reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 2 - BONDED WAREHOUSE LAW › Section 69-261 - ADVISORY COMMITTEE — TERMS — COMPENSATION.

69-261. ADVISORY COMMITTEE — TERMS — COMPENSATION. (1) There is hereby created a commodity indemnity fund advisory committee consisting of nine (9) members to be appointed by the director. Appointments shall be for up to three (3) year terms, each term ending on the same day of the same month as did the term preceding it. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall hold office for the remainder of the predecessor’s term.
(2) The committee shall be composed of six (6) producers primarily engaged in the production of commodities, and three (3) licensed bonded warehousemen or licensed commodity dealers.
(3) The committee shall meet at such places and times as it shall determine and as often as necessary to discharge the duties imposed upon it, provided, it shall meet not less than twice per year. Each committee member shall be compensated in accordance with section 59-509(o), Idaho Code, for travel and subsistence expense. The expenses of the committee and its operation shall be paid from the commodity indemnity fund.
(4) The committee shall have the power and duty to advise the director concerning assessments, administration of the commodity indemnity fund, and payment of claims from the fund. Every two (2) years the committee will review the maximum limits of the fund and give advice to the director.
History:
[69-261, added 1988, ch. 350, sec. 2, p. 1037; am. 1989, ch. 320, sec. 6, p. 830; am. 1998, ch. 124, sec. 1, p. 461; am. 2002, ch. 259, sec. 42, p. 777; am. 2004, ch. 172, sec. 1, p. 550.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 2 - BONDED WAREHOUSE LAW › Section 69-263 - FAILURE TO FILE — LOSS OF CLAIM ON FUND.

69-263. FAILURE TO FILE — LOSS OF CLAIM ON FUND. If a producer, after notification, refuses or neglects to file in the office of the director his verified claim against a warehouseman or dealer as requested by the director within ninety (90) days from the date of the notice, the director shall thereupon be relieved of responsibility for taking action with respect to such claim later asserted and no such claim shall be paid from the commodity indemnity fund. No claim shall be paid from the fund if a producer files his claim more than two (2) years from the date of sale of the commodity. Provided however, for those claims that are based on contracts containing no readily calculable sale value of the commodity for the producer, no claim shall be paid from the fund if a producer files his claim more than one hundred eighty (180) days from the date the contract is executed.
History:
[69-263, added 1988, ch. 350, sec. 2, p. 1039; am. 1990, ch. 183, sec. 11, p. 406; am. 2001, ch. 304, sec. 14, p. 1110; am. 2002, ch. 259, sec. 44, p. 779; am. 2003, ch. 131, sec. 1, p. 384.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 2 - BONDED WAREHOUSE LAW › Section 69-264 - MINIMUM BALANCE — SUBSEQUENT PAYMENTS.

69-264. MINIMUM BALANCE — SUBSEQUENT PAYMENTS. The minimum balance in the commodity indemnity fund, which shall be used exclusively for purposes of paying claimants pursuant to this chapter and chapter 5, title 69, Idaho Code, shall be two hundred fifty thousand dollars ($250,000). At no time shall the balance be allowed to fall below the minimum balance. The director may pay claims, on a pro rata basis if necessary, until the minimum balance is reached. If the director cannot fully pay a claim before the minimum balance is reached, he shall, when the commodity indemnity fund contains sufficient funds, pay off the claim. After three (3) years from the date a claim is approved, the fund shall not be liable for any unpaid amounts.
History:
[69-264, added 1989, ch. 320, sec. 9, p. 832; am. 2001, ch. 304, sec. 15, p. 1110; am. 2002, ch. 259, sec. 45, p. 779; am. 2009, ch. 39, sec. 2, p. 113.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 2 - BONDED WAREHOUSE LAW › Section 69-266 - PAYMENT FROM FUND — DEBT OF WAREHOUSEMAN OR DEALER OR SURETY — REIMBURSEMENT — ACCRUAL OF CAUSE OF ACTION.

69-266. PAYMENT FROM FUND — DEBT OF WAREHOUSEMAN OR DEALER OR SURETY — REIMBURSEMENT — ACCRUAL OF CAUSE OF ACTION. Amounts paid from the commodity indemnity fund in satisfaction of any approved claim shall constitute a debt and obligation of the warehouseman, dealer, or surety against whom the claim was made. The director may bring suit on behalf of the commodity indemnity fund in the district court of Ada county to recover from the warehouseman, dealer, or surety the amount of the payment made from the commodity indemnity fund, together with costs and attorney’s fees incurred in maintaining the suit. In the event the department initiates an action against a warehouseman, dealer, or surety the department’s claim is deemed to accrue and relate back to the time that each producer who received a commodity indemnity fund payment incurred a loss in the facility. In no event shall a commodity indemnity fund payment be deemed to be beyond the reimbursement from the warehouseman, dealer, or surety merely because the payment may have occurred after the facility closed. Any recovery for reimbursement to the fund shall bear interest at the statutory rate from the date of failure.
History:
[69-266, added 1988, ch. 350, sec. 2, p. 1039; am. 1996, ch. 34, sec. 2, p. 87; am. 2002, ch. 259, sec. 46, p. 779.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 2 - BONDED WAREHOUSE LAW › Section 69-267 - CLAIM AGAINST WAREHOUSEMAN OR DEALER — DIRECTOR’S REMEDIES.

69-267. CLAIM AGAINST WAREHOUSEMAN OR DEALER — DIRECTOR’S REMEDIES. The department may deny, suspend, or revoke the license of any warehouseman or dealer against whom a claim has been made, approved, and paid from the commodity indemnity fund. Proceedings for the denial, suspension, or revocation shall be subject to the provisions of title 67, chapter 52, Idaho Code.
History:
[69-267, added 1988, ch. 350, sec. 2, p. 1040; am. 2002, ch. 259, sec. 47, p. 780.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-504 - LICENSE ISSUANCE — RENEWAL — EXPIRATION.

69-504. LICENSE ISSUANCE — RENEWAL — EXPIRATION. (1) The department shall issue a license when the applicant has filed the application and complied with the terms and conditions of the provisions of this chapter and the rules of the department. The license shall expire on December 31 of each year.
(2) A commodity dealer’s license may be renewed annually by submitting all necessary licensing materials required by the provisions of this chapter. This material shall be received by the department before December 31 of each year.
(3) A commodity dealer’s license which has expired may be reinstated by the department upon receipt of all necessary licensing materials required by the provisions of this chapter and a reinstatement fee in the amount of five hundred dollars ($500); providing, that this material is filed within thirty (30) days from the date of expiration of the commodity dealer’s license. At the end of the thirty (30) day reinstatement period, a commodity dealer’s license shall terminate. All license applications received after the thirty (30) day reinstatement period shall be considered original applications and, after the five hundred dollar ($500) reinstatement fee has been remitted to the department, license fees shall be assessed according to section 69-508(1), Idaho Code.
(4) A license may terminate upon request of the licensee unless a complaint has been filed against the licensee alleging a violation of any provision of this chapter. A commodity dealer’s license is not transferable between legal entities.
(5) If an applicant has had a license revoked under the provisions of chapter 2 or 5, title 69, Idaho Code, or the United States warehouse act within the past three (3) years or been convicted of a violation of the provisions of chapter 2 or 5, title 69, Idaho Code, or the United States warehouse act within the past three (3) years, the department may deny a commodity dealer’s license to the applicant.
(6) Any partnership with a partner or any corporation, limited liability company or any association which has an officer, director or majority stockholder owning at least ten percent (10%) of issued stock who has had a license revoked under the provisions of chapter 2 or 5, title 69, Idaho Code, or the United States warehouse act within the previous three (3) years or has been convicted of a felony involving violations of the provisions of chapter 2 or 5, title 69, Idaho Code, or the United States warehouse act, may be denied a commodity dealer’s license by the department.
History:
[69-504, added 1982, ch. 94, sec. 2, p. 179; am. 1983, ch. 116, sec. 3, p. 252; am. 2002, ch. 258, sec. 2, p. 751.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-505 - EXEMPTIONS.

69-505. EXEMPTIONS. Any person currently licensed under chapter 2, title 69, Idaho Code, is exempt from the licensing provisions of this chapter.
History:
[69-505, added 1982, ch. 94, sec. 2, p. 180.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-507 - SUSPENSION OR REVOCATION OF A LICENSE.

69-507. SUSPENSION OR REVOCATION OF A LICENSE. The director may, after opportunity for hearing has been afforded to the licensee concerned, suspend or revoke any license issued to any commodity dealer under the provisions of this chapter for any violation of or failure to comply with any provisions of this chapter or the rules and regulations made hereunder. Pending investigation, the director whenever he deems necessary may temporarily suspend a license without a hearing.
History:
[69-507, added 1982, ch. 94, sec. 2, p. 180; am. 1983, ch. 116, sec. 5, p. 253.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-508 - LICENSE FEES.

69-508. LICENSE FEES. (1) The department shall assess and collect an annual fee for each commodity dealer’s license on an original application according to the following schedule:
(a) For a class 1 license the fee shall be three hundred sixty dollars ($360).
(b) For a class 2 license the fee shall be one hundred eighty dollars ($180).
(2) The department shall assess and collect an annual fee for the renewal of each commodity dealer’s license according to the following schedule:
(a) For a class 1 license the renewal fee shall be sixty-five dollars ($65.00).
(b) For a class 2 license the renewal fee shall be thirty-five dollars ($35.00).
(3) All license fees, assessments and moneys collected by the director under the provisions of this chapter shall be deposited into the commodity indemnity fund to be used for the purposes set forth in section 69-256, Idaho Code.
History:
[69-508, added 1982, ch. 94, sec. 2, p. 181; am. 2002, ch. 258, sec. 4, p. 753.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-510 - PAYMENT OF PURCHASE PRICE.

69-510. PAYMENT OF PURCHASE PRICE. A person required to be licensed as a commodity dealer under the provisions of this chapter shall pay the purchase price to the owner or his agent for agricultural commodities upon delivery or demand by the owner or agent, but not later than thirty (30) days after delivery by the owner or agent, unless otherwise agreed to by the parties in writing. As used in this section, "delivery" means the transfer of title to and possession of agricultural commodities by the owner or agent to the commodity dealer or to another person in accordance with the agreement of the owner or agent and the commodity dealer. As used in this section, "payment" means the actual payment or tender of payment by the commodity dealer to the owner or agent of the agreed purchase price.
History:
[69-510, added 1982, ch. 94, sec. 2, p. 181; am. 1983, ch. 116, sec. 6, p. 253; am. 1990, ch. 184, sec. 4, p. 410; am. 2002, ch. 258, sec. 5, p. 753.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-511 - INSPECTION OF PREMISES, BOOKS AND RECORDS — AUTHORIZATION TO COPY.

69-511. INSPECTION OF PREMISES, BOOKS AND RECORDS — AUTHORIZATION TO COPY. The department may inspect the premises used by any commodity dealer in the conduct of his business at any reasonable time. The department is authorized through officials, employees, or agents of the department designated by it, to examine all books, accounts, records and papers pertaining to any commodity or seed crop purchased, contracted for, or in the possession of, any commodity dealer licensed under the provisions of this chapter. A commodity dealer licensed in this state who does not have a place of business within the state shall, upon the request of the director, make available and furnish to the department at any reasonable time and place the department may set, all books, accounts, records and papers relating to agricultural commodity transactions within the state of Idaho. Where there is good cause to believe that a person is doing business as a commodity dealer in the state of Idaho without a license, the department may inspect the books, papers and records of the person which pertain to agricultural commodity purchases. The department is authorized to make copies of any documents or records relevant to compliance with the provisions of this chapter.
History:
[69-511, added 1982, ch. 94, sec. 2, p. 181; am. 1990, ch. 184, sec. 5, p. 411; am. 2002, ch. 258, sec. 6, p. 753; am. 2003, ch. 149, sec. 2, p. 429.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-512 - PENALTIES.

69-512. PENALTIES. (1) Any person who engages in business as a commodity dealer without obtaining a license or who refuses to permit inspection of licensed premises, books, accounts, records or other documents required by the provisions of this chapter or who uses a scale ticket or credit-sale contract that fails to satisfy the requirements of the provisions of this chapter shall be guilty of a felony and be punished by imprisonment for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or both.
(2) Any person who knowingly submits false information to or who knowingly withholds information from the department when such information is required to be submitted or maintained pursuant to the provisions of this chapter shall be guilty of a felony and be punished by imprisonment for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or both.
(3) Any person who shall misrepresent, forge, alter or counterfeit a license required by the provisions of this chapter, or who shall issue, utter or aid in the issuance or utterance or attempt to issue or utter a false or fraudulent receipt for any commodity shall be guilty of a felony and be punished by imprisonment for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or both.
(4) Any violation of the provisions of this chapter except as provided in subsections (1), (2) or (3) of this section or section 69-520, Idaho Code, shall be a misdemeanor and punishable by imprisonment in a county jail for not more than six (6) months, or by a fine of not more than one thousand dollars ($1,000), or by both.
History:
[69-512, added 1982, ch. 94, sec. 2, p. 182; am. 1983, ch. 116, sec. 7, p. 254.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-513 - INJUNCTION.

69-513. INJUNCTION. Any violation of the provisions of this chapter or any violation involving the business of a commodity dealer may be enjoined upon complaint by the director.
History:
[69-513, added 1982, ch. 94, sec. 2, p. 182.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-514 - CREDIT-SALE CONTRACTS.

69-514. CREDIT-SALE CONTRACTS. (1) A commodity dealer who purchases agricultural commodities by credit-sale contracts shall maintain books, records and other documents as required by the department to establish compliance with the provisions of this section.
(2) In addition to other information as may be required, a credit-sale contract shall contain or make provision for all of the following:
(a) The seller’s name and address;
(b) The conditions of delivery;
(c) The amount and kind of agricultural commodities delivered;
(d) The price per unit or basis of value; and
(e) The date payment is to be made.
(3) Title to all agricultural commodities sold by a contract is in the purchasing dealer as of the time the contract is signed, unless the contract provides otherwise. The contract must be signed by all parties and executed in duplicate. One (1) copy shall be retained by the commodity dealer and one (1) copy shall be delivered to the seller. Upon revocation or termination of a commodity dealer’s license, the payment date for all credit-sale contracts shall be advanced to a date not later than thirty (30) days following the effective date of the revocation or termination and the purchase price for all agricultural commodities without a price shall be determined as of the effective date of revocation or termination in accordance with all other provisions of the contract. However, if the business of the commodity dealer is sold to another licensed commodity dealer, credit-sale contracts may be assigned to the purchaser of the business.
History:
[69-514, added 1982, ch. 94, sec. 2, p. 182; am. 1983, ch. 116, sec. 8, p. 254; am. 1990, ch. 184, sec. 6, p. 411.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-515 - CONFIDENTIAL AND PROTECTED RECORDS.

69-515. CONFIDENTIAL AND PROTECTED RECORDS. Records required by the department including, but not limited to, production summaries, receiving records, conditioning reports, records relating to the payment of agricultural commodities, commodity indemnity fund and seed indemnity fund reporting forms of a commodity dealer, and financial records that are required pursuant to sections 69-503(6) and 69-521, Idaho Code, shall be held confidential and will be protected as production records according to chapter 1, title 74, Idaho Code. These records shall not be subject to disclosure unless specifically authorized in writing by the licensee or as otherwise authorized pursuant to the provisions of chapter 1, title 74, Idaho Code.
History:
[69-515, added 1982, ch. 94, sec. 2, p. 183; am. 1983, ch. 116, sec. 9, p. 255; am. 1990, ch. 213, sec. 105, p. 561; am. 2002, ch. 258, sec. 7, p. 754; am. 2003, ch. 149, sec. 3, p. 429; am. 2015, ch. 141, sec. 191, p. 529.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-516 - STANDARDIZATION OF RECORDS AND DOCUMENTS.

69-516. STANDARDIZATION OF RECORDS AND DOCUMENTS. The department may adopt rules specifying the form and content of scale tickets and credit-sale contracts.
History:
[69-516, added 1982, ch. 94, sec. 2, p. 183; am. 2002, ch. 258, sec. 8, p. 754.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-517 - DIRECTOR’S AUTHORITY.

69-517. DIRECTOR’S AUTHORITY. The director may, upon his own motion, whenever he has reason to believe the provisions of this chapter have been violated, or upon verified complaint of any person in writing, investigate the actions of any commodity dealer licensed under the provisions of this chapter, and if he finds probable cause to do so, shall file a complaint against said commodity dealer which shall be set down for hearing before the director upon thirty (30) days’ notice served upon such license holder either by personal service, registered mail or facsimile prior to such hearing.
The director shall have the power to administer oaths, certify to all official acts and shall have the power to subpoena any person in this state as a witness, to compel through subpoena the production of books, papers and records, and to take the testimony of any person on deposition in the same manner as is prescribed by law in the procedure before the courts of this state. A subpoena issued by the director shall extend to all parts of the state and may be served by any person authorized to do so.
All powers of the director herein enumerated in respect to administering oaths, power of subpoena, and other enumerated powers in hearings on complaints shall likewise be applicable to hearings held on applications for the issuance or renewal of a commodity dealer’s license.
Nothing in this chapter shall be construed to require the director or his authorized representative to report for prosecution or to institute civil, criminal or administrative action against a commodity dealer for a violation of the provisions of this chapter when he believes that public interest will best be served by a suitable warning or other administrative action. The director shall maintain a record of any administrative action involving a commodity dealer with that commodity dealer’s license file.
History:
[69-517, added 1982, ch. 94, sec. 2, p. 183; am. 1983, ch. 116, sec. 10, p. 255; am. 2002, ch. 258, sec. 9, p. 754.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-518 - APPEALS FROM DECISION OF DIRECTOR.

69-518. APPEALS FROM DECISION OF DIRECTOR. The director shall keep a complete transcript of all proceedings and evidence presented in any hearing before him. The commodity dealer or applicant thereof, or any protestant formally appearing at a hearing before the director for such license, or the holder of any commodity dealer license suspended or revoked, or any party to a transfer application may appeal to the district court in accordance with the terms of chapter 52, title 67, Idaho Code.
History:
[69-518, added 1982, ch. 94, sec. 2, p. 184.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-519 - LICENSE DENIAL.

69-519. LICENSE DENIAL. (1) Any person against whose commodity dealer bond a claim has been ordered collected or has actually been collected shall not be licensed by the department for a period of three (3) years from the date of such order or collection. License denial may be waived if the person can show to the satisfaction of the director that full settlement of all claims against the bond has been made. A change in a person’s business name shall not absolve any unsettled claim against that person’s prior bond.
(2) The director shall, after a public hearing, have the right to deny or refuse to issue a license or renewal thereof to an applicant when it is determined that public interest is best served by that denial or refusal.
(3) Upon refusal or denial of a license pursuant to subsection (2) of this section, an applicant may reapply for a license or renewal after a period of ninety (90) days at which time a new hearing will be held to review the application.
(4) The applicant shall have the right of appeal on any decision to refuse or deny a license under subsection (2) of this section to a court of competent jurisdiction.
History:
[69-519, added 1982, ch. 94, sec. 2, p. 184; am. 1983, ch. 116, sec. 11, p. 256.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-520 - DRAWING CHECKS INSUFFICIENTLY COVERED A VIOLATION.

69-520. DRAWING CHECKS INSUFFICIENTLY COVERED A VIOLATION. Any person engaged in business as a commodity dealer, as defined in this chapter, who shall make, draw, utter or deliver any check, draft or order for the payment of money upon any bank or other depository in payment to the seller of the purchase price of any agricultural commodity or any part thereof upon obtaining possession or control thereof, when at the time of such making, drawing, uttering or delivery the maker or drawer has not sufficient funds in or credit with such bank or other depository for the payment of such check, draft or order in full upon its presentation, shall be in violation of the provisions of this chapter. The word "credit" as used herein shall mean an arrangement or understanding with the bank or depository for the payment of such check, draft or order.
History:
[69-520, added 1982, ch. 94, sec. 2, p. 184; am. 1983, ch. 116, sec. 12, p. 256; am. 1990, ch. 184, sec. 7, p. 412.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-521 - FINANCIAL STATEMENTS.

69-521. FINANCIAL STATEMENTS. In order to obtain a commodity dealer’s license, the applicant shall submit an audited or reviewed financial statement prepared by an independent certified public accountant or licensed public accountant, a statement of current assets and current liabilities and a statement of net worth, all of which shall be prepared in accordance with generally accepted accounting principles. This statement must have been prepared not more than ninety (90) days prior to the date of application and shall conform to the applicable requirements of this chapter as to annual financial statements.
Once licensed, every licensee shall annually prepare a financial statement either at the close of business, December 31, or at the end of their fiscal year and file the statement with the department not later than ninety (90) days thereafter. These statements shall be prepared in conformity with generally accepted accounting principles and shall include, but not be limited to, a reviewed financial statement prepared by an independent certified public accountant or licensed public accountant, a statement of current assets and current liabilities, and a statement of net worth.
History:
[69-521, added 1983, ch. 116, sec. 13, p. 257; am. 1989, ch. 300, sec. 3, p. 749; am. 1990, ch. 184, sec. 8, p. 412; am. 2002, ch. 258, sec. 10, p. 755.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-522 - ACTION ON BOND, CERTIFICATE OF DEPOSIT OR IRREVOCABLE LETTER OF CREDIT BY PRODUCERS INJURED.

69-522. ACTION ON BOND, CERTIFICATE OF DEPOSIT OR IRREVOCABLE LETTER OF CREDIT BY PRODUCERS INJURED. Any producer injured by the breach of any obligation for which a bond, certificate of deposit or irrevocable letter of credit is written, under the provisions of section 69-506, Idaho Code, must petition the director to make demand upon the commodity dealer, certificate of deposit, irrevocable letter of credit or bond. The director may thereupon make demand for payment of such damages and in the event such damages are not promptly paid the director may commence an action to enforce payment of such damages. The liability of the bank on a certificate of deposit or irrevocable letter of credit, and the surety upon the bond required to be given by a commodity dealer as provided by section 69-506, Idaho Code, for any one (1) annual licensing period shall be limited to the amount specified in the bond, certificate of deposit, or irrevocable letter of credit and in case of recoveries had by two (2) or more producers for violation of the conditions of this chapter in excess of the amount of the bond, certificate of deposit, or irrevocable letter of credit, such recovery shall be prorated and the total recovery for any one (1) annual licensing period shall not exceed the amount of the bond, certificate of deposit, or irrevocable letter of credit. In the event the director sues and obtains a judgment against the commodity dealer and/or his surety or bank for payment of such damages under this chapter, he shall be entitled to recover a reasonable attorney’s fee.
History:
[69-522, added 1983, ch. 116, sec. 14, p. 257; am. 1990, ch. 184, sec. 9, p. 412; am. 2002, ch. 258, sec. 11, p. 755; am. 2003, ch. 149, sec. 4, p. 429.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-523 - PUBLICATION OF REPORTS.

69-523. PUBLICATION OF REPORTS. The department of agriculture may publish the results of any investigations made under the provisions of this chapter and may publish the names and addresses of persons licensed under this chapter and a list of all licenses terminated under this chapter and the causes therefor.
History:
[69-523, added 1983, ch. 116, sec. 15, p. 257.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-524 - RULES.

69-524. RULES. The department of agriculture shall make such rules as it may deem necessary for the efficient execution of the provisions of this chapter.
History:
[69-524, added 1983, ch. 116, sec. 16, p. 258; am. 2002, ch. 258, sec. 12, p. 756.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-525 - DUTY TO PROSECUTE.

69-525. DUTY TO PROSECUTE. It shall be the duty of each prosecuting attorney to whom any violation is reported by the department to cause appropriate proceedings to be instituted and prosecuted without delay in a court of competent jurisdiction.
History:
[69-525, added 1983, ch. 116, sec. 17, p. 258; am. 2002, ch. 258, sec. 13, p. 756.]
2023 Idaho Code › Title 69 - WAREHOUSES › Chapter 5 - COMMODITY DEALER LAW › Section 69-526 - COOPERATION WITH GOVERNMENTAL AGENCIES AND PRIVATE ASSOCIATIONS.

69-526. COOPERATION WITH GOVERNMENTAL AGENCIES AND PRIVATE ASSOCIATIONS. The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter and the United States warehouse act (7 U.S.C.A. section 241, et seq.). Notwithstanding any other provisions of this chapter, such agreements may also relate to a joint program for licensing, bonding and inspecting stations. Such a program should be designed to avoid duplication of effort on the part of the licensing authority and requirements for operation, and promote more efficient enforcement of the provisions of this chapter and comparable provisions of the laws of the states of Oregon, Washington, Montana, Wyoming, Utah and Nevada and the province of British Columbia, Canada.
History:
[69-526, added 1990, ch. 184, sec. 10, p. 413.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 4 - BOISE RIVER IMPROVEMENTS › Section 70-401 - RIVER IMPROVEMENTS ON BOISE RIVER.

70-401. RIVER IMPROVEMENTS ON BOISE RIVER. River improvements, consisting of levees, jetties, dams, or other preventive measures confining the river in its proper channel, shall be constructed on the Boise River in Ada and Canyon Counties, Idaho. The character and extent of said improvement and the distance that the same shall extend up and down said river shall be determined by the commission herein provided for.
History:
[70-401, added 1937, ch. 27, sec. 1, p. 37.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 4 - BOISE RIVER IMPROVEMENTS › Section 70-402 - COMMISSION CREATED — MEMBERS — COMPENSATION.

70-402. COMMISSION CREATED — MEMBERS — COMPENSATION. There is hereby created a commission which shall have general supervision and control of the construction of said improvements which shall receive the same when completed and certify the completion thereof to the governor of the state of Idaho, and which shall supervise and control the disbursement of the funds provided and appropriated by this act, or so much thereof as may be necessary. Said commission shall consist of the commissioner [director] of reclamation [the department of water resources], and two (2) commissioners to be appointed by the governor of the state of Idaho, one (1) of whom shall be a citizen and resident of Ada County, and one (1) of whom shall be a citizen and resident of Canyon County. For their services as such commissioners, with the exception of the commissioner [director] of reclamation [the department of water resources], they shall each receive their actual and necessary expenses, and the sum of five dollars ($5.00) per day for each and every day’s services upon the work or in connection therewith, incurred while actually and necessarily engaged in the discharge of their duties.
Provided, that the two (2) appointive members of said commission shall be chosen immediately upon the passage and approval of this act, and said commission shall forthwith enter upon its duties.
History:
[70-402, added 1937, ch. 27, sec. 2, p. 37.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 4 - BOISE RIVER IMPROVEMENTS › Section 70-403 - TERMINATION OF COMMISSION UPON COMPLETION OF IMPROVEMENTS.

70-403. TERMINATION OF COMMISSION UPON COMPLETION OF IMPROVEMENTS. Upon the completion of the construction of the said improvements and issuance of the certificate of completion thereof to the governor of the state of Idaho, the commission provided for in section 70-402[, Idaho Code,] shall cease to exist.
History:
[70-403, added 1937, ch. 27, sec. 3, p. 37.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 4 - BOISE RIVER IMPROVEMENTS › Section 70-404 - DUTIES OF COMMISSIONER [DIRECTOR] OF RECLAMATION [THE DEPARTMENT OF WATER RESOURCES].

70-404. DUTIES OF COMMISSIONER [DIRECTOR] OF RECLAMATION [THE DEPARTMENT OF WATER RESOURCES]. The manner, character and extent of said improvement shall be determined by the commissioner [director] of reclamation [the department of water resources]. The commissioner [director] of reclamation [the department of water resources] shall, under the direction of the commission, assume charge of the engineering features of the work and such expense as may be necessary in connection with said engineering work shall be a charge against the funds herein provided.
History:
[70-404, added 1937, ch. 27, sec. 4, p. 37.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 4 - BOISE RIVER IMPROVEMENTS › Section 70-405 - LETTING WORK BY CONTRACT TO BIDDERS — BOND.

70-405. LETTING WORK BY CONTRACT TO BIDDERS — BOND. The commission may, in its discretion, let the work herein provided for, by contract to the lowest and best bidder who shall be required to give a good and sufficient bond for the construction and completion of the said work, or the commission may employ such other means of completing and performing the work herein provided for, as in their judgment may be deemed most expedient and in the public interest.
History:
[70-405, added 1937, ch. 27, sec. 5, p. 37.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 4 - BOISE RIVER IMPROVEMENTS › Section 70-406 - COST OF ENGINEERING WORK A CHARGE AGAINST FUNDS.

70-406. COST OF ENGINEERING WORK A CHARGE AGAINST FUNDS. The cost and charges for engineering work for the said improvements and the expenses of the commission, together with payment of their services as provided for in section 70-402, [Idaho Code,] shall be included as a part of the cost of constructing the said improvement and shall be a charge against the funds herein provided for.
History:
[70-406, added 1937, ch. 27, sec. 6, p. 37.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 5 - OUTLET CONTROL STRUCTURES › Section 70-501 - OUTLET CONTROL STRUCTURE FOR PRIEST LAKE AUTHORIZED.

70-501. OUTLET CONTROL STRUCTURE FOR PRIEST LAKE AUTHORIZED. The state reclamation engineer is hereby authorized to prepare plans and specifications for the construction of an outlet control structure to be located in Priest River which will regulate the level of Priest Lake, located in Bonner County, Idaho, at a level which will preserve for the use of the people the beach, boating and other recreational facilities which are now located on said lake.
History:
[70-501, added 1950 (E.S.), ch. 61, sec. 1, p. 87.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 5 - OUTLET CONTROL STRUCTURES › Section 70-502 - CONSTRUCTION COMMENCED ON APPROVAL OF PLANS AND SPECIFICATIONS.

70-502. CONSTRUCTION COMMENCED ON APPROVAL OF PLANS AND SPECIFICATIONS. Upon approval by the board of examiners of the plans and specifications authorized to be prepared by section 70-501, [Idaho Code,] the state reclamation engineer is hereby authorized and directed to commence construction of such outlet control structure. The provisions of section 67-2304, Idaho Code, (as amended,) shall have no application to the provisions of this act.
History:
[70-502, added 1950 (E.S.), ch. 61, sec. 2, p. 87.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 5 - OUTLET CONTROL STRUCTURES › Section 70-503 - ACCEPTANCE OF CONTRIBUTIONS — PRIEST LAKE OUTLET CONTROL STRUCTURE CONSTRUCTION FUND CREATED.

70-503. ACCEPTANCE OF CONTRIBUTIONS — PRIEST LAKE OUTLET CONTROL STRUCTURE CONSTRUCTION FUND CREATED. The board of examiners is hereby authorized to accept contributions from any person, partnership, corporation or association for the purpose of defraying the cost of construction of such outlet control structure. Such contributions, when accepted, shall be deposited in the Priest Lake outlet control structure construction fund, which is hereby created.
History:
[70-503, added 1950 (E.S.), ch. 61, sec. 3, p. 87.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 5 - OUTLET CONTROL STRUCTURES › Section 70-504 - APPROPRIATION TO FUND.

70-504. APPROPRIATION TO FUND. There is hereby appropriated to the Priest Lake outlet control structure construction fund out of any moneys in the treasury not otherwise appropriated the sum of three thousand five hundred dollars ($3,500), or so much thereof as may be necessary.
History:
[70-504, added 1950 (E.S.), ch. 61, sec. 4, p. 87.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 5 - OUTLET CONTROL STRUCTURES › Section 70-505 - MONEYS IN FUND APPROPRIATED TO PURPOSES OF ACT.

70-505. MONEYS IN FUND APPROPRIATED TO PURPOSES OF ACT. Any moneys now, or which may hereafter be, in the Priest Lake outlet control structure construction fund are hereby appropriated to the state reclamation engineer for the purposes of this act.
History:
[70-505, added 1950 (E.S.), ch. 61, sec. 5, p. 87.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 5 - OUTLET CONTROL STRUCTURES › Section 70-506 - EXEMPTIONS — REVERSION OF FUND.

70-506. EXEMPTIONS — REVERSION OF FUND. The appropriation herein made is expressly exempt from the provisions of section 67-3509, and chapter 36, title 67, Idaho Code, and shall be immediately available; provided however that upon final completion of construction of said structure all moneys in the said Priest Lake outlet control structure construction fund shall revert to the general fund.
History:
[70-506, added 1950 (E.S.), ch. 61, sec. 6, p. 87.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 5 - OUTLET CONTROL STRUCTURES › Section 70-507 - IDAHO WATER RESOURCE BOARD TO HAVE SUPERVISION AND CONTROL — ADDITIONAL RELEASE STRUCTURES PROHIBITED.

70-507. IDAHO WATER RESOURCE BOARD TO HAVE SUPERVISION AND CONTROL — ADDITIONAL RELEASE STRUCTURES PROHIBITED. The Priest Lake outlet control structure shall, when constructed, be under the sole and exclusive supervision and control of the Idaho water resource board, which may enter into contracts for a period of one (1) year or more with persons or corporations deemed qualified by the board to operate and maintain said outlet control structure or any other control structure erected as a replacement thereof; provided however, that under no circumstances shall the water surface level of Priest Lake be maintained or regulated by said board above 3.5 feet on the present United States Geological Survey Priest Lake outlet gage with gage datum of 2,434.64 feet above mean sea level, datum of 1929, supplementary adjustment of 1947, or released below 0.1 feet on said gage; provided further, that the water surface level of Priest Lake shall be maintained at 3.0 feet during the recreation season when the water supply to Priest Lake is plentiful, meaning normal to wet years, and between 3.0 feet and 3.5 feet during the recreation season when the water supply to Priest Lake is lacking, meaning dry and marginally dry years, on the United States Geological Survey Priest Lake outlet gage, from and after the time each year following the runoff of accumulated winter snows, when the surface level of the waters of Priest Lake has receded to such elevation, until the time after the close of the main recreational season, as determined by said board, that said lake waters may be released and the surface level permitted to recede below said elevation of 3.0 feet. The outlet control structure authorized under this section shall be the only structure authorized to release water from the lake. No siphon, gravity bypass, or other bypass device may be constructed to divert or otherwise direct water from Priest Lake to Priest River without prior approval by the Idaho state legislature and the governor.
History:
[70-507, added 1950 (E.S.), ch. 61, sec. 7, p. 87; am. 1957, ch. 128, sec. 1, p. 216; am. 1961, ch. 177, sec. 1, p. 271; am. 2018, ch. 62, sec. 1, p. 153; am. 2023, ch. 95, sec. 1, p. 289.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1101 - PORT DISTRICTS AUTHORIZED — OBJECTS AND PURPOSES.

70-1101. PORT DISTRICTS AUTHORIZED — OBJECTS AND PURPOSES. Port districts are hereby authorized for the acquirement, construction, maintenance, operation, development and regulation of harbor improvements, land and water transfer and terminal facilities, industrial and economic development, and other development, facilities, and services, reasonably incident to a modern, efficient and competitive port, and may be established under this act in any county bordering upon any continuous waterway system, limited to the port area, which will float commercial tug and barge vehicles to ports handling transoceanic traffic, as in this act provided.
History:
[70-1101, added 1969, ch. 55, sec. 1, p. 144; am. 2001, ch. 189, sec. 1, p. 652.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1102 - FORMATION OF DISTRICT — GENERAL.

70-1102. FORMATION OF DISTRICT — GENERAL. At any election which may be called for that purpose, subject to the provisions of section 34-106, Idaho Code, the board of county commissioners of any county in this state which qualified under section 70-1101, Idaho Code, may, or in petition of ten per cent (10%) of the qualified electors of such county, based on the total vote cast in the county in the last general election, shall by resolution, submit to the voters of such county the proposition of creating a port district with boundaries co-extensive with the boundaries of such county. Such county commissioners may also submit to such vote the proposition of creating a port district with boundaries less than county-wide upon their own resolution, or shall submit the same upon petition as provided in section 70-1103, Idaho Code. No port district shall, at the time of its formation, include lands in more than one (1) county.
History:
[70-1102, added 1969, ch. 55, sec. 2, p. 144; am. 1995, ch. 118, sec. 98, p. 508.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1103 - PETITION AND ELECTION — DISTRICT OF LESS THAN ENTIRE COUNTY.

70-1103. PETITION AND ELECTION — DISTRICT OF LESS THAN ENTIRE COUNTY. Any petition for the formation of a port district may describe a district of less area than the county in which such petition is filed, and in such event the county commissioners shall fix a date for hearing on such petition and publish a notice of such hearing once a week for two (2) successive weeks prior thereto in a newspaper of general circulation within such county. After such hearing, the county commissioners may increase or diminish the boundaries of such proposed port district and shall thereafter submit to vote the proposition of the formation of such port district. The same procedure for notice and election shall be followed as is prescribed for the formation of a port district having boundaries co-extensive with the county boundaries, except that the election shall be confined solely to the lesser port district; and provided, that whenever two (2) or more petitions for the formation of a port district shall be filed as herein provided, the petition describing the greater area shall supersede all others and an election shall first be held thereon, and no port districts shall ever be created within the limits, in whole or in part, of any existing port district.
The boundaries of all port districts shall follow county precinct lines, so that such districts shall include only whole voting districts.
History:
[70-1103, added 1969, ch. 55, sec. 3, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1104 - PETITION — FILING AND CERTIFICATION.

70-1104. PETITION — FILING AND CERTIFICATION. Such petition shall be filed with the clerk of the county within which the district is to be formed, who shall within fifteen (15) days examine the signatures thereon and certify to the sufficiency or insufficiency thereof, and for such purpose the county clerk shall have access to all registration books in the possession of the officials of any municipal corporation in such proposed port district. If such petition be found to be insufficient, it shall be returned to the persons filing the same, who may amend or add names thereto for ten (10) days, when the same shall be returned to the said clerk, who shall have an additional fifteen (15) days to examine the same and attach his certificate thereto. No person having signed such petition shall be allowed to withdraw his name therefrom after the first filing of the same with the said clerk.
History:
[70-1104, added 1969, ch. 55, sec. 4, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1105 - PETITION — TRANSMISSION TO COUNTY COMMISSIONERS.

70-1105. PETITION — TRANSMISSION TO COUNTY COMMISSIONERS. Whenever such petition shall be certified to as sufficient, the county clerk shall forthwith transmit the same, together with his certificate of sufficiency attached thereto, to the board of county commissioners, who shall submit such proposition at the next election to be held pursuant to the provisions of section 34-106, Idaho Code, following the date of such certificate.
History:
[70-1105, added 1969, ch. 55, sec. 5, p. 144; am. 1995, ch. 118, sec. 99, p. 509.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1106 - ELECTION — NOTICE.

70-1106. ELECTION — NOTICE. The board of county commissioners shall direct its clerk to give notice of such election by publishing notice thereof at least twice, the first of which shall be not less than twelve (12) days prior to the election and the last of which publication shall be not less than five (5) days preceding such election as provided in section 34-1406, Idaho Code. The notice of election shall state the boundaries of the proposed port district and the object of such election.
History:
[70-1106, added 1969, ch. 55, sec. 6, p. 144; am. 1995, ch. 118, sec. 100, p. 509.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1107 - ELECTION — FORM OF BALLOT.

70-1107. ELECTION — FORM OF BALLOT. In submitting the said question to the voters for their approval or rejection, the proposition shall be expressed on said ballot substantially in the following terms:
"Port of …. Yes."
"Port of …. No."
(Giving the name of the principal river port city within such proposed port district; or, if there be more than one city of the same class within such district, such name as may be determined by the board of county commissioners.)
History:
[70-1107, added 1969, ch. 55, sec. 7, p. 144.]