices and the board shall annually elect a vice-chairman and a  secretary,
 12    who shall be members of the board. Four (4) members shall constitute a quorum.
                                                                        
 13        SECTION  6.  That Section 38-1220A, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        38-1220A.  INSPECTION -- INVESTIGATION -- VIOLATIONS   --  ENFORCEMENT  --
 16    PENALTY. (a1) The chairman of the state Idaho board of scaling practices shall
 17    cause  investigations to be made upon the request of the board or upon receipt
 18    of information concerning an alleged violation of this act chapter or  of  any
 19    rule,  regulation,  order or license issued or promulgated thereunder, and may
 20    cause to be made such other investigations as the chairman shall  deem  advis-
 21    able.
 22        (b2)  The chairman or the chairman's designee shall have the authority to:
 23        (1a)  Conduct a program of continuing surveillance and of regular or peri-
 24        odic inspection of log scaling sites.
 25        (2b)  Enter  at  all  reasonable times upon any private or public property
 26        for the purpose of  inspecting  or  investigating  to  ascertain  possible
 27        violations  of  this  act  chapter  or  of  any rule, regulation, order or
 28        license issued or promulgated thereunder.
 29        (c3)  Whenever the chairman determines that any person or legal entity  is
 30    in  violation  of  any provisions of this act chapter or any rule, regulation,
 31    order or license issued or promulgated  pursuant  to  this  act  chapter,  the
 32    chairman  may initiate a civil enforcement action through the attorney general
 33    and/or a criminal action through the prosecuting attorney as provided in  sec-
 34    tion  38-1221,  Idaho  Code.  Civil enforcement actions shall be commenced and
 35    prosecuted in the district court in and for the county in  which  the  alleged
 36    violation  occurred, and may be brought against any person or legal entity who
 37    is alleged to have violated any provisions of this act chapter  or  any  rule,
 38    regulation,  order  or license which has become effective pursuant to this act
 39    chapter. Such action may be brought to compel compliance with  any  provisions
 40    of  this  act chapter or any rule, regulation, order or license issued or pro-
 41    mulgated hereunder and for any relief or remedies authorized in this act chap-
 42    ter. Except as provided in section 38-1218, Idaho Code, the chairman shall not
 43    be required to initiate or prosecute an administrative action before  initiat-
 44    ing a civil enforcement action.
 45        (d4)  Any  person or legal entity determined in a civil enforcement action
 46    to have violated any provision of this act chapter or  any  rule,  regulation,
 47    order  or  license issued or promulgated pursuant to this act chapter shall be
 48    liable for a civil penalty not to exceed five thousand  dollars  ($5,000)  per
 49    violation  or  five hundred dollars ($500) for each day of a continuing viola-
 50    tion, whichever is greater. The method of recovery of said penalty shall be by
 51    a civil enforcement action in the district court in and for the  county  where
                                                                        
                                       5
                                                                        
  1    the  violation  occurred. All civil penalties collected under this act chapter
  2    shall be paid into the state scaling account.
  3        (e5)  In addition to such civil penalties, any person or legal entity  who
  4    has been determined to have violated the provisions of this act chapter or any
  5    rule,  regulation, order or license issued or promulgated pursuant to this act
  6    chapter, shall be liable for  any  expense,  including  reasonable  attorney's
  7    fees, incurred by the state in enforcing the act chapter.
  8        (f6)  No action taken pursuant to the provisions of this act chapter shall
  9    relieve  any person or legal entity from any civil action and damages that may
 10    exist for damage resulting from any violation of this act chapter or any rule,
 11    regulation, order or license issued or promulgated thereunder.

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE

                         RS 16460

The board of scaling practices has influence and conducts a 
significant amount of business outside the borders of the state.  
Amending the name from “state” to “Idaho” board of scaling 
practices makes the name more identifiable to areas outside the 
state of Idaho.  Amending the name of the industry association 
updates to the current name which has gone through several 
revisions since the statute was enacted.  Amending the 
association member requirement allows each association some 
flexibility in submitting nominees for appointment when they may 
not have a member residing in that area of the state.


                        FISCAL NOTE

There is no budgetary fiscal impact.





CONTACT
Name:	Ernie Bauer
Agency:	Lands, Dept of
Phone:	208-769-1445

STATEMENT OF PURPOSE/FISCAL NOTE                     	H 24