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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 peas25 wheat, barley, oats, corn, rye, oilseeds, dry edible beans, peas, lentils and 26 other leguminousor other smallseeds 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,deferred42 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,or26 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 thecontractproceeds 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 moremorethan 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 departmentof agricultureis 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,areis suitable for the proper storage of 35 agricultural commodities and the departmentof agricultureis 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 departmentof agricultureis 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 rulesand regulationsas 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 directorof5the department of agricultureof 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 warehouseis submitted to andwhich 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 worthdeficiencyfinancial 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 rulesand regulationsprescribed 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 apenaltyreinstatement fee in the amount of 44fiftyfive 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) daypenaltyreinstatement period, a warehouse 47 license shall be terminated by the department. All license applications com- 48 pleted and received after the thirty (30) daypenaltyreinstatement 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 andsection69-215, Idaho Code, shall be issued for a period to be pre- 3 scribed byregulationrule 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, ANNUITYOR 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 stateThe 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 indemnityaccountfund 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, itmayshall 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 warehousemanmay25 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 annuityor an irrevocable letter of 42 credit payable to thedirector as trusteecommodity indemnity fund in lieu of 43 the bond required herein. The principal amount of the certificate, annuityor 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 depositor annuity46 shall be payable to the purchaser of the certificate.or annuity. The certifi-47cate, annuity or letter of credit shall remain on file with the department48until it is released, cancelled or discharged by the directorThe 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, annuityor 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 accepted8by the department unless it is issued by an insurance company, bank or other9financial institution found acceptable by the director and shall have a cash10value 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 orcancelled23 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 orcancelledcanceled. 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 BYPERSONSPRODUCERS INJURED. Anypersonproducer 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 bond32in his own name in a court of competent jurisdiction to recover the damages he33may have sustained by such breach, or maymust petition the director tofix34the amount of his damagesmake 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 whoIn 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 departmentof agricultureof 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,of8agriculture,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 100,00020360.00 19 100,001 to 250,00030540.00 20 250,001 to 500,000400715.00 21 500,001 to 750,00050890.00 22 Over 750,000601,070.00 23 For each renewal application -- 24 Capacity in Hundredweight Rate 25 0 to 50,000 $350.00 26 50,001 to 100,0006100.00 27 100,001 to 250,00090145.00 28 250,001 to 500,000 1290.00 29 500,001 to 750,00015240.00 30 Over 750,00018290.00 31 (2) The department shall assess and collect a fee offiftyone 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 departmentmayshall assess and collect a fee ofonetwo hundred 35andfifty dollars ($1250) per day or fraction thereof for maintaininganeach 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 thestate treasury and credited to42the general accountcommodity 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,andhandling, 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,of51agriculture,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 directorof the department of agricul-3ture of the state of Idahois 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 andservantsemployees 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 OFINSPECTORSPERSONNEL. The departmentof agriculture24 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 DEEMEDDEPOSITEDDELIVERED SUBJECT TO LAW. Any person 29 whodepositsdelivers agricultural commoditiesinto a warehouse licensed 30 under this chapter, for storage or under terms of a contract, shall be deemed 31 to havedepositeddelivered 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 insectinfectedinfested 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 departmentof agri-40cultureor 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 tiesdeposited indelivered 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 10deposited indelivered 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 rulesand regulationsprescribed 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 departmentof51agricultureand 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 departmentof agri-15cultureis 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 inanywiseany 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 30and regulations madepromulgated 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 rulesmadepromulgated 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 departmentof agricul-45turemay, 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 3and regulations madepromulgated 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 departmentof agriculturefrom 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 departmentof agricultureis 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 departmentof agricultureshall from 23 time to timemakepromulgate such rulesand regulationsas 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 rulesand regulationspromulgated 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 fineorof 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 departmentmayshall 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 departmentmayshall 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 andmayshall notify 20 the holders or producers of record, as shown by the warehouseman's records, of 21 all negotiable or nonnegotiable warehouse receipts,orscale 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 departmentmayshall 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 theshortageobligations 37 exceedsthe 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 ofdepositsobligations, the departmentmayshall 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 ina separateany 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 ofone-half (1/2) ofone 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 givethirtyninety (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 rulesand regulationspromulgated 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 ortelegramfacsimile. 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 followingbut not be limited 48 to: 49 (a) The seller's name and address; 18 1 (b) The conditions of delivery; 2 (c) The amount,andkind and class of agricultural commodities delivered; 3 (d) The price per unit or basis of value;and4 (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 disclosureaccording to29 pursuant to the provisions of chapter 3, title 9, Idaho Code., except as fol-30lows: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-34sions of this chapter or chapter 5, title 69, Idaho Code;35(3) When required by subpoena or court order; or36(4) Disclosure to law enforcement agencies in connection with the inves-37tigation 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 48and in no event shall be paid by a person who deposits commoditiesorother49agricultural products with awarehouse.or dealer under a bailment,50entrustment, consignment, sale and return, or similar contractA 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, thatup to9one-half (1/2) ofeach 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 dealerindemnityprogram 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 indemnityaccountfund according to the provisions of this chapter and 29 rulesand regulationspromulgated 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 oneper centpercent (.2%) of 34 the totalvaluegross 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. Theassessments imposed pursuant to26section 69-257, Idaho Code, shall be imposed under rules promulgated by the27department, until such time asmaximum amount of the commodity indemnity fund 28reachesshall be maintained between ten million dollars ($10,000,000) and 29 twelve million dollars ($12,000,000).If the commodity indemnity fund balance,30less any outstanding claims, exceeds ten million dollars ($10,000,000) on an31assessment date, no assessment shall be imposed by the department, except as32provided 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 indemnityaccountfund 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 thanoncetwice 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 indemnityaccountfund. 51 (4) The committee shall have the power and duty to advise the director 21 1 concerning assessments, administration of the commodity indemnityaccount2 fund, and payment of claims from theaccountfund. 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-13ute, a storage obligation or a sale of commodities shall not include any com-14modities deposited with a warehouse or dealer under a bailment, entrustment,15consignment, 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 claimantmayshall 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 withinsixtyninety (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 beone milliontwo 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 FROMACCOUNTFUND -- DEBT OF WAREHOUSEMAN OR DEALER OR 26 SURETY -- REIMBURSEMENT -- ACCRUAL OF CAUSE OF ACTION. Amounts paid from the 27 commodity indemnityaccountfund 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 indemnityaccountfund 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 indemnityaccountfund, 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 indemnityaccountfund payment incurred a loss in the 37 facility. In no event shall a commodity indemnityaccountfund 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 indemnityaccountfund. 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 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