S.F. No. 0018

Grain laws.

Sponsored By: Joint Agriculture, Public Lands and Water Resources Interim Committee

AN ACT relating to agriculture; clarifying the grain laws relating to buying, selling and storing grain; amending license fees; amending bonding requirements; amending audit requirements; amending insurance requirements; making conforming amendments; amending penalties; providing an appropriation; authorizing an additional position; and providing for an effective date.

12/8/2004 Bill Number Assigned

1/10/2005 S Received for Introduction

1/11/2005 S Introduced and Referred to S05

1/21/2005 S05 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Geis, Johnson, Meier and Vasey

Excused: Senator(s) Northrup

Ayes 4 Nays 0 Excused 1 Absent 0 Conflicts 0

1/21/2005 S Placed on General File

1/24/2005 S Rereferred to S02

1/31/2005 S02 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Anderson, J., Case, Hines, Job and Nicholas

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

1/31/2005 S Placed on General File

SF0018SS001/ADOPTED

That Substitute No. 1 for SF0018 DO Pass. GEIS, CHAIRMAN

SF0018SS002/ADOPTED

[TO SUBSTITUTE BILL No. 1]

Page 15-line 19 Delete "general fund" insert "budget reserve account".

Page 15-line 20 After "agriculture" delete balance of line.

Page 15-line 21 Delete line through "2005,".

Page 15-line 22 After "act." insert "This appropriation shall be considered a one (1) time appropriation and shall not be considered a part of the standard budget for the department of agriculture's 2007-2008 biennium budget.".

Page 16-line 2 Delete "full-time" insert "at-will employee contract". HINES, CHAIRMAN

2/3/2005 S Passed CoW

SF0018S2001/ADOPTED

[TO SUBSTITUTE BILL No. 1]

Page 1-line 2 After ";" insert "providing for cease and desist orders; providing for enforcement actions;".

Page 1-line 11 Delete "is" insert "through 11‑11‑121 are".

Page 1-after line 16 Insert:

"11‑11‑119.  Cease and desist orders; warehousemen; notice; opportunity for hearing.

(a)  After notice and opportunity for hearing, the department shall issue a final cease and desist order to a warehouseman if the warehouseman or any officer, director, employee or agent of the warehouse is violating any state statute or rule relating to warehouses or warehousemen.

(b)  Before issuing a final cease and desist order, the department shall serve notice of intent to issue the order upon the warehouseman. The notice shall be in writing and shall contain the information required by W.S. 11‑11‑119(c)(i). The proposed order shall direct the warehouseman to discontinue the violations of law, rule or regulation.

(c)  The warehouseman may request a hearing on the proposed order before the director in accordance with W.S. 11‑11‑119(c)(ii). If the warehouseman does not request a hearing in writing within the prescribed time period, the proposed order shall become a final cease and desist order and the department shall serve the final order upon the warehouseman.

11‑11‑120.  Temporary cease and desist order; warehousemen; service.

(a)  If the department believes the actions of a warehouseman or of any officer, director, employee or agent of the warehouse pose an immediate threat to the safety and soundness of the warehouse or to the interests of the depositors or creditors of the warehouse, the department shall issue a temporary cease and desist order to the warehouseman or officer, director, employee or agent of the warehouse pending final action on the proposed cease and desist order issued pursuant to W.S. 11‑11‑119(a).

(b)  The temporary order shall be in writing and shall be served upon the warehouseman. The temporary order shall take effect upon service and shall remain in effect until the director issues the final cease and desist order or a court of competent jurisdiction dismisses the proposed cease and desist order after hearing.

(c)  On or after the effective date of the temporary order, the attorney general, upon request from the department, may apply to the district court for the county in which the warehouse is located for enforcement of the temporary order. If the warehouseman operates warehouses in two (2) or more counties, the request may be made in any county where the warehouseman operates a warehouse. The application for enforcement shall be given precedence over other cases pending in court and shall in every way be expedited.

11‑11‑121.  Procedures for enforcement actions; service of notice; content of orders; contested case proceedings; appeal.

(a)  All notices and orders required to be served by the department under this article shall be served by certified mail return receipt requested to the last known address of the warehouseman or may be served as provided by the Wyoming Rules of Civil Procedure. Notice of a proposed order issued by the department under this article shall include:

(i)  A statement of the grounds for issuing the proposed order, including a citation to the statute or rule involved;

(ii)  A statement of the facts in support of the allegations;

(iii)  A statement informing the warehouseman subject to the proposed order of the right to a hearing on the order before the director, right of appeal of any subsequent order in accordance with the Wyoming Administrative Procedure Act and that failure to timely request a hearing will result in the order becoming final; and

(iv)  A copy of the proposed order.

(b)  A request for hearing on a proposed order issued by the department under this article shall be in writing and shall be submitted to the director no later than seven (7) days after receipt of the notice of intent from the department. The director shall hold the hearing no later than fifteen (15) days after receipt of the request for hearing, unless the warehouseman subject to the proposed order requests an extension of time for good cause shown.

(c)  A hearing on a proposed order issued under this article shall be a contested case hearing conducted in accordance with the Wyoming Administrative Procedure Act. After the hearing, the director shall issue findings of fact and conclusions of law and a final decision either confirming or dismissing a proposed order. The director shall confirm a proposed order only if the director finds by a preponderance of the evidence that grounds exist under this article for issuing the order. Otherwise, the director shall dismiss the proposed order. If the director confirms a proposed order it shall become a final order.

(d)  The department shall serve a final order under this article upon the warehouseman who is the subject of the order. The final order shall take effect upon service and shall remain in effect until the department or the court terminates the final order. The warehouseman who is the subject of the order may appeal the issuance of a final order in accordance with the Wyoming Administrative Procedure Act.

(e)  On or after the effective date of a final order under this article, the attorney general, upon request from the department, may apply to the district court of the county in which the warehouse is located for enforcement of the final order. The application for enforcement shall be given precedence over other cases pending in court and shall in every way be expedited.". VASEY, MEIER

2/4/2005 S Passed 2nd Reading

SF0018S3001/ADOPTED

[TO SUBSTITUTE BILL No. 1]

Page 1-after line 16 In the Vasey Second Reading Amendment (SF0018S2001/A) to this line, in W.S. 11‑11‑119(b), delete "11‑11‑119(c)(i)" insert "11‑11‑121(a)"; in W.S. 11‑11‑119(c), delete "11‑11‑119(c)(ii)" insert "11‑11‑121(b)". VASEY

SF0018S3002/ADOPTED

[TO SUBSTITUTE BILL No. 1]

Page 6-line 8 Before "irrevocable" insert "acceptable".

Page 6-line 9 After "credit" insert ", other sufficient financial commitment". MEIER

2/7/2005 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Northrup, Peck, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern.

Nays: Senator(s) Case and Job.

Ayes 28 Nays 2 Excused 0 Absent 0 Conflicts 0

2/8/2005 H Received for Introduction

2/9/2005 H Introduced and Referred to H05

2/15/2005 H05 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Brown, Davison, Diercks, Hageman, Jackson, Morgan, Powers, Samuelson and Semlek

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

2/15/2005 H Placed on General File

2/15/2005 H Rereferred to H02

2/17/2005 H02 Returned Bill Pursuant to HR 8-5

ROLL CALL

Ayes: Representative(s) Berger, Jones, Meuli, Petersen, Philp and Warren

Excused: Representative(s) Jorgensen and Simpson

Ayes 6 Nays 0 Excused 2 Absent 0 Conflicts 0

2/17/2005 H Placed on General File

SF0018HS001/ADOPTED (TO ENGROSSED COPY)

Page 3-line 22 After "order" insert ", the department dismisses the proposed cease and desist order".

Page 4-After line 11 Insert:

"(d) The warehouseman, officer, director, employee or agent to whom a temporary cease and desist order is issued may apply to the district court for the county in which the warehouse is located for a stay of the temporary cease and desist order. The application for stay shall be given precedence over other cases pending in court and shall in every way be expedited. The court shall grant the stay only if the warehouseman, officer, director, employee or agent shows he will be irreparably harmed unless the stay issues and there is substantial likelihood he will prevail on the merits.".

Page 11-line 17 Delete ", other sufficient financial commitment".

Page 18-lines 18 and 19 Delete entirely and insert:

"(c) The department may, by rule and regulation, require posting of current tariffs.". HAGEMAN, CHAIRMAN

2/18/2005 H Passed CoW

2/22/2005 H Passed 2nd Reading

SF0018H3001/ADOPTED (TO ENGROSSED COPY)

Page 1-line 7 After "penalties;" insert "amending elements of criminal offenses regarding conversion of stored grain;".

Page 20-line 12 Strike "five hundred".

Page 20-line 13 Strike "dollars ($500.00)" insert "one thousand dollars ($1,000.00)".

Page 20-line 17 Strike "five hundred dollars ($500.00)" insert "one thousand dollars ($1,000.00)". SIMPSON, BROWN, HINCKLEY

2/23/2005 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Landon, Latta, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.

Excused: Representative(s) Jorgensen and Lockhart.

Ayes 58 Nays 0 Excused 2 Absent 0 Conflicts 0

2/24/2005 S Did Not Concur

ROLL CALL

Ayes: Senator(s) Anderson, J., Burns, Cooper, Geis, Hines, Johnson, Meier, Schiffer and Vasey.

Nays: Senator(s) Aullman, Barrasso, Boggs, Case, Coe, Decaria, Hanes, Hawks, Jennings, Job, Larson, Massie, Mockler, Nicholas, Northrup, Peck, Ross, Scott, Sessions, Townsend and Von Flatern.

Ayes 9 Nays 21 Excused 0 Absent 0 Conflicts 0

2/24/2005 S Appointed JCC01 Members

Senator(s) Meier, Nicholas and Job

2/28/2005 H Appointed JCC01 Members

Representative(s) Hageman, Brown and Davison

3/1/2005 S Adopted SF0018JC01

ROLL CALL

AYES: Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings, Job, Johnson, Meier, Mockler, Nicholas, Northrup,

Peck, Ross, Schiffer, Scott, Sessions, Townsend, Vasey, Von Flatern.

NAYS: Senator(s) Case, Larson, Massie.

Ayes 27 Nays 3 Excused 0 Absent 0 Conflict 0

3/1/2005 H Adopted SF0018JC01

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Landon, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.

Nays: Representative(s) Diercks

Excused: Representative(s) Jorgensen, Latta and Reese.

Ayes 56 Nays 1 Excused 3 Absent 0 Conflicts 0

SF0018JC01/AA ADOPTED (TO ENGROSSED COPY)

Adopt the following House amendments:

SF0018H3001/A

Delete the following House amendments:

SF0018HS001/A

Further amend the ENGROSSED COPY as follows:

(TO ENGROSSED COPY)

Page 3-line 22 After "order" insert ", the department dismisses the proposed cease and desist order".

Page 4-After line 11 Insert:

"(d)  The warehouseman, officer, director, employee or agent to whom a temporary cease and desist order is issued may apply to the district court for the county in which the warehouse is located for a stay of the temporary cease and desist order. The application for stay shall be given precedence over other civil cases pending in court and shall be expedited. The court shall grant the stay only if the warehouseman, officer, director, employee or agent shows he will be irreparably harmed unless the stay issues and there is substantial likelihood he will prevail on the merits.".

Page 11-line 17 Delete ", other sufficient financial commitment".

Page 18-lines 18 and 19 Delete entirely and insert:

"(c)  The department shall, by rule and regulation, require posting of current tariffs.". MEIER, NICHOLAS, JOB, HAGEMAN, BROWN, DAVISON

3/2/2005 Assigned Number SEA No. 0107

3/2/2005 S President Signed SEA No. 0107

3/2/2005 H Speaker Signed SEA No. 0107

3/10/2005 Governor Signed SEA No. 0107

3/10/2005 Assigned Chapter Number

Chapter No. 0232 Session Laws of Wyoming 2005.