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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, if any of the following apply: 1 27 (1) The grain dealer's license is revoked or suspended 1 28 under section 203.10. 1 29 (2) There is evidence that the grain dealer has engaged or 1 30 is engaging in business under this chapter without obtaining a 1 31 license as required pursuant to section 203.3. 1 32 b. Upon being appointed as a receiver, the department 1 33 shall take custody and provide for the disposition of the 1 34 grain dealer assets of the grain dealer under the supervision 1 35 of the court. The petition shall be filed in the county in 2 1 which the grain dealer maintains its principal place of 2 2 business in this state. The court may issue ex parte any 2 3 temporary order as it determines necessary to preserve or 2 4 protect the grain dealer assets and the rights of interested 2 5 sellers. The petition shall be accompanied by the 2 6 department's plan for disposition of grain dealer assets which 2 7 shall provide terms as may be necessary to preserve or protect 2 8 the grain dealer assets and the rights of interested sellers, 2 9 less expenses incurred by the department in connection with 2 10 the receivership. The plan may provide for the delivery or 2 11 sale of grain as provided in section 203C.4. The plan may 2 12 provide for the operation of the business of the grain dealer 2 13 on a temporary basis and any other course of action or 2 14 procedure which will serve the interests of interested 2 15 sellers. The petition shall be filed with the clerk of the 2 16 district court who shall set a date for a hearing in the same 2 17 manner as provided in section 203C.3. Copies of the petition, 2 18 the notice of hearing, and the department's plan of 2 19 disposition shall be delivered to the following: 2 20 (1) The grain dealer and each issuer who shall receive 2 21 copies delivered in the manner required for service of an 2 22 original notice. 2 23 (2) Interested sellers as determined by the department who 2 24 shall receive copies delivered by ordinary mail. 2 25 The failure of a person to receive the required 2 26 notification shall not invalidate the proceedings on the 2 27 petition or any part of the petition for the appointment of 2 28 the department as the receiver. A person is not a party to 2 29 the action unless admitted by the court upon application. 2 30 3. When appointed as a receiver, the department shall 2 31 publish notice of the appointment in the same manner provided 2 32 in section 203C.3. 2 33 4. The department may employ or appoint a person to appear 2 34 on behalf of the department in any proceedings before the 2 35 court as provided in section 203C.3. 3 1 5. An action of the department shall not be subject to the 3 2 provisions of chapter 17A. A person employed or appointed by 3 3 the department as receiver shall be deemed to be an employee 3 4 of the state as defined in section 669.2. Chapter 669 is 3 5 applicable to any claim as defined in section 669.2 against 3 6 the person carrying out the duties of the department acting as 3 7 receiver. 3 8 6. When the department is appointed as a receiver, the 3 9 issuer shall be joined as a party, and may be ordered by the 3 10 court to pay indemnification proceeds, and shall be discharged 3 11 from further liability as provided in section 203C.4. The 3 12 department shall provide notice to interested sellers within 3 13 one hundred twenty days after the date of appointment. A 3 14 failure of a person to file a timely claim as provided by the 3 15 department shall defeat the claim, except to the extent of any 3 16 excess grain dealer assets remaining after all timely claims 3 17 are paid in full. 3 18 7. If the court approves the sale of grain, the department 3 19 shall employ or appoint a merchandiser who shall enjoy the 3 20 same status, exercise the same powers, and receive 3 21 compensation to the same extent as a merchandiser employed or 3 22 appointed pursuant to section 203C.4. A person employed or 3 23 appointed as a merchandiser must meet the following 3 24 requirements: 3 25 a. Be experienced or knowledgeable in the operation of 3 26 grain dealers as provided in this chapter. 3 27 b. Be experienced or knowledgeable in the marketing of 3 28 grain. 3 29 c. Not have had a license issued pursuant to section 203.3 3 30 suspended or revoked. 3 31 d. Not have any pecuniary interest in the grain dealer 3 32 assets of the grain dealer and not have a business 3 33 relationship with the grain dealer. 3 34 8. The sale of the grain shall proceed in the same manner 3 35 as grain sold pursuant to section 203C.4. The department may, 4 1 with the approval of the court, continue the operation of all 4 2 or any part of the business of the grain dealer on a temporary 4 3 basis and take any other course of action or procedure which 4 4 will serve the interests of interested sellers. The 4 5 department is entitled to reimbursement out of grain dealer 4 6 assets for costs directly attributable to the receivership. 4 7 The department shall be reimbursed from the grain dealer 4 8 assets in the same manner as provided in section 203C.4. If 4 9 the approved plan of disposition requires a distribution of 4 10 cash proceeds, the department shall submit to the court a 4 11 proposed plan of distribution of those proceeds. The plan 4 12 shall be approved and executed and the department shall be 4 13 discharged and the receivership terminated in the same manner 4 14 as provided in section 203C.4. 4 15 EXPLANATION 4 16 This bill amends chapter 203 which provides for the 4 17 regulation of grain dealers by the department of agriculture 4 18 and land stewardship. Generally, a grain dealer is a person 4 19 who buys during any calendar month 500 bushels of grain or 4 20 more from producers of the grain for purposes of resale, 4 21 milling, or processing. This bill provides that the 4 22 department may file a petition in district court requesting 4 23 that the department be appointed as a receiver of grain and 4 24 grain related assets of a grain dealer. The provisions are 4 25 similar to receivership procedures and powers provided under 4 26 chapter 203C for grain warehouses. The bill provides 4 27 procedures for filing a petition and providing notice to 4 28 persons interested in the disposition of the grain dealer 4 29 assets. The bill provides that a petition by the department 4 30 must be accompanied by a plan for the distribution of the 4 31 grain dealer assets. The plan may provide for the operation 4 32 of all or any part of the business of the grain dealer on a 4 33 temporary basis. 4 34 The bill also provides for the powers and duties of the 4 35 department acting as receiver, including for the payment of 5 1 claims. The bill provides for the appointment of a 5 2 merchandiser to accomplish the sale of grain. The bill 5 3 provides that the department is entitled to reimbursement out 5 4 of the grain or proceeds held in receivership for expenses. 5 5 The bill requires the department to receive court approval of 5 6 any disposition of cash proceeds. When the plan is approved 5 7 by the court and executed by the department, the receivership 5 8 is terminated. At termination, the department is required to 5 9 file a final report with the court. 5 10 Section 203.8 currently requires a grain dealer to pay an 5 11 owner of grain within 30 days of demand, unless the purchase 5 12 is pursuant to a credit sale contract. The bill amends 5 13 section 203.8 to provide that the 30-day requirement applies 5 14 to persons required to be licensed as grain dealers. 5 15 LSB 4240SC 76 5 16 da/jw/5
Text: SSB02272 Text: SSB02274 Text: SSB02200 - SSB02299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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