2008 Legislation
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HOUSE BILL NO. 405<br /> – Scaling Practices Bd, membership

HOUSE BILL NO. 405

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Bill Status



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

Bill Text




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

                                                                       

                              IN 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.  STATE IDAHO 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  the  Idaho
 23    forest  industry  council  intermountain 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, sawlogs saw 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  into  cord
 11        wood cordwood, 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 the state Idaho 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  the  state Idaho 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 the state Idaho 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.  The  state  Idaho  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 the  state  Idaho  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 the state Idaho 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    this statute section.
  9        (6)  Failure to comply with the provisions of this  section 38-808,  Idaho
 10    Code,  shall  be  deemed a violation of the log brand law. Upon request of the
 11    state Idaho 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
 16    act  chapter  shall be liable for any expense, including reasonable attorney's
 17    fees, incurred by the state in enforcing the act provisions of  this  chapter.
 18    Any  violation  of  this  section 38-808, 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 the state Idaho 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
 41    state Idaho 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 this act chapter, 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. The state Idaho 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 the state Idaho 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 the state Idaho 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 this act chapter 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 this act chapter 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 this act chapter or  any  rule,  regulation,
 33    order  or  license  issued  or  promulgated  pursuant to this act chapter, 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 this act chapter or any rule,
 40    regulation, order or license which has become effective pursuant to  this  act
 41    chapter.  Such  action may be brought to compel compliance with any provisions
 42    of this act chapter or any rule, regulation, order or license issued  or  pro-
 43    mulgated hereunder and for any relief or remedies authorized in this act chap-
 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 this act chapter or any rule, regulation,
 49    order or license issued or promulgated pursuant to this act chapter  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 this act  chapter
  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 this act chapter or any
  7    rule, regulation, order or license issued or promulgated pursuant to this  act
  8    chapter,  shall  be  liable  for  any expense, including reasonable attorney's
  9    fees, incurred by the state in enforcing the act this chapter.
 10        (f)  No action taken pursuant to the provisions of this act chapter  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 this act chapter or any rule,
 13    regulation, order or license issued or promulgated thereunder.

Statement of Purpose / Fiscal Impact


                    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