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H0434...............................................by AGRICULTURAL AFFAIRS FARM PRODUCE - BONDING - Amends existing law to increase the bonding requirement for persons licensed as a broker, dealer, or commission merchant dealing in farm produce. 01/25 House intro - 1st rdg - to printing 01/26 Rpt prt - to Agric Aff 02/15 Rpt out - rec d/p - to 2nd rdg 02/16 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 57-12-1 AYES -- Barraclough, Bell, Bieter, Black, Boe, Bruneel, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, Montgomery, Mortensen, Moss, Moyle, Pomeroy, Reynolds, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann NAYS -- Alltus, Barrett, Callister, Denney, Jaquet, McKague, Meyer, Pearce, Pischner, Ridinger, Ringo, Stoicheff Absent and excused -- Mr Speaker Floor Sponsor - Kendell Title apvd - to Senate 02/22 Senate intro - 1st rdg - to Agric Aff 02/28 Rpt out - rec d/p - to 2nd rdg 02/29 2nd rdg - to 3rd rdg 03/27 3rd rdg - PASSED - 35-0-0 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--None Floor Sponsor - Burtenshaw Title apvd - to House 03/28 To enrol 03/29 Rpt enrol - Sp signed 03/30 Pres signed 03/31 To Governor 04/03 Governor signed Session Law Chapter 143 Effective: 07/01/00
H0434|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 434 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO DEALERS IN FARM PRODUCE; AMENDING SECTION 22-1304, IDAHO CODE, TO 3 INCREASE THE BONDING REQUIREMENT FOR PERSONS LICENSED AS A BROKER, DEALER 4 OR COMMISSION MERCHANT DEALING IN FARM PRODUCE; AND PROVIDING AN EFFECTIVE 5 DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 22-1304, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 22-1304. BOND -- CERTIFICATE OF DEPOSIT IN LIEU OF BOND. All applications 10 for licenses to act as broker, dealer or commission merchant dealing in farm 11 produce as each of said terms are defined in section 22-1301, Idaho Code, 12 shall be accompanied by a good and sufficient bond in the penal sum of not 13 less thantenfifty thousand dollars ($150,000), and upon a form to be 14 approved by the attorney general of the state of Idaho, and executed by the 15 applicant as principal and by a surety company authorized to do business in 16 the state of Idaho as surety. Said bond shall be for the benefit of any and 17 all consignors or sellers having any cause of action against the broker, 18 dealer and/or commission merchant giving such bond, and arising out of a 19 breach of contract either express or implied of such broker, dealer or commis- 20 sion merchant with a consignor or seller or with consignors as broker, dealer 21 or commission merchant and consignor or consignors or for any fraud practiced 22 by such broker, dealer or commission merchant for the violation of the rights 23 of any person whether a consignor, seller, or otherwise. The bond herein 24 required to be given shall be conditioned upon the applicant conducting and 25 transacting his business honestly and without fraud of any kind or nature and 26 will comply with the provisions of this act and of the laws of the state of 27 Idaho. Any person injured by dishonesty, fraud and violation of the provisions 28 of this act or for violation of his contract as such commission merchant, 29 dealer or broker to any person and while engaged in such business shall have a 30 right of action on said bond for his damages not exceeding the amount of said 31 bond. 32 Any person required to submit a bond to the department in accordance with 33 this chapter, may at his option give to the department a certificate of 34 deposit payable to the director as trustee in lieu of the bond required 35 herein. The principal amount of the certificate shall be the same as that 36 required for a surety bond pursuant to this chapter. Accrued interest upon the 37 certificate of deposit shall be payable to the purchaser of the certificate. 38 The certificate shall remain on file with the department until it is released, 39 cancelled or discharged by the director. The provisions of this chapter that 40 apply to a bond required pursuant to this chapter apply to each certificate of 41 deposit given in lieu of such bond. 42 SECTION 2. This act shall be in full force and effect on and after July 2 1 1, 2000.
STATEMENT OF PURPOSE RS09365 Amend Title 22 Chapter 13, Idaho Code, to increase the bonding requirements for all those licensed as Dealers, Brokers, and Commission Merchants under the Dealers in Farm Produce Act. Current bonding requirements are too low to provide a viable protection program for producers. Increasing the bond amount will help address this problem. FISCAL NOT EAs a general rule, bonding fees are approximately 1% to 2% of the bond amount. Current bonding requirements are $10,000 per licensee or $100 for a $10,000 bond. The proposed amendment would increase the bond amount to $50,000. CONTACT Name: Lane Jolliffe Agency: Department of Agriculture Phone: 332-8660 Statement of Purpose/Fiscal Impact H 434