2002 Legislation
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HOUSE BILL NO. 561 – Farm produce dealer, violatns/pnlty


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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:
 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.
  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 / Fiscal Impact

                        STATEMENT OF PURPOSE

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.
NAME: Representative Jones
PHONE: 332-1137 
NAME:  Lee Stacey, Bureau Chief
PHONE:    (208) 332-8670