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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 - 2004
IN 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 - 2004
Moved 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 - 2004
IN 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