GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 1
HOUSE BILL 383*
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Short Title: Amend Grain Dealer Licensing Laws.-AB |
(Public) |
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Sponsors: |
Representatives J. Bell, Langdon, and Dixon (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Agriculture, if favorable, Judiciary Subcommittee A. |
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March 21, 2013
A BILL TO BE ENTITLED
AN ACT to amend the Grain Dealer licensing Act to increase the bonding amount that must accompany license applications; to specify additional grounds for license refusal or revocation; and to provide that persons whose actions led to a license suspension or revocation may not work for a grain dealer in a capacity related to grain sales.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 106-604 reads as rewritten:
"§ 106-604. License fee; bond required; exemption.
All applications shall be accompanied by an initial or renewal
license fee of fifty dollars ($50.00) plus thirty dollars ($30.00) per
certificate or decal for each separate buying station or truck and a good and
sufficient bond in the amount of ten thousand dollars ($10,000) one
hundred thousand dollars ($100,000) to satisfy the initial license
application. A fee of five dollars ($5.00) shall be charged for each duplicate
license, certificate or decal. "Cash buyers" upon written request to
the Commissioner showing proof satisfactory to the Commissioner that the person
is a "cash buyer" under this Article shall be exempted from the bonding
requirements hereunder.of this section. The exemption shall be
granted within 20 days of the receipt of the exemption request or unless the
Commissioner requests the dealer to provide additional necessary information or
unless the request is denied."
SECTION 2. G.S. 106-610 reads as rewritten:
"§ 106-610. Grounds for refusal, suspension or revocation of license.
The Commissioner may refuse to grant or renew license, may
suspend or may revoke any license upon a showing by substantial and competent
evidence that:of any of the following:
(1) The dealer has
suffered a final money judgment to be entered against him and such judgment
remains unsatisfied; orunsatisfied.
(2) The dealer has
failed to promptly and properly account and pay for grain; orgrain.
(3) The dealer has
failed to keep and maintain business records of his grain transactions as
required herein; orby this Article.
(4) The dealer has
engaged in fraudulent or deceptive practices in the transaction of his business
as a dealer; ordealer.
(5) The dealer has
failed to collect from a producer and remit to the Commissioner of Agriculture
such assessments as have been approved by the producers and are required to be
collected under the provisions of Article 50 of Chapter 106 of the General Statutes;
orStatutes.
(6) The dealer or
applicant has been convicted, pled guilty or nolo contendere within three years
in any state or federal court of a crime involving moral turpitude;turpitude.
(7) The dealer has failed either to file the required bond or to keep such bond in force.
(8) The applicant has acted or held himself out as a grain dealer without first having obtained a license under the provisions of this Article.
(9) The dealer or applicant has violated any provision of this Article or rules adopted pursuant to this Article. "
SECTION 3. G.S. 106-611 reads as rewritten:
"§ 106-611. Procedure for denial, suspension, or revocation of license; effect of revocation.
(a) A denial, suspension, or revocation of a license under this Article shall be made in accordance with Chapter 150B of the General Statutes.
(b) A license may not be suspended for more than one year. A person whose license is revoked may not obtain another license under this Article until at least two years have elapsed from the date of the final decision revoking the license or, if the decision is appealed, from the date of the final judgment sustaining the revocation. A person whose actions lead to the suspension or revocation of a grain dealer's license may not work for a grain dealer in any capacity that involves the buying or selling of grain, or the handling of payments for grain."
SECTION 4. This act is effective when it becomes law.