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H0561...............................................by AGRICULTURAL AFFAIRS
FARM PRODUCE DEALERS - Amends existing law relating to dealers in farm
produce to clarify that certain violations are criminal violations; and to
provide for civil violations.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Agric Aff
02/19 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 39-30-1
AYES -- Barraclough, Bell, Bieter, Block, Boe, Bolz, Cuddy, Deal,
Denney, Field(20), Henbest, Higgins, Jaquet, Jones, Kellogg(Duncan),
Kendell, Kunz, Lake, Langford, Martinez, Meyer, Montgomery,
Mortensen, Moyle, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sellman, Shepherd, Smith(33), Smith(23), Stevenson, Stone, Trail,
Wheeler, Young, Mr. Speaker
NAYS -- Aikele, Barrett, Bedke, Black, Bradford, Bruneel, Callister,
Campbell, Clark, Collins, Crow, Ellis, Ellsworth, Eskridge, Gagner,
Gould, Hadley, Hammond, Harwood, Hornbeck, Loertscher, Mader,
McKague, Pearce, Pischner, Sali, Schaefer, Smylie, Tilman, Wood
Absent and excused -- Field(13)
Floor Sponsor - Jones
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Agric Aff
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 32-3-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Goedde,
Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Williams
NAYS -- Davis, Geddes, Hawkins
Absent and excused -- None
Floor Sponsor - Burtenshaw
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
Pres signed
03/14 To Governor
03/20 Governor signed
Session Law Chapter 114
Effective: 03/20/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 561
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DEALERS IN FARM PRODUCE; AMENDING SECTION 22-1315, IDAHO CODE, TO
3 CLARIFY THAT CERTAIN VIOLATIONS ARE CRIMINAL VIOLATIONS AND TO PROVIDE FOR
4 CIVIL VIOLATIONS AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMER-
5 GENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 22-1315, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 22-1315. OFFENSES VIOLATIONS AND PENALTIES -- CRIMINAL -- CIVIL -- VENUE
10 OF ACTIONS AND PROSECUTIONS. (1) Except as otherwise provided in this act
11 chapter any person is guilty of a misdemeanor and is punishable by a fine of
12 not more than one thousand dollars ($1,000), or by imprisonment in the county
13 jail for not more than one (1) year or by both who assumes or attempts to act
14 as a commission merchant, dealer, broker or agent without a license, or who,
15 being a commission merchant, dealer, broker or agent, violates any of the pro-
16 visions of this act chapter, or who being a commission merchant:
17 (a) Imposes false charges for handling or services in connection with
18 farm products.
19 (b) Fails to account promptly, correctly, fully and properly and to make
20 settlement therefor as herein provided.
21 (c) Intentionally makes false or misleading statement or statements as to
22 market conditions.
23 (d) Makes fictitious sales or is guilty of collusion to defraud the pro-
24 ducer.
25 (e) Directly or indirectly purchases for his own account, goods received
26 by him upon consignment without prior authority from the consignor, or
27 fails promptly to notify the consignor of such purchases, if any, on his
28 own account. This clause does not prevent any commission merchant from
29 taking to account of sales, in order to close the day's business, miscel-
30 laneous lots or parcels of farm products remaining unsold, if such commis-
31 sion merchant forthwith enters such transaction on his account of sales.
32 (f) Intentionally makes false statement or statements as to grade, condi-
33 tion, markings, quality or quantity of goods shipped or packed in any man-
34 ner.
35 (g) Fails to comply in every respect herewith.
36 (2) Failure to comply with the provisions of this chapter, or rules pro-
37 mulgated hereunder, by any person shall constitute a violation. A person in
38 violation of the provisions of this chapter, or rules promulgated hereunder,
39 may be assessed a civil penalty by the director, or a duly authorized agent,
40 not to exceed ten thousand dollars ($10,000) for each offense and be liable
41 for reasonable attorney's fees and costs.
42 (a) Assessment of a civil penalty as provided herein may be made in con-
43 junction with any other department administrative action.
2
1 (b) No civil penalty may be imposed unless the person charged was given
2 notice and opportunity for a hearing pursuant to the Idaho administrative
3 procedure act, chapter 52, title 67, Idaho Code.
4 (c) If the department is unable to collect the civil penalty, or if any
5 person fails to pay all or a set portion of a civil penalty as determined
6 by the department, the department may recover such amount by action in the
7 appropriate district court.
8 (d) Any person against whom the department has assessed a civil penalty
9 under this section may, within thirty (30) days of the final action making
10 assessment, appeal the assessment to the district court of the county in
11 which the violation is alleged by the department to have occurred. Moneys
12 collected for violations shall be deposited in the state treasury and
13 credited to the general fund.
14 (3) Civil suits and criminal prosecutions arising by virtue of any of the
15 provisions of this chapter may be commenced and tried in either the county
16 where the products were received by the commission merchant, or within the
17 county in which the principal place of business of such commission merchant is
18 located, or within the county in which the violation of this chapter occurred.
19 SECTION 2. An emergency existing therefor, which emergency is hereby
20 declared to exist, this act shall be in full force and effect on and after its
21 passage and approval.
STATEMENT OF PURPOSE
RS11855C1
Amend Chapter 13, Title 22, Idaho Code The "Dealers in Farm
Produce Act" to add a new section for civil penalties for
violation of any provisions of Chapter 13, or any rules
promulgated under this chapter. Currently, there are no civil
penalty provisions in this law. The proposed amendment will
address civil penalties.
FISCAL NOTE
There will be no new fiscal impact to the Idaho State
Department of Agriculture. The existing budgeted program under
the existing code will continue unchanged under the new law.
The fiscal impact to the industry is unknown.
Contact
NAME: Representative Jones
PHONE: 332-1137
NAME: Lee Stacey, Bureau Chief
PHONE: (208) 332-8670
STATEMENT OF PURPOSE/FISCAL NOTE H 561