SENATE BILL NO. 1313

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Bill Status



S1313aa.............................................by AGRICULTURAL AFFAIRS
BONDED WAREHOUSES - Amends existing law to provide for annual notification
by every licensed warehouseman to each individual having an interest in
certain agricultural commodities stored in their warehouse, or having an
interest in any open credit sales contract related to an agricultural
commodity with the warehouseman, for the purpose of confirming such
interest; to provide requirements relating to the notification; to provide
for certain voluntary annual notifications; and to provide an exception to
notification requirements.
                                                                        
02/13    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Agric Aff
02/25    Rpt out - to 14th Ord
03/02    Rpt out amen - to engros
03/03    Rpt engros - 1st rdg - to 2nd rdg as amen
03/04    2nd rdg - to 3rd rdg as amen
03/09    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Noh
    Title apvd - to House
03/10    House intro - 1st rdg - to Agric Aff
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 61-1-8
      AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black,
      Block, Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal,
      Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(23),
      Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake,
      Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr.
      Speaker
      NAYS -- Naccarato
      Absent and excused -- Bauer, Boe, Bradford, Field(18), Kellogg,
      Moyle, Ringo, Trail
    Floor Sponsor - Jones
    Title apvd - to Senate
03/19    To enrol
03/20    Rpt enrol - Pres signed - Sp signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 146
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1313
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BONDED WAREHOUSES; AMENDING CHAPTER 2, TITLE 69,  IDAHO  CODE,  BY
  3        THE  ADDITION  OF A NEW SECTION 69-213A, IDAHO CODE, TO PROVIDE FOR ANNUAL
  4        NOTIFICATION BY EVERY LICENSED WAREHOUSEMAN TO EACH INDIVIDUAL  HAVING  AN
  5        INTEREST IN ANY AGRICULTURAL COMMODITY STORED IN THEIR WAREHOUSE OR HAVING
  6        AN  INTEREST  IN ANY OPEN CREDIT SALES CONTRACT RELATED TO AN AGRICULTURAL
  7        COMMODITY WITH THE WAREHOUSEMAN FOR THE PURPOSE OF CONFIRMING SUCH  INTER-
  8        EST AND TO PROVIDE REQUIREMENTS RELATING TO THE NOTIFICATION.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Chapter  2,  Title  69, Idaho Code, be, and the same is
 11    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 12    ignated as Section 69-213A, Idaho Code, and to read as follows:
                                                                        
 13        69-213A.  ANNUAL NOTIFICATION. On or before December 1 of each year, every
 14    licensed  warehouseman shall send written notification to each individual hav-
 15    ing an interest in any agricultural commodity stored in  their  warehouse,  or
 16    having  an  interest  in any open credit sales contract related to an agricul-
 17    tural commodity with the warehouseman, for  the  purpose  of  confirming  said
 18    interest, which notification shall include the name of the individual, and the
 19    type and measurement of the agricultural commodity. Notification shall be sent
 20    by United States mail, postage prepaid to the last known address of each indi-
 21    vidual. Warehousemen shall maintain a record of the names and addresses of the
 22    individuals to whom notification was sent.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Noh                 
                                                                        
                                                     Seconded by Williams            
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1313
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed  bill,  in  line  13,  delete  "On"  and  insert:
  3    "Beginning  in  the  year 2005, on"; in line 15, following "warehouse" insert:
  4    "for a period of thirty-six (36) months or more"; and in  line  22,  following
  5    "sent."  insert: "A warehouseman may voluntarily elect to provide annual noti-
  6    fication to any individual having an interest in  any  agricultural  commodity
  7    stored  in  their  warehouse for a period of less than thirty-six (36) months.
  8    Notwithstanding any other provision of this section, a warehouseman shall  not
  9    be  required  to send annual notification to any individual having an interest
 10    in any agricultural commodity stored in their warehouse that was  produced  on
 11    lands owned by an Indian tribe as defined in section 67-4001, Idaho Code.".
                                                                        
 12                                 CORRECTIONS TO TITLE
 13        On page 1, in line 5, delete "ANY" and insert: "CERTAIN";  also in line 5,
 14    delete  "COMMODITY"  and  insert:  "COMMODITIES";  in line 8, delete "AND" and
 15    insert ","; and also in line 8, following "NOTIFICATION" insert: ", TO PROVIDE
 16    FOR CERTAIN VOLUNTARY ANNUAL NOTIFICATION AND TO PROVIDE AN EXCEPTION TO NOTI-
 17    FICATION REQUIREMENTS".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1313, As Amended
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BONDED WAREHOUSES; AMENDING CHAPTER 2, TITLE 69,  IDAHO  CODE,  BY
  3        THE  ADDITION  OF A NEW SECTION 69-213A, IDAHO CODE, TO PROVIDE FOR ANNUAL
  4        NOTIFICATION BY EVERY LICENSED WAREHOUSEMAN TO EACH INDIVIDUAL  HAVING  AN
  5        INTEREST  IN CERTAIN AGRICULTURAL COMMODITIES STORED IN THEIR WAREHOUSE OR
  6        HAVING AN INTEREST IN ANY OPEN CREDIT SALES CONTRACT RELATED TO  AN  AGRI-
  7        CULTURAL  COMMODITY  WITH  THE  WAREHOUSEMAN FOR THE PURPOSE OF CONFIRMING
  8        SUCH INTEREST, TO PROVIDE REQUIREMENTS RELATING TO  THE  NOTIFICATION,  TO
  9        PROVIDE FOR CERTAIN VOLUNTARY ANNUAL NOTIFICATION AND TO PROVIDE AN EXCEP-
 10        TION TO NOTIFICATION REQUIREMENTS.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Chapter  2,  Title  69, Idaho Code, be, and the same is
 13    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 14    ignated as Section 69-213A, Idaho Code, and to read as follows:
                                                                        
 15        69-213A.  ANNUAL  NOTIFICATION.  Beginning  in the year 2005, on or before
 16    December 1 of each year, every licensed warehouseman shall send written  noti-
 17    fication  to  each individual having an interest in any agricultural commodity
 18    stored in their warehouse for a period of thirty-six (36) months or  more,  or
 19    having  an  interest  in any open credit sales contract related to an agricul-
 20    tural commodity with the warehouseman, for  the  purpose  of  confirming  said
 21    interest, which notification shall include the name of the individual, and the
 22    type and measurement of the agricultural commodity. Notification shall be sent
 23    by United States mail, postage prepaid to the last known address of each indi-
 24    vidual. Warehousemen shall maintain a record of the names and addresses of the
 25    individuals  to  whom  notification  was  sent. A warehouseman may voluntarily
 26    elect to provide annual notification to any individual having an  interest  in
 27    any agricultural commodity stored in their warehouse for a period of less than
 28    thirty-six (36) months. Notwithstanding any other provision of this section, a
 29    warehouseman shall not be required to send annual notification to any individ-
 30    ual having an interest in any agricultural commodity stored in their warehouse
 31    that  was  produced  on  lands  owned by an Indian tribe as defined in section
 32    67-4001, Idaho Code.

Statement of Purpose / Fiscal Impact


          
                       STATEMENT OF PURPOSE
                             RS 13691

     There is currently no inventory reporting to the owners of grain or other
commodities in storage at Idaho warehouses.  Usually, the longer the commodity is in
storage the greater the storage charges, which often accumulate until there is a sale of the
commodity initiated by the owner.
     Owners of such commodities may be elderly or live in other states or towns remote
from the warehouse or the land which they own.  It is very easy for such owners to just
forget they have such assets in storage, and no notice from the warehouse may be given for
years.
     This proposal would simply require a yearly reporting through the U.S. Postal
Service to the last address of record of the owner of such stored commodities by the
warehouse.

                          FISCAL IMPACT

     None on the general fund or local governments.  Costs should be minimal to the
warehouse.  It may be that as owners realize they have salable commodities they will sell
them and some added tax revenue could be generated.  Legal fees may also be reduced. 


Contact
Name: Senator Laird Noh 
Phone: 332-1333



STATEMENT OF PURPOSE/FISCAL NOTE                                         S 1313