2002 Legislation
Print Friendly

HOUSE BILL NO. 645 – Bonded warehouse law, revision

HOUSE BILL NO. 645

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0645...............................................by AGRICULTURAL AFFAIRS
BONDED WAREHOUSES - Amends, repeals and adds to existing law relating to
bonded warehouses to authorize annual inspections; to revise license
provisions and fees; to revise provisions relating to bonds; to provide for
examination of seed crops and records; to clarify and revise provisions
relating to departmental action in the event of noncompliance or failure of
a warehouse; to revise criteria relating to credit sale contracts; to
clarify records disclosure provisions; to revise provisions regarding
assessments; and to clarify the use of funds in the Commodity Indemnity
Fund.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    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 - 67-0-3
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Deal, Denney, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake,
      Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery,
      Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
      Robison, Sali, Schaefer, Shepherd, Smith(33), Smith(23), Smylie,
      Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Ellis, Mortensen, 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 - 30-2-3
      AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw,
      Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hill, Ingram,
      Ipsen, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch,
      Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler,
      Williams
      NAYS -- Hawkins, Keough
      Absent and excused -- Branch(Bartlett), Cameron, Dunklin
    Floor Sponsor - Noh
    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 259
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 645
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE BONDED WAREHOUSE LAW; AMENDING SECTION 69-202, IDAHO CODE,  TO
  3        REVISE  DEFINITIONS  AND  TO PROVIDE DEFINITIONS; AMENDING SECTION 69-204,
  4        IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORREC-
  5        TION; AMENDING SECTION 69-205, IDAHO CODE, TO STRIKE UNNECESSARY LANGUAGE,
  6        TO PROVIDE CORRECT TERMINOLOGY, TO AUTHORIZE  ANNUAL  INSPECTIONS  AND  TO
  7        MAKE  A  TECHNICAL  CORRECTION;  AMENDING  SECTION  69-206, IDAHO CODE, TO
  8        STRIKE UNNECESSARY LANGUAGE, TO STRIKE REFERENCE TO REGULATIONS, TO REVISE
  9        CONDITIONS FOR ISSUANCE OR RENEWAL OF  WAREHOUSEMAN  LICENSES,  TO  STRIKE
 10        REFERENCE  TO  PENALTY  FEES, TO PROVIDE FOR REINSTATEMENT FEES, TO STRIKE
 11        REFERENCE TO A PENALTY PERIOD, TO PROVIDE FOR A REINSTATEMENT  PERIOD  AND
 12        TO  PROVIDE THAT CERTAIN APPLICATIONS FOR LICENSE MUST PAY A REINSTATEMENT
 13        FEE AND BE ASSESSED AN ORIGINAL  LICENSE  FEE;  AMENDING  SECTION  69-207,
 14        IDAHO  CODE,  TO STRIKE REFERENCE TO REGULATIONS AND TO STRIKE UNNECESSARY
 15        LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 69-208, IDAHO
 16        CODE, TO STRIKE REFERENCE TO ANNUITIES IN LIEU OF BOND, TO  REVISE  PROVI-
 17        SIONS  RELATING  TO  BONDS OF APPLICANTS FOR LICENSURE, TO PROVIDE CORRECT
 18        TERMINOLOGY, TO REQUIRE THE DEPARTMENT TO PROCURE AN ADDITIONAL BOND  FROM
 19        A  WAREHOUSEMAN  IN THE EVENT AN APPROVED BOND IS INSUFFICIENT, TO REQUIRE
 20        SUSPENSION OR REVOCATION OF THE WAREHOUSEMAN LICENSE IF AN ADDITIONAL BOND
 21        IS NOT GIVEN AND TO REVISE PROVISIONS RELATING TO CERTIFICATES OF  DEPOSIT
 22        AND  IRREVOCABLE  LETTERS  OF  CREDIT  IN  LIEU  OF BOND; AMENDING SECTION
 23        69-208A, IDAHO CODE, TO PROVIDE FOR BOND RATES WHERE A VARIETY OF COMMODI-
 24        TIES ARE STORED, TO PROVIDE FOR SEPARATE ADDITIONAL BOND AND TO MAKE TECH-
 25        NICAL CORRECTIONS; AMENDING SECTION 69-209, IDAHO CODE, TO PROVIDE CORRECT
 26        TERMINOLOGY, TO REVISE PROVISIONS RELATED TO ACTIONS  ON  A  BOND  IN  THE
 27        EVENT  OF  A  BREACH  OF  AN  OBLIGATION  AND  TO  PROVIDE FOR RECOVERY OF
 28        ATTORNEY'S FEES BY THE DIRECTOR; AMENDING SECTION 69-210, IDAHO  CODE,  TO
 29        STRIKE  UNNECESSARY  LANGUAGE;  AMENDING  SECTION  69-211,  IDAHO CODE, TO
 30        REVISE PROVISIONS RELATING TO FEES OF THE DEPARTMENT, TO PROVIDE THAT FEES
 31        SHALL BE DEPOSITED TO THE COMMODITY INDEMNITY FUND AND TO  MAKE  TECHNICAL
 32        CORRECTIONS;  AMENDING SECTION 69-212, IDAHO CODE, TO PROVIDE THAT CERTAIN
 33        CHARGES AND DISCOUNTS WILL BE POSTED BY WAREHOUSEMEN AND TO STRIKE  UNNEC-
 34        ESSARY  LANGUAGE;  AMENDING SECTION 69-213, IDAHO CODE, TO PROVIDE CORRECT
 35        TERMINOLOGY; AMENDING SECTION 69-214, IDAHO CODE, TO PROVIDE CORRECT  TER-
 36        MINOLOGY, TO STRIKE UNNECESSARY LANGUAGE AND TO PROVIDE FOR THE EMPLOYMENT
 37        OF  INVESTIGATORS  BY THE DEPARTMENT; AMENDING SECTION 69-219, IDAHO CODE,
 38        TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE FOR DELIVERY OF COMMODITIES  TO
 39        A WAREHOUSE FOR STORAGE OR UNDER TERMS OF A CONTRACT AND TO MAKE A TECHNI-
 40        CAL  CORRECTION;  AMENDING  SECTION 69-220, IDAHO CODE, TO PROVIDE CORRECT
 41        TERMINOLOGY, TO STRIKE UNNECESSARY LANGUAGE AND TO MAKE A  TECHNICAL  COR-
 42        RECTION; AMENDING SECTION 69-222, IDAHO CODE, TO PROVIDE CORRECT TERMINOL-
 43        OGY;  AMENDING  SECTION 69-223, IDAHO CODE, TO STRIKE REFERENCE TO REGULA-
 44        TIONS AND TO STRIKE UNNECESSARY LANGUAGE; AMENDING SECTION  69-224,  IDAHO
 45        CODE,  TO  STRIKE UNNECESSARY LANGUAGE AND TO MAKE A TECHNICAL CORRECTION;
 46        AMENDING SECTION 69-226, IDAHO CODE, TO STRIKE  REFERENCE  TO  REGULATIONS
                                                                        
                                           2
                                                                        
  1        AND TO CLARIFY THAT REFERENCED RULES ARE THOSE PROMULGATED PURSUANT TO THE
  2        PROVISIONS OF THE CHAPTER; AMENDING SECTION 69-227, IDAHO CODE, TO PROVIDE
  3        FOR  EXAMINATION OF SEED CROPS AND RECORDS PERTAINING TO SEED CROPS AND TO
  4        CLARIFY THAT REFERENCED RULES ARE THOSE PROMULGATED PURSUANT TO THE PROVI-
  5        SIONS OF THE CHAPTER; AMENDING  SECTION  69-228,  IDAHO  CODE,  TO  STRIKE
  6        UNNECESSARY  LANGUAGE,  TO  STRIKE REFERENCE TO REGULATIONS AND TO CLARIFY
  7        THAT REFERENCED RULES ARE THOSE PROMULGATED PURSUANT TO THE PROVISIONS  OF
  8        THE  CHAPTER;  AMENDING  SECTION 69-229, IDAHO CODE, TO STRIKE UNNECESSARY
  9        LANGUAGE; AMENDING SECTION 69-230, IDAHO CODE, TO STRIKE UNNECESSARY  LAN-
 10        GUAGE; AMENDING SECTION 69-231, IDAHO CODE, TO STRIKE REFERENCE TO REGULA-
 11        TIONS,  TO STRIKE UNNECESSARY LANGUAGE AND TO MAKE A TECHNICAL CORRECTION;
 12        AMENDING SECTION 69-233, IDAHO CODE, TO STRIKE  REFERENCE  TO  REGULATIONS
 13        AND  TO  MAKE A TECHNICAL CORRECTION; AMENDING SECTION 69-236, IDAHO CODE,
 14        TO CLARIFY THE BASIS FOR DEPARTMENTAL ACTION IN THE EVENT OF NONCOMPLIANCE
 15        OR FAILURE OF A WAREHOUSE, TO REVISE PROCEDURES OF THE DEPARTMENT  IN  THE
 16        EVENT  OF  NONCOMPLIANCE  OR  FAILURE OF A WAREHOUSE, TO REVISE PROCEDURES
 17        FOLLOWING THE DEPARTMENT TAKING POSSESSION OF A WAREHOUSE, TO STRIKE  REF-
 18        ERENCE  TO  A  SEPARATE CIVIL ACTION AND TO PROVIDE FOR RECOVERY OF DESIG-
 19        NATED FEES AND COSTS IN ANY CIVIL ACTION; AMENDING SECTION  69-238,  IDAHO
 20        CODE,  TO  INCREASE  THE  AMOUNT  OF  LIQUIDATED DAMAGES; AMENDING SECTION
 21        69-239, IDAHO CODE, TO CLARIFY  PROVISIONS  RELATING  TO  CERTAIN  RECORDS
 22        REQUIRED  TO  BE  MAINTAINED  BY  A WAREHOUSEMAN; AMENDING SECTION 69-241,
 23        IDAHO CODE, TO INCREASE THE PERIOD OF ADVANCE NOTICE  INSURANCE  COMPANIES
 24        ARE  REQUIRED  TO  PROVIDE  TO THE DEPARTMENT UPON CANCELLATION OF CERTAIN
 25        POLICIES; AMENDING SECTION 69-242, IDAHO CODE, TO STRIKE REFERENCE TO REG-
 26        ULATIONS; AMENDING SECTION  69-243,  IDAHO  CODE,  TO  CLARIFY  PROVISIONS
 27        RELATING TO DUTIES OF PROSECUTION; AMENDING SECTION 69-245, IDAHO CODE, TO
 28        STRIKE  REFERENCE TO TELEGRAMS, TO PROVIDE FOR CERTAIN NOTICE BY FACSIMILE
 29        AND TO PROVIDE REFERENCE TO REINSTATEMENT OF A WAREHOUSE LICENSE; AMENDING
 30        SECTION 69-247, IDAHO CODE, TO EXTEND LICENSE DENIAL PROVISIONS TO  CLAIMS
 31        AGAINST THE COMMODITY INDEMNITY FUND AND TO PROVIDE REFERENCE TO A LICENSE
 32        REINSTATEMENT;  AMENDING SECTION 69-248, IDAHO CODE, TO CLARIFY THAT DRAW-
 33        ING CHECKS, DRAFTS OR ORDERS WITH INSUFFICIENT FUNDS FOR PAYMENT  IN  COM-
 34        PLIANCE WITH A CONTRACT OR TO THE DEPARTMENT FOR FEES, ASSESSMENTS OR PEN-
 35        ALTIES, SHALL CONSTITUTE A VIOLATION; AMENDING SECTION 69-249, IDAHO CODE,
 36        TO REVISE CRITERIA RELATED TO CREDIT-SALE CONTRACTS AND TO PROVIDE FOR THE
 37        VALUE  DETERMINATION  OF  CERTAIN  CONTRACTS FOLLOWING A DECLARED FAILURE;
 38        AMENDING SECTION 69-250, IDAHO CODE, TO CLARIFY RECORD  DISCLOSURE  PROVI-
 39        SIONS;  AMENDING SECTION 69-256, IDAHO CODE, TO REVISE PROVISIONS RELATING
 40        TO ASSESSMENTS AND TO REVISE PROVISIONS RELATING TO USE OF  FUNDS  IN  THE
 41        COMMODITY  INDEMNITY FUND AND ACCRUING INTEREST ON THE FUND; AMENDING SEC-
 42        TION 69-257, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY,  TO  CLARIFY  THE
 43        RATE OF ASSESSMENT AND TO MAKE A TECHNICAL CORRECTION AND TO DELETE A REF-
 44        ERENCE TO REGULATION; REPEALING SECTION 69-258, IDAHO CODE; AMENDING CHAP-
 45        TER  2,  TITLE  69,  IDAHO  CODE, BY THE ADDITION OF A NEW SECTION 69-258,
 46        IDAHO CODE, TO PROVIDE FOR THE COLLECTION AND REMITTANCE  OF  ASSESSMENTS,
 47        TO  PROVIDE  THAT WAREHOUSEMEN AND DEALERS HOLD ASSESSMENTS COLLECTED FROM
 48        PRODUCERS IN TRUST FOR THE  COMMODITY  INDEMNITY  FUND,  TO  PROVIDE  THAT
 49        INTEREST EARNED ON COLLECTED ASSESSMENTS PRIOR TO REMITTANCE BELONG TO THE
 50        WAREHOUSEMAN  OR  DEALER  AND  TO PROVIDE FOR FAILURES TO COLLECT OR REMIT
 51        ASSESSMENTS; AMENDING SECTION 69-259, IDAHO  CODE,  TO  REVISE  PROVISIONS
 52        RELATING TO THE FUNDING AND LIMITS OF THE COMMODITY INDEMNITY FUND; AMEND-
 53        ING  SECTION 69-261, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO REVISE
 54        TERMS OF APPOINTMENT, TO REQUIRE THE ADVISORY COMMITTEE TO MEET  AT  LEAST
 55        TWICE  A  YEAR, TO REQUIRE THAT THE COMMITTEE REVIEW THE MAXIMUM LIMITS OF
                                                                        
                                           3
                                                                        
  1        THE FUND EVERY TWO YEARS AND ADVISE THE DIRECTOR AND TO CHANGE A CODE REF-
  2        ERENCE TO INCREASE COMPENSATION FOR THE ADVISORY COMMITTEE MEMBERS; AMEND-
  3        ING SECTION 69-262, IDAHO CODE, TO PROVIDE FOR THE PROCESSING OF CLAIMS OF
  4        PRODUCERS WHO OWE ASSESSMENTS FOLLOWING A FAILURE, TO CLARIFY  THE  NATURE
  5        OF  CLAIMS  TO BE PROCESSED BY THE DEPARTMENT, TO STRIKE REFERENCE TO CER-
  6        TAIN EXCLUDED CLAIMS, TO REQUIRE A CLAIMANT TO  SUBROGATE  CERTAIN  RIGHTS
  7        PRIOR  TO  PAYMENT  FROM THE FUND, TO PROVIDE FOR THE DETERMINATION OF THE
  8        VALUE OF A PRODUCER'S COMMODITY FOR PURPOSES OF DETERMINING THE AMOUNT  OF
  9        A  PRODUCER'S CLAIM, TO PROVIDE THAT THE FUND SHALL NOT BE LIABLE FOR CER-
 10        TAIN CLAIMS AND TO PROVIDE A  CORRECT  CODE  REFERENCE;  AMENDING  SECTION
 11        69-263,  IDAHO CODE, TO EXTEND THE TIME IN WHICH A PRODUCER, AFTER NOTIFI-
 12        CATION, MAY FILE A CLAIM AND TO PROVIDE THAT NO PAYMENT FROM THE FUND WILL
 13        BE MADE FOR CERTAIN CLAIMS; AMENDING SECTION 69-264, IDAHO CODE, TO  CLAR-
 14        IFY  THE  TYPES  OF  CLAIMS FOR WHICH THE COMMODITY INDEMNITY FUND WILL BE
 15        USED AND TO INCREASE THE MINIMUM BALANCE OF  THE  FUND;  AMENDING  SECTION
 16        69-266,  IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE FOR STATU-
 17        TORY INTEREST FOR ANY RECOVERY FOR REIMBURSEMENT TO THE FUND AND TO MAKE A
 18        TECHNICAL CORRECTION; AND AMENDING SECTION 69-267, IDAHO CODE, TO  PROVIDE
 19        CORRECT TERMINOLOGY.
                                                                        
 20    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 21        SECTION  1.  That  Section  69-202, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        69-202.  DEFINITIONS. As used in this chapter:
 24        (1)  "Agricultural commodity" or "commodity" means  any  grain,  dry  peas
 25    wheat, barley, oats, corn, rye, oilseeds, dry edible beans, peas, lentils and 
 26    other  leguminous  or  other  small seeds and feeds (not including minerals or
 27    seed crops) or any other commodity as determined by the director.
 28        (2)  "Commodity dealer" or "dealer" means any person  who  solicits,  con-
 29    tracts  for,  negotiates the consignment or purchase, or obtains from an Idaho
 30    producer or producers, title, possession or control of any  agricultural  com-
 31    modity  through his place of business located in the state of Idaho or through
 32    his place of business located outside the state of Idaho for the  purposes  of
 33    sale or resale or who buys, during a calendar year, at least ten thousand dol-
 34    lars  ($10,000)  worth  of  agricultural commodities from an Idaho producer or
 35    producers of the commodities. Commodity dealer or dealer shall  not  mean  any
 36    person  who purchases agricultural commodities for his own use as seed or feed
 37    within his own operation.
 38        (3)  "Contract" means a written agreement between two (2) or more  parties
 39    for the sale of an agricultural commodity stipulating the terms and conditions
 40    of  performance of the parties and includes, but is not limited to, those con-
 41    tracts commonly referred  to  as  credit  sales,  deferred  payment,  deferred
 42    delayed, production, bailment or price later contracts.
 43        (4)  "Deliver"  or  "delivery" means the physical transfer of agricultural
 44    commodity from one (1) party to another.
 45        (5)  "Department" means the Idaho state department of agriculture.
 46        (56)  "Depositor" means any person who deposits an agricultural  commodity
 47    in an Idaho state licensed warehouse for storage, handling, processing, recon-
 48    ditioning  or  shipment,  or  who is the owner or legal holder of a negotiable
 49    warehouse receipt, outstanding scale weight  ticket,  nonnegotiable  warehouse
 50    receipt  or  other  evidence of such deposit, or any person whose agricultural
 51    commodity has been sold to or is under control of a warehouseman for  selling,
 52    processing,  reconditioning  or handling whether or not such agricultural com-
                                                                        
                                           4
                                                                        
  1    modity is within the warehouse.
  2        (67)  "Director" means the director of the Idaho state department of agri-
  3    culture.
  4        (78)  "Failure" means the date that one  (1)  or  more  of  the  following
  5    events occurred, as determined by the director:
  6        (a)  An inability to financially satisfy claimants in accordance with this
  7        chapter and the time limits provided for in it;
  8        (b)  A public declaration of insolvency;
  9        (c)  A  revocation  of license and the leaving of an outstanding indebted-
 10        ness to a depositor or producer;
 11        (d)  A failure to redeliver  any  commodity  to  a  depositor  or  to  pay
 12        depositors  or producers for commodities purchased by a licensee or to pay
 13        a producer for commodity delivered under the provisions of the contract in
 14        the ordinary course of business;
 15        (e)  A failure to make application for license renewal within  sixty  (60)
 16        days after the annual license renewal date; or
 17        (f)  A denial of the application for a license renewal.
 18        (89)  "Historical depositor" means any person who, in the normal course of
 19    business  operation  has  consistently  made deposits in the same warehouse of
 20    commodities produced on the same land. In addition, anyone purchasing or leas-
 21    ing that particular land directly from the  original  depositor  or  receiving
 22    that  particular  land  by  devise, descent, bequest or gift directly from the
 23    historical depositor shall also be considered  an  historical  depositor  with
 24    regard to the commodities produced on that land.
 25        (910)  "Person"  means  any individual, firm, association, corporation, or
 26    partnership or limited liability company.
 27        (101) "Producer" means the owner, tenant or operator of land in this state
 28    who has an interest in the contract proceeds from  the  sale  of  agricultural
 29    commodities  produced  on  that  land.  Producer  does not include growers who
 30    deposit their commodity in a facility in which they have a financial  or  man-
 31    agement interest, except members of a cooperative marketing association quali-
 32    fied under chapter 26, title 22, Idaho Code.
 33        (112) "Public warehouse" or "warehouse" or "warehouseman" means any eleva-
 34    tor,  mill,  warehouse,  subterminal  commodity warehouse, public warehouse or
 35    other structure or facility in which agricultural commodities are received for
 36    storage, shipment, processing, reconditioning or handling.
 37        (123) "Receipt" means a warehouse receipt.
 38        (134) "Revocation" means the permanent removal of a warehouse license fol-
 39    lowing a hearing on violations of this  chapter  by  the  hearing  officer  or
 40    director.
 41        (145) "Scale  weight  ticket"  means  a load slip or other evidence, other
 42    than a receipt, given to a depositor by a warehouseman licensed under the pro-
 43    visions of this chapter, upon initial delivery of the commodity to  the  ware-
 44    house.
 45        (16)  "Seed  crops"  means any seed crop regulated by chapter 4, title 22,
 46    Idaho Code.
 47        (157) "Subterminal warehouse" means any warehouse at which an intermediate
 48    function is  performed  in  which  agricultural  commodities  are  customarily
 49    received  from  dealers  rather  than  producers and where the commodities are
 50    accumulated prior to shipment.
 51        (168) "Suspension" means the temporary removal of a warehouse  license  by
 52    the department pending a hearing for violations of this chapter. Correction of
 53    the violations prior to a hearing may result in the reinstatement of a license
 54    without a hearing.
 55        (179) "Termination"  means  the  expiration  of a warehouse license due to
                                                                        
                                           5
                                                                        
  1    failure to meet minimum licensing requirements, failure to renew  a  warehouse
  2    license  or  as  requested  by the licensee, unless a complaint has been filed
  3    against the licensee alleging a violation of any provision of this chapter.
  4        (20) "Transfer" means, unless otherwise defined by the parties in writing,
  5    the event when a producer or his agent delivers a commodity to a warehouseman,
  6    who then weighs the commodity, and gives the producer or  his  agent  a  scale
  7    weight ticket or other written evidence of transfer.
  8        (1821) "Warehouse receipt" means every receipt, whether negotiable or non-
  9    negotiable, issued by a warehouseman, except scale weight tickets.
 10        (22)  "Warehouseman"  means  a  person  operating  or controlling a public
 11    warehouse.
                                                                        
 12        SECTION 2.  That Section 69-204, Idaho Code, be, and the  same  is  hereby
 13    amended to read as follows:
                                                                        
 14        69-204.  PENALTY FOR OPERATING WITHOUT A LICENSE -- MISREPRESENTATION. (1)
 15    Any person operating a public warehouse without a license or in any way repre-
 16    senting,  by  actions  or  words,  that the warehouse is so licensed when such
 17    warehouse is not so licensed or any  person  who  shall  misrepresent,  forge,
 18    alter,  counterfeit  or  falsely represent a license as required by the provi-
 19    sions of this chapter shall be guilty of a felony and punished by imprisonment
 20    in the state prison for not more than ten (10) years, or by a fine of not more
 21    than ten thousand dollars ($10,000), or by both.
 22        (2)  Any person who shall issue, utter, or aid in the issuance  or  utter-
 23    ance  or  attempt to issue or utter a false or fraudulent receipt for any com-
 24    modity shall be guilty of a felony and punished by imprisonment in  the  state
 25    prison  for  not  more than ten (10) years, or by a fine of not more more than
 26    ten thousand dollars ($10,000), or by both.
                                                                        
 27        SECTION 3.  That Section 69-205, Idaho Code, be, and the  same  is  hereby
 28    amended to read as follows:
                                                                        
 29        69-205.  INSPECTION  AND  CLASSIFICATION OF WAREHOUSES, STORAGE, WAREHOUS-
 30    ING, WEIGHING AND CERTIFICATION OF COMMODITIES -- DUTIES OF WAREHOUSEMEN. Upon
 31    application by any person for license to conduct a warehouse under this  chap-
 32    ter,  the department of agriculture is authorized to investigate and determine
 33    whether the public warehouse for which licenses are applied, or have been pre-
 34    viously issued, under this chapter, are is suitable for the proper storage  of
 35    agricultural  commodities and the department of agriculture is authorized with
 36    or without application, to wit:
 37        To inspect any warehouse licensed under this  chapter;  to  inspect  every
 38    licensed warehouse at least once every calendar year; to investigate the stor-
 39    age,  warehousing,  classifying according to grade, and otherwise weighing and
 40    certification of agricultural commodities therein conducted; to classify ware-
 41    houses, licensed or applying for license, in accordance  with  their  capacity
 42    and  to  prescribe,  within the limitations of this chapter, the duties of the
 43    warehousemen conducting warehouses licensed under this chapter with respect to
 44    their care of and responsibility for agricultural commodities.
                                                                        
 45        SECTION 4.  That Section 69-206, Idaho Code, be, and the  same  is  hereby
 46    amended to read as follows:
                                                                        
 47        69-206.  LICENSES TO WAREHOUSEMEN -- ISSUE -- RENEWAL -- CONDITIONS PRECE-
 48    DENT.  The department of agriculture is authorized, upon application to it, to
 49    issue or renew to any warehouseman a license for the conduct of a warehouse or
                                                                        
                                           6
                                                                        
  1    warehouses in accordance with this chapter and such rules and  regulations  as
  2    may be made hereunder, providing the following conditions are met:
  3        (1)  Each  person,  as  a  condition precedent to operating a warehouse in
  4    this state, shall file and maintain satisfactory evidence with the director of
  5    the department of agriculture of the  existence  of  an  effective  policy  of
  6    insurance  issued  by  an  insurance company authorized to do business in this
  7    state, insuring all agricultural commodities that may be  stored  or  accepted
  8    for  storage on the premises, including commodities owned by the warehouseman,
  9    for which such license is sought for the full market value  of  such  agricul-
 10    tural  commodities against loss by fire, internal explosion, lightning or tor-
 11    nado;
 12        (2)  That each warehouse be found suitable for the proper storage  of  the
 13    particular  agricultural  commodity  or  commodities  for  which  a license is
 14    requested;
 15        (3)  A license fee is submitted to the department as prescribed by section
 16    69-211, Idaho Code;
 17        (4)  A current drawing of the warehouse which shows storage facilities and
 18    the capacity calculations of the warehouse is submitted to and which indicates
 19    commodity and seed crop storage areas, shall be approved by the department;
 20        (5)  A sufficient and valid bond is filed and maintained  as  required  by
 21    section 69-208, Idaho Code;
 22        (6)  The  applicant  shall submit to the department an audited or reviewed
 23    financial statement prepared by an independent certified public accountant  or
 24    licensed  public  accountant  showing  that the licensee has and does maintain
 25    current assets equal to or greater than current liabilities,  a  statement  of
 26    current  assets  and current liabilities, and a statement of net worth, all of
 27    which shall be prepared in accordance with generally accepted accounting prin-
 28    ciples;
 29        (7)  For a warehouseman license an applicant shall have and maintain a net
 30    worth of at least fifty thousand dollars ($50,000) or maintain a bond  in  the
 31    amount of two thousand dollars ($2,000) for each one thousand dollars ($1,000)
 32    or  fraction thereof of net worth deficiency financial requirement; however, a
 33    person shall not be licensed as a warehouseman if the person has a  net  worth
 34    of less than twenty-five thousand dollars ($25,000). A bond submitted for pur-
 35    poses  of  this subsection shall be in addition to any bond otherwise required
 36    under the provisions of this chapter;
 37        (8)  The applicant has complied with and abided by all the terms  of  this
 38    chapter and the rules and regulations prescribed hereunder;
 39        (9)  That  all  materials  required  for  renewal  of  a  license shall be
 40    received by the department prior to  the  expiration  date  of  the  warehouse
 41    license.  A  warehouse  license  which  has  expired  may be reinstated by the
 42    department upon receipt of all necessary licensing materials required  by  the
 43    provisions  of  this  chapter and a penalty reinstatement fee in the amount of
 44    fifty five hundred dollars ($500.00), providing that this  material  is  filed
 45    within  thirty (30) days from the date of expiration of the warehouse license.
 46    At the end of the thirty (30) day penalty reinstatement  period,  a  warehouse
 47    license  shall  be terminated by the department. All license applications com-
 48    pleted and received after the thirty (30)  day  penalty  reinstatement  period
 49    shall  be  considered  original applications and after the five hundred dollar
 50    ($500) reinstatement fee has been remitted to  the  department,  license  fees
 51    shall be assessed as original fees according to section 69-211, Idaho Code.
                                                                        
 52        SECTION  5.  That  Section  69-207, Idaho Code, be, and the same is hereby
 53    amended to read as follows:
                                                                        
                                           7
                                                                        
  1        69-207.  TERM OF LICENSE -- RENEWAL. Each license  issued  under  sections
  2    69-206 and section 69-215, Idaho Code, shall be issued for a period to be pre-
  3    scribed by regulation rule by the department. of agriculture.
                                                                        
  4        SECTION  6.  That  Section  69-208, Idaho Code, be, and the same is hereby
  5    amended to read as follows:
                                                                        
  6        69-208.  BOND OF APPLICANT FOR LICENSE -- ADDITIONAL  BOND  --  ADDITIONAL
  7    OBLIGATIONS -- CERTIFICATE OF DEPOSIT, ANNUITY OR IRREVOCABLE LETTER OF CREDIT
  8    IN  LIEU  OF BOND. Each warehouseman applying for a license to conduct a ware-
  9    house in accordance with this chapter shall, as a condition  to  the  granting
 10    thereof, execute and file with the department a good and sufficient bond other
 11    than personal security. to the state The bond shall be in favor of the commod-
 12    ity  indemnity fund to secure the faithful performance of his obligations as a
 13    warehouseman under all the laws of the state, including obligations arising by
 14    operation of the commodity indemnity account fund program, and the rules  pre-
 15    scribed hereunder, and of such additional obligations as a warehouseman as may
 16    be  assumed  by him under contracts with the respective depositors of agricul-
 17    tural commodities in such warehouse. Said bond  shall  be  in  such  form  and
 18    amount,  shall  have such surety or sureties, and shall contain such terms and
 19    conditions as the department may prescribe to carry out the purposes  of  this
 20    chapter.  Whenever  the  department shall determine that a bond approved by it
 21    is, or for any cause has become, insufficient, it may shall require  an  addi-
 22    tional  bond  or  bonds  to be given by the warehouseman concerned, conforming
 23    with the requirements of this section, and unless the same be given within the
 24    time fixed by a written demand therefor the license of such  warehouseman  may
 25    shall be suspended or revoked.
 26        The bond shall be approved by the department and shall be conditioned upon
 27    the  faithful performance by the warehouseman of the duty to keep in the ware-
 28    house for the depositor the agricultural commodity delivered  and  to  deliver
 29    the  agricultural  commodity to or for such depositors. The bond shall also be
 30    conditioned upon the faithful performance by the  warehouseman  of  any  addi-
 31    tional obligations involving marketing transactions with a depositor.
 32        The  warehouseman  may give a single bond meeting the requirements as pro-
 33    vided in this chapter and all warehouses operated by the warehouseman shall be
 34    as one (1) warehouse for the purpose of compliance with the provisions of this
 35    section. Any changes in the capacity of a warehouse or installation of any new
 36    warehouses involving a change in the bond liability under  the  provisions  of
 37    this  chapter  shall  be  reported  to  the  department prior to the operation
 38    thereof.
 39        At the discretion of the director, any person required to submit a bond to
 40    the department in accordance with this chapter, may at his option give to  the
 41    department  a  certificate  of deposit, an annuity or an irrevocable letter of
 42    credit payable to the director as trustee commodity indemnity fund in lieu  of
 43    the  bond required herein. The principal amount of the certificate, annuity or
 44    letter of credit shall be the same as that required for a surety bond pursuant
 45    to this chapter. Accrued interest upon the certificate of deposit  or  annuity
 46    shall be payable to the purchaser of the certificate. or annuity. The certifi-
 47    cate,  annuity  or  letter  of credit shall remain on file with the department
 48    until it is released, cancelled or discharged by the director  The  letter  of
 49    credit shall remain on file with the department until it is released, canceled
 50    or  discharged  by  the director or until the director is notified ninety (90)
 51    days in advance, by registered or certified mail,  return  receipt  requested,
 52    that  the  letter of credit is renewed, canceled or amended. Failure to notify
 53    the director may result in the suspension or revocation of  the  bonded  ware-
                                                                        
                                           8
                                                                        
  1    house  license.  The  provisions of this chapter that apply to a bond required
  2    pursuant to this chapter apply to each certificate of deposit, annuity or let-
  3    ter of credit given in lieu of such bond.
  4        Under provisions of this chapter, an irrevocable letter  of  credit  shall
  5    not  be  acceptable  unless  it is issued by a national bank in Idaho or by an
  6    Idaho state-chartered bank insured by the federal deposit  insurance  corpora-
  7    tion.  Under  the provisions of this chapter, an annuity shall not be accepted
  8    by the department unless it is issued by an insurance company, bank  or  other
  9    financial  institution  found acceptable by the director and shall have a cash
 10    value equal to the bond requirement less any penalty for early withdrawal.
                                                                        
 11        SECTION 7.  That Section 69-208A, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        69-208A.  AMOUNT  OF  BOND  -- CANCELLATION. The amount of bond to be fur-
 14    nished for each warehouse shall be fixed at a rate of twenty cents  (20)  per
 15    bushel  of  licensed  capacity  or  six percent (6%) of the total value of the
 16    agricultural commodities stored, whichever is greater. In the event a  variety
 17    of commodities are stored, the bond rate may be calculated using either factor
 18    or  a  combination thereof. Any other bond that may be required shall be sepa-
 19    rate and in addition to the bond listed here. In any case, the amount  of  the
 20    bond  shall  not be less than twenty-five thousand dollars ($25,000) and shall
 21    not be more than five hundred thousand dollars ($500,000). This bond shall run
 22    continuously with the warehouse license until suspended, revoked or  cancelled
 23    canceled  by  the  bonding  company. A ninety (90) day written notice shall be
 24    given to the department by the bonding company before any bond  is  suspended,
 25    revoked  or  cancelled  canceled. The director reserves the right to waive the
 26    ninety (90) day cancellation period.
                                                                        
 27        SECTION 8.  That Section 69-209, Idaho Code, be, and the  same  is  hereby
 28    amended to read as follows:
                                                                        
 29        69-209.  ACTION  ON BOND BY PERSONS PRODUCERS INJURED. Any person producer
 30    injured by the breach of any obligation for which a bond is written, under the
 31    provisions of section 69-208, Idaho Code, shall be entitled to sue on the bond
 32    in his own name in a court of competent jurisdiction to recover the damages he
 33    may have sustained by such breach, or may must petition the  director  to  fix
 34    the  amount  of  his damages make demand upon the warehouseman, certificate of
 35    deposit, irrevocable letter of credit or bond. The director may thereupon make
 36    demand upon the warehouseman and his surety for payment of such damages and in
 37    the event such damages are not promptly paid  the  director  may  commence  an
 38    action  on  the  bond to enforce payment of such damages. The liability of the
 39    surety upon the bond required to be given by warehousemen as provided in  sec-
 40    tion 69-208, Idaho Code, for any one (1) annual licensing period shall be lim-
 41    ited to the amount specified in the bond, and in case of recoveries had by two
 42    (2)  or more persons for violation of the conditions of such bond in excess of
 43    the amount of the bond, such recovery shall be prorated and the total recovery
 44    against the surety for any one (1) annual licensing period  shall  not  exceed
 45    the  amount  of  the  bond.  Any person who In the event the director sues and
 46    obtains a judgment against the warehouseman and/or his surety for  payment  of
 47    such  damages under this section, he shall be entitled to recover a reasonable
 48    attorney's fee.
                                                                        
 49        SECTION 9.  That Section 69-210, Idaho Code, be, and the  same  is  hereby
 50    amended to read as follows:
                                                                        
                                           9
                                                                        
  1        69-210.  DESIGNATION  OF  WAREHOUSE  AS  BONDED WAREHOUSE. Upon the filing
  2    with and approval by the department of agriculture of a  bond,  in  compliance
  3    with  this  chapter,  for  the conduct of a warehouse, such warehouse shall be
  4    designated as bonded hereunder; but no warehouse shall be designated as bonded
  5    under this chapter, and no name or description conveying the  impression  that
  6    it  is so bonded, shall be used, until a bond, such as provided for in section
  7    69-208, Idaho Code, has been filed with and approved  by  the  department,  of
  8    agriculture,  nor unless the license issued under this chapter for the conduct
  9    of such warehouse remains unsuspended and unrevoked.
                                                                        
 10        SECTION 10.  That Section 69-211, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        69-211.  FEES  OF DEPARTMENT. (1) The department shall charge, assess, and
 13    cause to be collected an annual fee for  each  warehouse  license  or  renewal
 14    thereof, according to the following schedule:
 15        (1)  For each original application --
 16             Capacity in Hundredweight                                        Rate
 17             0 to 50,000                                                  $1080.00
 18             50,001 to 100,000                                            20360.00
 19             100,001 to 250,000                                           30540.00
 20             250,001 to 500,000                                          400715.00
 21             500,001 to 750,000                                           50890.00
 22             Over 750,000                                               601,070.00
 23        For each renewal application --
 24             Capacity in Hundredweight                                        Rate
 25             0 to 50,000                                                   $350.00
 26             50,001 to 100,000                                             6100.00
 27             100,001 to 250,000                                           90145.00
 28             250,001 to 500,000                                            1290.00
 29             500,001 to 750,000                                           15240.00
 30             Over 750,000                                                 18290.00
 31        (2)  The  department  shall  assess and collect a fee of fifty one hundred
 32    dollars ($5100.00) for each inspection of a warehouse or station which is done
 33    for the purpose of amending a warehouse license.
 34        (3)  The department may shall assess and collect a fee of one two  hundred
 35    and  fifty dollars ($1250) per day or fraction thereof for maintaining an each
 36    employee of the department at a warehouse  to  oversee  the  correction  of  a
 37    violation  of  the  provisions  of  this  chapter  or  the  rules  promulgated
 38    hereunder.
 39        (4)  Upon  approval  by the department, a warehouseman may operate two (2)
 40    or more warehouses under a single warehouse license.
 41        (5)  All fees shall be deposited into the state treasury and  credited  to
 42    the general account commodity indemnity fund.
                                                                        
 43        SECTION  11.  That  Section 69-212, Idaho Code, be, and the same is hereby
 44    amended to read as follows:
                                                                        
 45        69-212.  SCHEDULE OF CHARGES -- POSTING. Every licensed warehouseman shall
 46    annually, during the first week of July, publish by posting in  a  conspicuous
 47    place  in  his warehouse, a schedule of storage, and handling, conditioning or
 48    any other charges or discounts for the ensuing year, which schedule  shall  be
 49    kept  posted in a conspicuous place in said warehouse. Further, the warehouse-
 50    man shall annually, during the first week in July, mail to the department,  of
 51    agriculture, a copy of such charges. All charges made by any public warehouse-
                                                                        
                                           10
                                                                        
  1    man  hereunder  for the handling and storage of agricultural commodities shall
  2    be just, fair and reasonable; and the director of the department  of  agricul-
  3    ture  of the state of Idaho is hereby vested with the power and authority upon
  4    the complaint of any person interested or upon his own motion,  after  a  full
  5    hearing,  to  declare  any  existing charge for the handling or storage of any
  6    agricultural commodity to be unreasonable or unjust and to determine and order
  7    what shall be a just and reasonable charge to be imposed or enforced in  place
  8    of that found to be unreasonable or unjust. Failure to file and post scheduled
  9    charges  for  the  current  year will keep in full force and effect the latest
 10    previously posted and filed schedule of rates.
                                                                        
 11        SECTION 12.  That Section 69-213, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        69-213.  PRIVILEGE OF EXAMINING COMMODITIES STORED. Every depositor having
 14    an  interest  in  any agricultural commodity stored in any such warehouse, and
 15    every state inspector authorized by the director,  shall  have  the  right  to
 16    examine at any reasonable time during ordinary business hours any commodity so
 17    stored,  and all parts of such warehouses, provided the warehouse or the agri-
 18    cultural commodities stored therein is not endangered by such inspection;  and
 19    every  warehouseman,  his agents and servants employees shall furnish safe and
 20    reasonable access and facilities for such examination.
                                                                        
 21        SECTION 13.  That Section 69-214, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        69-214.  EMPLOYMENT OF INSPECTORS PERSONNEL. The department of agriculture
 24    may  employ  such  inspectors,  investigators, samplers and weighers as it may
 25    deem necessary.
                                                                        
 26        SECTION 14.  That Section 69-219, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        69-219.  COMMODITIES DEEMED DEPOSITED DELIVERED SUBJECT TO LAW. Any person
 29    who  deposits  delivers  agricultural  commodities  in to a warehouse licensed
 30    under this chapter, for storage or under terms of a contract, shall be  deemed
 31    to  have deposited delivered the same subject to the terms of this chapter and
 32    the rules prescribed hereunder.
                                                                        
 33        SECTION 15.  That Section 69-220, Idaho Code, be, and the same  is  hereby
 34    amended to read as follows:
                                                                        
 35        69-220.  INSPECTION  AND  GRADING  OF DISEASED OR INSECT INFESTED COMMODI-
 36    TIES. Any diseased or insect infected  infested  agricultural  commodity  com-
 37    plained    of by the department or any person having interest in the warehouse
 38    or agricultural commodities stored in a warehouse licensed under this  chapter
 39    shall  be  inspected and graded by a representative of the department of agri-
 40    culture or a person duly licensed to grade the same under this chapter, and if
 41    such inspection or grading shows such agricultural commodity to be in a condi-
 42    tion that its continued storing or retention would injure or damage the  ware-
 43    house  or  other  commodities  stored therein the owner shall, by order of the
 44    director, forthwith remove and  dispose  of  such  agricultural  commodity  as
 45    directed.  If the owner of such commodity is unknown to the inspector or ware-
 46    houseman, the warehouseman shall proceed to remove or make disposition of such
 47    commodity in a manner that will tend to save and realize the values  contained
                                                                        
                                           11
                                                                        
  1    in  such  commodity  by  the owner, under such rules and regulations as may be
  2    promulgated under this chapter or the uniform commercial code.
                                                                        
  3        SECTION 16.  That Section 69-222, Idaho Code, be, and the same  is  hereby
  4    amended to read as follows:
                                                                        
  5        69-222.  RECEIPTS  --  SCALE WEIGHT TICKETS. For all agricultural commodi-
  6    ties deposited in delivered to a warehouse licensed under this chapter  origi-
  7    nal  negotiable  or nonnegotiable warehouse receipts, or scale weight tickets,
  8    shall be issued by the warehouseman conducting the same, but no  receipts,  or
  9    scale  weight  tickets,  shall  be  issued except for agricultural commodities
 10    deposited in delivered to the warehouse at the time of the  issuance  thereof;
 11    provided,  however,  that  no  negotiable  receipt  need be issued except when
 12    requested by the depositor.
                                                                        
 13        SECTION 17.  That Section 69-223, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        69-223.  NEGOTIABLE  WAREHOUSE RECEIPTS FOR COMMODITIES STORED -- CONTENTS
 16    -- CONDITIONS -- PENALTIES. Every  negotiable  warehouse  receipt  issued  for
 17    agricultural  commodities  stored in a warehouse licensed under the provisions
 18    of this chapter shall be issued in accordance with, but not  limited  to,  the
 19    following:
 20        (1)  Every  negotiable  warehouse receipt issued for agricultural commodi-
 21    ties stored in a warehouse licensed under the provisions of this chapter shall
 22    embody within its written or printed terms:
 23        (a)  All the requirements of a negotiable warehouse receipt under the Uni-
 24        form Commercial Code--Documents of Title.
 25        (b)  A description of the agricultural commodities received,  showing  the
 26        quantity  thereof, or, in case of agricultural commodities customarily put
 27        up in bales or packages, a description of such bales or packages by marks,
 28        numbers, or other means of identification and the weight of such bales  or
 29        packages.
 30        (c)  The grade or other class of the agricultural commodities received and
 31        the  standard  or description in accordance with which such classification
 32        has been made: provided, that such grade or other class  shall  be  stated
 33        according  to the official standards of the state applicable to such agri-
 34        cultural commodities as the  same  may  be  fixed  and  promulgated  under
 35        authority  of law:; provided further that until such official standards of
 36        the state for any agricultural commodity or commodities  have  been  fixed
 37        and  promulgated, the grade or other class thereof may be stated in accor-
 38        dance with  any  recognized  standard;  provided,  that  unless  otherwise
 39        required  by  law,  when requested by the depositor of other than fungible
 40        agricultural commodities, a receipt omitting compliance with this subdivi-
 41        sion may be issued if it has plainly and  conspicuously  embodied  in  its
 42        written  or  printed  terms  a  provision  that  such negotiable warehouse
 43        receipt is not graded.
 44        (d)  A statement that the negotiable warehouse receipt is  issued  subject
 45        to the provisions of this chapter and the rules and regulations prescribed
 46        hereunder.
 47        (e)  Such  other terms and conditions within the limitations of this chap-
 48        ter as may be required by the department. of agriculture.
 49        (f)  All negotiable warehouse receipts issued under the provisions of this
 50        chapter, shall be upon forms prepared and supplied by  the  department  of
 51        agriculture  and  issued upon requisition of the warehouseman at a reason-
                                                                        
                                           12
                                                                        
  1        able cost.
  2        (2)  Any warehouseman, agent, employee or manager of  a  public  warehouse
  3    licensed  under the provisions of this chapter who shall remove or allow to be
  4    removed any commodities from the facility on which  the  negotiable  warehouse
  5    receipt  was issued, except to preserve the same from fire or other damage, or
  6    except when an emergency storage situation exists as determined by the  direc-
  7    tor, without the return and cancellation of any and all outstanding negotiable
  8    warehouse  receipts  that  may  have been issued to represent such commodities
  9    shall be guilty of a felony and be  punished  by  imprisonment  in  the  state
 10    prison  not  to exceed ten (10) years, or by a fine of not more than ten thou-
 11    sand dollars ($10,000), or by both.
                                                                        
 12        SECTION 18.  That Section 69-224, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        69-224.  STANDARDS  FOR  AGRICULTURAL COMMODITIES. The department of agri-
 15    culture is authorized, from time to time, to establish  and  promulgate  stan-
 16    dards  for  agricultural  commodities  by  which their quality or value may be
 17    judged or determined.
 18        So far as practicable such standards shall conform to the  official  stan-
 19    dards  of  the United States or the state of Idaho applicable to such agricul-
 20    tural commodities as the same may from time to time be fixed and promulgated.
 21        No warehouseman in this state shall insert in any receipt  issued  by  him
 22    any  language  in  anywise  any  way limiting or modifying his liabilities, or
 23    responsibilities, as imposed by the laws of this state.
                                                                        
                                                                        
 24        SECTION 19.  That Section 69-226, Idaho Code, be, and the same  is  hereby
 25    amended to read as follows:
                                                                        
 26        69-226.  RECORDS  OF WAREHOUSES -- CONDUCT OF WAREHOUSES. Every warehouse-
 27    man conducting a warehouse licensed under the provisions of this chapter shall
 28    keep in a place of safety complete and correct records and shall conduct  said
 29    warehouse  in all other respects in compliance with this chapter and the rules
 30    and regulations made promulgated hereunder.
                                                                        
 31        SECTION 20.  That Section 69-227, Idaho Code, be, and the same  is  hereby
 32    amended to read as follows:
                                                                        
 33        69-227.  EXAMINATION  OF  COMMODITIES OR SEED CROPS -- RECORDS -- PUBLICA-
 34    TION OF FINDINGS. The department is authorized to cause examination to be made
 35    of any agricultural commodity or seed crop deposited, or any record pertaining
 36    to commodities or seed crops deposited  therein,  in  any  warehouse  licensed
 37    under  the provisions of this chapter. Whenever, after opportunity for hearing
 38    is given to the warehouseman conducting such warehouse, it is determined  that
 39    he  is  not performing fully the duties imposed on him by this chapter and the
 40    rules made promulgated hereunder, the department may publish its findings in a
 41    local daily or weekly newspaper in the area where the warehouse is located.
                                                                        
 42        SECTION 21.  That Section 69-228, Idaho Code, be, and the same  is  hereby
 43    amended to read as follows:
                                                                        
 44        69-228.  SUSPENSION  OR  REVOCATION OF LICENSE. The department of agricul-
 45    ture may, after opportunity for hearing has been afforded to the licensee con-
 46    cerned, suspend or revoke any license issued to any person  under  the  provi-
                                                                        
                                           13
                                                                        
  1    sions of this chapter, for any violation of or failure to comply with any pro-
  2    vision  of this chapter, chapter 7 of the uniform commercial code or the rules
  3    and regulations made promulgated hereunder or upon the ground that the  licen-
  4    see  has  used  his license or allowed it to be used for any improper purpose.
  5    Pending investigation the department, of agriculture, whenever it deems neces-
  6    sary, may suspend a license temporarily without hearing.
                                                                        
  7        SECTION 22.  That Section 69-229, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        69-229.  PUBLICATION  OF  REPORTS. The department of agriculture from time
 10    to time may publish the results of any investigations made  under  the  provi-
 11    sions  of  this chapter; and it may publish the names and addresses of persons
 12    licensed under this chapter and a list of all licenses terminated  under  this
 13    chapter and the causes therefore.
                                                                        
 14        SECTION  23.  That  Section 69-230, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        69-230.  EXAMINATION OF BOOKS. The department of agriculture is authorized
 17    through officials, employees, or agents of the department designated by it, to
 18    examine all books,  records,  papers,  and  accounts  of  warehouses  relating
 19    thereto.
                                                                        
 20        SECTION  24.  That  Section 69-231, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        69-231.  RULES. AND REGULATIONS. The department of agriculture shall  from
 23    time  to time make promulgate such rules and regulations as it may deem neces-
 24    sary for the efficient execution of the provisions of this chapter.
                                                                        
 25        SECTION 25.  That Section 69-233, Idaho Code, be, and the same  is  hereby
 26    amended to read as follows:
                                                                        
 27        69-233.  VIOLATION  OF  LAW -- PENALTY. Any person who violates any provi-
 28    sion of this chapter or the rules and regulations  promulgated  hereunder,  or
 29    who  shall impede, obstruct, hinder or otherwise prevent or attempt to prevent
 30    the director or his duly authorized representative in the performance  of  his
 31    duty  in connection with the provisions of this chapter, except as provided in
 32    sections 69-204, 69-212, 69-223 and 69-248, Idaho Code, shall be guilty  of  a
 33    misdemeanor and be punished by imprisonment in a county jail not to exceed six
 34    (6) months, or by a fine or of not more than one thousand dollars ($1,000), or
 35    by both.
                                                                        
 36        SECTION  26.  That  Section 69-236, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        69-236.  NONCOMPLIANCE -- FAILURE -- REMEDIES OF DEPARTMENT. (1)  Whenever
 39    it  appears, after any investigation, that a warehouseman does not have in his
 40    possession sufficient agricultural commodities to cover the outstanding  ware-
 41    house  receipts,  scale weight tickets, or other evidence of storage liability
 42    issued or assumed by him, or the ability to pay producers for contract obliga-
 43    tions, or when the warehouseman refuses to submit his books, papers, or  prop-
 44    erty  to  lawful inspection, the department may shall give notice to the ware-
 45    houseman to comply with all or any of the following requirements:
                                                                        
                                           14
                                                                        
  1        (a)  Cover such shortage;
  2        (b)  Give an additional bond as requested by the department; or
  3        (c)  Submit to such inspection as the department may deem necessary.
  4        (2)  If the warehouseman fails to comply with the  terms  of  such  notice
  5    within  twenty-four  (24)  hours  from  the date of issuance of the notice, or
  6    within such further time as the department may allow, not to exceed  ten  (10)
  7    working  days,  the  department  may  shall petition the district court in the
  8    county where the licensee's principal place of business is located  (as  shown
  9    by the license application) for an order:
 10        (a)  Authorizing the department to seize and take possession of any or all
 11        agricultural  commodities  in the warehouse or warehouses owned, operated,
 12        or controlled by the warehouseman, and of all books, papers  and  property
 13        of  all  kinds used in connection with the conduct or the operation of the
 14        warehouse business, and any materials which pertain in  any  way  to  that
 15        business; and
 16        (b)  Enjoining  the  warehouseman  from interfering with the department in
 17        the discharge of its duties as required by the provisions of this section.
 18        (3)  Upon taking possession, the department shall give written  notice  of
 19    its  action to the surety on the bond of the warehouseman and may shall notify
 20    the holders or producers of record, as shown by the warehouseman's records, of
 21    all negotiable or nonnegotiable warehouse receipts, or scale  weight  tickets,
 22    or  contracts  issued for agricultural commodities, to present their warehouse
 23    receipt or other evidence of deposits  or  obligation  for  inspection  or  to
 24    account  for the same. The department may shall thereupon cause an audit to be
 25    made of the affairs of such warehouse including, but not limited to, the agri-
 26    cultural commodities in which there is an apparent shortage, to determine  the
 27    amount of such shortage and compute the shortage as to each depositor as shown
 28    by  the  warehouseman's  records, if possible. The department shall notify the
 29    warehouseman and the surety on his bond of  the  approximate  amount  of  such
 30    shortage  and notify each depositor thereby affected by sending notices to the
 31    depositor's last  known address as shown by the records of the warehouseman.
 32        (4)  The department shall retain possession of the  agricultural  commodi-
 33    ties  in  the  warehouse or warehouses, and the books, papers, and property of
 34    the warehouseman, until such time as the warehouseman or  the  surety  on  the
 35    bond  shall  have satisfied the claims of all holders of warehouse receipts or
 36    other evidence of deposits or obligations, in case  the  shortage  obligations
 37    exceeds  the  amount  of the bond, the surety on the bond shall have satisfied
 38    such claims pro rata, or until such time as the department is ordered  by  the
 39    court to surrender possession.
 40        (5)  If  during or after the audit provided for in this section, or at any
 41    other time the department has evidence that the warehouseman is  insolvent  or
 42    is  unable to satisfy the claims of all holders of warehouse receipts or other
 43    evidence of deposits obligations, the department may shall petition  the  dis-
 44    trict  court  for  the  appointment  of a receiver to operate or liquidate the
 45    business of the warehouseman in accordance with the law.
 46        (6)  At any time within ten (10) days after the department  takes  posses-
 47    sion of any agricultural commodities, or the books, papers, or property of any
 48    warehouse,  the  warehouseman  may serve notice on the department to appear in
 49    the district court of the county in which the warehouse is located, at a  time
 50    to  be  fixed  by  the court, and show cause why the agricultural commodities,
 51    books, papers and other property should not be restored to his possession.
 52        (7)  All court costs, attorney's fees, other professional fees and  neces-
 53    sary  expenses  incurred  by  the department in carrying out the provisions of
 54    this section may be recovered in a separate any civil action  brought  by  the
 55    department  in district court or recovered at the same time and as part of the
                                                                        
                                           15
                                                                        
  1    receivership or seizure action filed under the provisions of this chapter.
  2        (8)  As a part of the expenses so incurred, the department or the receiver
  3    is authorized to include the cost of adequate liability insurance necessary to
  4    protect the department, its officers, and others engaged in carrying  out  the
  5    provisions of this section.
  6        (9)  The  provisions  and  remedies  of  this section are not limited to a
  7    warehouse shortage.
                                                                        
  8        SECTION 27.  That Section 69-238, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        69-238.  WAREHOUSEMAN'S  OBLIGATIONS -- DUTY TO DELIVER DEPOSITED COMMODI-
 11    TIES -- DAMAGES. (1) The duty of the warehouseman to deliver agricultural com-
 12    modities deposited shall be governed by the provisions of this chapter and the
 13    requirements of the uniform commercial code. Upon the  return  of  a  properly
 14    endorsed negotiable warehouse receipt to the warehouseman, and upon payment or
 15    tender  of  all  advances  and  legal charges, agricultural commodities of the
 16    grade and quantity named therein shall be delivered to the holder of the nego-
 17    tiable warehouse receipt, except as provided by the uniform commercial code.
 18        (2)  A warehouseman's duty to deliver any agricultural commodity  is  ful-
 19    filled  if delivery is made pursuant to the contract with the depositor, or if
 20    no contract exists, then to the several owners in the order of demand as  rap-
 21    idly  as  it  can  be done by ordinary diligence. When delivery is made within
 22    thirty (30) days from date of demand, or as agreed upon in writing by all par-
 23    ties concerned, such delivery is deemed to comply with the provisions of  this
 24    section.  An extension of the delivery period may be granted by the department
 25    upon written request.
 26        (3)  A warehouseman shall not fail to deliver an agricultural commodity as
 27    provided in this section, and delivery shall be made at the warehouse or  sta-
 28    tion where the agricultural commodity was received, unless otherwise agreed.
 29        (4)  In  addition  to  being subject to penalties provided in this chapter
 30    for a violation of the provisions of this section, any warehouseman failing to
 31    deliver agricultural commodities within the time provided in this  section  is
 32    subject to suit by the person entitled to delivery of the agricultural commod-
 33    ities  and  may  be ordered by a court of competent jurisdiction to pay actual
 34    damage or liquidated damages of one-half (1/2) of  one  percent  (1%)  of  the
 35    value for each day's delay.
                                                                        
 36        SECTION  28.  That  Section 69-239, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        69-239.  DUTIES OF WAREHOUSEMAN -- CONTENTS OF RECORDS. (1) The warehouse-
 39    man shall maintain current and complete records at all times with  respect  to
 40    all  agricultural  commodities  handled, deposited, shipped or merchandised by
 41    him, including agricultural commodities  owned  by  him.  Such  records  shall
 42    include,  but  are  not  limited to, a daily position record showing the total
 43    quantity of each kind and class of agricultural commodity received and  loaded
 44    out and the amount remaining on deposit at the close of each business day, and
 45    the  warehouseman's  total deposit obligation, including agricultural commodi-
 46    ties owned by him, for each kind and class of agricultural  commodity  at  the
 47    close of each business day.
 48        (2)  Every  warehouseman  purchasing  any  agricultural  commodity  from a
 49    depositor thereof shall promptly make and keep for five (5)  years  a  correct
 50    record showing in detail the following information:
 51        (a)  The name and address of the depositor;
                                                                        
                                           16
                                                                        
  1        (b)  The date purchased;
  2        (c)  The terms of the sale; and
  3        (d)  The  quality  and  quantity  purchased by the warehouseman and, where
  4        applicable, the dockage, tare, grade, size and net weight.
  5        (3)  Records required by this section shall be legible and kept in a place
  6    of safety in this state. If a person operates at more than one  (1)  location,
  7    records of each location's transactions must be identifiable.
                                                                        
  8        SECTION  29.  That  Section 69-241, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        69-241.  INSURANCE -- CANCELLATION PROCEDURE  --  SUSPENSION  OF  LICENSE.
 11    With  the existence of an effective policy of insurance as required by section
 12    69-206(1), Idaho Code, the insurance company involved  shall  be  required  to
 13    give  thirty ninety (390) days' advance notice to the department by registered
 14    or certified mail, return receipt requested, of cancellation of the policy. In
 15    the event of any cancellation, the department shall immediately terminate  the
 16    license  of  such  person  without  a hearing, and the termination shall be in
 17    effect until satisfactory evidence of the existence of an effective policy  of
 18    insurance  complying  with the requirements of this chapter has been submitted
 19    to the department.
                                                                        
 20        SECTION 30.  That Section 69-242, Idaho Code, be, and the same  is  hereby
 21    amended to read as follows:
                                                                        
 22        69-242.  INJUNCTION.  Any  violation  of the provisions of this chapter or
 23    the rules and regulations promulgated hereunder may be enjoined upon complaint
 24    by the director.
                                                                        
 25        SECTION 31.  That Section 69-243, Idaho Code, be, and the same  is  hereby
 26    amended to read as follows:
                                                                        
 27        69-243.  DUTY  TO  PROSECUTE.  It  shall  be  the duty of each prosecuting
 28    attorney to whom any violation is reported by the department to  cause  appro-
 29    priate proceedings to be instituted and prosecuted without delay in a court of
 30    competent jurisdiction.
                                                                        
 31        SECTION  32.  That  Section 69-245, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        69-245.  DIRECTOR'S AUTHORITY. The director  may,  upon  his  own  motion,
 34    whenever  he  has  reason  to believe the provisions of this chapter have been
 35    violated, or upon verified complaint of any person in writing, investigate the
 36    actions of any warehouseman licensed under the provisions of this chapter, and
 37    if he finds probable cause to do so, shall file a complaint against the  ware-
 38    houseman  which  shall be set down for hearing before the director upon thirty
 39    (30) days' notice served upon such license holder by personal service,  regis-
 40    tered mail or telegram facsimile.
 41        The  director  shall  have  the  power to administer oaths, certify to all
 42    official acts and shall have the power to subpoena any person in this state as
 43    a witness; to compel through subpoena the production  of  books,  papers,  and
 44    records;  and  to  take  the testimony of any person on deposition in the same
 45    manner as prescribed by law in the procedure before the courts of this  state.
 46    A  subpoena  issued by the director shall extend to all parts of the state and
 47    may be served by any person authorized to do so.
                                                                        
                                           17
                                                                        
  1        All powers of the director herein enumerated in respect  to  administering
  2    oaths,  power  of  subpoena,  and other powers in hearings on complaints shall
  3    likewise be applicable to hearings held  on  applications  for  the  issuance,
  4    reinstatement or renewal of a warehouse license.
                                                                        
  5        SECTION  33.  That  Section 69-247, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        69-247.  LICENSE DENIAL. (1) Any person against whose  warehouse  bond  or
  8    the  commodity  indemnity fund a claim has been ordered collected or has actu-
  9    ally been collected shall not be licensed by the department for  a  period  of
 10    three  (3) years from the date of such order or collection. License denial may
 11    be waived if the person can show to the satisfaction of the director that full
 12    settlement of all claims against the bond and the commodity indemnity fund has
 13    been made. A change in a person's business name shall not absolve  any  unset-
 14    tled claim against that person's prior bond or the commodity indemnity fund.
 15        (2)  The director shall, after a public hearing, have the right to deny or
 16    refuse  to  issue  a license, reinstatement or renewal thereof to an applicant
 17    when it is determined that public interest is best served by  that  denial  or
 18    refusal.
 19        (3)  Upon refusal or denial pursuant to subsection (2) above, an applicant
 20    may  reapply  for a license, reinstatement or renewal after a period of ninety
 21    (90) days, at which time a new hearing will be held to review the application.
 22        (4)  The applicant shall have the right  of  appeal  on  any  decision  to
 23    refuse  or  deny  a license under subsection (2) above to a court of competent
 24    jurisdiction.
                                                                        
 25        SECTION 34.  That Section 69-248, Idaho Code, be, and the same  is  hereby
 26    amended to read as follows:
                                                                        
 27        69-248.  DRAWING  CHECKS  INSUFFICIENTLY  COVERED  A VIOLATION. Any person
 28    engaged in business as a warehouseman, as defined in this chapter,  who  shall
 29    make,  draw,  utter  or  deliver  any check, draft or order for the payment of
 30    money upon any bank or other depository, in payment to the seller of the  pur-
 31    chase price of any agricultural commodity or any part thereof or in compliance
 32    with a contract or to the department in payment of any fee, assessment or pen-
 33    alty,  upon  obtaining possession or control thereof, when at the time of such
 34    making, drawing, uttering or delivery the maker or drawer does not have suffi-
 35    cient funds in or credit with such bank or other depository for the payment of
 36    such check, draft or order in full upon its presentation,  shall  violate  the
 37    provisions  of  this  chapter.  The word "credit" as used herein shall mean an
 38    arrangement or understanding with the bank or depository for  the  payment  of
 39    such check, draft or order.
                                                                        
 40        SECTION  35.  That  Section 69-249, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        69-249.  CREDIT-SALE CONTRACTS. (1) A warehouseman who purchases  agricul-
 43    tural  commodities  by credit-sale contracts shall maintain books, records and
 44    other documents as required by the department to establish compliance with the
 45    provisions of this section.
 46        (2)  In addition to other information as may be  required,  a  credit-sale
 47    contract shall contain or provide, for all of the following but not be limited
 48    to:
 49        (a)  The seller's name and address;
                                                                        
                                           18
                                                                        
  1        (b)  The conditions of delivery;
  2        (c)  The amount, and kind and class of agricultural commodities delivered;
  3        (d)  The price per unit or basis of value; and
  4        (e)  The date payment is to be made; and
  5        (f)  Any enhancements to the value of the contract, which may include, but
  6        are  not  limited  to, transportation, premiums of any nature, or producer
  7        provided services, must be listed separately and apart from the price  per
  8        unit of the commodity.
  9        (3)  Title to all agricultural commodities sold by credit-sale contract is
 10    in  the purchaser as of the time the contract is executed, unless the contract
 11    provides otherwise. The contract must be signed by both parties  and  executed
 12    in  duplicate.  One (1) copy shall be retained by the warehouseman and one (1)
 13    copy shall be delivered to the seller. Upon revocation  or  termination  of  a
 14    warehouseman's  license,  the payment date for all credit-sale contracts shall
 15    be advanced to a date not later than thirty (30) days following the  effective
 16    date  of the revocation or termination and the purchase price for all agricul-
 17    tural commodities without a price shall  be determined  as  of  the  effective
 18    date  of  revocation or termination in accordance with all other provisions of
 19    the contract. In the event claims are submitted  to  the  commodity  indemnity
 20    fund  following  a declared failure, the value determination of contracts will
 21    be controlled by the provisions of section 69-262, Idaho Code, and  the  rules
 22    promulgated  pursuant to the provisions of this chapter. However, if the busi-
 23    ness of the warehouseman is sold to another licensed warehouseman, credit-sale
 24    contracts may be assigned to the purchaser of the business.
                                                                        
 25        SECTION 36.  That Section 69-250, Idaho Code, be, and the same  is  hereby
 26    amended to read as follows:
                                                                        
 27        69-250.  RECORDS.  All financial statements of warehousemen required under
 28    the provisions of this chapter shall be subject  to  disclosure  according  to
 29    pursuant  to the provisions of chapter 3, title 9, Idaho Code., except as fol-
 30    lows: Provided however, that a warehouseman may provide written permission for
 31    disclosure of any of the warehouseman's financial statements.
 32        (1)  Upon written permission by the licensee;
 33        (2)  In actions or administrative proceedings commenced under  the  provi-
 34    sions of this chapter or chapter 5, title 69, Idaho Code;
 35        (3)  When required by subpoena or court order; or
 36        (4)  Disclosure  to law enforcement agencies in connection with the inves-
 37    tigation or prosecution of criminal offenses.
                                                                        
 38        SECTION 37.  That Section 69-256, Idaho Code, be, and the same  is  hereby
 39    amended to read as follows:
                                                                        
 40        69-256.  CREATION  OF  INDEMNITY  FUND -- USES. (1) There is hereby estab-
 41    lished within the dedicated fund a fund to be known as the commodity indemnity
 42    fund. The commodity indemnity fund shall consist of  assessments  remitted  by
 43    producers pursuant to the provisions of this chapter and any interest or earn-
 44    ings on the fund balance.
 45        (2)  All  assessments  shall be paid to the department and shall be depos-
 46    ited in the commodity indemnity fund. Assessments shall be paid solely by pro-
 47    ducers who deposit or deliver a commodity with a warehouse or sell to a dealer
 48    and in no event shall be paid by a person who deposits  commodities  or  other
 49    agricultural   products   with  a  warehouse.  or  dealer  under  a  bailment,
 50    entrustment, consignment, sale and return, or similar contract A  delivery  of
 51    commodity between producers, none of which are commodity dealers or warehouse-
                                                                        
                                           19
                                                                        
  1    men,  is exempt from the collection and payment of assessment. The state trea-
  2    surer shall be the custodian of the commodity  indemnity  fund.  Disbursements
  3    shall  be  on  authorization of the director. No appropriation is required for
  4    disbursements from this fund.
  5        (3)  The commodity indemnity fund and  accruing  interest  shall  be  used
  6    exclusively  for  purposes  of  paying  claimants pursuant to this chapter and
  7    chapter 5, title 69, Idaho Code, and paying necessary expenses  and  costs  of
  8    administering  the  commodity  indemnity  fund,. Pprovided however, that up to
  9    one-half (1/2) of each year, accrued interest for that year shall  be  applied
 10    to  pay  necessary expenses and costs of administering the fund, regardless of
 11    the amount, to the extent of available accrued  interest.  In  the  event  the
 12    accrued  interest  is  insufficient to pay the necessary expenses and costs of
 13    administering the fund in any particular year,  then  accrued  interest  shall
 14    first be applied to those costs and expenses. The remaining costs and expenses
 15    will  be  paid  with principal from the commodity indemnity fund. In no event,
 16    however, shall payments from principal in any given year  exceed  the  sum  of
 17    two  hundred  fifty  thousand dollars ($250,000). Tthe interest accumulated by
 18    the fund may be paid to the department and to the state  treasurer  to  defray
 19    costs of administering the warehouse and dealer indemnity program and the com-
 20    modity indemnity fund. The interest accumulated by the fund and, if necessary,
 21    a  portion  of the fund, may be used to defray the cost of reinsuring the fund
 22    at the discretion of the director. The state of Idaho shall not be liable  for
 23    any claims presented against the fund.
                                                                        
 24        SECTION  38.  That  Section 69-257, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        69-257.  ASSESSMENT -- RATE -- MINIMUM AND MAXIMUM ASSESSMENT.  (1)  Every
 27    producer  shall pay an assessment to the department for deposit in the commod-
 28    ity indemnity account fund according to the provisions  of  this  chapter  and
 29    rules  and  regulations  promulgated by the department to implement the provi-
 30    sions of this chapter.
 31        (2)  Except as provided in this subsection, the  rate  of  the  assessment
 32    shall  be  established  by rules promulgated by the department. The producer's
 33    annual assessment shall not exceed two-tenths of one per cent percent (.2%) of
 34    the total value gross dollar amount, without deductions, due the producer,  as
 35    determined at the time of first sale, of the commodities.
                                                                        
 36        SECTION  39.  That  Section 69-258, Idaho Code, be, and the same is hereby
 37    repealed.
                                                                        
 38        SECTION 40.  That Chapter 2, Title 69, Idaho Code, be,  and  the  same  is
 39    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 40    ignated as Section 69-258, Idaho Code, and to read as follows:
                                                                        
 41        69-258.  COLLECTION AND REMITTANCE OF ASSESSMENTS -- PRINCIPAL AMOUNT HELD
 42    IN TRUST -- INTEREST EARNED -- FAILURE TO COLLECT OR REMIT ASSESSMENTS CONSTI-
 43    TUTES A VIOLATION -- INTEREST AND PENALTIES FOR UNPAID  ASSESSMENTS.  (1)  The
 44    department  shall  promulgate  rules to provide a procedure for the collection
 45    and remittance of the producer's assessments. Any warehouseman or  dealer  who
 46    owes  producers  for  the  sale or transfer of a commodity, or have stored for
 47    withdrawal a commodity,  shall  be  responsible  for  the  collection  of  the
 48    producer's  assessments and the remittance of the assessments collected to the
 49    department.
 50        (2)  Warehousemen or dealers shall remit  to  the  department  assessments
                                                                        
                                           20
                                                                        
  1    collected  according  to the provisions of this chapter. Payments will be made
  2    no later than the twentieth day of the month following the close of the calen-
  3    dar quarter on a form prescribed by the department. There are four (4)  calen-
  4    dar quarters in the year, beginning on the first day of the months of January,
  5    April,  July  and  October.  Assessment reports shall be submitted even though
  6    assessments for the period have not been collected.  Failure  to  do  so  will
  7    result in a penalty of one hundred dollars ($100).
  8        (3)  The  principal  amount of assessments paid by, or deducted from, pay-
  9    ments to producers by warehousemen or dealers, are held in trust for the  com-
 10    modity  indemnity  fund  immediately  upon  collection  by any warehouseman or
 11    dealer and are not property of the warehouseman or dealer.
 12        (4)  Interest earned on assessments prior to remittance to the  department
 13    belongs to the warehouseman or dealer.
 14        (5)  If  a warehouseman or dealer fails to collect or remit assessments as
 15    required, it shall be considered a violation of this chapter and shall subject
 16    the warehouseman or dealer to suspension or revocation of any  license  issued
 17    to the warehouseman or dealer under the provisions of this chapter.
 18        (6)  The  department  shall collect, on assessments unpaid within the time
 19    limits specified in this chapter, interest at the rate of  ten  percent  (10%)
 20    per  annum  until the assessments are remitted together with a penalty of five
 21    percent (5%) each month on the unpaid assessment due until the maximum penalty
 22    of twenty-five percent (25%) is reached.
                                                                        
 23        SECTION 41.  That Section 69-259, Idaho Code, be, and the same  is  hereby
 24    amended to read as follows:
                                                                        
 25        69-259.  FUNDING  AND  LIMITS OF FUND. The assessments imposed pursuant to
 26    section 69-257, Idaho Code, shall be imposed under rules  promulgated  by  the
 27    department,  until such time as maximum amount of the commodity indemnity fund
 28    reaches shall be maintained between  ten  million  dollars  ($10,000,000)  and
 29    twelve million dollars ($12,000,000). If the commodity indemnity fund balance,
 30    less  any  outstanding claims, exceeds ten million dollars ($10,000,000) on an
 31    assessment date, no assessment shall be imposed by the department,  except  as
 32    provided in section 69-258, Idaho Code.
                                                                        
 33        SECTION  42.  That  Section 69-261, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        69-261.  ADVISORY COMMITTEE -- TERMS -- COMPENSATION. (1) There is  hereby
 36    created  a  commodity  indemnity account fund advisory committee consisting of
 37    nine (9) members to be appointed by the director. Appointments shall be for up
 38    to three (3) year terms, each term ending on the same day of the same month as
 39    did the term preceding it. Any member appointed to fill  a  vacancy  occurring
 40    prior  to  the  expiration  of the term for which the member's predecessor was
 41    appointed shall hold office for the remainder of the predecessor's term.
 42        (2)  The committee shall  be  composed  of  six  (6)  producers  primarily
 43    engaged  in the production of commodities, and three (3) licensed bonded ware-
 44    housemen or licensed commodity dealers.
 45        (3)  The committee shall meet at such places and times as it shall  deter-
 46    mine  and  as often as necessary to discharge the duties imposed upon it, pro-
 47    vided, it shall meet not less than once twice per year. Each committee  member
 48    shall  be  compensated  in accordance with section 59-509(gi), Idaho Code, for
 49    travel and subsistence expense. The expenses of the committee and  its  opera-
 50    tion shall be paid from the commodity indemnity account fund.
 51        (4)  The  committee  shall  have the power and duty to advise the director
                                                                        
                                           21
                                                                        
  1    concerning assessments, administration  of  the  commodity  indemnity  account
  2    fund,  and  payment  of  claims from the account fund. Every two (2) years the
  3    committee will review the maximum limits of the fund and give  advice  to  the
  4    director.
                                                                        
  5        SECTION  43.  That  Section 69-262, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        69-262.  PROOF OF CLAIMS -- PROCEDURE -- HEARING --  INSPECTION  OF  WARE-
  8    HOUSE.  In  the  event  a  warehouse  or  dealer  fails, as defined in section
  9    69-202(78), Idaho Code, the department shall process the claims  of  producers
 10    who have paid or owe assessments as required by this chapter. Claims against a
 11    failed warehouse or dealer shall include written evidence disclosing a storage
 12    obligation or a sale or delivery of commodities. For the purpose of this stat-
 13    ute,  a storage obligation or a sale of commodities shall not include any com-
 14    modities deposited with a warehouse or dealer under a  bailment,  entrustment,
 15    consignment, sale or return, or similar contract.
 16        (1)  The department shall give notice and provide a reasonable time of not
 17    less  than  thirty (30) days and not more than sixty (60) days to producers to
 18    file their written verified claims, including any written evidence,  with  the
 19    department.
 20        (2)  The  department  shall  investigate  each claim and shall notify each
 21    claimant, the warehouseman or  dealer,  and  the  advisory  committee  of  the
 22    department's  determination  as  to the validity and amount of each claimant's
 23    claim. A claimant or warehouseman or dealer  may  request  a  hearing  on  the
 24    department's determination within twenty (20) days of receipt of written noti-
 25    fication and a hearing shall be held by the department pursuant to chapter 52,
 26    title  67,  Idaho Code. Upon determining the amount and validity of the claim,
 27    the director shall pay to the claimant an amount equal to ninety percent (90%)
 28    of the approved claim from the commodity indemnity fund. Prior to any  payment
 29    from  the  fund to a claimant, the claimant may shall be required to subrogate
 30    and assign his right to recover from any other source. The department may then
 31    pay up to ninety percent (90%) of the approved  claim  to  the  claimant.  The
 32    department  shall have a priority claim for that amount. The claimant shall be
 33    entitled to seek recovery of the remaining ten percent  (10%)  which  was  not
 34    originally  assigned  to  the  department.  For the purpose of determining the
 35    amount of the producer's claim, the value of a producer's commodity  shall  be
 36    the  lesser  of:  (a)  the  value  of  the  commodity on the date the director
 37    declared the warehouse or dealer to have failed or to have  failed  to  comply
 38    with  the  provisions of this chapter or rules promulgated thereunder; (b) the
 39    contract price as listed on a valid contract; or (c) the value of the  commod-
 40    ity represented on the contract on the date the contract was signed. The value
 41    shall  be determined by a survey of the available market price reports or mar-
 42    kets of similar facilities within the same geographic location as  the  failed
 43    facility.
 44        (3)  The  department  may  inspect  and  audit  a  failed warehouseman  or
 45    dealer. In the event of  a  shortage,  the  department  shall  determine  each
 46    producer's pro rata share of available commodities and the deficiency shall be
 47    considered as a claim of the producer. Each type of commodity shall be treated
 48    separately for the purpose of determining shortages.
 49        (4)  The director shall not approve or pay any claim made on the commodity
 50    indemnity  fund  if  the  claim is based on losses resulting from the deposit,
 51    sale or storage of commodities in an unlicensed warehouse or dealer.
 52        (5)  The fund shall not be liable for claims filed against a warehouse  or
 53    dealer in good standing who has voluntarily relinquished their license if such
                                                                        
                                           22
                                                                        
  1    claims are not filed with the department within six (6) months of the closing.
                                                                        
  2        SECTION  44.  That  Section 69-263, Idaho Code, be, and the same is hereby
  3    amended to read as follows:
                                                                        
  4        69-263.  FAILURE TO FILE -- LOSS OF CLAIM ON FUND. If  a  producer,  after
  5    notification,  refuses  or  neglects to file in the office of the director his
  6    verified claim against a warehouseman or dealer as requested by  the  director
  7    within  sixty  ninety  (690)    days from the date of the notice, the director
  8    shall thereupon be relieved of responsibility for taking action  with  respect
  9    to  such claim later asserted and no such claim shall be paid from the commod-
 10    ity indemnity fund. No claim shall be paid from the fund if a  producer  files
 11    his claim more than two (2) years from the date of sale of the commodity.
                                                                        
 12        SECTION  45.  That  Section 69-264, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        69-264.  MINIMUM BALANCE -- SUBSEQUENT PAYMENTS. The  minimum  balance  in
 15    the  commodity indemnity fund, which shall be used exclusively for purposes of
 16    paying claimants pursuant to this chapter and chapter 5, title 69, Idaho Code,
 17    shall be one million two hundred fifty thousand dollars ($1,00250,000). At  no
 18    time  shall  the  balance  be  allowed  to fall below the minimum balance. The
 19    director may pay claims, on a pro rata basis if necessary, until  the  minimum
 20    balance  is reached. If the director cannot fully pay a claim before the mini-
 21    mum balance is reached, he shall, when the commodity indemnity  fund  contains
 22    sufficient funds, pay off the claim.
                                                                        
 23        SECTION  46.  That  Section 69-266, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        69-266.  PAYMENT FROM ACCOUNT FUND -- DEBT OF WAREHOUSEMAN  OR  DEALER  OR
 26    SURETY  --  REIMBURSEMENT -- ACCRUAL OF CAUSE OF ACTION. Amounts paid from the
 27    commodity indemnity account fund in satisfaction of any approved  claim  shall
 28    constitute  a  debt  and  obligation  of  the  warehouseman, dealer, or surety
 29    against whom the claim was made. The director may bring suit on behalf of  the
 30    commodity  indemnity  account  fund  in  the  district  court of Ada county to
 31    recover from the warehouseman, dealer, or surety the  amount  of  the  payment
 32    made from the commodity indemnity account fund, together with costs and attor-
 33    ney's' fees incurred in maintaining the suit. In the event the department ini-
 34    tiates  an  action  against a warehouseman, dealer, or surety the department's
 35    claim is deemed to accrue and relate back to the time that each  producer  who
 36    received  a  commodity  indemnity  account fund payment incurred a loss in the
 37    facility.  In no event shall a commodity indemnity  account  fund  payment  be
 38    deemed to be beyond the reimbursement from the warehouseman, dealer, or surety
 39    merely  because  the  payment may have occurred after the facility closed. Any
 40    recovery for reimbursement to the fund shall bear interest  at  the  statutory
 41    rate from the date of failure.
                                                                        
 42        SECTION  47.  That  Section 69-267, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        69-267.  CLAIM AGAINST WAREHOUSEMAN OR DEALER -- DIRECTOR'S REMEDIES.  The
 45    department  may  deny,  suspend,  or revoke the license of any warehouseman or
 46    dealer against whom a claim has been made, approved, and paid from the commod-
 47    ity indemnity account fund. Proceedings for the denial, suspension, or revoca-
                                                                        
                                           23
                                                                        
  1    tion shall be subject to the provisions of title 67, chapter 52, Idaho Code.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                      RS RS11983

Amend Chapter 2, Title 69, Idaho Code, to expand the scope of the 
existing law to afford all producers of commodity equal protection 
under an indemnity fund. The amendment raises the license fee 
schedule in order to assist the department in doing a more thorough 
job of licensing and inspecting these facilities. The amendment also 
makes changes to the Commodity Indemnity Fund porting of the law 
to clarify questions raised as a result of recent warehouse failures.


                       FISCAL IMPACT



There will be no impact to the state's general fund. The fiscal 
impact to the Bonded Warehouse program will be approximately $5,000 
to the warehouses due to an initial license and renewal fee increase. 
The department also requests an additional FTP to carry out the 
duties set forth in Chapter 2 and 5 Title 69, Idaho Code. Accrued 
interest from the commodity indemnity fund will be utilized to 
defray the personnel and overhead costs of the additional FTP.




Contact
Name:  Representative Jones
Phone:  208-332-1137




STATEMENT OF PURPOSE/FISCAL NOTE                 H 645