reglab/housing_qa huggingface dataset:
MT Code § 80-4-503 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-503. Fees of department

  80-4-503. Fees of department. (1) The department shall collect an annual warehouse operator license fee of $232 for each warehouse owned or operated by the warehouse operator.   (2) If, after evaluation of the commodity dealer/public warehouse operator program, the department determines that revenue from license fees is inadequate to accomplish the purposes of this chapter, the department may by rule increase the license fees, but the fee may not exceed $500 for a facility.   (3) The department shall collect a fee of $150 a day or fraction of a day for maintaining an employee of the department at a warehouse to supervise the correction of a deficiency.   (4) All license fees collected under subsection (1) and deficiency fees collected under subsection (3) must be deposited into the commodity dealer/public warehouse operators account.   History: En. Sec. 24, Ch. 539, L. 1983; amd. Sec. 4, Ch. 620, L. 1987; amd. Sec. 6, Ch. 452, L. 1993.
MT Code § 80-4-504 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-504. Bond of applicant for license -- additional bond -- additional obligations

  80-4-504. Bond of applicant for license -- additional bond -- additional obligations. (1) Each applicant for a warehouse operator's license shall file a bond or its equivalent, as established by department rule, with the department. The bond must be in the form and must contain the terms and conditions that the department may prescribe by rule to carry out the purpose of 80-4-505 and this section.   (2) The department may demand an additional bond if the nature or volume of the business conducted by the warehouse operator warrants an increase.   (3) The warehouse operator may give a single bond to cover all warehouses operated by the operator.   (4) Any changes in the capacity of a warehouse or installation of any new warehouse involving a change in the bond liability under 80-4-505 must be reported in writing to the director, and an appropriate bond must be filed prior to the operation of the warehouse or installation.   History: En. Sec. 25, Ch. 539, L. 1983; amd. Sec. 2, Ch. 578, L. 1985; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 2579, Ch. 56, L. 2009.
MT Code § 80-4-505 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-505. Amount of bond -- cancellation

  80-4-505. Amount of bond -- cancellation. (1) The amount of the bond to be furnished for each warehouse must be fixed at a rate of 20 cents per hundredweight for the first 500,000 hundredweight of licensed capacity; 15 cents per hundredweight for the next 500,000 hundredweight of licensed capacity; and 10 cents per hundredweight for all licensed capacity over 1 million hundredweight. The amount of the bond may not be less than $20,000 or more than the maximum prescribed in 80-4-405. The licensed capacity is the maximum number of hundredweight of agricultural commodities that the warehouse can accommodate.   (2) If a warehouse operator is also operating as a commodity dealer, the warehouse operator shall also provide a bond as prescribed in 80-4-604.   (3) If a deficiency occurs in the equity required under 80-4-506, there must be added to the amount of bond determined in accordance with subsection (1) an amount equal to that deficiency.   (4) Each warehouse operator bond runs continuously with the license until canceled by the bonding company.   (5) A 60-day written notice must be given to the department by the bonding company before any bond is canceled; however, the cancellation does not terminate any liability of the surety incurred prior to the date of cancellation.   History: En. Sec. 26, Ch. 539, L. 1983; amd. Sec. 3, Ch. 578, L. 1985; amd. Sec. 7, Ch. 452, L. 1993; amd. Sec. 5, Ch. 175, L. 2011.
MT Code § 80-4-506 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-506. Equity requirements

  80-4-506. Equity requirements. (1) Each licensee or applicant for a license shall maintain, above all exemptions and liabilities, total equity liable for the payment of any indebtedness arising from the conduct of the warehouse or warehouses of at least 40 cents per hundredweight of all agricultural commodities that the licensee's or applicant's warehouse or warehouses can accommodate.   (2) A person may not be licensed as a warehouse operator unless the person has and maintains allowable positive equity.   (3) Assets must be valued at original cost less depreciation, except that upon written request filed with the department, the director may allow asset valuations in accordance with a competent appraisal.   (4) In determining total equity, credit may be given for insurable property, such as buildings, machinery, equipment, and merchandise inventory, only to the extent that the property is protected by insurance against loss or damage by fire. The insurance must be in the form of lawful policies issued by one or more insurance companies authorized to do business and subject to service of process in suits brought in this state.   (5) If a warehouse operator is licensed or applies for licenses to operate two or more warehouses, the maximum number of hundredweight that all warehouses will accommodate must be considered in determining whether the warehouse operator meets the equity requirements specified in this section.   History: En. Sec. 27, Ch. 539, L. 1983; amd. Sec. 4, Ch. 578, L. 1985; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 2580, Ch. 56, L. 2009; amd. Sec. 6, Ch. 175, L. 2011.
MT Code § 80-4-507 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-507. through 80-4-520 reserved

  80-4-507 through 80-4-520 reserved.
MT Code § 80-4-521 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-521. Duties of warehouse operator -- content of records

  80-4-521. Duties of warehouse operator -- content of records. (1) Each warehouse operator shall maintain in a safe place current and complete records at all times with respect to all agricultural commodities stored, conditioned, handled, or shipped by the operator, including agricultural commodities owned by the operator. The records must include but are not limited to a daily position record, showing the total quantity of each kind and class of agricultural commodity received and loaded out and the amount remaining in storage at the close of each business day and the warehouse operator's total storage obligations for each kind and class of agricultural commodity at the close of each business day.   (2) Each warehouse operator purchasing any agricultural commodity from a depositor shall promptly make and keep for 5 years a correct record showing in detail the following information:   (a) the name and address of the depositor;   (b) the date purchased;   (c) the terms of the sale; and   (d) the quality and quantity purchased by the warehouse operator and, when applicable, the dockage, tare, grade, size, and net weight.   History: En. Sec. 28, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 2581, Ch. 56, L. 2009.
MT Code § 80-4-522 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-522. Schedule of charges -- posting

  80-4-522. Schedule of charges -- posting. (1) Before a license to conduct a warehouse is granted, the warehouse operator shall file with the director a copy of the schedule of charges for storage and other services. The schedule must be posted in a conspicuous place in the warehouse.   (2) All charges made by a warehouse operator for the handling and storage of agricultural commodities must be just and reasonable. However, the director may, upon the complaint of any person or upon the director's own motion, hold a public hearing and may declare any existing charges for handling or storage of any agricultural commodity to be unreasonable or unjust. After the hearing, the director shall determine and order what is a just and reasonable charge to be imposed or enforced in place of that found to be unreasonable or unjust.   (3) Failure to file and post scheduled charges for the current year will keep in full force the most recently posted and filed schedule rates.   (4) In all cases, the producers must receive the first 15 days of storage without charge.   History: En. Sec. 29, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 2582, Ch. 56, L. 2009.
MT Code § 80-4-523 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-523. Required receipt of agricultural commodities according to capacity

  80-4-523. Required receipt of agricultural commodities according to capacity. A warehouse operator must receive for storage, conditioning, handling, or shipment without discrimination of any kind, so far as the capacity of the operator's warehouse will permit, all agricultural commodities tendered to the operator in the usual course of business in suitable condition for storage. However, a warehouse operator may not be compelled to accept and hold agricultural commodities for storage in quantities that block the operator's regular cash agricultural commodity business. A warehouse operator may not be required to accept agricultural commodities for storage in excess of working capacity. However, the operator's appointment of space may be modified by rule upon proof that the appointment operates to the disadvantage of either the public or the warehouse operator.   History: En. Sec. 30, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 2583, Ch. 56, L. 2009.
MT Code § 80-4-524 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-524. Discrimination in charge by warehouse operator prohibited

  80-4-524. Discrimination in charge by warehouse operator prohibited. A warehouse operator may not directly or indirectly, by a special charge, rebate, drawback, or other device, collect from any person a greater or lesser compensation for any service rendered in the storage, conditioning, handling, or shipment of agricultural commodities than the operator collects from any other person for a similar circumstance or condition. A warehouse operator may not make or give any advantage to any person, company, or corporation or subject any person, company, or corporation to any undue or unreasonable prejudice or disadvantage.   History: En. Sec. 31, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 2584, Ch. 56, L. 2009.
MT Code § 80-4-525 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-525. Scale weight tickets -- form -- issuance

  80-4-525. Scale weight tickets -- form -- issuance. (1) Scale weight tickets must be bound in books of convenient size and must be numbered consecutively. The original scale weight ticket must be delivered to the person from whom the agricultural commodities are received. One carbon copy of each scale weight ticket must remain as a permanent record.   (2) A scale weight ticket must be issued for each load of agricultural commodity received by the warehouse operator.   (3) A scale weight ticket may not be issued or held in lieu of a warehouse receipt. However, an agricultural commodity under scale weight ticket is considered warehoused liability, and title remains with the depositor until:   (a) the agricultural commodity is sold under a purchase contract;   (b) the agricultural commodity is paid for under 80-4-608; or   (c) a warehouse receipt is issued.   (4) There must be plainly printed across the face of the scale weight ticket issued by the warehouse operator, in bold type, the words "THIS IS NOT A WAREHOUSE RECEIPT. IT MUST BE EXCHANGED FOR A WAREHOUSE RECEIPT IF GRAIN IS HELD IN STORAGE".   (5) All scale weight tickets must be signed by the warehouse operator or the warehouse operator's agent.   (6) All scale weight tickets must be converted into cash or warehouse receipts on demand.   History: En. Sec. 32, Ch. 539, L. 1983; amd. Sec. 3, Ch. 299, L. 1991; amd. Sec. 8, Ch. 452, L. 1993.
MT Code § 80-4-526 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-526. Warehouse receipts -- written terms

  80-4-526. Warehouse receipts -- written terms. (1) Warehouse receipts under this part must contain in written terms:   (a) a statement that the warehouse is operated under a license issued by the department;   (b) a statement showing whether it is an original, duplicate, triplicate, or other copy;   (c) a statement showing the name of the warehouse;   (d) a statement showing the name of the city or town where the warehouse is located;   (e) the date the warehouse receipt is issued;   (f) the number of the warehouse receipt. All receipts must be numbered consecutively.   (g) a statement that the grain is "received in store" from the person named;   (h) a statement of gross weight, dockage, and net weight and the sample report used for grade and protein analysis;   (i) a statement of encumbrances, such as cash or other advances;   (j) a statement that, upon the return of the receipt properly endorsed by the person to whom the order was issued and the payment of the proper charges for storing and handling, delivery will be made in accordance with this part;   (k) a statement that the grain is properly insured for the benefit of the owner; and   (l) the name of the manager or agent of the warehouse.   (2) The face of the warehouse receipt may also provide for other statements, such as:   (a) the scale weight ticket numbers or the assembly sheet number;   (b) the grade; and   (c) the protein certificate used.   (3) The back of the warehouse receipt may include printed statements, such as:   (a) delivery provisions;   (b) actual-delivery-of-grain provisions;   (c) bailment provisions provided for in Title 30, chapter 7, part 2, that do not conflict with this part;   (d) act-of-God provisions;   (e) nonnegotiable provisions; and   (f) endorsements and other statements pertinent to bookkeeping data whenever the statements do not conflict with any state or federal law pertaining to public warehousing or the grading or testing of grain.   (4) A copy of the warehouse receipt issued by the warehouse operator must accompany each application for a warehouse operator's license.   History: En. Sec. 33, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 3, Ch. 168, L. 2001.
MT Code § 80-4-528 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-528. Penalty for unlawful issue of warehouse receipts

  80-4-528. Penalty for unlawful issue of warehouse receipts. A person violating any of the provisions of 80-4-527 or a designated employee knowingly permitting any agricultural commodity to be delivered contrary to the provisions of 80-4-527 is guilty of a misdemeanor and punishable as provided in 80-4-429.   History: En. Sec. 35, Ch. 539, L. 1983.
MT Code § 80-4-529 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-529. Partial withdrawal of agricultural commodities -- adjustment or substitution of receipt -- duties of warehouse operator

  80-4-529. Partial withdrawal of agricultural commodities -- adjustment or substitution of receipt -- duties of warehouse operator. When partial withdrawal of a depositor's agricultural commodity is made by a depositor, the warehouse operator shall make an appropriate notation on the depositor's warehouse receipt or claim or shall cancel and replace it with a warehouse receipt showing the amount of the depositor's agricultural commodity remaining in the warehouse. The warehouse operator is liable for the redelivery of all agricultural commodities specified on all outstanding warehouse receipts.   History: En. Sec. 36, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 2585, Ch. 56, L. 2009.
MT Code § 80-4-530 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-530. Shipment of stored grain to terminal grain warehouse outside state

  80-4-530. Shipment of stored grain to terminal grain warehouse outside state. (1) Warehouse receipts or signed agreements from the owners of grain, on a form approved by the department and in an amount equal to the number of bushels the warehouse operator has in a terminal grain warehouse outside the state, are required for all grain shipped out of state by a warehouse operator.   (2) Warehouse receipts covering grain in terminal grain warehouses outside the state must have the words "Owner waives redelivery at point of origin of grain represented by this receipt" printed or stamped on the back.   (3) Waivers or agreements to accept terminal warehouse receipts must be signed in triplicate by the owner of the grain or the owner's agent and by an authorized representative of the warehouse, with:   (a) the original to be mailed to the department;   (b) the duplicate copy to be retained by the warehouse operator; and   (c) the triplicate copy to be given to the holder of the warehouse receipt.   (4) All grain must be held in bonded and approved terminal warehouses, fully insured for the benefit of the holder of Montana warehouse receipts.   (5) Grain held in terminal warehouses is not subject to any lien, mortgage, or encumbrance.   History: En. Sec. 37, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 2586, Ch. 56, L. 2009.
MT Code § 80-4-532 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-532. Delivery of grain from different warehouse

  80-4-532. Delivery of grain from different warehouse. (1) Any warehouse operator owning or operating more than one warehouse in this state may deliver grain from one warehouse in settlement of warehouse receipts issued for grain stored in another warehouse when grain for storage has been presented at any warehouse in excess of its available storage capacity.   (2) Nothing in subsection (1) confers upon the warehouse operator a right to make delivery of grain of substantially lower value than that delivered for storage, though of the same technical grade, in settlement of warehouse receipts.   (3) The warehouse operator shall at all times keep on hand in bonded warehouses grain of sufficient quality and quantity to settle all outstanding warehouse receipts.   (4) Freight and other charges must be determined at the point of receipt.   History: En. Sec. 39, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993.
MT Code § 80-4-533 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-533. Loss of receipts -- conditions of reissue

  80-4-533. Loss of receipts -- conditions of reissue. While an original warehouse receipt is outstanding and uncanceled by the issuing warehouse operator, no other or further receipt may be issued for the agricultural commodity or any part of it covered thereby. However, if a warehouse receipt is lost or destroyed, a new receipt may be issued upon giving satisfactory security in compliance with rules adopted by the department. The new receipt must contain the same terms and conditions and must bear on its face the number and date of the receipt in lieu of which it is issued.   History: En. Sec. 40, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993.
MT Code § 80-4-534 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-534. Cancellation of insurance -- suspension of license

  80-4-534. Cancellation of insurance -- suspension of license. Upon cancellation of any policy of insurance required by 80-4-502 and 80-4-506, the insurance company involved shall give 30 days' advance notice to the department by certified mail, return receipt requested, of cancellation of the policy. If the policy is canceled, the department shall immediately suspend the license of such uninsured warehouse operator without a hearing, pursuant to the Montana Administrative Procedure Act. The suspension may not be removed until satisfactory evidence of the existence of an effective policy of insurance complying with the requirements of 80-4-502 and 80-4-506 has been submitted to the department or until further order by the department or a court of competent jurisdiction.   History: En. Sec. 41, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993.
MT Code § 80-4-535 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-535. Repealed

  80-4-535. Repealed. Sec. 22, Ch. 76, L. 1997.   History: En. Sec. 42, Ch. 539, L. 1983.
MT Code § 80-4-536 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 4. Agricultural Commodities|Part 5. Agricultural Commodity Warehouse Operators|80-4-536. Termination of storage contract -- sale of agricultural commodities for charges -- notice required

  80-4-536. Termination of storage contract -- sale of agricultural commodities for charges -- notice required. (1) Storage of agricultural commodities may be terminated by the depositor at any time by the payment or tender of all legal charges and the surrender of the warehouse receipt, together with a demand for delivery of the agricultural commodities or a notice to the warehouse operator to sell the commodities.   (2) In the absence of a demand for delivery, order to sell, or mutual agreement for the renewal of the storage contract entered into prior to the expiration of the storage contract, the warehouse operator may, upon the expiration of the storage contract, sell so much of the stored agricultural commodities at the local market price at the close of business on that day as is sufficient to pay the accrued storage charges. The warehouse operator shall then issue new warehouse receipts for the balance of the agricultural commodity to the depositor upon the depositor's surrender of the original warehouse receipts. If the warehouse receipt is not returned, the warehouse operator may apply for an encumbrance to the grain settlement records for outstanding storage in lieu of reissuance of the warehouse receipt subject to the provisions of subsection (3). The warehouse operator shall notify all warehouse receipt holders who are subject to the provisions of subsection (3) of the provisions of this section 30 days prior to the end of the license year.   (3) All storage contracts on agricultural commodities evidenced by a warehouse receipt must be terminated within 3 license years. The termination date for those storage contracts must be calculated by considering the license year during which the contract was issued as the first license year, plus 2 additional license years, for a total of 3 license years.   History: En. Sec. 43, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993; amd. Sec. 8, Ch. 76, L. 1997.