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S1313aa.............................................by AGRICULTURAL AFFAIRS BONDED WAREHOUSES - Amends existing law to provide for annual notification by every licensed warehouseman to each individual having an interest in certain agricultural commodities stored in their warehouse, or having an interest in any open credit sales contract related to an agricultural commodity with the warehouseman, for the purpose of confirming such interest; to provide requirements relating to the notification; to provide for certain voluntary annual notifications; and to provide an exception to notification requirements. 02/13 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to Agric Aff 02/25 Rpt out - to 14th Ord 03/02 Rpt out amen - to engros 03/03 Rpt engros - 1st rdg - to 2nd rdg as amen 03/04 2nd rdg - to 3rd rdg as amen 03/09 3rd rdg as amen - PASSED - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Noh Title apvd - to House 03/10 House intro - 1st rdg - to Agric Aff 03/17 Rpt out - rec d/p - to 2nd rdg 03/18 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 61-1-8 AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black, Block, Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker NAYS -- Naccarato Absent and excused -- Bauer, Boe, Bradford, Field(18), Kellogg, Moyle, Ringo, Trail Floor Sponsor - Jones Title apvd - to Senate 03/19 To enrol 03/20 Rpt enrol - Pres signed - Sp signed 03/22 To Governor 03/23 Governor signed Session Law Chapter 146 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1313 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO BONDED WAREHOUSES; AMENDING CHAPTER 2, TITLE 69, IDAHO CODE, BY 3 THE ADDITION OF A NEW SECTION 69-213A, IDAHO CODE, TO PROVIDE FOR ANNUAL 4 NOTIFICATION BY EVERY LICENSED WAREHOUSEMAN TO EACH INDIVIDUAL HAVING AN 5 INTEREST IN ANY AGRICULTURAL COMMODITY STORED IN THEIR WAREHOUSE OR HAVING 6 AN INTEREST IN ANY OPEN CREDIT SALES CONTRACT RELATED TO AN AGRICULTURAL 7 COMMODITY WITH THE WAREHOUSEMAN FOR THE PURPOSE OF CONFIRMING SUCH INTER- 8 EST AND TO PROVIDE REQUIREMENTS RELATING TO THE NOTIFICATION. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Chapter 2, Title 69, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 69-213A, Idaho Code, and to read as follows: 13 69-213A. ANNUAL NOTIFICATION. On or before December 1 of each year, every 14 licensed warehouseman shall send written notification to each individual hav- 15 ing an interest in any agricultural commodity stored in their warehouse, or 16 having an interest in any open credit sales contract related to an agricul- 17 tural commodity with the warehouseman, for the purpose of confirming said 18 interest, which notification shall include the name of the individual, and the 19 type and measurement of the agricultural commodity. Notification shall be sent 20 by United States mail, postage prepaid to the last known address of each indi- 21 vidual. Warehousemen shall maintain a record of the names and addresses of the 22 individuals to whom notification was sent.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004Moved by Noh Seconded by Williams IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1313 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 13, delete "On" and insert: 3 "Beginning in the year 2005, on"; in line 15, following "warehouse" insert: 4 "for a period of thirty-six (36) months or more"; and in line 22, following 5 "sent." insert: "A warehouseman may voluntarily elect to provide annual noti- 6 fication to any individual having an interest in any agricultural commodity 7 stored in their warehouse for a period of less than thirty-six (36) months. 8 Notwithstanding any other provision of this section, a warehouseman shall not 9 be required to send annual notification to any individual having an interest 10 in any agricultural commodity stored in their warehouse that was produced on 11 lands owned by an Indian tribe as defined in section 67-4001, Idaho Code.". 12 CORRECTIONS TO TITLE 13 On page 1, in line 5, delete "ANY" and insert: "CERTAIN"; also in line 5, 14 delete "COMMODITY" and insert: "COMMODITIES"; in line 8, delete "AND" and 15 insert ","; and also in line 8, following "NOTIFICATION" insert: ", TO PROVIDE 16 FOR CERTAIN VOLUNTARY ANNUAL NOTIFICATION AND TO PROVIDE AN EXCEPTION TO NOTI- 17 FICATION REQUIREMENTS".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1313, As Amended BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO BONDED WAREHOUSES; AMENDING CHAPTER 2, TITLE 69, IDAHO CODE, BY 3 THE ADDITION OF A NEW SECTION 69-213A, IDAHO CODE, TO PROVIDE FOR ANNUAL 4 NOTIFICATION BY EVERY LICENSED WAREHOUSEMAN TO EACH INDIVIDUAL HAVING AN 5 INTEREST IN CERTAIN AGRICULTURAL COMMODITIES STORED IN THEIR WAREHOUSE OR 6 HAVING AN INTEREST IN ANY OPEN CREDIT SALES CONTRACT RELATED TO AN AGRI- 7 CULTURAL COMMODITY WITH THE WAREHOUSEMAN FOR THE PURPOSE OF CONFIRMING 8 SUCH INTEREST, TO PROVIDE REQUIREMENTS RELATING TO THE NOTIFICATION, TO 9 PROVIDE FOR CERTAIN VOLUNTARY ANNUAL NOTIFICATION AND TO PROVIDE AN EXCEP- 10 TION TO NOTIFICATION REQUIREMENTS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Chapter 2, Title 69, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 14 ignated as Section 69-213A, Idaho Code, and to read as follows: 15 69-213A. ANNUAL NOTIFICATION. Beginning in the year 2005, on or before 16 December 1 of each year, every licensed warehouseman shall send written noti- 17 fication to each individual having an interest in any agricultural commodity 18 stored in their warehouse for a period of thirty-six (36) months or more, or 19 having an interest in any open credit sales contract related to an agricul- 20 tural commodity with the warehouseman, for the purpose of confirming said 21 interest, which notification shall include the name of the individual, and the 22 type and measurement of the agricultural commodity. Notification shall be sent 23 by United States mail, postage prepaid to the last known address of each indi- 24 vidual. Warehousemen shall maintain a record of the names and addresses of the 25 individuals to whom notification was sent. A warehouseman may voluntarily 26 elect to provide annual notification to any individual having an interest in 27 any agricultural commodity stored in their warehouse for a period of less than 28 thirty-six (36) months. Notwithstanding any other provision of this section, a 29 warehouseman shall not be required to send annual notification to any individ- 30 ual having an interest in any agricultural commodity stored in their warehouse 31 that was produced on lands owned by an Indian tribe as defined in section 32 67-4001, Idaho Code.
STATEMENT OF PURPOSE RS 13691 There is currently no inventory reporting to the owners of grain or other commodities in storage at Idaho warehouses. Usually, the longer the commodity is in storage the greater the storage charges, which often accumulate until there is a sale of the commodity initiated by the owner. Owners of such commodities may be elderly or live in other states or towns remote from the warehouse or the land which they own. It is very easy for such owners to just forget they have such assets in storage, and no notice from the warehouse may be given for years. This proposal would simply require a yearly reporting through the U.S. Postal Service to the last address of record of the owner of such stored commodities by the warehouse. FISCAL IMPACT None on the general fund or local governments. Costs should be minimal to the warehouse. It may be that as owners realize they have salable commodities they will sell them and some added tax revenue could be generated. Legal fees may also be reduced. Contact Name: Senator Laird Noh Phone: 332-1333 STATEMENT OF PURPOSE/FISCAL NOTE S 1313