69-256. CREATION OF INDEMNITY FUND — USES. (1) There is hereby established within the dedicated fund a fund to be known as the commodity indemnity fund. The commodity indemnity fund shall consist of assessments remitted by producers pursuant to the provisions of this chapter and any interest or earnings on the fund balance.
(2) All assessments shall be paid to the department and shall be deposited in the commodity indemnity fund. Assessments shall be paid solely by producers who deposit or deliver a commodity with a warehouse or sell to a dealer or warehouse. A delivery of commodity between producers, none of which are commodity dealers or warehousemen, is exempt from the collection and payment of assessment. The state treasurer shall be the custodian of the commodity indemnity fund. Disbursements shall be on authorization of the director. No appropriation is required for disbursements from this fund.
(3) The commodity indemnity fund and accruing interest shall be used exclusively for purposes of paying claimants pursuant to this chapter and chapter 5, title 69, Idaho Code, and paying necessary expenses and costs of administering the commodity indemnity fund. Provided however, that each year, accrued interest for that year shall be applied to pay necessary expenses and costs of administering the fund, regardless of the amount, to the extent of available accrued interest. In the event the accrued interest is insufficient to pay the necessary expenses and costs of administering the fund in any particular year, then accrued interest shall first be applied to those costs and expenses. The remaining costs and expenses will be paid with principal from the commodity indemnity fund. In no event, however, shall payments from principal in any given year exceed the sum of two hundred fifty thousand dollars ($250,000). The interest accumulated by the fund may be paid to the department and to the state treasurer to defray costs of administering the warehouse and dealer program and the commodity indemnity fund. The interest accumulated by the fund and, if necessary, a portion of the fund, may be used to defray the cost of reinsuring the fund at the discretion of the director. The state of Idaho shall not be liable for any claims presented against the fund.
History:
[69-256, added 1988, ch. 350, sec. 2, p. 1036; am. 1990, ch. 183, sec. 6, p. 404; am. 2001, ch. 304, sec. 10, p. 1108; am. 2002, ch. 259, sec. 37, p. 775.]
Structure Idaho Code
Chapter 2 - BONDED WAREHOUSE LAW
Section 69-201 - SHORT TITLE OF ACT.
Section 69-203 - LICENSE NECESSARY TO OPERATE PUBLIC WAREHOUSE.
Section 69-204 - PENALTY FOR OPERATING WITHOUT A LICENSE — MISREPRESENTATION.
Section 69-206 - LICENSES TO WAREHOUSEMEN — ISSUE — RENEWAL — CONDITIONS PRECEDENT.
Section 69-207 - TERM OF LICENSE — RENEWAL.
Section 69-208A - AMOUNT OF BOND — CANCELLATION.
Section 69-210 - DESIGNATION OF WAREHOUSE AS BONDED WAREHOUSE.
Section 69-211 - FEES OF DEPARTMENT.
Section 69-212 - SCHEDULE OF CHARGES — POSTING.
Section 69-213 - PRIVILEGE OF EXAMINING COMMODITIES STORED.
Section 69-213A - ANNUAL NOTIFICATION.
Section 69-214 - EMPLOYMENT OF PERSONNEL.
Section 69-215 - LICENSES TO WEIGH COMMODITIES FOR STORAGE.
Section 69-217 - RIGHT TO ASSESS AND COLLECT FEES.
Section 69-218 - WAREHOUSEMEN TO RECEIVE COMMODITIES ACCORDING TO CAPACITY.
Section 69-219 - COMMODITIES DEEMED DELIVERED SUBJECT TO LAW.
Section 69-220 - INSPECTION AND GRADING OF DISEASED OR INSECT INFESTED COMMODITIES.
Section 69-222 - RECEIPTS — SCALE WEIGHT TICKETS.
Section 69-224 - STANDARDS FOR AGRICULTURAL COMMODITIES.
Section 69-225 - LOSS OF RECEIPTS — CONDITIONS OF REISSUE.
Section 69-226 - RECORDS OF WAREHOUSES — CONDUCT OF WAREHOUSES.
Section 69-227 - EXAMINATION OF COMMODITIES OR SEED CROPS — RECORDS — PUBLICATION OF FINDINGS.
Section 69-228 - SUSPENSION OR REVOCATION OF LICENSE.
Section 69-229 - PUBLICATION OF REPORTS.
Section 69-230 - EXAMINATION OF BOOKS — AUTHORIZATION TO COPY.
Section 69-232 - COOPERATION WITH GOVERNMENTAL AGENCIES AND PRIVATE ASSOCIATIONS.
Section 69-233 - VIOLATION OF LAW — PENALTY.
Section 69-234 - RENT OF QUARTERS — EMPLOYMENT OF ASSISTANTS.
Section 69-235 - EFFECT OF PARTIAL INVALIDITY OF LAW.
Section 69-236 - NONCOMPLIANCE — FAILURE — REMEDIES OF DEPARTMENT.
Section 69-238 - WAREHOUSEMAN’S OBLIGATIONS — DUTY TO DELIVER DEPOSITED COMMODITIES — DAMAGES.
Section 69-239 - DUTIES OF WAREHOUSEMAN — CONTENTS OF RECORDS.
Section 69-240 - DIRECTOR’S DISCRETIONARY ACTION.
Section 69-241 - INSURANCE — CANCELLATION PROCEDURE — SUSPENSION OF LICENSE.
Section 69-243 - DUTY TO PROSECUTE.
Section 69-244 - LICENSE REISSUANCE FOLLOWING REVOCATION.
Section 69-245 - DIRECTOR’S AUTHORITY.
Section 69-246 - APPEALS FROM DECISION OF DIRECTOR.
Section 69-247 - LICENSE DENIAL.
Section 69-248 - DRAWING CHECKS INSUFFICIENTLY COVERED A VIOLATION.
Section 69-249 - CREDIT-SALE CONTRACTS.
Section 69-250 - CONFIDENTIAL AND PROTECTED RECORDS.
Section 69-251 - PAYMENT OF PURCHASE PRICE.
Section 69-255 - SHORT TITLE — INDEMNITY FUND PROGRAM.
Section 69-256 - CREATION OF INDEMNITY FUND — USES.
Section 69-257 - ASSESSMENT — RATE — MINIMUM AND MAXIMUM ASSESSMENT.
Section 69-259 - FUNDING AND LIMITS OF FUND.
Section 69-260 - FINANCIAL DIFFICULTIES — ADDITIONAL BOND OR SECURITY REQUIRED.
Section 69-261 - ADVISORY COMMITTEE — TERMS — COMPENSATION.
Section 69-262 - PROOF OF CLAIMS — PROCEDURE — HEARING — INSPECTION OF WAREHOUSE.
Section 69-263 - FAILURE TO FILE — LOSS OF CLAIM ON FUND.
Section 69-264 - MINIMUM BALANCE — SUBSEQUENT PAYMENTS.
Section 69-267 - CLAIM AGAINST WAREHOUSEMAN OR DEALER — DIRECTOR’S REMEDIES.