Idaho Code
Chapter 51 - SEED INDEMNITY FUND LAW
Section 22-5104 - BONDS — IRREVOCABLE LETTERS OF CREDIT — CERTIFICATES OF DEPOSIT — SINGLE BOND.

22-5104. BONDS — IRREVOCABLE LETTERS OF CREDIT — CERTIFICATES OF DEPOSIT — SINGLE BOND. Every person applying for a license shall execute and file with the department a good and sufficient bond issued by an insurer authorized to transact such insurance in this state. The bond shall be in favor of the seed indemnity fund to secure the faithful performance of the applicant’s obligations under this chapter, and of such additional unpaid obligations assumed under agreements with producers of seed crops transferred to or deposited with the applicant. Said bond shall be in such form and amount, shall have such surety or sureties, and shall contain such terms and conditions as the department may prescribe to carry out the purposes of this chapter. Whenever the department determines that a previously approved bond is insufficient, it may require an additional bond or bonds conforming with the requirements of this chapter. Unless the additional bond is given within the time fixed by a written demand therefor, the license may be suspended or revoked.
At the discretion of the director, any person required to submit a bond to the department may give to the department an irrevocable letter of credit or certificate of deposit payable to the seed indemnity fund in lieu of the bond required herein. A certificate of deposit shall be submitted with an audited or reviewed financial statement prepared in accordance with the rules of the department by an independent Idaho certified public accountant or Idaho licensed public accountant. The principal amount of the letter of credit or certificate of deposit shall be the same as that required for a surety bond pursuant to this chapter. The letter of credit or certificate of deposit shall remain on file with the department until it is released, canceled or discharged by the director or until the director is notified ninety (90) days in advance, by registered or certified mail, return receipt requested, that the letter of credit or certificate of deposit is renewed, canceled or amended. Failure to notify the director may result in the suspension or revocation of the seed buyer license. The provisions of this chapter that apply to a bond apply to each letter of credit or certificate of deposit given in lieu of such bond. Under the provisions of this chapter, an irrevocable letter of credit or certificate of deposit shall not be accepted unless it is issued by a national bank or federal thrift institution in Idaho or by a state-chartered bank or thrift institution authorized to conduct business in Idaho and insured by the federal deposit insurance corporation.
If a seed buyer is also licensed pursuant to either chapter 2 or 5, title 69, Idaho Code, that seed buyer may obtain a single bond, certificate of deposit or irrevocable letter of credit as surety for both chapter 51, title 22, Idaho Code, and chapter 2 or 5, title 69, Idaho Code. The bond, certificate of deposit or irrevocable letter of credit shall be made out in favor of the commodity indemnity fund and the seed indemnity fund. In the event a seed buyer fails as defined in section 22-5102(6), Idaho Code, and a single bond, certificate of deposit or irrevocable letter of credit is written in favor of the commodity indemnity fund and seed indemnity fund, the proceeds of the bond, certificate of deposit or irrevocable letter of credit will be allocated based on the dollar amount of the verified claims approved pursuant to chapter 51, title 22, Idaho Code, and chapter 2, title 69, Idaho Code.

History:
[22-5104, added 2002, ch. 256, sec. 1, p. 739; am. 2003, ch. 151, sec. 1, p. 434; am. 2010, ch. 100, sec. 3, p. 195.]

Structure Idaho Code

Idaho Code

Title 22 - AGRICULTURE AND HORTICULTURE

Chapter 51 - SEED INDEMNITY FUND LAW

Section 22-5101 - SHORT TITLE OF ACT.

Section 22-5102 - DEFINITIONS.

Section 22-5103 - LICENSES.

Section 22-5104 - BONDS — IRREVOCABLE LETTERS OF CREDIT — CERTIFICATES OF DEPOSIT — SINGLE BOND.

Section 22-5105 - AMOUNT OF BOND — NOTICE OF CANCELLATION.

Section 22-5106 - ACTION BY PRODUCER INJURED.

Section 22-5107 - FEES.

Section 22-5108 - RECEIPTS — SCALE WEIGHT TICKETS.

Section 22-5109 - MAINTENANCE OF RECORDS — EXAMINATION OF RECORDS — AUTHORIZATION TO COPY.

Section 22-5110 - VIOLATIONS — PENALTIES — DISCRETION OF DIRECTOR TO HANDLE ADMINISTRATIVELY.

Section 22-5111 - SUSPENSION OR REVOCATION OF LICENSE.

Section 22-5112 - DUTY TO PROSECUTE.

Section 22-5113 - NOTICE OF NONCOMPLIANCE — REQUIREMENTS — FAILURE TO COMPLY — REMEDIES OF DEPARTMENT.

Section 22-5114 - INSURANCE — CANCELLATION PROCEDURE — SUSPENSION OF LICENSE — SELF-INSURANCE.

Section 22-5115 - LICENSE REISSUANCE FOLLOWING REVOCATION.

Section 22-5116 - DEPARTMENT’S AUTHORITY.

Section 22-5117 - LICENSE DENIAL.

Section 22-5118 - PAYMENT AND VIOLATION.

Section 22-5119 - CONFIDENTIAL AND PROTECTED RECORDS.

Section 22-5120 - SEED INDEMNITY FUND.

Section 22-5121 - ASSESSMENTS.

Section 22-5122 - COLLECTION AND REMITTANCE OF ASSESSMENTS — PRINCIPAL AMOUNT HELD IN TRUST — INTEREST EARNED — FAILURE TO COLLECT OR REMIT ASSESSMENTS CONSTITUTES A VIOLATION — INTEREST AND PENALTIES FOR UNPAID ASSESSMENTS.

Section 22-5123 - FUNDING AND LIMITS OF FUND.

Section 22-5124 - ADVISORY COMMITTEE.

Section 22-5125 - PROOF OF CLAIMS — PROCEDURE — HEARING.

Section 22-5126 - FAILURE TO FILE — LOSS OF CLAIM ON FUND.

Section 22-5127 - MINIMUM BALANCE FOR CLAIMS — TERMINATION OF LIABILITY.

Section 22-5128 - PAYMENT FROM FUND — DEBT OF SEED BUYER OR SURETY — REIMBURSEMENT — ACCRUAL OF CAUSE OF ACTION.

Section 22-5129 - RULES.