View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0405.........................................by RESOURCES AND CONSERVATION
BOARD OF SCALING PRACTICES - Amends existing law to provide for the Idaho
Board of Scaling Practices; and to revise membership of the Idaho Board of
Scaling Practices.
01/24 House intro - 1st rdg - to printing
01/25 Rpt prt - to Res/Con
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 62-0-8
AYES -- Anderson, Barrett, Bayer, Bell, Bilbao, Block, Bock, Boe,
Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30)(Stanek), Snodgrass, Thayn, Thomas, Trail,
Vander Woude, Wills, Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Andrus, Bedke, Black, Kren, Raybould,
Smith(24), Stevenson, Wood(27)
Floor Sponsor - Shively
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Res/Env
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Broadsword, Burkett, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Bilyeu, Jorgenson
Floor Sponsor - Little
Title apvd - to House
03/17 To enrol - Rpt enrol - Sp signed
03/18 Pres signed - To Governor
03/19 Governor signed
Session Law Chapter 200
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 405 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 APPOINTMENT 4 PROVISIONS; AMENDING SECTION 38-808, IDAHO CODE, TO PROVIDE REFERENCES TO 5 THE IDAHO BOARD OF SCALING PRACTICES AND TO MAKE TECHNICAL CORRECTIONS; 6 AMENDING SECTION 38-809, IDAHO CODE, TO PROVIDE REFERENCES TO THE IDAHO 7 BOARD OF SCALING PRACTICES; AMENDING SECTION 38-1202, IDAHO CODE, TO PRO- 8 VIDE REFERENCE TO THE IDAHO BOARD OF SCALING PRACTICES AND TO MAKE TECHNI- 9 CAL CORRECTIONS; AMENDING SECTION 38-1207, IDAHO CODE, TO PROVIDE REFER- 10 ENCE TO THE IDAHO BOARD OF SCALING PRACTICES; AND AMENDING SECTION 11 38-1220A, IDAHO CODE, TO PROVIDE REFERENCE TO THE IDAHO BOARD OF SCALING 12 PRACTICES AND TO MAKE TECHNICAL CORRECTIONS. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 38-1203, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 38-1203.STATEIDAHO BOARD OF SCALING PRACTICES -- MEMBERS -- TERMS. A 17 board to be known as the"state"Idaho board of scaling practices" is hereby 18 created in the department of lands. It shall consist of the director of the 19 department of lands and five (5) members appointed by the governor from among 20 nominees recommended by the organized and generally recognized forest industry 21 associations or individuals representing nonindustrial private forest landown- 22 ers provided not less than two (2) board members be appointed from theIdaho23forest industry councilintermountain forest association, and not less than 24 two (2) board members be appointed from the associated logging contractors of 25 Idaho, inc., each association to have one (1) member from north of the Salmon 26 river and one (1) member from south of the Salmon river. One (1) member shall 27 be appointed to represent the interests of nonindustrial private forest land- 28 owners throughout the state. That person shall be chosen from nominees pro- 29 vided to the governor by the Idaho forest owner's association. The person rep- 30 resenting nonindustrial private forest landowners shall own not less than one 31 hundred (100) nor more than five thousand (5,000) acres of private forest land 32 and shall not own or control a forest products manufacturing facility within 33 the state. In choosing this person, the governor shall give preference to per- 34 sons with a demonstrated history of selling timber or logs to a variety of 35 purchasers and who have scaling or forest management experience. The members 36 of the board shall have the qualifications required by section 38-1204, Idaho 37 Code. The members of the board shall be appointed for a three (3) year term. 38 Each member of the board shall take, subscribe and file the oath required by 39 sections 59-401 through 59-408, Idaho Code, before entering upon the duties of 40 his office. On the expiration of the term of any member, his successor shall 41 be appointed in like manner by the governor for a term of three (3) years and 42 unexpired terms shall be filled for the unexpired balance of the term. 2 1 SECTION 2. That Section 38-808, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 38-808. RECORDING LOG BRANDS -- PENALTY. (1) Definitions: 4 (a) "Person" includes the plural and all corporations, foreign and domes- 5 tic, copartnerships, firms and associations of persons. 6 (b) "Forest products." For the purposes of this section only, "forest 7 products" means all products derived from trees including, but not limited 8 to,sawlogssaw logs, veneer logs, poles, cedar products, pulp logs, fence 9 posts and every form into which a fallen tree may be cut before it is man- 10 ufactured into lumber or run through a processing mill or cut intocord11woodcordwood, stove wood or hewn ties. 12 (c) "Log brand" means a unique symbol or mark placed on or in forest 13 products for the purpose of identifying ownership. 14 (2) Any owner of forest products in the state of Idaho may use thereon 15 any log brand, which may be applied as a stamped symbol, log brand or affixed 16 tag, not currently registered by any other person in the state; but before any 17 such log brand shall be used, it shall be the duty of such owner intending to 18 use the same to cause a diagram, and a full and complete written description 19 of his log brand, signed by him, to be submitted on "Registration of Log 20 Brands" forms to the office of thestateIdaho board of scaling practices, who 21 shall record the same upon receipt of a payment of twenty-five dollars 22 ($25.00), provided the log brand is different from any other log brand cur- 23 rently registered in that office. It shall be the duty of the person in charge 24 of thestateIdaho board of scaling practices office to keep a record of all 25 registered log brands, which record shall at all reasonable times be open to 26 public inspection. 27 (3) All applications for log brands and/or renewals shall be submitted to 28 and approved by thestateIdaho board of scaling practices prior to use. Such 29 application shall be made on duplicate log brand registration forms and shall 30 include a diagram or an impression of the log brand stamped on the form, a 31 written description of the log brand and be signed by the person or the agent 32 of the person. ThestateIdaho board of scaling practices may refuse to 33 approve any log brand which is identical to or closely resembles a currently 34 registered log brand. If approval is denied, the applicant will select another 35 log brand. No person shall brand any prize log. 36 (4) The expiration date for all log brands registered prior to January 1, 37 1981, shall be February 28, 1994; the expiration date for all log brands reg- 38 istered from January 1, 1981, through December 31, 1985, shall be February 28, 39 1995; the expiration date for all log brands registered from January 1, 1986 40 through December 31, 1989, shall be February 28, 1996; the expiration date for 41 all log brands registered from January 1, 1990, through December 31, 1992, 42 shall be February 28, 1997. Beginning January 1, 1993, renewals or newly 43 approved registrations shall expire on February 28, five (5) years after the 44 year of registration or renewal. Notification of expiration will be sent dur- 45 ing the month of September of the year preceding the expiration date. A 46 renewal fee of twenty-five dollars ($25.00) shall be charged each time a log 47 brand is renewed by the same person. 48 (5) To assign ownership of a currently registered log brand, the current 49 registered owner of the log brand shall file with thestateIdaho board of 50 scaling practices a signed and duly notarized instrument on forms provided by 51 the board. Such forms shall specify the effective date of transfer, the 52 assignee and the log brand to be assigned. A fee of twenty-five dollars 53 ($25.00) shall be charged for each transfer. The transferred log brand will be 54 issued a new registration number and shall expire February 28, five (5) years 3 1 after the year of the transfer. 2 Any failure to renew a log brand as required by law shall be deemed an 3 abandonment of same. Abandoned or canceled log brands shall not be reissued 4 for a period of one (1) year unless thestateIdaho board of scaling practices 5 so authorizes for cause. Any other person may be at liberty to adopt or use 6 the abandoned log brand; but the other person shall not claim or use it until 7 after it has been registered in the other person's own name as provided by 8 thisstatutesection. 9 (6) Failure to comply with the provisions of this section38-808, Idaho10Code,shall be deemed a violation of the log brand law. Upon request of the 11stateIdaho board of scaling practices or its chairperson, it shall be the 12 duty of the attorney general to institute and prosecute civil enforcement 13 actions. In addition, when deemed by the board to be necessary, the board may 14 retain private counsel to institute and prosecute civil enforcement actions. 15 Any person who has been determined to have violated the provision(s)of this 16actchapter shall be liable for any expense, including reasonable attorney's 17 fees, incurred by the state in enforcing theactprovisions of this chapter. 18 Any violation of this section38-808, Idaho Code,shall be deemed a misde- 19 meanor and any person, upon conviction, shall be sentenced to pay a fine of 20 not less than one hundred dollars ($100) nor more than five hundred dollars 21 ($500). 22 SECTION 3. That Section 38-809, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 38-809. PRIZE LOGS -- SALE AT PUBLIC AUCTION. All logs or timbers suit- 25 able for manufacture into lumber, ties, poles, or other timber products, not 26 bearing a legally recorded mark or marks, which shall be placed aboard a 27 transport vehicle for land transportation or placed afloat on a waterway, or 28 permitted to be afloat upon any of the public waters of this state, not con- 29 fined in booms or rafts, and all such logs or timbers bearing a legally 30 recorded mark or marks not claimed within one (1) year after being placed in 31 transit or afloat shall be prize logs, and no evidence of any private owner- 32 ship thereof shall be admissible in any proceeding. Prize logs shall be sold 33 by or under the direction of thestateIdaho board of scaling practices, and 34 the proceeds of such sale, after deducting the expense of the sale and trans- 35 portation or other charges incurred in getting said logs to the sale site 36 shall go into the state scaling fund. Such sale shall be at public auction 37 after publication of notice of time and place thereof for not less than three 38 (3) consecutive weeks in a newspaper of general circulation printed and pub- 39 lished in the county in which the sale is to be held. It shall be the duty of 40 every person having custody or possession of prize logs to deliver them to the 41stateIdaho board of scaling practices upon demand. 42 SECTION 4. That Section 38-1202, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 38-1202. DEFINITIONS. As used in thisactchapter, unless the context or 45 subject matter requires otherwise: 46 (a1) Scaler and Professional Scaler. A person who is qualified by reason 47 of his knowledge of the principles of scaling acquired by professional educa- 48 tion and/or practical experience, to engage in the practice of scaling forest 49 products. 50 (b2) Scaling. The quantitative measurement of logs or other forest prod- 51 ucts by means of a log rule. The term "scaling" shall include any professional 4 1 scaling service rendered in connection with the measurement of forest prod- 2 ucts, or supervision of scaling when such service is rendered requiring the 3 application of scaling principles and data. 4 (c3) Board. ThestateIdaho board of scaling practices. 5 SECTION 5. That Section 38-1207, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 38-1207. MEETINGS -- OFFICERS -- QUORUM. The board shall hold a meeting 8 within thirty (30) days after its members are first appointed and thereafter 9 shall hold at least two (2) regular meetings each year. The rules may provide 10 for such additional regular meetings and for special meetings. Notice of all 11 meetings shall be given as may be provided in the rules. The director of the 12 department of lands shall be chairman of thestateIdaho board of scaling 13 practices and the board shall annually elect a vice-chairman and a secretary, 14 who shall be members of the board. Four (4) members shall constitute a quorum. 15 SECTION 6. That Section 38-1220A, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 38-1220A. INSPECTION -- INVESTIGATION -- VIOLATIONS -- ENFORCEMENT -- 18 PENALTY. (a) The chairman of thestateIdaho board of scaling practices shall 19 cause investigations to be made upon the request of the board or upon receipt 20 of information concerning an alleged violation of thisactchapter or of any 21 rule,regulation,order or license issued or promulgated thereunder, and may 22 cause to be made such other investigations as the chairman shall deem advis- 23 able. 24 (b) The chairman or the chairman's designee shall have the authority to: 25 (1) Conduct a program of continuing surveillance and of regular or peri- 26 odic inspection of log scaling sites. 27 (2) Enter at all reasonable times upon any private or public property for 28 the purpose of inspecting or investigating to ascertain possible viola- 29 tions of thisactchapter or of any rule,regulation,order or license 30 issued or promulgated thereunder. 31 (c) Whenever the chairman determines that any person or legal entity is 32 in violation of any provisions of thisactchapter or any rule,regulation,33 order or license issued or promulgated pursuant to thisactchapter, the 34 chairman may initiate a civil enforcement action through the attorney general 35 and/or a criminal action through the prosecuting attorney as provided in sec- 36 tion 38-1221, Idaho Code. Civil enforcement actions shall be commenced and 37 prosecuted in the district court in and for the county in which the alleged 38 violation occurred, and may be brought against any person or legal entity who 39 is alleged to have violated any provisions of thisactchapter or any rule, 40regulation,order or license which has become effective pursuant to thisact41 chapter. Such action may be brought to compel compliance with any provisions 42 of thisactchapter or any rule,regulation,order or license issued or pro- 43 mulgated hereunder and for any relief or remedies authorized in thisactchap- 44 ter. Except as provided in section 38-1218, Idaho Code, the chairman shall not 45 be required to initiate or prosecute an administrative action before initiat- 46 ing a civil enforcement action. 47 (d) Any person or legal entity determined in a civil enforcement action 48 to have violated any provision of thisactchapter or any rule,regulation,49 order or license issued or promulgated pursuant to thisactchapter shall be 50 liable for a civil penalty not to exceed five thousand dollars ($5,000) per 51 violation or five hundred dollars ($500) for each day of a continuing viola- 5 1 tion, whichever is greater. The method of recovery of said penalty shall be by 2 a civil enforcement action in the district court in and for the county where 3 the violation occurred. All civil penalties collected under thisactchapter 4 shall be paid into the state scaling account. 5 (e) In addition to such civil penalties, any person or legal entity who 6 has been determined to have violated the provisions of thisactchapter or any 7 rule,regulation,order or license issued or promulgated pursuant to thisact8 chapter, shall be liable for any expense, including reasonable attorney's 9 fees, incurred by the state in enforcingthe actthis chapter. 10 (f) No action taken pursuant to the provisions of thisactchapter shall 11 relieve any person or legal entity from any civil action and damages that may 12 exist for damage resulting from any violation of thisactchapter or any rule, 13regulation,order or license issued or promulgated thereunder.
STATEMENT OF PURPOSE
RS 17339
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.
FISCAL NOTE
No fiscal impact.
CONTACT
Name: George Bacon
Agency: Lands, Dept of
Phone: 208-334-0200
STATEMENT OF PURPOSE/FISCAL NOTE H 405