View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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
]]]] 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
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