2008 Legislation
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HOUSE BILL NO. 394<br /> – Soil/plant amendments, tonnage fee


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Bill Status

H0394...............................................by AGRICULTURAL AFFAIRS
SOIL AND PLANT AMENDMENTS - Amends existing law to increase the minimum
tonnage fee for soil and plant amendments.

01/23    House intro - 1st rdg - to printing
01/24    Rpt prt - to Agric Aff
02/05    Rpt out - rec d/p - to 2nd rdg
02/06    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 45-23-2
      AYES -- Anderson, Andrus, Bell, Bilbao, Black, Block, Bock, Boe,
      Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Durst,
      Eskridge, Hagedorn, Henbest, Henderson, Killen, King, Lake, LeFavour,
      Luker, Marriott, Nonini, Pasley-Stuart, Patrick, Pence, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Shepherd(02), Shirley, Shively,
      Smith(30), Snodgrass, Stevenson, Thomas, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, Bayer, Bedke, Bowers, Collins, Crane, Hart, Harwood,
      Kren, Labrador, Loertscher, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Raybould, Schaefer, Shepherd(08), Thayn, Vander Woude,
      Wood(27), Wood(35)
      Absent and excused -- Jaquet, Smith(24)
    Floor Sponsor - Durst
    Title apvd - to Senate
02/14    Senate intro - 1st rdg - to Agric Aff
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/05    3rd rdg - PASSED - 29-2-4
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Goedde, Hammond, Heinrich, Hill,
      Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKenzie, Pearce, Richardson, Schroeder,
      Siddoway, Stennett, Werk
      NAYS -- Fulcher, McKague
      Absent and excused -- Davis, Gannon, Geddes, Stegner
    Floor Sponsor - McGee
    Title apvd - to House
03/06    To enrol
03/07    Rpt enrol - Sp signed
03/10    Pres signed
03/11    To Governor
03/17    Governor signed
         Session Law Chapter 132
         Effective: 07/01/08

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 394

                             BY AGRICULTURAL AFFAIRS COMMITTEE

  1                                        AN ACT

  4    Be It Enacted by the Legislature of the State of Idaho:

  5        SECTION  1.  That  Section 22-2208, Idaho Code, be, and the same is hereby
  6    amended to read as follows:

  7        22-2208.  TONNAGE FEE. (1) The registrant  of  soil  amendments  or  plant
  8    amendments  distributed for sale or other remuneration in this state shall pay
  9    to the department a tonnage fee of fifteen cents  (15¢)  per  ton,  on  a  dry
 10    weight basis. For liquid formulations or ingredients, the tonnage fee shall be
 11    based on weight per gallon basis.
 12        (2)  Semiannual  tonnage  fee reporting periods shall be January 1 to June
 13    30 and July 1 to December 31 of each year.
 14        (3)  Every registrant who distributes soil amendments or plant  amendments
 15    in  the  state  shall  file with the department a semiannual statement for the
 16    reporting period setting forth the number of net tons of each  soil  amendment
 17    or  plant amendment distributed in this state during the reporting period. The
 18    statement is due on or before thirty (30) days following the close of the fil-
 19    ing period and upon filing the statement the registrant shall pay the  tonnage
 20    fee  at  the  rate stated in this section.  If the tonnage report is not filed
 21    and the tonnage fees are not paid within thirty (30) days after the end of the
 22    specified filing period, a collection fee of ten percent (10%) of  the  amount
 23    due,  or twenty-five dollars ($25.00), whichever is greater, shall be assessed
 24    against the registrant and added to the amount due.
 25        (4)  The registrant is ultimately responsible  for  paying  tonnage  fees.
 26    When more than one (1) person is involved in the distribution of a soil amend-
 27    ment  or  plant amendment, the last person who has the soil amendment or plant
 28    amendment registered or who has distributed a soil amendment or  plant  amend-
 29    ment  to  a nonregistrant, dealer or consumer is responsible for reporting the
 30    tonnage and paying the tonnage fee, unless the report and payment are made  by
 31    a prior distributor of the soil amendment or plant amendment.
 32        (5)  A  minimum  tonnage  fee  shall  be five fifteen dollars ($15.00) per
 33    reporting period.
 34        (6)  Records of the number of net tons of each  soil  amendment  or  plant
 35    amendment  distributed  in this state shall be maintained for a period of five
 36    (5) years.  The director may examine the records to verify the  reported  ton-
 37    nage of plant amendments and soil amendments distributed in this state.
 38        (7)  Collected  tonnage fees shall be used to pay the costs of inspection,
 39    sampling and analysis, and other expenses necessary for the administration  of
 40    this chapter.

Statement of Purpose / Fiscal Impact

                    STATEMENT OF PURPOSE

                          RS 17306

The Idaho Soil and Plant Amendment Law requires that all 
companies distributing soil and plant amendments within or into 
Idaho to file biannual reports of all tonnage distributed and 
pay a .15 cent per ton inspection fee or a minimum a $5 filing 
fee which ever is greater. The current minimum fee does not 
cover the cost of processing those reports. We proposed to amend 
Section 22-2208, Idaho Code to raise the minimum filing fee from 
$5 to $15 to cover the cost of reviewing and processing the 

                         FISCAL NOTE

The additional $10.00 is expected to raise an additional $5,000 
in revenue to the commercial feed and fertilizer fund.

Name:	Michael Cooper
Agency:	Agriculture, Dept. of
Phone:	332-8620