View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0274...............................................by AGRICULTURAL AFFAIRS COMMODITY DEALERS - Amends and adds to existing law to provide for licenses for commodity dealers that purchase seed crops; to increase the penalty fee for licensees with expired licenses; to provide bonding requirements; to provide for irrevocable letters of credit in lieu of bonds; to provide for suspension or revocation of licenses; to provide an exception for written agreements altering time for payment; to require annual inspections; to provide for purchase of seed crops by credit sale contracts; to provide for title to seed crops; to provide for production records; to provide violations; to provide for participation of producers covered by this chapter in the Bonded Warehouse Commodity Indemnity Fund program; and to provide for notice to licensed warehouses and dealers of the effective date of the program. 02/15 House intro - 1st rdg - to printing 02/16 Rpt prt - to Agric Aff 03/02 Rpt out - to Gen Ord 03/20 Ret'd to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 274 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO COMMODITY DEALER LAW; AMENDING SECTION 69-502, IDAHO CODE, TO 3 REVISE DEFINITIONS; AMENDING SECTION 69-503, IDAHO CODE, TO PROVIDE FOR 4 LICENSES FOR COMMODITY DEALERS THAT PURCHASE SEED CROPS, TO STRIKE A REF- 5 ERENCE TO A LICENSED PUBLIC ACCOUNTANT AND TO MAKE TECHNICAL CORRECTIONS; 6 AMENDING SECTION 69-504, IDAHO CODE, TO INCREASE THE PENALTY FEE FOR 7 LICENSEES WITH CERTAIN EXPIRED LICENSES AND TO MAKE TECHNICAL CORRECTIONS; 8 AMENDING SECTION 69-506, IDAHO CODE, TO STRIKE REFERENCE TO ANNUITY, TO 9 PROVIDE BONDING REQUIREMENTS FOR COMMODITY DEALERS IN SEED CROPS, TO PRO- 10 VIDE FOR IRREVOCABLE LETTERS OF CREDIT IN LIEU OF BOND AND TO MAKE A TECH- 11 NICAL CORRECTION; AMENDING CHAPTER 5, TITLE 69, IDAHO CODE, BY THE ADDI- 12 TION OF A NEW SECTION 69-506A, IDAHO CODE, TO PROVIDE THAT THE DEPARTMENT 13 OF AGRICULTURE SHALL REQUIRE LICENSEES, UNABLE TO PAY PRODUCERS DUE TO 14 FINANCIAL DIFFICULTY, TO POST CERTAIN SECURITY, TO AUTHORIZE RULEMAKING 15 AND TO PROVIDE FOR SUSPENSION OR REVOCATION OF LICENSES; AMENDING SECTION 16 69-508, IDAHO CODE, TO INCREASE FEES, TO STRIKE REFERENCE TO A SEPARATE 17 FUND, TO PROVIDE THAT DEPOSITED MONEYS SHALL BE CREDITED TO THE GENERAL 18 ACCOUNT, TO STRIKE REFERENCE TO CERTAIN USES OF THE MONEYS BY THE DIRECTOR 19 OF THE DEPARTMENT OF AGRICULTURE AND TO MAKE A TECHNICAL CORRECTION; 20 AMENDING SECTION 69-510, IDAHO CODE, TO PROVIDE FOR A WAREHOUSE PAYMENT OF 21 PURCHASE PRICE FOR SEED CROPS AND TO PROVIDE AN EXCEPTION FOR WRITTEN 22 AGREEMENTS ALTERING TIME FOR PAYMENT; AMENDING SECTION 69-511, IDAHO CODE, 23 TO REQUIRE YEARLY INSPECTION BY THE DEPARTMENT OF AGRICULTURE OF COMMODITY 24 DEALERS PREMISES AND TO PROVIDE FOR THE INSPECTION OF RECORDS REGARDING 25 CERTAIN SEED CROPS; AMENDING SECTION 69-512, IDAHO CODE, TO STRIKE A REF- 26 ERENCE TO CREDIT SALE, TO PROVIDE A CODE REFERENCE, TO PROVIDE REFERENCES 27 TO SEED CROP; AMENDING SECTION 69-514, IDAHO CODE, TO PROVIDE FOR THE PUR- 28 CHASE OF SEED CROPS BY CONTRACT, TO STRIKE A REFERENCE TO CREDIT SALE, TO 29 PROVIDE FOR TITLE TO SEED CROPS AND TO PROVIDE FOR PAYMENT OF PURCHASE 30 PRICE FOR SEED CROPS; AMENDING SECTION 69-515, IDAHO CODE, TO PROVIDE FOR 31 PRODUCTION RECORDS; AMENDING SECTION 69-516, IDAHO CODE, TO STRIKE REFER- 32 ENCE TO REGULATIONS AND TO STRIKE REFERENCE TO CREDIT SALE; AMENDING SEC- 33 TION 69-517, IDAHO CODE, TO PROVIDE FOR SERVICE ON LICENSE HOLDER BY FAC- 34 SIMILE; AMENDING SECTION 69-520, IDAHO CODE, TO PROVIDE A VIOLATION FOR 35 CERTAIN PAYMENTS BY WAREHOUSES TO PRODUCERS OF SEED CROPS MADE UPON AN 36 ACCOUNT WITH INSUFFICIENT FUNDS; AMENDING SECTION 69-521, IDAHO CODE, TO 37 STRIKE A REFERENCE TO REVIEWED FINANCIAL STATEMENTS AND TO STRIKE A REFER- 38 ENCE TO LICENSED PUBLIC ACCOUNTANT; AMENDING SECTION 69-523, IDAHO CODE, 39 TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 69-524, IDAHO CODE, TO 40 STRIKE A REFERENCE TO REGULATIONS; AMENDING SECTION 69-526, IDAHO CODE, TO 41 MAKE A TECHNICAL CORRECTION; AMENDING CHAPTER 5, TITLE 69, IDAHO CODE, BY 42 THE ADDITION OF A NEW SECTION 69-527, IDAHO CODE, TO PROVIDE FOR THE PAR- 43 TICIPATION OF PRODUCERS COVERED BY THE PROVISIONS OF THIS CHAPTER IN THE 44 BONDED WAREHOUSE COMMODITY INDEMNITY FUND PROGRAM, TO PROVIDE FOR APPLICA- 45 TION OF CERTAIN PROVISIONS AND TO PROVIDE FOR NOTICE TO LICENSED WARE- 46 HOUSES AND DEALERS OF THE EFFECTIVE DATE OF THE PROGRAM. 2 1 Be It Enacted by the Legislature of the State of Idaho: 2 SECTION 1. That Section 69-502, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 69-502. DEFINITIONS. As used in this chapter, except as otherwise speci- 5 fied: 6 (1) "Agricultural commodity" means any grain,dry peas,wheat, barley, 7 oats, corn, rye, oilseeds, dry edible beans, peas, lentils and other 8 leguminousor other smallseeds, except true seed crops, or any other commod- 9 ity as determined by the director. 10 (2) "Bailee" means a person who receives personal property from another 11 as a bailment. 12 (3) "Bailment" means a delivery of personal property by one (1) person 13 (the bailor) to another (the bailee) who holds the property for a certain pur- 14 pose under an express or implied-in-fact contract. Unlike a sale or gift of 15 personal property, a bailment involves a change in possession but not in 16 title. 17 (4) "Bailment contract" means a contract between two (2) or more parties 18 that creates a "bailor" and "bailee" relationship wherein the bailor transfers 19 property (seed) to the bailee, but does not transfer title along with the 20 property. For the purposes of this chapter, the term "bailment contract" is 21 interchangeable with the term "production contract." 22 (5) "Bailor" means a person who delivers personal property to another as 23 a bailment. 24 (6) "Commodity dealer or dealer" means any person who solicits, contracts 25 for,or negotiates the consignment or purchase,or obtains from an Idaho pro- 26 ducer or producers, title, possession, or control of any agricultural commod- 27 ity or seed crop through his place of business located in the state of Idaho 28 or through his place of business located outside the state of Idaho for the 29 purpose of sale or resale or who buys, during any calendar year, at least ten 30 thousand dollars ($10,000) worth of agricultural commodities or seed crops 31 from an Idaho producer or producers of the commodities or seed crops. Commod- 32 ity dealer or dealer shall not mean any person who purchases agricultural com- 33 modities or seed crops for his own use as seed or feed within his own opera- 34 tion. 35(3) "Credit-sale contract" means a contract for the sale of an agricul-36tural commodity pursuant to which the sale price is to be paid at a date sub-37sequent to the delivery of the agricultural commodity to the buyer and38includes, but is not limited to, those contracts commonly referred to as39deferred payment contracts, deferred pricing contracts and price-later con-40tracts.41 (7) "Contract" means an agricultural contract as defined in chapter 50, 42 title 22, Idaho Code, which may include, but is not limited to, those con- 43 tracts commonly referred to as credit sales, bailment, deferred payment, 44 delayed or price-later contracts. 45 (8) "Deliver or delivery" means the physical transfer of agricultural 46 commodity or seed crop from one (1) party to another. 47 (49) "Department" means the department of agriculture of the state of 48 Idaho. 49 (510) "Director" means the director of the Idaho state department of agri- 50 culture. 51 (611) "Person" means any individual, firm, association, partnership,or52 corporation or limited liability company. 53 (712) "Producer" means the owner, tenant or operator of land in this state 3 1 who has an interest in and receives all or part of the proceeds fromthehis 2 sale of agricultural commodities or seed crops produced on that land. 3 (13) "Production facility" means any elevator, mill, warehouse, 4 subterminal commodity warehouse, public warehouse or other structure or facil- 5 ity in which agricultural commodities or seed crops are received, partially or 6 wholly, through the use of production contracts or bailment contracts. 7 (814) "Public warehouse or warehouse" means any elevator, mill, warehouse, 8 subterminal commodity warehouse, public warehouse or other structure or facil- 9 ity in which agricultural commodities or seed crops are received for storage, 10 shipment, processing, reconditioning or handling. 11 (15) "Revocation" means the permanent removal of a commodity dealer 12 license following a hearing on violations of the provisions of this chapter by 13 the hearing officer or director. 14 (16) "Seed crops" means any true seed crop that may include, but not be 15 limited to, dry edible bean seed, dry garden bean seed, alfalfa seed, clover 16 seed, forage grass seed, ornamental grass seed, vegetable seed, flower seed, 17 peas, lentils and other leguminous seeds or any other seed crop as determined 18 by the director. 19 (917) "Suspension" means the temporary removal of a commodity dealer 20 license by the department pending a hearing for violations of the provisions 21 of this chapter. Correction of the violations prior to a hearing may result in 22 the reinstatement of a license without a hearing. 23(10) "Revocation" means the permanent removal of a commodity dealer24license following a hearing on violations of the provisions of this chapter by25the hearing officer or director.26 (118) "Termination" means the expiration of a commodity dealer license 27 due to failure to meet minimum licensing requirements, failure to renew a com- 28 modity dealer license or as requested by the licensee according to the terms 29 of section 69-504 (4), Idaho Code. 30 SECTION 2. That Section 69-503, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 69-503. LICENSE REQUIREMENTS -- FINANCIAL RESPONSIBILITY. (1) A person 33 shall not engage in the business of a commodity dealer in this state without 34 having obtained a license issued by the department. 35 (2) The type of license required shall be determined as follows: 36 (a) A class 1 license is required if the commodity dealer purchases agri- 37 cultural commodities or seed crops by credit-sale contract or if the value 38 of the agricultural commodities or seed crops purchased by the commodity 39 dealer from producers during the previous twelve (12) month period exceeds 40 two hundredandfifty thousand dollars ($250,000), or if the value of the 41 agricultural commodities or seed crops expected to be purchased by the 42 commodity dealer from the producers during the succeeding twelve (12) 43 month period will exceed two hundredandfifty thousand dollars 44 ($250,000). Any other commodity dealer may elect to be licensed as a class 45 1 commodity dealer. 46 (b) A class 2 license is required for any commodity dealer if the value 47 of the agricultural commodities or seed crops purchased by the commodity 48 dealer from producers during the previous twelve (12) month period exceeds 49 ten thousand dollars ($10,000) and is less than two hundredandfifty 50 thousand dollars ($250,000), and if the value of the agricultural commodi- 51 ties or seed crops expected to be purchased by the commodity dealer from 52 producers during the succeeding twelve (12) month period will be more than 53 ten thousand dollars ($10,000) but less than two hundredandfifty thou- 4 1 sand dollars ($250,000). A class 2 licensee whose purchases from producers 2 exceed two hundredandfifty thousand dollars ($250,000) in value during 3 any twelve (12) month period shall immediately apply for a class 1 4 license. If a class 1 license is denied, the person shall immediately 5 cease doing business as a commodity dealer. 6 (3) An application for a license to engage in business as a commodity 7 dealer shall be filed with the department and shall be on a form prescribed by 8 the department. A separate license is required for each location at which 9 records are maintained for transactions of the commodity dealer. 10 (4) A license application shall include the following: 11 (a) The name of the applicant; 12 (b) The names of the officers and directors if the applicant is a corpo- 13 ration; 14 (c) The names of the partners if the applicant is a partnership; 15 (d) The location of the principal place of business; and 16 (e) Any other reasonable information the department finds necessary to 17 carry out the provisions and purposes of this chapter. 18 (5) A license applicant shall further provide a sufficient and valid bond 19 as specified in section 69-506, Idaho Code. 20 (6) A license applicant shall further provide a complete financial state- 21 ment setting forth the applicant's assets, liabilities and net worth. This 22 financial statement shall be prepared by an independent certified public 23 accountantor a licensed public accountantaccording to generally accepted 24 accounting principles. The commodity dealer shall have and maintain current 25 assets equal to or greater than current liabilities. Assets shall be shown at 26 original cost less depreciation. Upon written request filed with the depart- 27 ment, the director may allow asset valuations in accordance with a competent 28 appraisal. 29 (7) In order to receive and retain a commodity dealer's license the fol- 30 lowing additional conditions must be satisfied: 31 (a) For a class 1 license a commodity dealer shall have and maintain a 32 net worth of at least fifty thousand dollars ($50,000) or maintain a bond 33 in the amount of two thousand dollars ($2,000) for each one thousand dol- 34 lars ($1,000) or fraction thereof of net worth deficiency; however, a per- 35 son shall not be licensed as a class 1 commodity dealer if the person has 36 a net worth of less than twenty-five thousand dollars ($25,000). A bond 37 submitted for purposes of this subsection shall be in addition to any bond 38 otherwise required under the provisions of this chapter. 39 (b) For a class 2 license a commodity dealer shall have and maintain a 40 net worth of at least twenty-five thousand dollars ($25,000) or maintain a 41 bond in the amount of two thousand dollars ($2,000) for each one thousand 42 dollars ($1,000) or fraction thereof of net worth deficiency; however, a 43 person shall not be licensed as a class 2 commodity dealer if the person 44 has a net worth of less than ten thousand dollars ($10,000). A bond sub- 45 mitted for purposes of this subsection shall be in addition to any bond 46 otherwise required under the provisions of this chapter. 47 (8) The department may require additional information or verification 48 regarding the financial resources of the applicant and the applicant's ability 49 to pay producers for agricultural commodities or seed crops purchased from 50 them. 51 SECTION 3. That Section 69-504, Idaho Code, be, and the same is hereby 52 amended to read as follows: 53 69-504. LICENSE ISSUANCE -- RENEWAL -- EXPIRATION. (1) The department 5 1 shall issue a license when the applicant has filed the application and com- 2 plied with the terms and conditions of the provisions of this chapter and the 3 rulesand regulationsof the department. The license shall expire on December 4 31 of each year. 5 (2) A commodity dealer's license may be renewed annually by submitting 6 all necessary licensing materials required by the provisions of this chapter. 7 This material shall be received by the department before December 31 of each 8 year. 9 (3) A commodity dealer's license which has expired may be reinstated by 10 the department upon receipt of all necessary licensing materials required by 11 the provisions of this chapter and a penalty fee in the amount offiftyfive 12 hundred dollars ($50.00); providing, that this material is filed within thirty 13 (30) days from the date of expiration of the commodity dealer's license. At 14 the end of the thirty (30) day penalty period, a commodity dealer's license 15 shall terminate. All license applications received after the thirty (30) day 16 penalty period shall be considered original applications and license fees 17 shall be assessed according to section 69-508(1), Idaho Code. 18 (4) A license may terminate upon request of the licensee unless a com- 19 plaint has been filed against the licensee alleging a violation of any provi- 20 sion of this chapter. A commodity dealer's license is not transferable between 21 legal entities. 22 (5) If an applicant has had a license revoked under the provisions of 23 chapters 2 or 5, title 69, Idaho Code, or the United States warehouse act 24 within the past three (3) years or been convicted of a violation of the provi- 25 sions of chapters 2 or 5, title 69, Idaho Code, or the United States warehouse 26 act within the past three (3) years, the department may deny a commodity 27 dealer's license to the applicant. 28 (6) Any partnership with a partner or any corporation which has an offi- 29 cer, director or majority stockholder owning at least tenper centpercent 30 (10%) of issued stock who has had a license revoked under the provisions of 31 chapters 2 or 5, title 69, Idaho Code, or the United States warehouse act 32 within the previous three (3) years or has been convicted of a felony involv- 33 ing violations of the provisions of chapters 2 or 5, title 69, Idaho Code, or 34 the United States warehouse act, may be denied a commodity dealer's license by 35 the department. 36 SECTION 4. That Section 69-506, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 69-506. BONDING REQUIREMENTS -- CANCELLATION -- CERTIFICATE OF DEPOSIT OR 39ANNUITYIRREVOCABLE LETTER OF CREDIT IN LIEU OF BOND. Except as provided in 40 chapter 2, title 69, Idaho Code, an applicant for a license to operate as a 41 commodity dealer shall, before a license will be issued, file with the depart- 42 ment a bond payable to the state of Idaho with a corporate surety approved by 43 the department with the condition that the applicant will pay the purchase 44 price of any agricultural commodity or seed crop to the seller. The aggregate 45 annual liability of the surety shall in no event exceed the sum of the bond. 46 The bond for each class 1 license shall be in the sum of twenty-five thou- 47 sand dollars ($25,000). The bond for each class 2 license shall be in the sum 48 of fifteen thousand dollars ($15,000). A surety shall notify the commodity 49 dealer and the department by certified mail at least sixty (60) days prior to 50 the cancellation of a bond issued under the provisions of this chapter. The 51 liability of the surety shall cover purchases made by the commodity dealer 52 during the time the bond is in force. A commodity dealer's bond filed with 6 1 this department shall be continuous untilcancelledcanceled by the surety 2 upon sixty (60) days' notice. The director reserves the right to waive the 3 sixty (60) day cancellation period. 4 Any person required to submit a bond to the department in accordance with 5 this chapter, may at his option give to the department a certificate of 6 deposit orannuityan irrevocable letter of credit payable to the director as 7 trustee in lieu of the bond required herein. The principal amount of the cer- 8 tificate orannuityletter of credit shall be the same as that required for a 9 surety bond pursuant to this chapter. Accrued interest upon the certificate 10 of depositor annuityshall be payable to the purchaser of the certificate.or11annuity.The certificate orannuityletter of credit shall remain on file with 12 the department until it is released,cancelledcanceled or discharged by the 13 director. The certificate or letter of credit shall remain in force so long as 14 the director of the Idaho state department of agriculture is notified thirty 15 (30) days in advance of such time the aforementioned document is renewed, 16 altered or amended. Failure to comply with such requirement to notify may 17 result in the suspension of a warehouseman or dealer license. The provisions 18 of this chapter that apply to a bond required pursuant to this chapter apply 19 to each certificate of deposit orannuityletter of credit given in lieu of 20 such bond. 21 Under the provisions of this chapter, anannuityirrevocable letter of 22 credit shall not beaccepted by the departmentacceptable unless it is issued 23 by an insurance company,national bank in Idaho orother financial institution24found acceptable by the director and shall have a cash value equal to the bond25requirement less any penalty for early withdrawalby an Idaho state chartered 26 bank insured by the federal deposit insurance corporation. 27 SECTION 5. That Chapter 5, Title 69, Idaho Code, be, and the same is 28 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 29 ignated as Section 69-506A, Idaho Code, and to read as follows: 30 69-506A. FINANCIAL DIFFICULTIES -- ADDITIONAL BOND OR SECURITY REQUIRED. 31 The department shall, when it has reason to believe that a licensee does not 32 have the ability to pay producers for commodities purchased, or when it deter- 33 mines that the licensee does not have a sufficient net worth to outstanding 34 financial obligations ratio, require the licensee to post a bond or other 35 additional security in an amount to be prescribed by rule. The additional 36 security may exceed the maximum amount set forth in this chapter. Failure of 37 the licensee to timely post the additional bond or other security constitutes 38 grounds for suspension or revocation of a license issued under this chapter. 39 The licensee may request a hearing regarding the decision to increase the 40 amount of security required or the revocation or suspension of a license pur- 41 suant to this section and may appeal such decisions pursuant to the procedure 42 set out in section 69-518, Idaho Code. 43 SECTION 6. That Section 69-508, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 69-508. LICENSE FEES. (1) The department shall assess and collect an 46 annual fee for each commodity dealer license on an original application 47 according to the following schedule: 48 (a) For a class 1 license the fee shall betwothree hundred sixty dol- 49 lars ($20360). 50 (b) For a class 2 license the fee shall be one hundred eighty dollars 51 ($1080). 7 1 (2) The department shall assess and collect an annual fee for the renewal 2 of each commodity dealer license according to the following schedule: 3 (a) For a class 1 license the renewal fee shall befortysixty dollars 4 ($460.00). 5 (b) For a class 2 license the renewal fee shall betwentyforty dollars 6 ($240.00). 7 (3) All license fees, assessments and moneys collected by the director 8 under the provisions of this chapter shall beplaced in a separate fund in9 deposited into the state treasuryto be used by the director for the purpose10of inspection, administration and enforcement of the provisions of this chap-11terand credited to the general account. 12 SECTION 7. That Section 69-510, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 69-510. PAYMENT OF PURCHASE PRICE. A person required to be licensed as a 15 commodity dealer under the provisions of this chapter shall pay the purchase 16 price to the owner or his agent for agricultural commodities or seed crops 17 upon delivery or demand by the owner or agent, but not later than thirty (30) 18 days after delivery by the owner or agent, unless otherwise agreed to by the 19 parties, in writing. As used in this section, "delivery" means the transfer of 20 title to and possession of agricultural commodities or seed crops by the owner 21 or agent to the commodity dealer or to another person in accordance with the 22 agreement of the owner or agent and the commodity dealer. As used in this sec- 23 tion, "payment" means the actual payment or tender of payment by the commodity 24 dealer to the owner or agent of the agreed purchase price. 25 SECTION 8. That Section 69-511, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 69-511. INSPECTION OF PREMISES, BOOKS AND RECORDS. The departmentmay28 shall inspect the premises used by any commodity dealer in the conduct of his 29 business at least once every calendar year and at any other reasonable time. 30 The books, accounts, records and papers of every such commodity dealer which 31 pertain to agricultural commodity or seed crop purchasesd or received shall 32 have bills of lading or other documents covering the agricultural commodities 33 or seed crops in his possession, and shall present them to any law enforcement 34 officer or to a person designated as a law enforcement officer. A commodity 35 dealer licensed in this state who does not have a place of business within the 36 state shall, upon the request of the director, make available and furnish to 37 the department at any reasonable time and place the department may set, all 38 books, accounts, records and papers relating to agricultural commodity or seed 39 crop transactions within the state of Idaho. Where there is good cause to 40 believe that a person is doing business as a commodity dealer in the state of 41 Idaho without a license, the department may inspect the books, papers and 42 records of the person which pertain to agricultural commoditypurchasesor 43 seed crop transactions. 44 SECTION 9. That Section 69-512, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 69-512. PENALTIES. (1) Any person who engages in business as a commodity 47 dealer without obtaining a license or who refuses to permit inspection of 48 licensed premises, books, accounts, records or other documents required by the 49 provisions of this chapter or who uses a scale ticket orcredit-salecontract 8 1 that fails to satisfy the requirements of the provisions of this chapter and 2 chapter 50, title 22, Idaho Code, shall be guilty of a felony and be punished 3 by imprisonment for not more than ten (10) years, or by a fine of not more 4 than ten thousand dollars ($10,000), or both. 5 (2) Any person who knowingly submits false information to or who know- 6 ingly withholds information from the department when such information is 7 required to be submitted or maintained pursuant to the provisions of this 8 chapter shall be guilty of a felony and be punished by imprisonment for not 9 more than ten (10) years, or by a fine of not more than ten thousand dollars 10 ($10,000), or both. 11 (3) Any person who shall misrepresent, forge, alter or counterfeit a 12 license required by the provisions of this chapter, or who shall issue, utter 13 or aid in the issuance or utterance or attempt to issue or utter a false or 14 fraudulent receipt for any commodity or seed crop shall be guilty of a felony 15 and be punished by imprisonment for not more than ten (10) years, or by a fine 16 of not more than ten thousand dollars ($10,000), or both. 17 (4) Any violation of the provisions of this chapter except as provided in 18 subsections (1), (2) or (3) of this section or section 69-520, Idaho Code, 19 shall be a misdemeanor and punishable by imprisonment in a county jail for not 20 more than six (6) months, or by a fine of not more than one thousand dollars 21 ($1,000), or by both. 22 SECTION 10. That Section 69-514, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 69-514.CREDIT-SALECONTRACTS. (1) A commodity dealer who purchases agri- 25 cultural commodities or seed crops bycredit-salecontracts shall maintain 26 books, records and other documents as required by the department to establish 27 compliance with the provisions of this section. 28 (2) In addition to other information as may be required, acredit-sale29 contract shall contain or make provision for all of the following: 30 (a) The seller's name and address; 31 (b) The conditions of delivery; 32 (c) The amount and kind of agricultural commodities or seed crops deliv- 33 ered; 34 (d) The price per unit or basis of value; and 35 (e) The date payment is to be made. 36 (3) Title to all agricultural commodities or seed crops sold by a con- 37 tract is in the purchasing dealer as of the time the contract is signed, 38 unless the contract provides otherwise. The contract must be signed by all 39 parties and executed in duplicate. One (1) copy shall be retained by the com- 40 modity dealer and one (1) copy shall be delivered to the seller. Upon revoca- 41 tion or termination of a commodity dealer's license, the payment date for all 42credit-salecontracts shall be advanced to a date not later than thirty (30) 43 days following the effective date of the revocation or termination and the 44 purchase price for all agricultural commodities or seed crops without a price 45 shall be determined as of the effective date of revocation or termination in 46 accordance with all other provisions of the contract. However, if the business 47 of the commodity dealer is sold to another licensed commodity dealer,credit-48salecontracts may be assigned to the purchaser of the business. 49 SECTION 11. That Section 69-515, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 69-515. RECORDS. All financial statements and production records of com- 9 1 modity dealers required under the provisions of this chapter shall be subject 2 to disclosure according to chapter 3, title 9, Idaho Code, except as follows: 3 (a) Upon written permission by the licensee; 4 (b) In actions or administrative proceedings commenced under the provi- 5 sions of this chapter or chapter 2, title 69, Idaho Code; 6 (c) When required by subpoena or court order; or 7 (d) Disclosure to law enforcement agencies in connection with the inves- 8 tigation or prosecution of criminal offenses. 9 SECTION 12. That Section 69-516, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 69-516. STANDARDIZATION OF RECORDS AND DOCUMENTS. The department may 12 adopt rulesand regulationsspecifying the form and content of scale tickets 13 andcredit-salecontracts. 14 SECTION 13. That Section 69-517, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 69-517. DIRECTOR'S AUTHORITY. The director may, upon his own motion, 17 whenever he has reason to believe the provisions of this chapter have been 18 violated, or upon verified complaint of any person in writing, investigate the 19 actions of any commodity dealer licensed under the provisions of this chapter, 20 and if he finds probable cause to do so, shall file a complaint against said 21 commodity dealer which shall be set down for hearing before the director upon 22 thirty (30) days' notice served upon such license holder either by personal 23 service, registered mail ortelegramfacsimile prior to such hearing. 24 The director shall have the power to administer oaths, certify to all 25 official acts and shall have the power to subpoena any person in this state as 26 a witness, to compel through subpoena the production of books, papers and 27 records, and to take the testimony of any person on deposition in the same 28 manner as is prescribed by law in the procedure before the courts of this 29 state. A subpoena issued by the director shall extend to all parts of the 30 state and may be served by any person authorized to do so. 31 All powers of the director herein enumerated in respect to administering 32 oaths, power of subpoena, and other enumerated powers in hearings on com- 33 plaints shall likewise be applicable to hearings held on applications for the 34 issuance or renewal of a commodity dealer license. 35 Nothing in this chapter shall be construed to require the director or his 36 authorized representative to report for prosecution or to institute civil, 37 criminal or administrative action against a commodity dealer for a violation 38 of the provisions of this chapter when he believes that public interest will 39 best be served by a suitable warning. 40 SECTION 14. That Section 69-520, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 69-520. DRAWING CHECKS INSUFFICIENTLY COVERED A VIOLATION. Any person 43 engaged in business as a commodity dealer, as defined in this chapter, who 44 shall make, draw, utter or deliver any check, draft or order for the payment 45 of money upon any bank, or other depository in payment to thesellerproducer 46 of the purchase or contract price of any agricultural commodity or seed crop 47 or any part thereof upon obtaining possession or control thereof, or in com- 48 pliance with a contract, when at the time of such making, drawing, uttering or 49 delivery the maker or drawer has not sufficient funds in or credit with such 10 1 bank or other depository for the payment of such check, draft or order in full 2 upon its presentation, shall be in violation of the provisions of this chap- 3 ter. The word "credit" as used herein shall mean an arrangement or understand- 4 ing with the bank or depository for the payment of such check, draft or order. 5 SECTION 15. That Section 69-521, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 69-521. FINANCIAL STATEMENTS. In order to obtain a commodity dealer's 8 license, the applicant shall submit an auditedor reviewedfinancial statement 9 prepared by an independent certified public accountantor licensed public10accountant, a statement of current assets and current liabilities and a state- 11 ment of net worth, all of which shall be prepared in accordance with generally 12 accepted accounting principles. This statement must have been prepared not 13 more than ninety (90) days prior to the date of application and shall conform 14 to the applicable requirements of this chapter as to annual financial state- 15 ments. 16 Once licensed, every licensee shall annually prepare a financial statement 17 either at the close of business, December 31, or at the end of their fiscal 18 year and file the statement with the department not later than ninety (90) 19 days thereafter. These statements shall be prepared in conformity with gener- 20 ally accepted accounting principles and shall include, but not be limited to, 21 a reviewed financial statement prepared by an independent certified public 22 accountant, a statement of current assets and current liabilities, and a 23 statement of net worth. 24 SECTION 16. That Section 69-523, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 69-523. PUBLICATION OF REPORTS. The Idaho state department of agriculture 27 may publish the results of any investigations made under the provisions of 28 this chapter and may publish the names and addresses of persons licensed under 29 this chapter and a list of all licenses terminated under this chapter and the 30 causes therefor. 31 SECTION 17. That Section 69-524, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 69-524. RULES.AND REGULATIONS.The department of agriculture shall make 34 such rulesand regulationsas it may deem necessary for the efficient execu- 35 tion of the provisions of this chapter. 36 SECTION 18. That Section 69-526, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 69-526. COOPERATION WITH GOVERNMENTAL AGENCIES AND PRIVATE ASSOCIATIONS. 39 The director may cooperate with and enter into agreements with governmental 40 agencies of this state, other states, agencies of the federal government, and 41 private associations in order to carry out the purpose and provisions of this 42 chapter and the United States warehouse act (7 U.S.C.A. section 241, et seq.). 43 Notwithstanding any other provisions of this chapter, such agreements may also 44 relate to a joint program for licensing, bonding and inspecting stations. Such 45 a program should be designed to avoid duplication of effort on the part of the 46 licensing authority and requirements for operation, and promote more efficient 47 enforcement of the provisions of this chapter and comparable provisions of the 11 1 laws of the states of Oregon, Washington, Montana, Wyoming, Utah,andNevada 2 and the province of British Columbia, Canada. 3 SECTION 19. That Chapter 5, Title 69, Idaho Code, be, and the same is 4 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 5 ignated as Section 69-527, Idaho Code, and to read as follows: 6 69-527. PARTICIPATION IN COMMODITY INDEMNITY FUND PROGRAM -- APPLICATION 7 OF PROVISIONS. Commencing on July 1, 2001, each producer covered pursuant to 8 the provisions of this chapter shall participate in the commodity indemnity 9 fund program, established pursuant to the provisions of chapter 2, title 69, 10 Idaho Code. All provisions regarding the indemnity fund program as set forth 11 in chapter 2, title 69, Idaho Code, including but not limited to, assessments, 12 payment of assessments, cessation of assessments, procedures for proofs of 13 claim, hearing and payments from the account shall apply to each producer cov- 14 ered pursuant to the provisions of this chapter. The director shall notify 15 each licensed warehouse and dealer of the effective date of the program provi- 16 sions.
STATEMENT OF PURPOSE RS 11119 This bill is one of several that have been recommended by the Governors task force on Family Farm Security. This bill updates and clarifies the commodity dealer section of the code. The bill strengthens the licensing procedures and raises the license fee schedule. This will give the Department of Agriculture more money and more ability to regulate commodity dealers. Additionally, the bill clarifies that commodity dealers must collect for the commodity indemnity account and that growers will be covered by the indemnity account in the case of a dealer failure. FISCAL IMPACT The fiscal impact to the Commodity Dealer program will be $1,520, increase due to a renewal fee increase. At this time the Department does not project any additional workload from this increase, but this will more nearly cover the cost of operating this program. The program's funds have been moved from dedicated to General Fund. Contact Name: Rep. Jones Phone: 332-1137 Dennis Doshier, Department of Agriculture STATEMENT OF PURPOSE/FISCAL NOTE H 27