2005 Idaho Code - 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

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 51
                           SEED INDEMNITY FUND LAW
    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. (1)
The department shall promulgate rules to provide a procedure for the
collection and remittance of the producer's assessments. Seed buyers who owe
producers for the transfer of seed crop or have stored for withdrawal seed
crop shall be responsible for the collection of the producer's assessments and
the remittance of the assessments collected to the department.
    (2)  Seed buyers shall remit to the department assessments collected
according to the provisions of this chapter. Payments will be made no later
than the twentieth  day of the month following the close of the calendar
quarter on a form prescribed by the department. There are four (4) calendar
quarters in the year, beginning on the first day of the months of January,
April, July and October. Assessment reports shall be submitted even though
assessments for the period have not been collected. Failure to do so will
result in a penalty of one hundred dollars ($100).
    (3)  The principal amount of assessments paid by, or deducted from,
payments to producers by seed buyers, is held in trust for the seed indemnity
fund immediately upon collection by seed buyers and is not property of the
seed buyer.
    (4)  Interest earned on assessments prior to remittance to the department
belongs to the seed buyer.
    (5)  If a seed buyer fails to collect or remit assessments as required it
shall be considered a violation of the provisions of this chapter and shall
subject the seed buyer to suspension or revocation of any license issued to
the seed buyer under the provisions of this chapter.
    (6)  The department shall collect, on assessments unpaid within the time
limits specified in this chapter, interest at the rate of ten percent (10%)
per annum until the assessments are remitted together with a penalty of five
percent (5%) each month on the unpaid assessment due until the maximum penalty
of twenty-five percent (25%) is reached.