Senate Study Bill 1113 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            AGRICULTURE BILL BY
                                            CHAIRPERSON FRAISE)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the grain depositors and sellers indemnity
  2    fund.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1171XC 83
  5 da/nh/14

PAG LIN



  1  1    Section 1.  Section 203D.5, subsection 2, Code 2009, is
  1  2 amended to read as follows:
  1  3    2.  If, at the end of any three=month period, the assets of
  1  4 the fund exceed six twelve million dollars, less any
  1  5 encumbered balances or pending or unsettled claims, the
  1  6 per=bushel fee required under section 203D.3, subsection 2,
  1  7 and the dealer=warehouse fee required under section 203D.3,
  1  8 subsection 3, shall be waived and the fees are not assessable
  1  9 or owing.  The board shall reinstate the fees if the assets of
  1 10 the fund, less any unencumbered balances or pending or
  1 11 unsettled claims, are three six million dollars or less.
  1 12    Sec. 2.  Section 203D.6, subsection 7, Code 2009, is
  1 13 amended to read as follows:
  1 14    7.  PAYMENT OF CLAIMS.  Upon a determination that the claim
  1 15 is eligible for payment, the board shall provide for payment
  1 16 of ninety percent of the loss, as determined under subsection
  1 17 4, but not more than one three hundred fifty thousand dollars
  1 18 per claimant.  If at any time the board determines that there
  1 19 are insufficient funds to make payment of all claims, the
  1 20 board may order that payment be deferred on specified claims.
  1 21 The department, upon the board's instruction, shall hold those
  1 22 claims for payment until the board determines that the fund
  1 23 again contains sufficient assets.
  1 24                           EXPLANATION
  1 25    BACKGROUND.  This bill amends Code chapter 203D which
  1 26 establishes the grain depositors and sellers indemnity fund
  1 27 for use in indemnifying a "depositor" who has stored grain
  1 28 with a warehouse operator licensed in this state, for losses
  1 29 resulting from the depositor's right to receive possession of
  1 30 the grain, and a "seller" who is a producer selling grain to a
  1 31 grain dealer, for losses resulting from a failure to receive
  1 32 payment for that grain.  The fund is administered by the Iowa
  1 33 grain indemnity fund board, and grain dealers and warehouse
  1 34 operators are regulated by the department of agriculture and
  1 35 land stewardship.
  2  1    The fund is supported by the following fees:  (1)  a
  2  2 dealer=warehouse fee which is a fixed amount imposed upon
  2  3 licensed grain dealers and warehouse operators (for grain
  2  4 dealers an amount based on whether they hold a class 1 or
  2  5 class 2 license, and for warehouse operators an amount based
  2  6 on warehouse storage capacity), and (2) a per=bushel fee
  2  7 imposed on "purchased grain", which is grain sold to a grain
  2  8 dealer by a seller, remitted by the grain dealer to the
  2  9 department, and allowed to be passed through to the seller.
  2 10    The board is provided discretion in its administration of
  2 11 the fund.  It may suspend ("waive") the assessment of the
  2 12 dealer=warehouse fee or the per=bushel fee, if the
  2 13 unencumbered balance of the fund (less pending claims) is more
  2 14 than $3 million.  Conversely, the fees are automatically
  2 15 waived once the balance exceeds $6 million.
  2 16    A person who timely files an eligible claim with the board
  2 17 is entitled to receive 90 percent of a loss with a maximum
  2 18 payout of $150,000.
  2 19    BILL'S PROVISIONS.  The balance in the fund required to
  2 20 automatically waive the assessment of the dealer=warehouse fee
  2 21 and the per=bushel fee, is increased from $6 million to $12
  2 22 million.  The balance in the fund required to automatically
  2 23 reinstate the fees is increased from $3 million to $6 million.
  2 24 The amount of the maximum payout for a loss by an eligible
  2 25 claimant is increased from $150,000 to $300,000.
  2 26 LSB 1171XC 83
  2 27 da/nh/14.2