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H0154..................................................by AGRICULTURAL AFFAIRS COMMODITY DEALERS - Amends existing law dealing with commodity dealers to provide for irrevocable letters of credit in lieu of bond; to revise provisions relating to certificates of deposit and irrevocable letters of credit given in lieu of bond; to revise provisions relating to the amount of bond; to revise bonding requirements and bonding provisions for certain commodity dealers; to authorize the Department of Agriculture to make certain copies; to revise provisions relating to certain records; and to revise provisions relating to damages for certain injured producers. 02/05 House intro - 1st rdg - to printing 02/06 Rpt prt - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 154 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE COMMODITY DEALER LAW; AMENDING SECTION 69-506, IDAHO CODE, TO 3 PROVIDE FOR IRREVOCABLE LETTERS OF CREDIT IN LIEU OF BOND, TO PROVIDE FOR 4 SINGLE BONDS, TO REVISE PROVISIONS RELATING TO CERTIFICATES OF DEPOSIT AND 5 IRREVOCABLE LETTERS OF CREDIT GIVEN IN LIEU OF BOND, TO REVISE PROVISIONS 6 RELATING TO THE AMOUNT OF BOND AND TO REVISE BONDING REQUIREMENTS AND 7 BONDING PROVISIONS FOR CERTAIN COMMODITY DEALERS; AMENDING SECTION 69-511, 8 IDAHO CODE, TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO MAKE CERTAIN 9 COPIES; AMENDING SECTION 69-515, IDAHO CODE, TO REVISE PROVISIONS RELATING 10 TO CERTAIN RECORDS; AMENDING SECTION 69-522, IDAHO CODE, TO REVISE PROVI- 11 SIONS RELATING TO DAMAGES OF CERTAIN INJURED PRODUCERS; AND DECLARING AN 12 EMERGENCY. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 69-506, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 69-506. BONDING REQUIREMENTS -- CANCELLATION -- IRREVOCABLE LETTER OF 17 CREDIT OR CERTIFICATE OF DEPOSIT IN LIEU OF BOND -- SINGLE BOND. Except as 18 provided in chapter 2, title 69, Idaho Code, an applicant for a license to 19 operate as a commodity dealer shall, before a license will be issued, file 20 with the department a bond in favor of the commodity indemnity fund with a 21 corporate surety approved by the department with the condition that the appli- 22 cant will pay the purchase price of any agricultural commodity to the seller. 23 The aggregate annual liability of the surety shall in no event exceed the sum 24 of the bond. 25 At the discretion of the director, any person required to submit a bond to 26 the department in accordance with this chapter, may give to the department a 27 certificate of deposit or irrevocable letter of credit payable to the commod- 28 ity indemnity fund in lieu of the bond required herein. The principal amount 29 of the certificate of deposit or irrevocable letter of credit shall be the 30 same as that required for a surety bond pursuant to this chapter. Accrued 31 interest upon the certificate of deposit shall be payable to the purchaser of 32 the certificate. The certificate of deposit or irrevocable letter of credit 33 shall remain on file with the department until it is released, canceled or 34 discharged by the director. The provisions of this chapter that apply to a 35 bond required pursuant to this chapter apply to each certificate of deposit or 36 irrevocable letter of credit given in lieu of such bond. The certificate of 37 deposit or irrevocable letter of credit shall remain on file with the depart- 38 ment until it is released, canceled, or discharged by the director, or until 39 the director is notified ninety (90) days in advance, by registered or certi- 40 fied mail, return receipt requested, that the certificate of deposit or irrev- 41 ocable letter of credit is renewed, canceled or amended. Failure to notify the 42 director may result in the suspension or revocation of the commodity dealer's 43 license. Under the provisions of this chapter, an irrevocable letter of credit 2 1 or certificate of deposit shall not be accepted unless it is issued by a 2 national bank in Idaho or by an Idaho state-chartered bank insured by the fed- 3 eral deposit insurance corporation. A certificate of deposit shall be submit- 4 ted with an audited or reviewed financial statement prepared in accordance 5 with the rules of the department by an independent Idaho certified public 6 accountant or Idaho licensed public accountant. 7 The amount of bondfor each class 1 licenseshall bein the sum of twenty-8five thousand dollars ($25,000). The bond for each class 2 license shall be in9the sum of fifteen thousand dollars ($15,000)fixed at six percent (6%) of 10 whichever of the following amounts is greater: 11 (1) The combined total indebtedness paid and owed to producers for the 12 previous year's commodity in which the commodity dealer held title, posses- 13 sion, or control prior to payment to the producer or which was the subject of 14 a credit sales contract; or 15 (2) The indebtedness owed and estimated to be owed to producers for agri- 16 cultural commodity or seed crop for the current license year. 17 In any case, the amount of the bond shall not be more than five hundred 18 thousand dollars ($500,000). A surety shall notify the commodity dealer and 19 the department by certified mail at least ninety (90) days prior to the can- 20 cellation of a bond issued under the provisions of this chapter. The liability 21 of the surety shall cover purchases made by the commodity dealer during the 22 time the bond is in force. A commodity dealer's bond filed with this depart- 23 ment shall be continuous until canceled by the surety upon ninety (90) days' 24 notice. The director reserves the right to waive the ninety (90) day cancella- 25 tion period. 26 If a commodity dealer is licensed pursuant to chapter 51, title 22, Idaho 27 Code, that same commodity dealer may obtain a single bond, certificate of 28 deposit or irrevocable letter of credit as a surety under chapter 5, title 69, 29 Idaho Code, and chapter 51, title 22, Idaho Code. If a single bond, certifi- 30 cate of deposit or irrevocable letter of credit is written covering chapter 5, 31 title 69, Idaho Code, and chapter 51, title 22, Idaho Code, the bond, certifi- 32 cate of deposit or irrevocable letter of credit shall be made out in favor of 33 the commodity indemnity fund and the seed indemnity fund. In the event a com- 34 modity dealer fails as defined in section 69-202(8), Idaho Code, and a single 35 bond, certificate of deposit or irrevocable letter of credit is written in 36 favor of the commodity indemnity fund and seed indemnity fund, the proceeds of 37 the bond, certificate of deposit or irrevocable letter of credit will be allo- 38 cated based on the dollar amount of the verified claims approved pursuant to 39 chapter 2, title 69, Idaho Code, and chapter 51, title 22, Idaho Code. 40Any person required to submit a bond to the department in accordance with41this chapter, may at his option give to the department a certificate of42deposit payable to the commodity indemnity fund in lieu of the bond required43herein. The principal amount of the certificate shall be the same as that44required for a surety bond pursuant to this chapter. Accrued interest upon45the certificate of deposit shall be payable to the purchaser of the certifi-46cate. The certificate shall remain on file with the department until it is47released, canceled or discharged by the director. The provisions of this chap-48ter that apply to a bond required pursuant to this chapter apply to each cer-49tificate of deposit given in lieu of such bond. The certificate of deposit50shall remain on file with the department until it is released, canceled, or51discharged by the director, or until the director is notified ninety (90) days52in advance, by registered or certified mail, return receipt requested, that53the certificate of deposit is renewed, canceled or amended. Failure to notify54the director may result in the suspension or revocation of the commodity55dealer's license.3 1 SECTION 2. That Section 69-511, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 69-511. INSPECTION OF PREMISES, BOOKS AND RECORDS -- AUTHORIZATION TO 4 COPY. The department may inspect the premises used by any commodity dealer in 5 the conduct of his business at any reasonable time. The department is autho- 6 rized through officials, employees, or agents of the department designated by 7 it, to examine all books, accounts, records and papers pertaining to any com- 8 modity or seed crop purchased, contracted for, or in the possession of, any 9 commodity dealer licensed under the provisions of this chapter. A commodity 10 dealer licensed in this state who does not have a place of business within the 11 state shall, upon the request of the director, make available and furnish to 12 the department at any reasonable time and place the department may set, all 13 books, accounts, records and papers relating to agricultural commodity trans- 14 actions within the state of Idaho. Where there is good cause to believe that a 15 person is doing business as a commodity dealer in the state of Idaho without a 16 license, the department may inspect the books, papers and records of the per- 17 son which pertain to agricultural commodity purchases. The department is 18 authorized to make copies of any documents or records relevant to compliance 19 with the provisions of this chapter. 20 SECTION 3. That Section 69-515, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 69-515. CONFIDENTIAL AND PROTECTED RECORDS.All financial statements of23commodity dealersRecords requiredunder the provisions of this chapterby the 24 department including, but not limited to, production summaries, receiving 25 records, conditioning reports, records relating to the payment of agricultural 26 commodities, commodity indemnity fund and seed indemnity fund reporting forms 27 of a commodity dealer, and financial records that are required pursuant to 28 sections 69-503(6) and 69-521, Idaho Code, shall besubject to disclosureheld 29 confidential and will be protected as production records according to chapter 30 3, title 9, Idaho Code.Provided however, that a commodity dealer may provide31written permission forThese records shall not be subject to disclosureof any32of the commodity dealer's financial statementsunless specifically authorized 33 in writing by the licensee or as otherwise authorized pursuant to the provi- 34 sions of chapter 3, title 9, Idaho Code. 35 SECTION 4. That Section 69-522, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 69-522. ACTION ON BOND, CERTIFICATE OF DEPOSIT OR IRREVOCABLE LETTER OF 38 CREDIT BY PRODUCERS INJURED. Any producer injured by the breach of any obliga- 39 tion for which a bond, certificate of deposit or irrevocable letter of credit 40 is written, under the provisions of section 69-506, Idaho Code, must petition 41 the director to make demand upon the commodity dealer, certificate of deposit, 42 irrevocable letter of credit or bond. The director may thereupon make demand 43upon the commodity dealer and his suretyfor payment of such damages and in 44 the event such damages are not promptly paid the director may commence an 45 actionon the bondto enforce payment of such damages. The liability ofthe46surety upon the bond required to be given bythe bank on a certificate of 47 deposit or irrevocable letter of credit, and the surety upon the bond required 48 to be given by a commodity dealer as provided by section 69-506, Idaho Code, 49 for any one (1) annual licensing period shall be limited to the amount speci- 50 fied in the bond, certificate of deposit, or irrevocable letter of credit and 4 1 in case of recoveries had by two (2) or morepersonsproducers for violation 2 of the conditions ofsuch bondthis chapter in excess of the amount of the 3 bond, certificate of deposit, or irrevocable letter of credit, such recovery 4 shall be prorated and the total recoveryas against the suretyfor any one (1) 5 annual licensing period shall not exceed the amount of the bond, certificate 6 of deposit, or irrevocable letter of credit. In the event the director sues 7 and obtains a judgment against the commodity dealer and/or his surety or bank 8 for payment of such damages under thissectionchapter, he shall be entitled 9 to recover a reasonable attorney's fee. 10 SECTION 5. An emergency existing therefor, which emergency is hereby 11 declared to exist, this act shall be in full force and effect on and after its 12 passage and approval.
STATEMENT OF PURPOSE RS 12819 Amends the Commodity Dealer law to revise how bonds are calculated. Bonds, certificates of deposit and letters of credit will be calculated at 6% of indebtedness paid and owed or estimated to be paid and owed to producers, whichever is greater. Removes the minimum bond requirement. This amendment allows for one bond to cover the Commodity Dealer law and the Seed Indemnity Fund Law. Authorizes the department of agriculture to make copies of certain books, records, papers, and accounts of commodity dealers. Adds clarity to nomenclature. An emergency exists because some commodity dealers are acting as seed buyers, which also requires a bond, and the seed buyer license renewals are on July 1. Bonds run concurrent with the license period. FISCAL IMPACT There will be no impact to the general fund. Any fiscal impact to commodity dealers will vary depending on the size of the operation. The bond calculation change will create a more equitable business environment between warehouses, commodity dealers and seed buyers as will as limit the exposure to the commodity indemnity fund and the seed indemnity fund. Contact Name: Russ Dapsauski, Department of Agriculture Phone: 332-8612 STATEMENT OF PURPOSE/FISCAL NOTE H 154