2007 Legislation
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SENATE BILL NO. 1096 – Food establishment, license fee

SENATE BILL NO. 1096

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Bill Status



S1096.................................................by HEALTH AND WELFARE
FOOD ESTABLISHMENTS - Amends and repeals existing law to provide for the
collection and use of the food establishment license fee; to delete the
Food Safety Fund; to provide for distribution of moneys remaining in the
Food Safety Fund; and to delete a sunset date.
                                                                        
02/07    Senate intro - 1st rdg - to printing
02/08    Rpt prt - to Health/Wel
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 30-1-4
      AYES -- Bair, Bastian, Broadsword, Burkett, Cameron, Coiner, Corder,
      Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Lodge, Malepeai,
      McGee, McKague, McKenzie, Richardson, Schroeder, Stegner, Stennett,
      Werk
      NAYS -- Siddoway
      Absent and excused -- Andreason, Bilyeu, Little, Pearce
    Floor Sponsor - Broadsword
    Title apvd - to House
02/23    House intro - 1st rdg - to Health/Wel
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      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, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
      Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Clark, Nonini
    Floor Sponsor - Chew
    Title apvd - to Senate
03/13    To enrol
03/14    Rpt enrol - Pres signed - Sp signed
03/15    To Governor
03/20    Governor signed
         Session Law Chapter 96
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                  First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1096
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC HEALTH; AMENDING SECTION 39-1607, IDAHO  CODE,  TO  PROVIDE
  3        FOR  THE  COLLECTION  AND  USE  OF  THE FOOD ESTABLISHMENT LICENSE FEE, TO
  4        DELETE REFERENCE TO THE FOOD SAFETY FUND AND TO PROVIDE FOR THE  DISTRIBU-
  5        TION  OF  MONEYS  REMAINING  IN  THE  FOOD  SAFETY FUND; REPEALING SECTION
  6        39-1608, IDAHO CODE, RELATING TO THE FOOD SAFETY FUND; REPEALING  SECTIONS
  7        9 AND 10, CHAPTER 194, LAWS OF 1997, RELATING TO THE STATEMENT OF PURPOSE;
  8        REPEALING  SECTION 11, CHAPTER 194, LAWS OF 1997, AS AMENDED BY SECTION 1,
  9        CHAPTER 176, LAWS OF 2000, AND AS AMENDED BY SECTION 1, CHAPTER 140,  LAWS
 10        OF 2002, RELATING TO A SUNSET DATE; AND REPEALING SECTION 12, CHAPTER 194,
 11        LAWS  OF  1997, AS AMENDED BY SECTION 2, CHAPTER 176, LAWS OF 2000, AND AS
 12        AMENDED BY SECTION 2, CHAPTER 140, LAWS OF 2002, RELATING TO AN  EFFECTIVE
 13        DATE.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION  1.  That  Section 39-1607, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        39-1607.  LICENSE FEE. A fee may be charged by the  department  of  health
 18    and  welfare  for  licensing  a  food  establishment. The fee shall not exceed
 19    sixty-five dollars ($65.00) per establishment per year and shall be  collected
 20    by  the  designated  regulatory authority. Fees collected for licensing a food
 21    establishment shall be deposited in the food safety fund and shall be used  by
 22    the  designated  regulatory authority for funding a portion of the food safety
 23    inspection program. Any funds remaining in the  food  safety  fund  after  the
 24    effective  date of this act shall be paid to the designated regulatory author-
 25    ity that collected the fee.
                                                                        
 26        SECTION 2.  That Section 39-1608, Idaho Code, be, and the same  is  hereby
 27    repealed.
                                                                        
 28        SECTION 3.  That Sections 9 and 10, Chapter 194, Laws of 1997, be, and the
 29    same are hereby repealed.
                                                                        
 30        SECTION 4.  That Section 11, Chapter 194, Laws of 1997, as amended by Sec-
 31    tion  1,  Chapter 176, Laws of 2000, and as amended by Section 1, Chapter 140,
 32    Laws of 2002, be, and the same is hereby repealed.
                                                                        
 33        SECTION 5.  That Section 12, Chapter 194, Laws of 1997, as amended by Sec-
 34    tion 2, Chapter 176, Laws of 2000, and as amended by Section 2,  Chapter  140,
 35    Laws of 2002, be, and the same is hereby repealed.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16581

The Food Establishment Act ensures public safety through
licensing and inspection of food establishments throughout the
state.  The cost of this program is currently shared by the
state, the counties and industry.  The codes that allow the
health districts to charge a fee will sunset on July 1, 2007. 
This RS seeks with cooperation of industry, agencies and health
districts to make the license fees permanent and to eliminate the
Food Safety Fund.  This will allow the Districts to continue to
collect an annual license fee of $65.00 and allow the Districts
to deposit those fees directly into their accounts.  Elimination
of the Food Safety Fund will streamline the process for
collecting and utilizing fees.


                          FISCAL IMPACT

There is no impact to the state general fund.  Elimination of the
Food Safety Fund will save the public health districts a minimum
of $6000.00 per year in staff time spent dealing with the
transfers and contracts.



Contact
Name: Senator Joyce Broadsword
208-332-1338
Public Health Districts of Idaho 
Richard Horne


STATEMENT OF PURPOSE/FISCAL NOTE                           S 1096