Text: HF02438 Text: HF02440 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
PAG LIN 1 1 Section 1. Section 203.8, unnumbered paragraph 1, Code 1 2 1995, is amended to read as follows: 1 3 A person required to be licensed as a grain dealer shall 1 4 pay the purchase price to the owner or the owner's agent for 1 5 grain upon delivery or demand of the owner or agent, but not 1 6 later than thirty days after delivery by the owner or agent 1 7 unless in accordance with the terms of a credit-sale contract 1 8 that satisfies the requirements of this chapter. 1 9 Sec. 2. NEW SECTION. 203.12B APPOINTMENT OF DEPARTMENT 1 10 AS RECEIVER. 1 11 1. As used in this section: 1 12 a. "Grain dealer assets" means the same as defined in 1 13 section 203.12A, including any proceeds from a deficiency bond 1 14 or irrevocable letter of credit, or any insurance policy 1 15 relating to those assets. 1 16 b. "Interested seller" means a person who delivers or has 1 17 delivered grain to a grain dealer who has not been paid as 1 18 provided in section 203.8 or according to the terms of a 1 19 credit sale contract breached by the grain dealer. 1 20 c. "Issuer" means a person who issues a deficiency bond or 1 21 an irrevocable letter of credit pursuant to section 203.3, or 1 22 an issuer of grain assets. 1 23 2. a. The department may file a verified petition in 1 24 district court requesting that the department be appointed as 1 25 a receiver, and the district court shall appoint the 1 26 department as receiver, in order to protect interested 1 27 sellers, if any of the following apply: 1 28 (1) The grain dealer's license is revoked or suspended 1 29 under section 203.10. 1 30 (2) There is evidence that the grain dealer has engaged or 1 31 is engaging in business under this chapter without obtaining a 1 32 license as required pursuant to section 203.3. 1 33 b. Upon being appointed as a receiver, the department 1 34 shall take custody and provide for the disposition of the 1 35 grain dealer assets of the grain dealer under the supervision 2 1 of the court. The petition shall be filed in the county in 2 2 which the grain dealer maintains its principal place of 2 3 business in this state. The court may issue ex parte any 2 4 temporary order as it determines necessary to preserve or 2 5 protect the grain dealer assets and the rights of interested 2 6 sellers. The petition shall be accompanied by the 2 7 department's plan for disposition of grain dealer assets which 2 8 shall provide terms as may be necessary to preserve or protect 2 9 the grain dealer assets and the rights of interested sellers, 2 10 less expenses incurred by the department in connection with 2 11 the receivership. The plan may provide for the delivery or 2 12 sale of grain as provided in section 203C.4. The plan may 2 13 provide for the operation of the business of the grain dealer 2 14 on a temporary basis and any other course of action or 2 15 procedure which will serve the interests of interested 2 16 sellers. The petition shall be filed with the clerk of the 2 17 district court who shall set a date for a hearing in the same 2 18 manner as provided in section 203C.3. Copies of the petition, 2 19 the notice of hearing, and the department's plan of 2 20 disposition shall be delivered to the following: 2 21 (1) The grain dealer and each issuer who shall receive 2 22 copies delivered in the manner required for service of an 2 23 original notice. 2 24 (2) Interested sellers as determined by the department who 2 25 shall receive copies delivered by ordinary mail. 2 26 The failure of a person to receive the required 2 27 notification shall not invalidate the proceedings on the 2 28 petition or any part of the petition for the appointment of 2 29 the department as the receiver. A person is not a party to 2 30 the action unless admitted by the court upon application. 2 31 3. When appointed as a receiver, the department shall 2 32 publish notice of the appointment in the same manner provided 2 33 in section 203C.3. 2 34 4. The department may employ or appoint a person to appear 2 35 on behalf of the department in any proceedings before the 3 1 court as provided in section 203C.3. 3 2 5. An action of the department shall not be subject to the 3 3 provisions of chapter 17A. A person employed or appointed by 3 4 the department as receiver shall be deemed to be an employee 3 5 of the state as defined in section 669.2. Chapter 669 is 3 6 applicable to any claim as defined in section 669.2 against 3 7 the person carrying out the duties of the department acting as 3 8 receiver. 3 9 6. When the department is appointed as a receiver, the 3 10 issuer shall be joined as a party, and may be ordered by the 3 11 court to pay indemnification proceeds, and shall be discharged 3 12 from further liability as provided in section 203C.4. The 3 13 department shall provide notice to interested sellers within 3 14 one hundred twenty days after the date of appointment. A 3 15 failure of a person to file a timely claim as provided by the 3 16 department shall defeat the claim, except to the extent of any 3 17 excess grain dealer assets remaining after all timely claims 3 18 are paid in full. 3 19 7. If the court approves the sale of grain, the department 3 20 shall employ or appoint a merchandiser who shall enjoy the 3 21 same status, exercise the same powers, and receive 3 22 compensation to the same extent as a merchandiser employed or 3 23 appointed pursuant to section 203C.4. A person employed or 3 24 appointed as a merchandiser must meet the following 3 25 requirements: 3 26 a. Be experienced or knowledgeable in the operation of 3 27 grain dealers as provided in this chapter. 3 28 b. Be experienced or knowledgeable in the marketing of 3 29 grain. 3 30 c. Not have had a license issued pursuant to section 203.3 3 31 suspended or revoked. 3 32 d. Not have any pecuniary interest in the grain dealer 3 33 assets of the grain dealer and not have a business 3 34 relationship with the grain dealer. 3 35 8. The sale of the grain shall proceed in the same manner 4 1 as grain sold pursuant to section 203C.4. The department may, 4 2 with the approval of the court, continue the operation of all 4 3 or any part of the business of the grain dealer on a temporary 4 4 basis and take any other course of action or procedure which 4 5 will serve the interests of interested sellers. The 4 6 department is entitled to reimbursement out of grain dealer 4 7 assets for costs directly attributable to the receivership. 4 8 The department shall be reimbursed from the grain dealer 4 9 assets in the same manner as provided in section 203C.4. If 4 10 the approved plan of disposition requires a distribution of 4 11 cash proceeds, the department shall submit to the court a 4 12 proposed plan of distribution of those proceeds. The plan 4 13 shall be approved and executed and the department shall be 4 14 discharged and the receivership terminated in the same manner 4 15 as provided in section 203C.4. 4 16 EXPLANATION 4 17 This bill amends chapter 203 which provides for the 4 18 regulation of grain dealers by the department of agriculture 4 19 and land stewardship. Generally, a grain dealer is a person 4 20 who buys during any calendar month 500 bushels of grain or 4 21 more from producers of the grain for purposes of resale, 4 22 milling, or processing. This bill provides that the 4 23 department may file a petition in district court requesting 4 24 that the department be appointed as a receiver of grain and 4 25 grain related assets of a grain dealer. The provisions are 4 26 similar to receivership procedures and powers provided under 4 27 chapter 203C for grain warehouses. The bill provides 4 28 procedures for filing a petition and providing notice to 4 29 persons interested in the disposition of the grain dealer 4 30 assets. The bill provides that a petition by the department 4 31 must be accompanied by a plan for the distribution of the 4 32 grain dealer assets. The plan may provide for the operation 4 33 of all or any part of the business of the grain dealer on a 4 34 temporary basis. 4 35 The bill also provides for the powers and duties of the 5 1 department acting as receiver, including for the payment of 5 2 claims. The bill provides for the appointment of a 5 3 merchandiser to accomplish the sale of grain. The bill 5 4 provides that the department is entitled to reimbursement out 5 5 of the grain or proceeds held in receivership for expenses. 5 6 The bill requires the department to receive court approval of 5 7 any disposition of cash proceeds. When the plan is approved 5 8 by the court and executed by the department, the receivership 5 9 is terminated. At termination, the department is required to 5 10 file a final report with the court. 5 11 Section 203.8 currently requires a grain dealer to pay an 5 12 owner of grain within 30 days of demand, unless the purchase 5 13 is pursuant to a credit sale contract. The bill amends 5 14 section 203.8 to provide that the 30-day requirement applies 5 15 to persons required to be licensed as grain dealers. 5 16 LSB 4240HV 76 5 17 da/jw/5
Text: HF02438 Text: HF02440 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Tue Apr 2 13:32:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/HF/02400/HF02439/960305.html
jhf