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SENATE BILL NO. 1451

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Daily Data Tracking History

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S1451...............................................by AGRICULTURAL AFFAIRS
BONDED WAREHOUSES - Adds to existing law to provide that every bonded
warehouse, as a condition of licensure, shall prominently display on any
building or on any and all stationery, warehouse receipts, and on any and
all advertising for the warehouse, the actual owner of the warehouse and to
provide penalties.

02/13    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Agric Aff
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Twiggs
    Floor Sponsor - Noh
    Title apvd - to House
03/05    House intro - 1st rdg - to Agric Aff

Bill Text

S1451


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1451

                            BY AGRICULTURAL AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO ADDITIONAL CONDITIONS OF LICENSURE FOR BONDED WAREHOUSES; AMENDING
 3        CHAPTER 2, TITLE 69, IDAHO CODE, BY THE ADDITION OF A NEW SECTION  69-216,
 4        IDAHO  CODE,  TO  PROVIDE  THAT  EVERY  BONDED WAREHOUSE AS A CONDITION OF
 5        LICENSURE SHALL PROMINENTLY DISPLAY ON ANY BUILDING AND  ON  ANY  AND  ALL
 6        STATIONERY,  WAREHOUSE  RECEIPTS  AND  ON  ANY AND ALL ADVERTISING FOR THE
 7        WAREHOUSE THE NAME OF THE ACTUAL OWNER OF THE  WAREHOUSE  AND  TO  PROVIDE
 8        PENALTIES.

 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
12    known and designated as Section 69-216, Idaho Code, and to read as follows:

13        69-216.  WAREHOUSES  -- ADDITIONAL CONDITIONS OF LICENSURE FOR DOING BUSI-
14    NESS. Every warehouse either licensed pursuant to this chapter or doing  busi-
15    ness  in this state, shall prominently display on any building and on  any and
16    all stationery, warehouse receipts and on any  and  all  advertising  for  the
17    warehouse,  the name of the actual owner of the warehouse. If the warehouse is
18    owned by a corporation  or other recognized legal entity which is a subsidiary
19    of another corporation or other recognized legal entity, the name of the  par-
20    ent  company  shall appear on any building, stationery, warehouse receipts and
21    on any and all advertising for the warehouse. The department is authorized  to
22    promulgate  rules  in  compliance  with  chapter  52, title 67, Idaho Code, to
23    implement the provisions of this section.  Failure of a  warehouse  to  comply
24    with the provisions of this section or with rules of the department implement-
25    ing  the  provisions  of this section shall be cause for license suspension or
26    revocation by the department pursuant to the department's rules  of  practices
27    and  procedures  if  the warehouse is licensed by the department. Failure of a
28    warehouse, which is not licensed by the department, to comply with the  provi-
29    sions  of this section or with rules of the department implementing the provi-
30    sions of this section shall subject the owner to a civil penalty not in excess
31    of ten thousand dollars ($10,000) per day for the violation. The civil penalty
32    shall be remitted to the general fund. The attorney  general  shall  prosecute
33    this section.

Statement of Purpose / Fiscal Impact

    





                             STATEMENT OF PURPOSE
    
                                  RS07866C1
    
         In recent years many warehouses, especially in the dry bean
    
    industry, have been acquired by a single international corporation, leading
    
    to extreme market concentration in that industry. However, these
    
    warehouses continue to be advertised to the public as if they were still
    
    independent entities, making it difficult for food producers and others to
    
    properly evaluate the extent of market concentration.
    
    This proposal would require that warehouses licensed by the Idaho
    
    Department of Agriculture or the U.S. Department of Agriculture do
    
    business under the name of the parent corporation.
    
    FISCAL IMPACT
    
    It is expected that the Department of Agriculture and the Attorney
    
    General could enforce this provision within their existing budgets.
    
    CONTACT: Senator Laird Noh
               332- 1 333
    
    S1451