S.F. _____ Section 1. Section 203.5, Code 2009, is amended to read as 1 follows: 2 203.5 License. 3 1. a. Upon the filing of the an application on a form 4 prescribed by the department and compliance with the terms 5 and conditions of this chapter and including rules of the 6 department, the department shall issue the applicant a 7 grain dealer’s license to the applicant . The license shall 8 terminate expires at the end of the third calendar month 9 following the close of the grain dealer’s fiscal year. A grain 10 dealer’s license may be renewed annually by the filing of a 11 renewal fee and a renewal application on a form prescribed 12 by the department. An application for renewal shall must be 13 received by the department on or before the end of the third 14 calendar month following the close of the grain dealer’s fiscal 15 year. 16 b. The department shall not issue a grain dealer’s license 17 unless the applicant pays all of the following fees: 18 (1) For the issuance of a license, all of the following: 19 (a) A license fee imposed under section 203.6. 20 (b) A participation fee imposed under section 203D.3A, 21 and any delinquent participation fee imposed under a previous 22 license as provided in that section. 23 (2) For the renewal of a license, all of the following: 24 (a) A renewal fee imposed under section 203.6. 25 (b) A participation fee imposed under section 203D.3A, and 26 any delinquent participation fee as provided in that section. 27 (c) A per-bushel fee as provided in section 203D.3A, and 28 any delinquent per-bushel fee and penalty as provided in that 29 section. 30 2. The department shall notify a licensed grain dealer 31 of any delinquency in the payment of a participation fee or 32 per-bushel fee as provided in section 203D.3A. The department 33 shall suspend the grain dealer’s license thirty days after 34 delivering the notice unless the licensed grain dealer pays the 35 -1- LSB 5887SC (2) 83 da/nh 1/ 15

S.F. _____ delinquent fee. 1 3. The department may suspend or revoke the license of a 2 grain dealer who discounts the purchase price paid for grain 3 nominally for the participation fee or per-bushel fee as 4 provided in section 203D.3A while that fee is not in effect. 5 4. A grain dealer license which has terminated expired may 6 be reinstated by the department upon receipt of a proper 7 renewal application, the renewal fee , and the a reinstatement 8 fee as provided in section 203.6 if filed , and any 9 delinquent participation fee or per-bushel fee and penalty 10 as provided in section 203D.3A. The applicant must file 11 the renewal application and pay the fees and penalty 12 to the department within thirty days from the date of 13 termination expiration of the grain dealer license. 14 5. The department may cancel a license upon request of the 15 licensee unless a complaint or information is filed against the 16 licensee alleging a violation of a provision of this chapter. 17 6. a. Fees for licenses issued The department shall refund 18 a fee paid by an applicant to the department under this section 19 if the department does not issue or renew a grain dealer’s 20 license. 21 b. The department shall prorate a fee paid by an applicant 22 to the department under this section for the issuance or 23 renewal of a license for less than a full year shall be 24 prorated from the date of the application . 25 2. 7. If an applicant has had a license under this chapter 26 or chapter 203C revoked for cause within the past three years, 27 or has been convicted of a felony involving violations of this 28 chapter or chapter 203C, or is owned or controlled by a person 29 who has had a license so revoked or who has been so convicted, 30 the department may deny a license to the applicant. 31 3. 8. The department may deny a license to an applicant if 32 any of the following apply: 33 a. The applicant has caused liability to the Iowa grain 34 depositors and sellers indemnity fund in regard to a license 35 -2- LSB 5887SC (2) 83 da/nh 2/ 15

S.F. _____ issued under this chapter or chapter 203C, and the liability 1 has not been discharged, settled, or satisfied. 2 b. The applicant is owned or controlled by a person who has 3 caused liability to the fund through operations under a license 4 issued under this chapter or chapter 203C and the liability has 5 not been discharged, settled, or satisfied. 6 Sec. 2. Section 203C.1, subsection 5, Code 2009, is amended 7 by striking the subsection and inserting in lieu thereof the 8 following: 9 5. “Credit-sale contract” means the same as defined in 10 section 203.1. 11 Sec. 3. Section 203C.7, Code 2009, is amended to read as 12 follows: 13 203C.7 Application for the issuance or renewal of a license. 14 1. Each application for the issuance of a license or 15 licenses shall be in writing on a form prescribed by the 16 department, subscribed and sworn to by the applicant or a duly 17 authorized representative of the applicant. In addition to 18 any other information required by rule of the department the 19 application shall include all of the following: 20 1. a. The name of the individual, partnership, or 21 corporation person making the application, the names of all 22 partners if the applicant is a partnership, and the names and 23 titles of the principal officers or managers if the applicant 24 is a legal entity including but not limited to a limited 25 partnership, limited liability partnership, limited liability 26 company, corporation , or cooperative association . 27 2. b. The principal office or place of business of the 28 applicant. 29 3. c. A general description of each warehouse as to storage 30 capacity, type of construction, mechanical equipment, if any, 31 and condition. 32 4. d. The approximate location of each warehouse. 33 5. e. The type and quantity of agricultural product, or 34 products intended to be stored in each warehouse. 35 -3- LSB 5887SC (2) 83 da/nh 3/ 15

S.F. _____ 6. f. A complete financial statement for use of the 1 department in the administration of this chapter, as required 2 by section 203C.6. 3 7. g. A tariff on a form to be prescribed by the department 4 for storage, receiving , and loadout charges. 5 2. Each application for the renewal of a license shall be 6 in writing and include information required by the department, 7 including changes to information required in subsection 1. 8 Sec. 4. Section 203C.37, Code 2009, is amended to read as 9 follows: 10 203C.37 Failure to pay fee Issuance of a license and payment 11 of fees . 12 1. a. Upon the filing of an application pursuant to section 13 203C.7 and compliance with the terms and conditions of this 14 chapter including rules of the department, the department 15 shall issue the applicant a warehouse operator’s license. 16 The license expires at the end of the third calendar month 17 following the close of the warehouse operator’s fiscal year. 18 A warehouse operator’s license may be renewed annually by the 19 filing of a renewal application on a form prescribed by the 20 department pursuant to section 203C.37. An application for 21 renewal must be received by the department on or before the 22 end of the third calendar month following the close of the 23 warehouse operator’s fiscal year. 24 b. The department shall not approve an application for the 25 issuance or renewal of a warehouse operator’s license unless 26 the applicant pays all of the following fees: 27 (1) For the issuance of a license, all of the following: 28 (a) A license fee imposed under section 203C.33. 29 (b) A participation fee imposed under section 203D.3A, 30 and any delinquent participation fee imposed under a previous 31 license as provided in that section. 32 (2) For the renewal of a license, all of the following: 33 (a) A renewal fee imposed under section 203C.33. 34 (b) A participation fee imposed under section 203D.3A, and 35 -4- LSB 5887SC (2) 83 da/nh 4/ 15

S.F. _____ any delinquent participation fee as provided in that section. 1 3. Failure The failure of a warehouse operator to file 2 a renewal application and to pay the license a renewal fee 3 as provided for in section 203C.33 and any delinquent 4 participation fee as provided in section 203D.3A, on or 5 before the end of the third calendar month following the 6 close of the licensee’s fiscal year shall cause a license to 7 terminate expire . 8 4. A warehouse license which that has terminated expired may 9 be reinstated by the department upon receipt of a proper 10 renewal application, the renewal fee , and the reinstatement fee 11 as provided for in section 203C.33, if filed and any delinquent 12 participation fee as provided in section 203D.3A. The 13 applicant must file the renewal application and pay the fees to 14 the department within thirty days from the date of termination 15 of that the warehouse license expires . 16 5. The department may cancel the license upon request of the 17 licensee unless a complaint or information is filed against the 18 licensee alleging a violation of a provision of this chapter. 19 6. a. The department shall refund a fee paid by a person to 20 the department under this section if the department does not 21 issue the person a license or renew the person’s license. 22 b. The department shall prorate a fee paid by a person to 23 the department under this section for the issuance or renewal 24 of a license for less than a full year. 25 Sec. 5. Section 203D.1, Code Supplement 2009, is amended by 26 adding the following new subsections: 27 NEW SUBSECTION . 1A. “Credit-sale contract” means the same 28 as defined in section 203.1. 29 NEW SUBSECTION . 6A. “Grain dealer” means the same as 30 defined in section 203.1. 31 NEW SUBSECTION . 9A. “Licensee” means a licensed grain 32 dealer or licensed warehouse operator. 33 NEW SUBSECTION . 13. “Warehouse operator” means the same as 34 defined in section 203C.1. 35 -5- LSB 5887SC (2) 83 da/nh 5/ 15

S.F. _____ Sec. 6. Section 203D.3, subsection 1, Code Supplement 2009, 1 is amended to read as follows: 2 1. The grain depositors and sellers indemnity fund is 3 created in the state treasury as a separate account. The 4 general fund of the state is not liable for claims presented 5 against the grain depositors and sellers indemnity fund under 6 section 203D.6. 7 1A. The fund consists of a per-bushel fee on purchased grain 8 remitted all of the following: 9 a. Participation fees paid to the department by licensed 10 grain dealers and persons applying to be issued a grain 11 dealer’s license as provided in section 203D.3A. 12 b. Participation fees paid to the department by licensed 13 warehouse operators and persons applying to be issued a 14 warehouse operator’s license as provided in section 203D.3A. 15 c. Per-bushel fees paid to the department by licensed 16 grain dealers and licensed warehouse operators; an annual fee 17 charged to and remitted by licensed grain dealers and licensed 18 warehouse operators; delinquency as provided in section 19 203D.3A. 20 d. Delinquency penalties ; sums . 21 e. Amounts collected by the department by state pursuant 22 to legal action on behalf of the fund ; and interest, . 23 f. Interest, earnings on investments, property, or 24 securities acquired through the use of moneys in the fund. 25 1B. The fiscal year of the fund begins July 1 and ends on 26 June 30 . Fiscal quarters of the fund begin July 1, October 27 1, January 1, and April 1. The finances of the fund shall be 28 calculated on an accrual basis in accordance with generally 29 accepted accounting principles. 30 1C. The moneys collected under this section and deposited 31 in the fund shall be used exclusively to indemnify depositors 32 and sellers as provided in section 203D.6 and to pay the 33 administrative costs of this chapter. 34 Sec. 7. Section 203D.3, subsections 2, 3, 4, and 7, Code 35 -6- LSB 5887SC (2) 83 da/nh 6/ 15

S.F. _____ Supplement 2009, are amended by striking the subsections. 1 Sec. 8. NEW SECTION . 203D.3A Fees. 2 The department shall collect fees as provided in this 3 section, if established by the board pursuant to section 4 203D.5, at rates determined by the board as provided in that 5 section. A person required to pay a fee shall use forms 6 and deliver the payment to the department as required by the 7 department. 8 1. a. A person who applies for the issuance of a new 9 license as a grain dealer pursuant to section 203.5 or a 10 warehouse operator pursuant to sections 203C.7 and 203C.33 11 shall pay the department an initial participation fee as part 12 of the application. 13 (1) In calculating the amount of the initial participation 14 fee, an applicant for a license shall be deemed a licensee 15 paying the full amount of the participation fee owing on the 16 licensee’s first anniversary date as provided in paragraph 17 “b” . The department must be satisfied that the applicant is 18 calculating the amount due in good faith and using the best 19 information available. 20 (2) If the department issues the license, the licensee shall 21 recalculate the participation fee when making a payment on the 22 licensee’s first installment date as provided in paragraph 23 “b” . The licensee may notify the department of any overpayment 24 and shall notify the department of any underpayment by the 25 licensee’s first installment date in a manner and according to 26 procedures required by the department. The department shall 27 refund any overpayment to the licensee and the licensee shall 28 pay any additional amount resulting from an underpayment. 29 b. A licensee shall pay a participation fee on four 30 successive installment dates, with each installment date 31 occurring on the last date of the fund’s fiscal quarter as 32 provided in section 203D.3. The licensee shall pay twenty-five 33 percent of the total participation fee assessed on each 34 installment date. However, nothing in this subsection prevents 35 -7- LSB 5887SC (2) 83 da/nh 7/ 15

S.F. _____ a licensee from paying the participation fee on an accelerated 1 basis. A licensee shall pay the first installment on the last 2 date of the fund’s fiscal quarter immediately following the 3 licensee’s anniversary date. 4 (1) For a licensed grain dealer, the anniversary date is 5 the last date to apply for the renewal of the grain dealer’s 6 license before the license expires as provided in section 7 203.5. 8 (2) For a licensed warehouse operator, the anniversary date 9 is the last date to apply for the renewal of the warehouse 10 operator’s license before the license expires as provided in 11 section 203C.37. 12 c. A licensee is delinquent if the licensee fails to submit 13 the payment when due or if, upon examination, an underpayment 14 of the fee is found by the department. 15 d. A licensee shall not pass on the cost of a participation 16 fee to sellers. The department may suspend or revoke the 17 license of a grain dealer for passing on the cost, as provided 18 in chapter 203. 19 2. a. A per-bushel fee shall be assessed on all purchased 20 grain. However, if the grain dealer provides documentation 21 regarding the transaction satisfactory to the department, the 22 following transactions shall be excluded from the per-bushel 23 fee: 24 (1) Grain purchased from the United States government or any 25 of its subdivisions or agencies. 26 (2) Grain purchased from a person licensed as a grain dealer 27 in any jurisdiction. 28 (3) Grain purchased under a credit-sale contract. 29 b. The grain dealer shall forward the per-bushel fee to the 30 department on a quarterly basis in the manner and using the 31 forms prescribed by the department. A licensee is delinquent 32 if the licensee fails to submit the full fee or quarterly 33 forms when due or if, upon examination, an underpayment of the 34 fee is found by the department. The grain dealer is subject 35 -8- LSB 5887SC (2) 83 da/nh 8/ 15

S.F. _____ to a penalty of ten dollars for each day the grain dealer is 1 delinquent or an amount equal to the amount of the deficiency, 2 whichever is less. However, a licensee who fails to submit the 3 full fee or quarterly forms when due, is subject to a minimum 4 payment of ten dollars. The department may establish and apply 5 a margin of error in determining whether a grain dealer is 6 delinquent. The per-bushel fee shall be collected only once 7 on each bushel of grain. 8 c. A grain dealer may choose to pass on the cost of a 9 per-bushel fee to the sellers by an itemized discount noted 10 on the settlement sheet. However, if the per-bushel fee is 11 not in effect, no grain dealer shall make such a discount on 12 the purchase of grain. A discount made nominally for the 13 per-bushel fee while the fee is not in effect is grounds for 14 license suspension or revocation under chapter 203. 15 Sec. 9. Section 203D.5, Code Supplement 2009, is amended to 16 read as follows: 17 203D.5 Adjustments to fee Fees —— imposition, adjustment, or 18 waiver . 19 1. The board shall annually review annually the debits of 20 and credits to the grain depositors and sellers indemnity fund 21 created in section 203D.3 and shall determine whether to impose 22 the participation fee and per-bushel fee as provided in section 23 203D.3A, make any adjustments in the per-bushel fee required 24 under section 203D.3, subsection 2 , and the dealer-warehouse 25 fee required under section 203D.3, subsection 3 , that are to 26 the fees effective on the previous July 1, or waive the fees 27 as necessary to maintain the fund within the limits established 28 under comply with this section. Not The board shall make the 29 determination not later than the first day of May 1 of each 30 year , the board shall determine the proposed amount of the 31 per-bushel fee based on the expected volume of grain on which 32 the fee is to be collected and that is likely to be handled 33 under this chapter , and shall also determine any adjustment to 34 the dealer-warehouse fee . The board shall make any changes 35 -9- LSB 5887SC (2) 83 da/nh 9/ 15

S.F. _____ in impose the fees or adjust the previous year’s fees effective 1 on the previous July 1 in accordance with chapter 17A. Changes 2 in The imposition or adjustment of the fees shall become 3 effective as follows: 4 a. For the participation fee, on the following July 1. 5 However, the licensee shall continue to pay the participation 6 fee at the rate in effect on the prior July 1, until the 7 licensee has paid the amount owing. 8 b. For a per-bushel fee, on the following first day of July 9 1 . 10 2. a. Except as provided in paragraph “b” , the rate of a 11 participation fee owed by a licensee shall be calculated as 12 follows: 13 (1) For a licensed grain dealer, not more than fourteen 14 thousandths of a cent per bushel assessed on all purchased 15 grain entered in the company-owned paid position during the 16 grain dealer’s last fiscal year at each location at which 17 records are maintained for transactions of the grain dealer, 18 as determined according to information submitted by the grain 19 dealer to the department for the issuance or renewal of a 20 license as provided in section 203.5. 21 (2) For a licensed warehouse operator, not more than 22 fourteen thousandths of a cent per bushel of bulk grain storage 23 capacity for each warehouse licensed pursuant to section 203C.8 24 or five hundred dollars, whichever is less. The participation 25 fee shall be determined using information provided to the 26 department by the warehouse operator applying for the issuance 27 or renewal of a license as provided in sections 203C.7 and 28 203C.37. 29 b. A licensee shall pay a participation fee of at least 30 fifty dollars. 31 3. The rate of the per-bushel fee shall not exceed 32 one-quarter cent per bushel assessed on all purchased grain 33 as defined in section 203D.1 . Until the per-bushel fee is 34 adjusted or waived as provided in this section , the per-bushel 35 -10- LSB 5887SC (2) 83 da/nh 10/ 15

S.F. _____ fee is one-quarter cent on all purchased grain. 1 2. 4. If, at the end of any three-month period, the assets 2 of the fund exceed eight million dollars, less any encumbered 3 balances or pending or unsettled claims, all of the per-bushel 4 fee required under section 203D.3, subsection 2 , and the 5 dealer-warehouse fee required under section 203D.3, subsection 6 3 , following apply: 7 a. The participation fee shall be waived and shall not 8 be assessable or owing for the following fiscal year of the 9 fund. However, the licensee shall continue to pay any owing 10 participation fee that was in effect on the prior July 1. 11 b. The per-bushel fee shall be waived and the fees 12 are shall not be assessable or owing. 13 5. The board shall reinstate the fees as provided in this 14 section if the assets of the fund, less any unencumbered 15 balances or pending or unsettled claims, are three million 16 dollars or less. 17 EXPLANATION 18 BACKGROUND. This bill amends provisions in three Code 19 chapters relating to grain transactions involving grain dealers 20 and grain warehouse operators licensed by the department of 21 agriculture and land stewardship (DALS) and the administration 22 of the grain depositors and sellers indemnity fund by the 23 department and the Iowa grain indemnity fund board (board). 24 Code chapter 203 regulates grain dealers, Code chapter 203C 25 regulates warehouse operators, and Code chapter 203D provides 26 for the fund. 27 CURRENT LICENSE SCHEDULE. A grain dealer or warehouse 28 operator must renew a license at the end of the third calendar 29 month following the close of the licensee’s fiscal year (Code 30 sections 203.5 and 203C.37). The fund’s fiscal year is the 31 same as the state’s fiscal year (from July 1 to June 30) with 32 fiscal quarters beginning on July 1, October 1, January 1, and 33 April 1. 34 CURRENT FEE STRUCTURE. The fund is principally supported 35 -11- LSB 5887SC (2) 83 da/nh 11/ 15

S.F. _____ by two fees paid by grain dealers and warehouse operators: an 1 annual fee and a per-bushel fee. 2 The first fee is an annual fee, also referred to as a 3 dealer-warehouse fee, paid by both grain dealers and warehouse 4 operators (Code sections 203D.3 and 203D.5). For grain 5 dealers, the amount of the annual fee is based on the class 6 of license held (Code sections 203.3 and 203D.3) and for 7 warehouse operators, the amount of the annual fee is based on 8 the warehouse’s storage capacity (Code section 203D.3). A 9 grain dealer or warehouse operator must pay the full annual 10 fee before a grain dealer’s or warehouse operator’s license is 11 issued or renewed (Code section 203D.3). There is no penalty 12 for a delinquent fee. The Code chapter is silent about whether 13 a grain dealer or warehouse operator may pass on the annual fee 14 to depositors. 15 The second fee is a per-bushel fee assessed once on grain 16 purchased by a grain dealer (Code section 203D.3). The rate 17 of the per-bushel fee is established and adjusted by the board 18 but cannot exceed one-quarter cent per bushel (Code section 19 203D.5). The fee is collected on the basis of the fund’s 20 fiscal quarters (Code section 203D.3). The grain dealer is 21 subject to a penalty of $10 for each day the grain dealer is 22 delinquent or an amount equal to the amount of the deficiency, 23 whichever is less (Code section 203D.3). A grain dealer may 24 pass on the cost of a per-bushel fee to the sellers (Code 25 section 203D.3). 26 The board may impose, waive, or adjust the fees as necessary 27 to maintain the fund’s solvency. The board meets on May 1 28 to impose, adjust, or waive the fees (Code section 203D.5). 29 However, if at the end of any three-month period, the fund 30 exceeds $8 million the fees are waived and no longer owing 31 (Code section 203D.5). The board may reinstate the fees if its 32 assets are more than $3 million but less than $8 million. The 33 board must reinstate the fees if the assets are less than $3 34 million. 35 -12- LSB 5887SC (2) 83 da/nh 12/ 15

S.F. _____ BILL CHANGES —— REPLACING ANNUAL FEE WITH PARTICIPATION 1 FEE. The bill replaces the annual fee with a participation 2 fee. The licensee must still pay the participation fee based 3 on the licensee’s anniversary date. The licensee must pay the 4 participation fee on the last date of the fund’s fiscal quarter 5 after the licensee’s anniversary date. However, the licensee 6 may elect to pay the participation fee in four successive 7 installments, with each installment date occurring on the 8 last date of the fund’s fiscal quarter. A person applying 9 for the issuance of a new license must pay the department 10 an initial participation fee as part of the application, and 11 then recalculate the participation fee when making the first 12 required payment as a licensee. The participation fee, like 13 the per-bushel fee, takes effect on July 1. A licensed grain 14 dealer pays not more than fourteen thousandths of a cent per 15 bushel assessed on all purchased grain and a licensed warehouse 16 operator pays not more than fourteen thousandths of a cent per 17 bushel of bulk grain storage capacity or $500 whichever is 18 less. However, the minimum payment for a licensee is $50. 19 BILL CHANGES —— PER-BUSHEL FEE. The bill amends a provision 20 that excludes certain credit-sale contracts from transactions 21 used to calculate the per-bushel fee paid by licensed grain 22 dealers. Currently, grain purchased under credit-sale 23 contracts is excluded only if it is entered into on or before 24 the date of delivery (Code section 203D.3). The bill excludes 25 all grain purchased under credit-sale contracts. A credit-sale 26 contract is an agreement for the sale of grain under which the 27 sales price is paid 30 or more days after delivery to the grain 28 dealer (Code section 203.1). Sellers cannot be reimbursed from 29 the fund from losses arising from credit-sale contracts (Code 30 section 203D.6). 31 BILL CHANGES —— LICENSEES. Currently, a person applying 32 for a warehouse license must state whether the applicant is an 33 individual, partnership, or corporation (Code section 203C.7). 34 The bill provides for filings by other business entities, 35 -13- LSB 5887SC (2) 83 da/nh 13/ 15

S.F. _____ such as limited partnerships, limited liability partnerships, 1 limited liability companies, or cooperative associations. The 2 bill provides that a warehouse license expires at the end of 3 the third calendar month following the close of the warehouse 4 operator’s fiscal year according to current practice. It also 5 includes conforming amendments to the provisions in the bill 6 providing for the issuance, suspension, or revocation of a 7 license for failing to pay a fee, and for the refund of fees 8 when a license is canceled or otherwise terminated. 9 APPLICABLE PENALTIES. Generally, a grain dealer or 10 warehouse operator who violates a provision of Code chapter 11 203 or 203C commits a simple misdemeanor or alternatively 12 is subject to a civil penalty of not more than $1,500 (Code 13 sections 203.11 and 203C.36). However, there are special 14 offenses. A person who knowingly submits false information 15 to the department is guilty of a fraudulent practice, and 16 a person who engages in the business of a grain dealer or 17 warehouse operator without a license is guilty of a serious 18 misdemeanor for the first offense and an aggravated misdemeanor 19 for a second or subsequent offense (Code sections 203.11 and 20 203C.36). A grain dealer or warehouse operator who knowingly 21 submits false information to or withholds information from the 22 department is guilty of a fraudulent practice. The penalty 23 for committing a fraudulent practice ranges from a simple 24 misdemeanor to a class “C” felony depending upon the amount of 25 money or value of property involved. 26 A simple misdemeanor is punishable by confinement for no 27 more than 30 days or a fine of at least $65 but not more than 28 $625 or by both. A serious misdemeanor is punishable by 29 confinement for no more than one year and a fine of at least 30 $315 but not more than $1,875. An aggravated misdemeanor is 31 punishable by confinement for no more than two years and a fine 32 of at least $625 but not more than $6,250. A class “D” felony 33 is punishable by confinement for no more than five years and 34 a fine of at least $750 but not more than $7,500. A class “C” 35 -14- LSB 5887SC (2) 83 da/nh 14/ 15