View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0522...............................................by AGRICULTURAL AFFAIRS SEED INDEMNITY FUND - Adds to existing law to provide for a seed indemnity fund; to provide for licenses; to provide for bonds and irrevocable letters of credit; to provide for action by injured persons; to provide for fees; to provide for receipts and scale weight tickets; to provide for maintenance, examination and confidentiality of records; to provide for prosecution; to provide for notice of noncompliance; to provide insurance requirements; to provide for assessments; to provide for an advisory committee; to provide for claims, hearings and payments from the fund; to authorize an action for reimbursement; and to provide for the accrual of causes of action. 01/31 House intro - 1st rdg - to printing 02/01 Rpt prt - to Agric Aff 02/21 Rpt out - rec d/p - to 2nd rdg 02/22 2nd rdg - to 3rd rdg 02/27 3rd rdg - PASSED - 66-0-4 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Martinez, McKague, Meyer, Montgomery, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Mader, Mortensen, Schaefer, Sellman Floor Sponsor - Jones Title apvd - to Senate 02/28 Senate intro - 1st rdg - to Agric Aff 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/13 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Little Title apvd - to House 03/14 To enrol 03/15 Rpt enrol - Sp signed Pres signed 03/15 To Governor 03/25 Governor signed Session Law Chapter 256 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 522 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE SEED INDEMNITY FUND; AMENDING TITLE 22, IDAHO CODE, BY THE 3 ADDITION OF A NEW CHAPTER 51, TITLE 22, IDAHO CODE, TO PROVIDE A SHORT 4 TITLE, TO DEFINE TERMS, TO PROVIDE FOR LICENSES, TO PROVIDE FOR BONDS AND 5 IRREVOCABLE LETTERS OF CREDIT, TO DESIGNATE AMOUNTS OF BOND AND TO PROVIDE 6 FOR NOTICE OF CANCELLATION OF A BOND, TO PROVIDE FOR ACTION BY INJURED 7 PERSONS, TO PROVIDE FOR FEES, TO PROVIDE FOR RECEIPTS AND SCALE WEIGHT 8 TICKETS, TO PROVIDE FOR MAINTENANCE OF RECORDS AND EXAMINATION OF RECORDS, 9 TO PROVIDE FOR VIOLATIONS AND PENALTIES AND TO PROVIDE FOR THE DISCRETION 10 OF THE DIRECTOR TO HANDLE CERTAIN VIOLATIONS ADMINISTRATIVELY, TO PROVIDE 11 FOR SUSPENSION OR REVOCATION OF LICENSES, TO PROVIDE THAT PROSECUTORS 12 SHALL HAVE CERTAIN DUTIES TO PROSECUTE REPORTED VIOLATIONS, TO PROVIDE FOR 13 NOTICE OF NONCOMPLIANCE, TO PROVIDE CERTAIN REQUIREMENTS, TO PROVIDE FOR 14 FAILURE TO COMPLY AND TO PROVIDE FOR REMEDIES OF THE DEPARTMENT OF AGRI- 15 CULTURE, TO REQUIRE CERTAIN INSURANCE, TO PROVIDE AN INSURANCE CANCELLA- 16 TION PROCEDURE, TO PROVIDE FOR SUSPENSION OF LICENSES AND TO PROVIDE FOR 17 SELF-INSURANCE, TO PROVIDE FOR LICENSE REISSUANCE FOLLOWING REVOCATION, TO 18 AUTHORIZE THE DEPARTMENT TO TAKE CERTAIN ACTION REGARDING SUSPECTED VIOLA- 19 TIONS, TO PROVIDE FOR LICENSE DENIAL, TO PROHIBIT PAYMENT WITH INSUFFI- 20 CIENT FUNDS, TO PROVIDE FOR CONFIDENTIAL AND PROTECTED RECORDS, TO PROVIDE 21 FOR THE SEED INDEMNITY FUND, TO PROVIDE FOR ASSESSMENTS, TO PROVIDE FOR 22 COLLECTION AND REMITTANCE OF ASSESSMENTS, TO PROVIDE THAT THE PRINCIPAL 23 AMOUNT OF ASSESSMENTS ARE HELD IN TRUST, TO PROVIDE FOR INTEREST EARNED, 24 TO PROVIDE THAT A SEED BUYER'S FAILURE TO COLLECT OR REMIT ASSESSMENTS 25 CONSTITUTES A VIOLATION AND TO PROVIDE FOR INTEREST AND PENALTIES ON 26 UNPAID ASSESSMENTS, TO PROVIDE FOR FUNDING AND LIMITS OF THE FUND, TO PRO- 27 VIDE FOR AN ADVISORY COMMITTEE, TO PROVIDE FOR PROOF OF CLAIMS, TO PROVIDE 28 A CLAIMS PROCEDURE AND TO PROVIDE FOR HEARING, TO PROHIBIT CERTAIN CLAIMS 29 ON THE FUND, TO REQUIRE A MINIMUM BALANCE IN THE FUND BEFORE CLAIMS ARE 30 PAID AND TO PROVIDE FOR TERMINATION OF LIABILITY FOR CERTAIN CLAIMS, TO 31 PROVIDE FOR PAYMENT FROM THE FUND, TO PROVIDE THAT CERTAIN PAYMENTS FROM 32 THE FUND CONSTITUTE A DEBT OF THE SEED BUYER OR THEIR SURETY, TO AUTHORIZE 33 AN ACTION FOR REIMBURSEMENT, TO PROVIDE FOR THE ACCRUAL OF CAUSES OF 34 ACTION AND TO AUTHORIZE RULEMAKING. 35 Be It Enacted by the Legislature of the State of Idaho: 36 SECTION 1. That Title 22, Idaho Code, be, and the same is hereby amended 37 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 38 ter 51, Title 22, Idaho Code, and to read as follows: 2 1 CHAPTER 51 2 SEED INDEMNITY FUND LAW 3 22-5101. SHORT TITLE OF ACT. This act shall be known as the "Seed Indem- 4 nity Fund Law." 5 22-5102. DEFINITIONS. As used in this chapter: 6 (1) "Contract" means an agreement which may include, but is not limited 7 to, those contracts commonly referred to as production, credit sale, bailment, 8 deferred payment, deferred or price later contracts. 9 (2) "Delivery voucher" means a form, other than a receipt or scale weight 10 ticket, authorized by rules of the department evidencing delivery of a 11 producer's seed crop to a seed buyer. 12 (3) "Department" means the Idaho state department of agriculture. 13 (4) "Director" means the director of the Idaho state department of agri- 14 culture. 15 (5) "Failure" means the date that one (1) or more of the following events 16 occurred, as determined by the director: 17 (a) An inability to financially satisfy producers; 18 (b) A declaration of insolvency; 19 (c) A revocation of license and the leaving of an outstanding indebted- 20 ness to a producer; 21 (d) A failure to redeliver any seed crop stored for withdrawal or to pay 22 producers for seed crop pursuant to the terms of an agreement; or 23 (e) A denial of the application for a license renewal. 24 (6) "Person" means any individual, firm, association, corporation, part- 25 nership or limited liability company. 26 (7) "Producer" means the owner, tenant or operator of land in this state 27 who has an interest in the proceeds from the sale of seed crops grown on that 28 same land. Producer does not include growers of seed crop who deposit their 29 seed crop in a seed facility in which they have a financial or management 30 interest, except members of a cooperative marketing association qualified 31 under chapter 26, title 22, Idaho Code. 32 (8) "Production summary" means records that include, but are not limited 33 to, the kind and type of seed crop, producer name and address, location and 34 number of acres, clean seed per acre, value per pound and, when applicable, 35 the contract number and lot identity. 36 (9) "Receipt" means a warehouse receipt. 37 (10) "Scale weight ticket" means a load slip, other than a receipt, given 38 to a producer by a seed buyer, for transfer of the seed crop to the seed 39 buyer. Each scale weight ticket shall be sequentially numbered, shall be 40 recorded in triplicate and shall set forth the following: 41 (a) Name and address of seed buyer; 42 (b) Date of weighing; 43 (c) Producer of seed crop weighed; 44 (d) Kind of seed crop weighed; 45 (e) Gross delivery weight; 46 (f) Tare; 47 (g) Net delivery weight; and 48 (h) Full signature of weigher or name of supervisor of scale. 49 (11) "Seed buyer" means any person having a commercial operation, its 50 agents and employees, together with its elevators, mills, buildings, or other 51 structures who owes or has any financial obligation to the producer for seed 52 crop grown by that producer and transferred to the seed buyer. 53 (12) "Seed crops" means any seed crop regulated by chapter 4, title 22, 3 1 Idaho Code. 2 (13) "Seed facility" means: 3 (a) That portion of the commercial operation of a seed buyer where seed 4 crop transferred to it from an unpaid producer is stored; or 5 (b) Where seed crop is stored for withdrawal. 6 (14) "Stored for withdrawal" means the deposit of seed crop with a seed 7 facility by the producer for the subsequent withdrawal by that producer of the 8 same seed crop or similar seed crop, as agreed to by the parties. 9 (15) "Transfer" means, unless otherwise defined by the parties in writing, 10 the event when a producer or his agent delivers seed crop to the seed buyer 11 who then gives the producer or his agent a scale weight ticket, receipt, or 12 other written evidence of transfer. 13 (16) "Written evidence of transfer" means: 14 (a) A delivery voucher; 15 (b) A receipt; or 16 (c) A scale weight ticket. 17 22-5103. LICENSES. (1) Prior to beginning operation, a person intending 18 to operate as a seed buyer shall first procure a license from the department. 19 Each license issued pursuant to this chapter, shall be issued for a period of 20 one (1) year and the license or legible copy thereof shall be prominently dis- 21 played in each place of business. 22 (2) A seed facility endorsement showing the location of each seed facil- 23 ity in Idaho shall be attached to the seed buyer's license. 24 (3) The department is authorized to issue or renew a seed buyer license 25 in accordance with this chapter, and the rules promulgated by the department 26 providing each applicant meets the following conditions: 27 (a) Pay an application fee of up to five hundred dollars ($500) pursuant 28 to criteria established by rule, with the exception of those persons hold- 29 ing a license issued pursuant to chapter 4, title 22, Idaho Code; 30 (b) Submit a completed application form provided by the department, with 31 required exhibits. The application shall include: 32 (i) The name of the applicant; 33 (ii) The names of the officers and directors if the applicant is a 34 corporation or association; 35 (iii) The names of the partners if the applicant is a partnership or 36 a limited liability company; 37 (iv) The location of the principal place of business; 38 (v) Information relating to any judgment against the applicants; 39 and 40 (vi) Any other reasonable information the department finds necessary 41 to carry out the provisions and purposes of this chapter. 42 (c) Provide a sufficient and valid bond as required by this chapter; 43 (d) Provide a current, sufficient policy of insurance covering losses as 44 required by this chapter; 45 (e) Provide the location of its seed facilities in Idaho; 46 (f) Provide a written schedule of conditioning, bagging and testing 47 charges; and 48 (g) Have on file a test report pursuant to sections 71-113 and 71-117, 49 Idaho Code, from the Idaho state department of agriculture bureau of 50 weights and measures showing approved status for any scales used for 51 weighing received seed crops and any scales used for weighing clean weight 52 of seed crops. 53 (4) All fees collected, pursuant to this chapter, for license application 54 and renewal shall be deposited in the seed indemnity fund. 4 1 (5) All materials required for renewal of a license shall be received by 2 the department prior to the expiration date of the current license. A license 3 which has expired may be reinstated by the department upon receipt of all nec- 4 essary licensing materials required by the provisions of this chapter and a 5 reinstatement fee in an amount up to one thousand dollars ($1,000) pursuant to 6 criteria established by rule, providing that this material is filed within 7 thirty (30) days from the date of expiration of the current license. 8 (6) A delivery of seed crop between producers, none of whom are seed buy- 9 ers, shall be exempt from the provisions of this chapter. 10 22-5104. BONDS -- IRREVOCABLE LETTERS OF CREDIT. Every person applying 11 for a license shall execute and file with the department a good and sufficient 12 bond issued by an insurer authorized to transact such insurance in this state. 13 The bond shall be in favor of the seed indemnity fund to secure the faithful 14 performance of the applicant's obligations under this chapter, and of such 15 additional unpaid obligations assumed under agreements with producers of seed 16 crops transferred to or deposited with the applicant. Said bond shall be in 17 such form and amount, shall have such surety or sureties, and shall contain 18 such terms and conditions as the department may prescribe to carry out the 19 purposes of this chapter. Whenever the department determines that a previously 20 approved bond is insufficient, it may require an additional bond or bonds con- 21 forming with the requirements of this chapter. Unless the additional bond is 22 given within the time fixed by a written demand therefor, the license may be 23 suspended or revoked. 24 Seed buyers with common ownership or management, operated as separate 25 entities, shall have individual bonds for each separate entity in an amount 26 conforming to the provisions of this chapter. 27 At the discretion of the director, any person required to submit a bond to 28 the department may give to the department an irrevocable letter of credit pay- 29 able to the seed indemnity fund in lieu of the bond required herein. The prin- 30 cipal amount of the letter of credit shall be the same as that required for a 31 surety bond pursuant to this chapter. The letter of credit shall remain on 32 file with the department until it is released, canceled or discharged by the 33 director or until the director is notified ninety (90) days in advance, by 34 registered or certified mail, return receipt requested, that the letter of 35 credit is renewed, canceled or amended. Failure to notify the director may 36 result in the suspension or revocation of the seed buyer license. The provi- 37 sions of this chapter that apply to a bond apply to each letter of credit 38 given in lieu of such bond. Under the provisions of this chapter, an irrevoca- 39 ble letter of credit shall not be accepted unless it is issued by a national 40 bank in Idaho or by an Idaho state-chartered bank insured by the federal 41 deposit insurance corporation. 42 22-5105. AMOUNT OF BOND -- NOTICE OF CANCELLATION. The amount of bond to 43 be furnished for each seed buyer will be fixed at a rate of six percent (6%) 44 of the total seed buyer indebtedness paid or owed to producers for seed crop 45 stored for withdrawal or transferred during the previous license year or esti- 46 mated current calendar year seed crop indebtedness owed to producers, which- 47 ever is greater. In any case, the amount of the bond shall not be less than 48 twenty-five thousand dollars ($25,000) and shall not be more than five hundred 49 thousand dollars ($500,000). This bond shall run concurrently with the seed 50 buyer's license. A ninety (90) day written notice, by registered or certified 51 mail, return receipt requested, shall be given to the director by the bonding 52 company before it may amend or cancel any bond. 5 1 22-5106. ACTION BY PERSONS INJURED. Any person injured by the breach of 2 any financial obligation for which a bond or letter of credit is written under 3 this chapter, must petition the director to make demand upon the seed buyer, 4 the letter of credit, or on the bond to enforce payment of claims. 5 22-5107. FEES. (1) The department shall assess and collect a fee of one 6 hundred dollars ($100) for each inspection of a licensee, which is done for 7 the purpose of amending a seed buyer license. 8 (2) The department may assess and collect a fee of two hundred fifty dol- 9 lars ($250) per day or fraction thereof for maintaining each employee of the 10 department at a seed buyer's location to oversee the correction of a violation 11 of the provisions of this chapter or department rules. 12 22-5108. RECEIPTS -- SCALE WEIGHT TICKETS. Warehouse receipts or scale 13 weight tickets shall be issued by the seed buyer to the producer: 14 (1) At the time of deposit for storage for withdrawal of the seed crop; 15 or 16 (2) At the time of transfer of the seed crop. 17 22-5109. MAINTENANCE OF RECORDS -- EXAMINATION OF RECORDS. The seed 18 buyer shall maintain current and complete records at all times with respect to 19 all seed crops handled, deposited, shipped or merchandised by it, including 20 seed crops owned by it. Such records shall include, but are not limited to, 21 records showing the total quantity of each kind and class of seed crop 22 received and loaded out and the amount remaining on deposit at the close of 23 each business day. 24 Records required by this section shall be legible and kept in a place of 25 safety in this state for a period of five (5) years. If a person operates at 26 more than one (1) location, records of each location's transactions must be 27 identifiable. 28 The department is authorized to examine records to confirm the proper col- 29 lection and remittance of seed indemnity fund assessments and payments. The 30 records subject to examination shall include, but are not limited to, 31 receipts, scale weight tickets, conditioning records, production summaries, 32 and payments to producers. 33 22-5110. VIOLATIONS -- PENALTIES -- DISCRETION OF DIRECTOR TO HANDLE 34 ADMINISTRATIVELY. (1) Any person who violates any provision of this chapter or 35 the rules promulgated hereunder, or who shall impede, obstruct, hinder or 36 otherwise prevent or attempt to prevent the director or his duly authorized 37 representative in the performance of his duty in connection with the provi- 38 sions of this chapter shall be guilty of a misdemeanor and be punished by 39 imprisonment in a county jail not to exceed six (6) months, or by a fine of 40 not more than one thousand dollars ($1,000), or by both. 41 (2) Any person operating as a seed buyer without a license or in any way 42 representing, by actions or words, that they are so licensed when they are 43 not, or any person who shall misrepresent, forge, alter, counterfeit or 44 falsely represent a license as required by the provisions of this chapter 45 shall be guilty of a felony and punished by imprisonment in the state prison 46 for not more than ten (10) years, or by a fine of not more than ten thousand 47 dollars ($10,000), or by both. 48 (3) Any person who shall issue, utter, or aid in the issuance or utter- 49 ance or attempt to issue or utter a false or fraudulent receipt or scale 50 weight ticket for any seed crop shall be guilty of a felony and punished by 51 imprisonment in the state prison for not more than ten (10) years, or by a 6 1 fine of not more than ten thousand dollars ($10,000), or by both. 2 (4) Any person violating any provision of this chapter, or rules promul- 3 gated under this chapter, may be assessed a civil penalty by the department 4 equal to the loss for each offense or five hundred dollars ($500) a day for 5 continuing violations. Persons against whom civil penalties are assessed shall 6 be liable for the department's reasonable attorney's fees. Civil penalties may 7 be assessed in conjunction with any other department administrative action. 8 Moneys collected for violations of this section or rules promulgated under 9 this section shall be deposited in the state treasury and credited to the seed 10 indemnity fund. 11 (5) Nothing in this chapter shall be construed as requiring the director 12 to report minor violations for prosecution when he believes that the public 13 interest will be best served by suitable warnings or other administrative 14 action. The director shall maintain a record of any administrative action 15 involving a seed buyer with that seed buyer's license file. 16 22-5111. SUSPENSION OR REVOCATION OF LICENSE. Pursuant to chapter 52, 17 title 67, Idaho Code, the department may suspend or revoke any license issued 18 under the provisions of this chapter, for any violation of, or failure to com- 19 ply with, any provision of this chapter or chapter 7, title 28, Idaho Code, 20 including, but not limited to, sections 28-7-101 through 28-7-603, Idaho Code. 21 Pending investigation, the department, whenever it deems necessary, may sus- 22 pend a license temporarily without a hearing. 23 22-5112. DUTY TO PROSECUTE. It shall be the duty of each prosecuting 24 attorney to whom a violation is reported by the department, to cause appropri- 25 ate proceedings to be instituted and prosecuted without delay in a court of 26 competent jurisdiction. 27 22-5113. NOTICE OF NONCOMPLIANCE -- REQUIREMENTS -- FAILURE TO COMPLY -- 28 REMEDIES OF DEPARTMENT. (1) Whenever a seed buyer is not meeting its obliga- 29 tions to producers, does not have the ability to pay producers, or refuses to 30 submit records and papers to lawful inspection, the department shall give 31 written notice to the seed buyer and direct the seed buyer to comply with all 32 or any of the following requirements: 33 (a) The department may require additional security or the posting of a 34 bond in an amount sufficient to satisfy any financial obligation to pro- 35 ducers. The additional security may exceed the maximum bonding require- 36 ments of this chapter. Failure to timely post the additional bond or other 37 security constitutes grounds for suspension or revocation of a license. 38 The seed buyer may request a hearing regarding the decision to increase 39 the amount of security required or the revocation or suspension of a 40 license and may appeal such decisions pursuant to chapter 52, title 67, 41 Idaho Code. 42 (b) Submit to such inspection as the department may deem necessary. 43 (2) If the seed buyer fails to comply with the terms of such notice 44 within twenty-four (24) hours from the date of issuance of the notice, or 45 within such further time as the department may allow, the department may peti- 46 tion the district court in the county where the seed buyer's principal place 47 of business is located, as shown by the license application, for an order, 48 according to section 22-106, Idaho Code. 49 (3) The department may give written notice of its action to the seed 50 buyer's surety. 51 (4) The department may require an audited or reviewed financial state- 52 ment. 7 1 (5) If at any time the department has evidence that the seed buyer is 2 insolvent or is unable to satisfy the claims of producers, the department may 3 petition the district court for the appointment of a receiver to operate or 4 liquidate the business of the seed buyer. 5 (6) All court costs, attorney's fees, other professional fees, and neces- 6 sary expenses incurred by the department in carrying out the provisions of 7 this chapter may be recovered in any civil action brought by the department. 8 22-5114. INSURANCE -- CANCELLATION PROCEDURE -- SUSPENSION OF LICENSE -- 9 SELF-INSURANCE. (1) Every seed buyer who has a seed facility where seed crops 10 are stored for withdrawal or transferred, shall maintain a "commercial prop- 11 erty policy" of insurance, or its equivalent, issued by a company qualified to 12 do business in the state in which the facility is located. The amount of 13 insurance shall be sufficient to cover the property loss of the insured and 14 such additional amounts that are: (a) greater than or equal to the total seed 15 buyer indebtedness and the value of seed crop stored for withdrawal during the 16 previous license year, or (b) estimated current calendar year seed crop 17 indebtedness to producers and the value of seed crop to be stored for with- 18 drawal. The department rules shall enumerate the perils to be covered by the 19 policy. 20 (2) The insurance company issuing the policy of insurance shall give 21 ninety (90) days' advance notice to the department by registered or certified 22 mail, return receipt requested, of cancellation of the policy. 23 (3) When the insurance policy of a seed buyer is canceled, the department 24 shall immediately suspend the license of the seed buyer, and the suspension 25 shall be in effect until satisfactory evidence exists that an effective policy 26 of insurance complying with the requirements of this chapter has been submit- 27 ted to the department. 28 (4) Seed buyers desiring to be self-insured shall apply to the department 29 for authorization to self-insure. Application shall be made on forms pre- 30 scribed by the department. 31 22-5115. LICENSE REISSUANCE FOLLOWING REVOCATION. A seed buyer license 32 shall not be issued to any person whose license has been revoked within a 33 period of three (3) years from the date of such revocation. Upon application 34 for a license following revocation, the department shall hold a hearing within 35 thirty (30) days from receipt of the application to determine if such license 36 shall be issued. A change in a person's business name shall not absolve that 37 person of a prior revocation of his seed buyer license. 38 22-5116. DEPARTMENT'S AUTHORITY. The department may, whenever it has rea- 39 son to believe the provisions of this chapter have been violated or upon veri- 40 fied complaint of any person in writing, investigate the actions of any seed 41 buyer, and if it finds cause to do so, file before the director, a complaint 42 pursuant to chapter 52, title 67, Idaho Code, against the seed buyer request- 43 ing relief as authorized by this chapter. Notwithstanding any administrative 44 processes, the director may apply to the appropriate court to enjoin the oper- 45 ations of the seed buyer. 46 22-5117. LICENSE DENIAL. Any seed buyer against whose bond a claim has 47 been ordered collected or has actually been collected shall not be licensed by 48 the department for a period of three (3) years from the date of such order or 49 collection. License denial may be waived if the person can show, to the satis- 50 faction of the director, that full settlement of all claims against the bond 51 have been made. Full settlement does not include seed indemnity fund settle- 8 1 ments. A change in a person's business name shall not absolve any unsettled 2 claim against that person's prior bond. 3 22-5118. PAYMENT WITH INSUFFICIENT FUNDS A VIOLATION. Any seed buyer that 4 violates the provisions of section 18-3106, Idaho Code, in making payment to 5 the producer for any seed crop without sufficient funds in, or credit with, 6 such bank or other depository, also violates the provisions of this chapter. 7 The word "credit" as used herein shall mean an arrangement or understanding 8 with the bank or depository for such payment. 9 22-5119. CONFIDENTIAL AND PROTECTED RECORDS. Records required by the 10 department to validate the collection and remittance of assessments, includ- 11 ing, but not limited to, production summaries, receiving records, conditioning 12 reports, records relating to the payment of seed crops and seed indemnity fund 13 reporting forms of a seed buyer, and financial records that may be required 14 pursuant to section 22-5113(4), Idaho Code, shall be held confidential and 15 will be protected as production records according to chapter 3, title 9, Idaho 16 Code. These records shall not be subject to disclosure unless specifically 17 authorized in writing by the licensee or as otherwise authorized pursuant to 18 the provisions of chapter 3, title 9, Idaho Code. 19 22-5120. SEED INDEMNITY FUND. (1) There is hereby established, within the 20 dedicated account, a fund to be known as the seed indemnity fund. The seed 21 indemnity fund shall consist of assessments remitted pursuant to the provi- 22 sions of this chapter and any interest or earnings on the fund balance. 23 (2) All assessments shall be paid to the department and shall be depos- 24 ited in the seed indemnity fund. Assessments shall be paid solely by or on 25 behalf of producers who transfer or deposit for storage a seed crop with a 26 seed buyer. The state treasurer shall be the custodian of the seed indemnity 27 fund. Disbursements shall be authorized by the director. No appropriation is 28 required for disbursements from this fund. 29 (3) The seed indemnity fund shall be used exclusively for paying valid 30 claims as authorized by this chapter and the necessary fees and expenses of 31 the department in carrying out its responsibilities under this chapter. If 32 necessary a portion of the fund may be used to defray the cost of reinsuring 33 the fund at the discretion of the director. The state of Idaho shall not be 34 liable for any claims presented against the fund. 35 22-5121. ASSESSMENTS. Every producer shall pay an assessment for deposit 36 in the seed indemnity fund according to the provisions of this chapter and 37 rules promulgated by the department. A delivery of seed crop between pro- 38 ducers, none of whom are seed buyers, is exempt from the collection and pay- 39 ment of assessments. Assessments shall be collected on the gross dollar 40 amount, without any deduction, owed to, or paid, or to be paid, on behalf of 41 the producer of the seed crop. 42 (1) The initial rate of the assessment shall be five-tenths of one per- 43 cent (.5%). Changes in the rate will be established by criteria in the rules 44 of the department. However, the producer's annual assessment shall not exceed 45 five-tenths of one percent (.5%). 46 (2) If seed crop is stored for withdrawal, the assessment shall not 47 exceed one-half cent (1/2) per pound, based on clean weight or, if not avail- 48 able, estimated clean weight, per twelve (12) month period, payable at time of 49 withdrawal. 50 22-5122. COLLECTION AND REMITTANCE OF ASSESSMENTS -- PRINCIPAL AMOUNT 9 1 HELD IN TRUST -- INTEREST EARNED -- FAILURE TO COLLECT OR REMIT ASSESSMENTS 2 CONSTITUTES A VIOLATION -- INTEREST AND PENALTIES FOR UNPAID ASSESSMENTS. (1) 3 The department shall promulgate rules to provide a procedure for the collec- 4 tion and remittance of the producer's assessments. Seed buyers who owe pro- 5 ducers for the transfer of seed crop or have stored for withdrawal seed crop 6 shall be responsible for the collection of the producer's assessments and the 7 remittance of the assessments collected to the department. 8 (2) Seed buyers shall remit to the department assessments collected 9 according to the provisions of this chapter. Payments will be made no later 10 than the twentieth day of the month following the close of the calendar quar- 11 ter on a form prescribed by the department. There are four (4) calendar quar- 12 ters in the year, beginning on the first day of the months of January, April, 13 July and October. Assessment reports shall be submitted even though assess- 14 ments for the period have not been collected. Failure to do so will result in 15 a penalty of one hundred dollars ($100). 16 (3) The principal amount of assessments paid by, or deducted from, pay- 17 ments to producers by seed buyers, is held in trust for the seed indemnity 18 fund immediately upon collection by seed buyers and is not property of the 19 seed buyer. 20 (4) Interest earned on assessments prior to remittance to the department 21 belongs to the seed buyer. 22 (5) If a seed buyer fails to collect or remit assessments as required it 23 shall be considered a violation of the provisions of this chapter and shall 24 subject the seed buyer to suspension or revocation of any license issued to 25 the seed buyer under the provisions of this chapter. 26 (6) The department shall collect, on assessments unpaid within the time 27 limits specified in this chapter, interest at the rate of ten percent (10%) 28 per annum until the assessments are remitted together with a penalty of five 29 percent (5%) each month on the unpaid assessment due until the maximum penalty 30 of twenty-five percent (25%) is reached. 31 22-5123. FUNDING AND LIMITS OF FUND. The maximum amount of the seed 32 indemnity fund shall be maintained between ten million dollars ($10,000,000) 33 and twelve million dollars ($12,000,000). 34 22-5124. ADVISORY COMMITTEE. (1) There is hereby created a seed indem- 35 nity fund advisory committee appointed by the director consisting of nine (9) 36 members representing the diversity of the industry. Appointments shall be for 37 up to three (3) year terms, each term ending on the same day of the same month 38 as did the term preceding it. Any member appointed to fill a vacancy occurring 39 prior to the expiration of the term for which the member's predecessor was 40 appointed, shall hold office for the remainder of the predecessor's term. 41 (2) The committee shall be composed of seven (7) producers engaged in 42 producing seed crops and two (2) seed buyers or seed buyer representatives. 43 (3) The terms of the appointees will be staggered and the initial 44 appointments shall be three (3) producers and one (1) seed buyer for one (1) 45 year terms, two (2) producers for two (2) year terms, and two (2) producers 46 and one (1) seed buyer for three (3) year terms. 47 (4) The committee shall meet annually at such place and time as it deter- 48 mines and may meet as often as necessary to discharge the duties imposed upon 49 it. Each committee member shall be compensated in accordance with section 50 59-509(i), Idaho Code, for travel and subsistence expense. The expenses of the 51 committee and its operation shall be paid from the seed indemnity fund. 52 (5) The committee shall have the power and duty to advise the director 53 concerning assessments, administration of the seed indemnity fund, and payment 10 1 of claims from the fund. Every two (2) years the committee will review the 2 maximum limits of the fund and give advice to the director. 3 22-5125. PROOF OF CLAIMS -- PROCEDURE -- HEARING. After the director has 4 declared a failure, the department shall process the claims of producers hav- 5 ing paid or owing assessments who: (a) produce written evidence of transfer 6 together with the amounts of their unpaid claims, and (b) have "stored for 7 withdrawal" and provide written evidence of deposit. 8 (1) The department shall give written notice to and provide a reasonable 9 time of not less than thirty (30) days and not more than sixty (60) days for 10 producers to file their written verified claims, including any written evi- 11 dence, with the department. 12 (2) The department shall investigate each claim and shall notify in writ- 13 ing each claimant, the seed buyer and the advisory committee of the 14 department's determination as to the validity and amount of each claim. A 15 claimant or seed buyer may request a hearing on the department's determination 16 within twenty (20) days of receipt of written notification of the determina- 17 tion pursuant to chapter 52, title 67, Idaho Code. Upon determining the amount 18 and validity of the claim, the director shall pay to the claimant an amount 19 equal to ninety percent (90%) of the approved claim from the seed indemnity 20 fund. Prior to any payment from the fund to a claimant, the claimant shall be 21 required to subrogate and assign to the department his right to any recovery 22 from any other source. The claimant shall be entitled to seek recovery of the 23 remaining ten percent (10%), which was not assigned to the department. The 24 procedure to determine the value of any claim will be established by rules. 25 (3) In the event of a shortage or inability to meet financial obliga- 26 tions, the department shall determine each producer's pro rata share of avail- 27 able seed crops and any deficiency shall be the claims of the producers. Each 28 type of seed crop shall be treated separately for the purpose of determining 29 shortages. 30 (4) The director shall not approve or pay any claim based on losses 31 resulting from transactions with persons unlicensed pursuant to this chapter. 32 The director shall not approve or pay any claim made on the seed indemnity 33 fund if the claim is for the payment of interest, attorney's fees, ancillary 34 costs, or punitive damages. 35 (5) If a producer's claim reveals that the assessment has not been paid 36 or collected, and the claim is otherwise valid, the amount of the assessment 37 shall be deducted from the claim payment. 38 22-5126. FAILURE TO FILE -- LOSS OF CLAIM ON FUND. No claim shall be paid 39 from the fund to a producer who refuses or neglects to file a verified claim 40 against a seed buyer: 41 (1) Within ninety (90) days from the date prescribed in the "notice of 42 failure," or within the time limits of section 22-5125(1), Idaho Code, which- 43 ever is later; or 44 (2) If the claim is filed more than two (2) years from the date of trans- 45 fer. 46 22-5127. MINIMUM BALANCE FOR CLAIMS -- TERMINATION OF LIABILITY. No 47 claims of producers shall be paid when the balance in the seed indemnity fund 48 is reduced to two hundred fifty thousand dollars ($250,000). If the director 49 cannot fully pay producers' claims without exceeding the minimum balance, he 50 shall pay claims pro rata until the seed indemnity fund contains sufficient 51 funds to pay claims in full. In no case shall the fund be liable for those 52 claims not fully paid within three (3) years of submission of the claim. 11 1 22-5128. PAYMENT FROM FUND -- DEBT OF SEED BUYER OR SURETY -- REIMBURSE- 2 MENT -- ACCRUAL OF CAUSE OF ACTION. Amounts paid from the seed indemnity fund 3 in satisfaction of any approved claims shall constitute a debt and obligation 4 of the seed buyer against whom the claim was made and its surety. The director 5 may bring suit on behalf of the seed indemnity fund and in the name of any 6 claimant paid from the fund in district court of Ada county to recover from 7 the seed buyer and its surety the amount of the payment made from the seed 8 indemnity fund, together with costs and attorney's fees incurred in maintain- 9 ing the suit. In the event the department initiates an action against a seed 10 buyer or surety, the department's claim is deemed to accrue and relate back to 11 the time that each producer who received a seed indemnity fund payment incur- 12 red a loss with the seed buyer. Any recovery for reimbursement of the fund 13 shall bear interest at the statutory rate from the date of failure. 14 22-5129. RULES. The department may, from time to time, make such rules as 15 it deems necessary for the efficient execution of the provisions of this chap- 16 ter.
REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS11756 Most seed crops produced by Idaho producers are grown under bailment contracts. The Commodity Indemnity Fund excludes some seed crops as well as all seeds raised under bailment contracts. There are production facilities that deal only in contract seeds. In order to distinguish these operations from public warehouses they are considered seed buyers. The proposed Seed Indemnity Fund Law requires licensing, bonding and insurance requirements. This process is required to bring these seed buyers into the Idaho State Department of Agriculture system so the Seed Indemnity Fund can be created and administered. The proposed Seed Indemnity Fund Law also creates the Seed Indemnity Fund. This fund will be structured and operated similar to the existing Commodity Indemnity Fund to provide financial protection for Idaho growers in the event of a business failure of a seed production facility. The Seed Indemnity Fund expands the seed crops not currently covered in the Commodity Dealer Law and includes seed crops raised under bailment contract. FISCAL NOTE The department of agriculture will not have a fiscal impact as a result of enacting the Seed Indemnity Fund Law. The administration of the Seed Indemnity Law will require one examiner position, a part time clerical position and miscellaneous expenses at a cost of approximately $120,000.00 per year. The Seed Indemnity Fund is self-supporting, all assessments, fees and recoveries are deposited into the Seed Indemnity Fund. The Seed Indemnity Fund Law enables the department of agriculture to recover all necessary fees and expenses from the fund in carrying out its responsibilities in administering the Seed Indemnity Fund. The fiscal impact on the seed industry is in obtaining a bond equal to 6% of the total annual seed buyer indebtedness, paid or owed to seed producers. The maximum bond amount is $500,000. There is no annual license fee required in this act if a seed buyer is licensed pursuant to title 22 chapter 4 "Pure Seed Act". License fees for seed buyers not licensed under title 22 chapter 4 "Pure Seed Act" are up to $500.00 per year. There is an unknown clerical fiscal impact for the seed industry for collecting and remitting the assessment to the department. Interest earned on assessments prior to remittance to the department belongs to the seed buyer and helps to offset the seed buyer's clerical cost. The majority of seed producers in Idaho are not covered by the "Commodity Indemnity Fund." The proposed "Seed Indemnity Fund" provides protection to these growers for 90% of their losses in the event of a business failure licensed under this act. CONTACT: Name: Representative Jones Phone:(208)332-1137 Name: Department of Agriculture Phone: (208)332-8500 STATEMENT OF PURPOSE/FISCAL NOTE H 522