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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
502
BY
RESOURCES
AND
CONSERVATION
COMMITTEE
AN
ACT
1
RELATING
TO
THE
IDAHO
FOREST
PRODUCTS
COMMISSION;
AMENDING
SECTION
38
-
1502,
2
IDAHO
CODE,
TO
REVISE
DEFINITIONS
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
3
AMENDING
SECTION
38
-
1503,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
4
THE
IDAHO
FOREST
PRODUCTS
COMMISSION
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
5
AMENDING
SECTION
38
-
1506,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARD
-
6
ING
OFFICERS
OF
THE
COMMISSION;
AMENDING
SECTION
38
-
1515,
IDAHO
CODE,
7
TO
REVISE
PROVISIONS
REGARDING
THE
IMPOSITION
OF
ASSESSMENTS
AND
LATE
8
FEES
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
PROVIDING
THAT
CERTAIN
ADMINIS
-
9
TRATIVE
RULES
CONTAINED
IN
IDAPA
15.03.01
SHALL
BE
NULL,
VOID,
AND
OF
NO
10
FORCE
AND
EFFECT;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
1
1
DATE.
12
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
13
SECTION
1.
That
Section
38
-
1502,
Idaho
Code,
be,
and
the
same
is
hereby
14
amended
to
read
as
follows:
15
38
-
1502.
DEFINITIONS.
As
used
in
this
chapter:
16
(1)
"Assessment
year"
means
January
1
through
December
31
of
any
calen
-
17
dar
year
in
which
the
commission
levies
an
assessment.
18
(2)
"Base
year"
means
the
calendar
year
immediately
preceding
the
as
-
19
sessment
year.
20
(3)
"Business
entity"
means
a
person,
firm,
partnership,
corporation,
21
association,
trust
,
or
other
recognized
legal
entity.
22
(4)
"Commission"
means
the
Idaho
forest
products
commission
created
by
23
section
38
-
1503,
Idaho
Code.
24
(5)
"Financial
supporter"
means
entities
who
have
paid
assessments
25
pursuant
to
this
chapter.
26
(6)
"Forest
lands"
means
federal,
state
,
and
private
land
growing
for
-
27
est
tree
species
which
that
are,
or
could
be
at
maturity,
capable
of
furnish
-
28
ing
raw
material
used
in
the
manufacture
of
lumber
or
other
forest
products.
29
The
term
includes
federal,
state
,
and
private
land
from
which
forest
tree
30
species
have
been
removed
but
have
not
yet
been
restocked,
but
it
does
not
in
-
31
clude
land
affirmatively
converted
to
uses
other
than
the
growing
of
forest
32
tree
species.
33
(7)
"Forest
product
manufacturer"
means
a
business
entity
that
engages
34
in
the
processing,
cutting,
fabricating
or
other
process
which
that
converts
35
timber,
chips,
sawdust
,
or
shavings
into
lumber,
paper,
plywood,
particle
36
board
,
or
other
usable
products
for
sale
in
commerce
,
provided,
however,
as
37
used
in
this
chapter,
forest
products
.
Forest
product
manufacturers
shall
38
include
those
business
entities
that
buy
timber
in
Idaho
and
then
sell
it
to
39
other
persons
outside
of
the
state
for
manufacture
into
finished
products.
40
Forest
product
manufacturers
shall
not
include
the
following
business
enti
-
41
ties
engaged
in:
42
2
(a)
The
production
of
fence
or
corral
posts
or
rails;
1
(b)
Producing
shingles
or
shakes;
2
(c)
Producing
firewood
or
pellets
for
energy;
or
3
(d)
Producing
logs
which
that
have
been
shaped
or
scribed
and
used
in
4
the
construction
of
log
structures.
5
(8)
"Hog
fuel"
means
wood
or
wood
scraps
that
have
been
shredded
or
pul
-
6
verized
and
used
by
forest
product
manufacturers
to
generate
energy.
7
(9)
"Private
forest
lands"
means
forest
lands
not
owned
by
the
federal
8
government,
state
government,
an
Indian
tribe
,
or
a
political
subdivision
of
9
the
state.
10
SECTION
2.
That
Section
38
-
1503,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
amended
to
read
as
follows:
12
38
-
1503.
FOREST
PRODUCTS
COMMISSION
CREATED
-
-
MEMBERS.
(1)
There
is
13
hereby
created
and
established
in
the
department
of
self
-
governing
agencies
14
the
Idaho
forest
products
commission,
to
be
composed
of
five
(5)
voting
mem
-
15
bers
appointed
by
the
governor
from
a
list
of
names
with
at
least
two
(2)
16
names
for
each
appointive
office
for
each
district
submitted
to
the
gover
-
17
nor
by
the
financial
supporters
of
the
commission
in
each
district.
Initial
18
members
of
the
commission
shall
serve
either
a
three
(3)
or
five
(5)
year
19
term,
with
two
(2)
members
of
the
commission
serving
three
(3)
year
terms,
20
and
three
(3)
members
of
the
commission
serving
five
(5)
year
terms.
For
the
21
initial
commission
members,
the
duration
of
each
member's
term
shall
be
de
-
22
termined
by
lot.
Thereafter,
all
All
commission
members
shall
serve
terms
23
of
three
(3)
years,
and
may
be
reappointed.
The
commission
shall
may
adopt
24
rules
to
,
subject
to
legislative
approval,
to
further
define
the
process
for
25
filling
vacancies
to
the
commission
and
to
provide
for
determining
the
terms
26
of
office
for
all
members
of
the
commission
after
the
expiration
of
the
terms
27
of
the
original
members
.
28
(2)
The
governor
shall
also
name
as
permanent
advisory
members
to
the
29
commission
,
the
director
of
the
department
of
lands,
a
representative
of
the
30
United
States
forest
service,
the
dean
of
the
University
university
of
Idaho
31
college
of
natural
resources
or
the
dean's
designee,
a
representative
of
the
32
Idaho
department
of
commerce
and
the
Idaho
department
of
agriculture
with
33
expertise
in
marketing
and
promotion
,
and
the
executive
director
of
the
as
-
34
sociated
logging
contractors.
No
advisory
member
of
the
commission
shall
35
have
a
vote
on
the
commission.
36
(3)
Nominations
for
expiring
seats
on
the
commission
shall
be
made
by
37
the
financial
supporters
of
the
commission
from
the
district
in
which
the
38
seat
is
expiring,
or
from
all
districts
if
an
at
-
large
member
seat
is
expir
-
39
ing,
no
later
than
June
1
of
the
year
in
which
the
seat
is
expiring.
The
com
-
40
mission
shall
provide
nomination
applications
to
all
financial
supporters
41
of
the
commission.
The
commission
shall
send
the
names
of
all
qualified
nom
-
42
inees
to
the
governor
and
may
make
its
own
recommendations
and
nominations.
43
In
making
the
appointments,
the
governor
shall
take
into
consideration
the
44
recommendations
made
by
the
commission
and
organizations
that
represent
or
45
are
engaged
in
harvesting,
transporting,
or
manufacturing
forest
products.
46
(4)
Vacancies
in
any
unexpired
term
shall
be
filled
by
the
governor.
47
The
commission
shall
identify
qualified
candidates
and
send
their
names
to
48
the
governor.
The
appointed
member
shall
serve
on
the
commission
for
the
re
-
49
3
mainder
of
the
unexpired
term
and
shall
represent
the
same
region
and
inter
-
1
ests
as
the
person
whose
seat
had
become
vacant.
A
member
appointed
to
fill
2
an
at
-
large
member
vacancy
shall
represent
all
regions.
3
SECTION
3.
That
Section
38
-
1506,
Idaho
Code,
be,
and
the
same
is
hereby
4
amended
to
read
as
follows:
5
38
-
1506.
CHAIRMAN
AND
STAFF
,
CHAIR,
AND
VICE
CHAIR
OF
THE
COMMIS
-
6
SION.
(1)
The
commission
shall
elect
a
chairman
and
may
employ
clerical
or
7
other
staff
who
are
not
members
of
the
commission.
8
(2)
The
commission
shall
nominate
and
elect,
by
majority
vote,
a
chair
9
to
serve
as
the
presiding
officer
at
all
commission
meetings.
10
(3)
The
commission
may
nominate
and
elect,
by
majority
vote,
a
vice
1
1
chair
to
accept
the
duties
of
the
chair
in
the
event
that
the
chair
is
unable
12
to
attend
a
commission
meeting.
13
(4)
The
term
of
office
for
chair
and
vice
chair
positions,
if
elected,
14
shall
be
one
(1)
year,
commencing
on
July
30
of
each
year.
15
SECTION
4.
That
Section
38
-
1515,
Idaho
Code,
be,
and
the
same
is
hereby
16
amended
to
read
as
follows:
17
38
-
1515.
IMPOSITION
OF
ASSESSMENTS
AND
PROVISION
FOR
LATE
FEES.
(1)
18
From
and
after
the
first
day
of
July,
1995,
the
The
commission
is
hereby
au
-
19
thorized
to
levy
the
following
assessments:
20
(a)
For
all
forest
products
product
manufacturers,
an
amount
no
greater
21
than
fifty
cents
(50¢)
per
thousand
board
feet
or
the
equivalent
thereof
22
for
all
logs
either
harvested
in
Idaho
,
or
measured
or
processed
by
a
23
manufacturing
entity
located
in
the
state
of
Idaho,
regardless
of
the
24
state
in
which
the
logs
might
may
have
been
cut
,
or
cut
within
Idaho
and
25
then
distributed
to
other
persons
outside
of
the
state
.
For
purposes
26
of
this
chapter,
"forest
products
manufacturers"
shall
include
those
27
business
entities
which
buy
timber
in
Idaho
and
then
sell
it
to
other
28
persons
outside
the
state
for
manufacture
into
finished
products.
Such
29
business
entities
shall
be
liable
for
the
assessments
described
in
this
30
paragraph
for
all
timber
cut
within
Idaho
and
then
distributed
to
other
31
persons
outside
the
state.
32
(b)
For
all
business
entities
engaged
in
the
harvest
or
transport
of
33
timber,
logs,
unfinished
lumber,
chips,
sawdust,
shavings
,
or
hog
fuel
34
in
Idaho,
a
sum
no
greater
than
twenty
-
five
dollars
($25.00)
per
em
-
35
ployee,
including
single,
self
-
employers
and
the
individuals
involved
36
in
partnerships,
as
measured
by
the
records
of
the
department
of
labor
37
during
the
month
of
July
of
the
preceding
year,
or
as
provided
in
sub
-
38
section
(2)
of
this
section,
provided,
however,
those
business
entities
39
engaged
solely
in
the
harvest
or
transport
of
those
exclusions
to
forest
40
products
product
manufacturers
as
set
forth
in
subsection
(7)(a)
,
(b),
41
(c)
and
through
(d)
of
section
38
-
1502,
Idaho
Code,
shall
owe
no
duty
or
42
assessment
under
pursuant
to
this
chapter,
nor
shall
any
assessment
be
43
levied
upon
on
forest
products
transported
by
railroad.
44
(c)
For
business
entities
or
persons
owning
more
than
ten
thousand
45
(10,000)
acres
of
private
forest
land
within
the
state
of
Idaho,
a
sum
no
46
greater
than
ten
cents
(10¢)
per
each
acre
of
forest
land.
47
4
(d)
No
person,
firm
,
or
business
entity
shall
be
liable
for
assessments
1
under
pursuant
to
this
chapter
in
more
than
one
(1)
of
the
categories
2
described
in
this
section.
In
the
event
that
a
person,
firm
,
or
busi
-
3
ness
entity
qualifies
to
pay
more
than
one
(1)
assessment
as
described
4
herein,
then
the
greater
of
the
assessments
shall
be
assessed,
due
,
and
5
payable.
6
(2)
In
collecting
assessments
due
the
commission,
the
commission
is
au
-
7
thorized
to
cooperate
with
and
coordinate
its
actions
to
collect
assessments
8
with
the
various
efforts
of
the
Idaho
board
of
scaling
practices,
the
state
9
tax
commission,
the
department
of
labor,
the
transportation
department
,
10
and
the
department
of
lands
to
either
collect
assessments
or
taxes
due
under
1
1
pursuant
to
the
provisions
of
this
chapter
or
to
identify
those
who
may
owe
12
assessments
under
pursuant
to
the
provisions
of
this
chapter.
13
(3)
Any
person
or
firm
who
makes
payment
to
the
commission
at
a
date
14
later
than
that
prescribed
in
rules
set
forth
by
the
commission
under
this
15
section
may
be
subject
to
a
late
payment
penalty
as
set
forth
by
the
commis
-
16
sion
by
rule.
Such
penalty
shall
not
exceed
fifteen
percent
(15%)
per
annum
17
on
the
amount
due.
In
addition
to
the
above
penalty,
the
commission
shall
be
18
entitled
to
recover
all
costs,
fees,
and
reasonable
attorney's
fees
incurred
19
in
the
collection
of
the
tax
and
penalty
provided
for
in
this
section.
20
(4)
(3)
An
assessment
levied
under
pursuant
to
this
chapter
shall
be
21
based
upon
on
data
compiled
from
the
base
year.
Assessments
shall
be
paid
to
22
the
commission
according
to
such
rules
as
may
be
adopted
by
the
commission.
23
The
assessment
shall
be
set
by
the
commission
no
later
than
January
1
of
the
24
assessment
year.
The
commission
shall
mail
notice
of
the
assessment
no
later
25
than
the
last
day
of
the
fourth
week
of
May
of
the
assessment
year
to
the
last
26
known
address
of
each
financial
supporter.
Assessments
shall
not
be
reduced
27
for
financial
supporters
who
cease
business
during
an
assessment
year.
28
(4)
Financial
supporters
may
pay
assessments
in
either
one
(1)
full
29
payment
due
thirty
(30)
days
after
the
date
the
notice
of
assessment
is
30
mailed
or
in
four
(4)
equal
payments
with
payment
in
full
due
by
December
31
31
of
the
assessment
year.
32
(5)
A
payment
in
full
or
a
quarterly
payment
that
is
not
received
within
33
thirty
(30)
days
of
the
date
the
notice
of
assessment
is
mailed
shall
re
-
34
sult
in
the
account
being
considered
delinquent.
Delinquent
accounts
shall
35
accrue
a
one
percent
(1%)
interest
per
calendar
month
on
the
balance
due.
36
Such
interest
shall
begin
to
accrue
thirty
-
one
(31)
calendar
days
after
the
37
date
the
notice
of
assessment
was
mailed.
Any
person,
firm,
or
business
that
38
fails
to
make
a
payment
may
be
subject
to
a
late
payment
penalty
that
shall
39
not
exceed
fifteen
percent
(15%)
per
annum
on
the
amount
due.
The
commission
40
shall
be
entitled
to
recover
all
costs,
fees,
and
reasonable
attorney's
fees
41
incurred
in
the
collection
of
the
tax
and
penalty
provided
for
in
this
chap
-
42
ter.
43
(6)
The
commission
may
establish
a
policy
and
schedule
for
checks
that
44
are
returned
due
to
insufficient
funds.
The
policy
and
schedule
shall
be
45
made
available
to
the
public
pursuant
to
chapter
1,
title
74,
Idaho
Code.
46
SECTION
5.
The
rules
contained
in
IDAPA
15.03.01,
Forest
Products
Com
-
47
mission,
relating
to
Rules
of
Administrative
Procedure
of
the
Idaho
Forest
48
Products
Commission,
shall
be
null,
void,
and
of
no
force
and
effect
on
and
49
after
July
1,
2026.
50
5
SECTION
6.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3