TITLE 38

FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS

CHAPTER 12

LOG SCALING

38-1209.  Levy of assessment — Budget — Hearing — Funds — Bond of secretary — Salary. (a) The board is hereby authorized and directed to levy an assessment on the scale of all forest products harvested within the state of Idaho in an amount not to exceed twenty cents (20¢) per thousand (1,000) board feet or twelve cents (12¢) per cunit, and no such assessment shall be levied more than once on any forest product except as herein expressly provided. The board shall set times and places for its meetings and shall hold not less than two (2) meetings in each calendar year. The board shall designate a meeting date on which a budget shall be adopted and assessment shall be levied. Notice of such meeting shall be given thirty (30) days prior thereto in a newspaper of general circulation throughout the state. The board shall designate and levy an assessment as herein provided to raise moneys necessary to fund operations of the board and the state scaling program established by this chapter based upon the budget adopted and notice of such levy shall be given in the notice of the budget. The budget and assessment shall become effective upon adoption by the board. In the event a written request is made therefor by any interested person within thirty (30) days after notice of the budget and assessment has been published, the board shall set a time and place for a hearing at which any person may submit recommendations for changes in the budget and the assessment. Thereafter the board shall either confirm or modify the budget and assessment and cause notice of such action to be published in a newspaper of general circulation throughout the state within ten (10) days after such action. If the budget or the assessment is modified, the modification shall become effective upon publication. Such hearing shall be held not later than thirty (30) days after receipt of a written request therefor.

(b)  The assessment herein provided shall be levied against, and paid by both, the timber owner and the timber purchaser, provided that no assessment shall be levied against the timber owner on forest products harvested from lands owned by the United States of America or the state of Idaho. Said assessment shall be levied twice in an equal amount, once against the timber owner and once against the timber purchaser. The term "purchaser" as used herein shall also include the owner of the timber where the owner processes or utilizes the forest products in its operations or where the owner sells forest products outside the state of Idaho and the forest products are scaled within the state of Idaho, provided that the assessment provided in this chapter shall not be levied against the United States of America, nor the state of Idaho, nor any unit nor agency thereof. The timber purchaser shall withhold any assessment money owed by the timber owner and said money so withheld shall be paid to the board. All assessment money shall be transmitted by the timber purchaser to the board on or before the twentieth day of each month for all timber harvested during the previous month.

(c)  The secretary of the board shall receive and account for all moneys derived under the provisions of this act, and shall pay the same monthly to the state treasurer, who shall keep such moneys in a separate account to be known as the "state scaling account," which is hereby created in the state treasury. Such account shall be kept separate and apart from all other moneys in the treasury, and shall be paid out only on approval of the board. All moneys in the "state scaling account" are hereby continually appropriated for the use of the board. The board may establish, maintain and use a rotary fund as provided by state law. The secretary of the board shall give a surety bond to the state in such sum as the board may determine. The premium on said bond shall be regarded as a proper and necessary expense of the board, and shall be paid out of the "state scaling account." The secretary of the board shall receive such salary as the board shall determine in addition to the compensation and expenses provided in section 38-1205, Idaho Code. The board may employ such clerical or other assistants as are necessary for the proper performance of its work, and may make expenditures of this account for any purpose which in the opinion of the board is reasonably necessary for the proper performance of its duties under this act. All warrants on said "state scaling account" shall be drawn by the state controller on vouchers by the board and the state board of examiners.

History:

[38-1209, added 1969, ch. 91, sec. 9, p. 305; am. 1970, ch. 185, sec. 3, p. 534; am. 1979, ch. 311, sec. 3, p. 842; am. 1980, ch. 66, sec. 1, p. 136; am. 1987, ch. 196, sec. 1, p. 409; am. 1989, ch. 242, sec. 1, p. 590; am. 1991, ch. 175, sec. 2, p. 427; am. 1993, ch. 130, sec. 1, p. 325; am. 1994, ch. 180, sec. 68, p. 471; am. 2005, ch. 29, sec. 1, p. 140; am. 2010, ch. 91, sec. 1, p. 176.]