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PAG LIN
1 1 SUBCHAPTER 1
1 2 DEFINITIONS
1 3 Section 1. NEW SECTION. 175B.101 DEFINITIONS.
1 4 As used in this chapter, unless the context otherwise
1 5 requires:
1 6 1. "Commodity organization" means the Iowa soybean
1 7 promotion board established pursuant to section 185.3 or the
1 8 Iowa corn promotion board created in section 185C.3.
1 9 2. "Contamination" means the presence of a plant or plant
1 10 part that causes a registered producer a loss as provided in
1 11 section 175B.403.
1 12 3. "Corn" means the same as defined in section 185C.1.
1 13 4. "Department" means the department of agriculture and
1 14 land stewardship.
1 15 5. "Excise tax" means the assessment of an excise tax
1 16 imposed on a producer and collected for the benefit of a
1 17 commodity organization as provided in section 185.21 or
1 18 185C.21.
1 19 6. "First purchaser" means any of the following:
1 20 a. A first purchaser as defined in section 185.1 who
1 21 purchases soybeans from a registered producer for the first
1 22 time in the same manner as provided in chapter 185.
1 23 b. A first purchaser as defined in section 185C.1 who
1 24 purchases corn from a registered producer for the first time
1 25 in the same manner as provided in section 185C.1.
1 26 7. "Grain" means corn or soybeans.
1 27 8. "Grain integrity indemnity fund" or "indemnity fund"
1 28 means the grain integrity indemnity fund established in
1 29 section 175B.402.
1 30 9. "Grain integrity indemnity fund board" or "indemnity
1 31 board" means the grain integrity indemnity fund board created
1 32 pursuant to section 175B.201.
1 33 10. "Producer" means any of the following:
1 34 a. A producer as defined in section 185.1.
1 35 b. A producer as defined in section 185C.1.
2 1 11. "Record" means the same as defined in section 516E.1.
2 2 12. "Registered producer" means a producer who is
2 3 registered with the indemnity board as provided in section
2 4 175B.206.
2 5 13. "Soybeans" means the same as defined in section 185.1.
2 6 SUBCHAPTER 2
2 7 ADMINISTRATION
2 8 Sec. 2. NEW SECTION. 175B.201 GRAIN INTEGRITY INDEMNITY
2 9 BOARD – ESTABLISHED; COMPOSITION.
2 10 The grain integrity indemnity board is established in the
2 11 department. The indemnity board is composed of all of the
2 12 following members:
2 13 1. The secretary of agriculture or a designee who shall
2 14 serve as chairperson.
2 15 2. The commissioner of insurance or a designee.
2 16 3. The state treasurer or a designee.
2 17 4. Six representatives of the grain industry appointed by
2 18 the governor, subject to confirmation by the senate pursuant
2 19 to section 2.32. Appointments of members are subject to the
2 20 requirements of sections 69.16 and 69.16A. In addition, the
2 21 appointments shall be geographically balanced. The appointed
2 22 members shall serve three-year terms beginning and ending as
2 23 provided in section 69.19. However, the governor shall
2 24 appoint initial members to serve for less than three years to
2 25 ensure members serve staggered terms. A member is eligible
2 26 for reappointment. A vacancy on the indemnity board shall be
2 27 filled for the unexpired portion of the regular term in the
2 28 same manner as regular appointments are made. Of the six
2 29 members, four shall represent registered producers and two
2 30 shall represent first purchasers.
2 31 a. Of the four members representing registered producers,
2 32 two shall represent corn producers and two shall represent
2 33 soybean producers. In order to qualify for appointment, a
2 34 registered producer must have derived a substantial portion of
2 35 the person's income, wages, or salary from selling grain on a
3 1 premium basis due to intrinsic characteristics of the use of
3 2 organic production methods or systems. At least one
3 3 registered producer shall be a member of the organic standards
3 4 board created pursuant to section 190C.2.
3 5 b. Of the two members representing first purchasers, one
3 6 shall represent first purchasers of corn and one shall
3 7 represent first purchasers of soybeans. Both members shall be
3 8 licensed as grain dealers under section 203.3 and warehouse
3 9 operators as provided in section 203C.6. In order to qualify
3 10 for appointment, a first purchaser must have experience in
3 11 purchasing grain on a premium basis due to its intrinsic
3 12 characteristics or the use of organic production methods or
3 13 systems, and storing such grain.
3 14 Sec. 3. NEW SECTION. 175B.202 GRAIN INTEGRITY INDEMNITY
3 15 BOARD – TERMS, PROCEDURE, AND COMPENSATION.
3 16 1. The indemnity board shall meet on a regular basis and
3 17 at the call of the chairperson or upon the written request to
3 18 the chairperson of three or more members.
3 19 2. Appointed members are entitled to receive compensation
3 20 or reimbursement of expenses from the department as otherwise
3 21 provided in section 7E.6.
3 22 3. Five voting members constitute a quorum and the
3 23 affirmative vote of a majority of the voting members present
3 24 is necessary for any substantive action to be taken by the
3 25 commission. The majority shall not include any member who has
3 26 a conflict of interest and a statement by a member that the
3 27 member has a conflict of interest is conclusive for this
3 28 purpose. A vacancy in the membership does not impair the
3 29 duties of the indemnity board.
3 30 Sec. 4. NEW SECTION. 175B.203 GRAIN INTEGRITY INDEMNITY
3 31 BOARD – POWERS AND DUTIES.
3 32 1. The grain integrity indemnity board, in consultation
3 33 with the department, shall administer the provisions of this
3 34 chapter. The indemnity board shall do all of the following:
3 35 a. Provide for its organization and procedures, including
4 1 but not limited to procedures for determining claims as
4 2 provided in section 175B.404.
4 3 b. Establish and adjust the indemnity assessment and its
4 4 rate as provided in section 175B.302.
4 5 c. Provide for the administration of the grain integrity
4 6 indemnity fund as provided in subchapter 4, including but not
4 7 limited to the payment of claims from the indemnity fund and
4 8 the payment of administrative costs from the indemnity fund.
4 9 2. The indemnity board shall approve rules adopted by the
4 10 department as provided in chapter 175B.204 necessary to carry
4 11 out its duties under this chapter.
4 12 Sec. 5. NEW SECTION. 175B.204 DEPARTMENT – POWERS AND
4 13 DUTIES.
4 14 1. The department shall perform the administrative
4 15 functions necessary for the operation of the indemnity board
4 16 and the management of the grain integrity indemnity fund as
4 17 provided in section 175B.302. The department shall act in a
4 18 manner necessary to minimize the risk of loss to the indemnity
4 19 fund while protecting interests of depositors and sellers of
4 20 grain.
4 21 2. Administrative costs approved by the indemnity board
4 22 shall be paid from the grain integrity indemnity fund. Prior
4 23 to July 1, the department shall determine the balance of
4 24 moneys available to administer this chapter for the next
4 25 fiscal year by calculating the ending balance of the indemnity
4 26 fund on June 30, and report the amount to the indemnity board
4 27 together with its estimate of the amount required by the
4 28 department to administer this chapter. Not more than three
4 29 percent of the ending balance of the indemnity fund as of June
4 30 30 shall be used to pay for administrative costs of the
4 31 department for the fiscal year beginning on the following July
4 32 1 and ending on June 30.
4 33 3. The department, upon approval by the indemnity board,
4 34 shall adopt all rules necessary for the administration of this
4 35 chapter.
5 1 Sec. 6. NEW SECTION. 175B.205 COOPERATION BY COMMODITY
5 2 ORGANIZATIONS.
5 3 The indemnity board and existent commodity organizations
5 4 and their affiliated associations shall cooperate with the
5 5 indemnity board and the department in administering this
5 6 chapter.
5 7 Sec. 7. NEW SECTION. 175B.206 PRODUCER REGISTRATION.
5 8 A producer who elects to participate under this chapter
5 9 must register with the indemnity board as required by the
5 10 indemnity board. A producer shall be eligible to register
5 11 under this section if the producer is any of the following:
5 12 1. Certified as a producer of organic grain as provided in
5 13 section 190C.13.
5 14 2. A party to a contract for the production or marketing
5 15 of grain based on intrinsic characteristics of the grain or
5 16 specialized production methods that provide a higher than
5 17 market price for the delivery of such grain.
5 18 SUBCHAPTER 3
5 19 GRAIN INTEGRITY INDEMNITY ASSESSMENT
5 20 Sec. 8. NEW SECTION. 175B.301 GRAIN INTEGRITY INDEMNITY
5 21 ASSESSMENT – ESTABLISHMENT.
5 22 1. There is established a grain integrity indemnity
5 23 assessment that shall be imposed and collected as provided in
5 24 section 175B.302. The indemnity assessment shall be collected
5 25 grain that is owned by a registered producer and subject to
5 26 the standards provided in chapter 190C or a contract for the
5 27 production or marketing of grain based on intrinsic
5 28 characteristics of the grain or specialized production methods
5 29 that provide a higher than market price for the delivery of
5 30 such grain.
5 31 2. a. Except as provided in paragraph "b", the indemnity
5 32 assessment shall be imposed upon registered producers of the
5 33 commodities provided in this section and collected by the
5 34 first purchasers of the commodities in the same manner as
5 35 excise taxes, regardless of whether an excise tax is actually
6 1 being collected pursuant to a referendum or whether the excise
6 2 tax has been suspended pursuant to a federal Act.
6 3 b. Notwithstanding procedures used for the collection of
6 4 excise taxes for the sale of grain to consumers or first
6 5 purchasers in other states, as provided in chapters 185 and
6 6 185C, the indemnity board may exempt these transactions, or
6 7 provide for other collection procedures including but not
6 8 limited to requiring payment directly by the registered
6 9 producer or executing agreements with first purchasers from
6 10 outside this state for the payment of the indemnity
6 11 assessment.
6 12 c. An indemnity assessment shall not be imposed upon grain
6 13 that is produced outside this state.
6 14 Sec. 9. NEW SECTION. 175B.302 GRAIN INDEMNITY ASSESSMENT
6 15 – RATES.
6 16 1. The grain indemnity assessment shall be assessed as
6 17 follows:
6 18 a. For soybeans that are subject to an excise tax levied
6 19 on registered producers and collected by first purchasers, as
6 20 provided in chapter 185, the indemnity assessment shall be
6 21 collected by the first purchasers at a rate of not more than
6 22 one-quarter of one percent of the net market price of the
6 23 soybeans marketed in this state and sold to a first purchaser,
6 24 in the same manner as provided in section 185.21.
6 25 b. For corn that is subject to an excise tax levied on
6 26 registered producers and collected by first purchasers, as
6 27 provided in chapter 185C, the indemnity assessment shall be
6 28 collected by the first purchasers at a rate of not more than
6 29 one-quarter of one cent per bushel upon corn marketed in this
6 30 state and sold to a first purchaser, in the same manner as
6 31 provided in section 185C.21.
6 32 2. An indemnity assessment is not refundable.
6 33 3. The indemnity board shall review annually the debits of
6 34 and credits to the indemnity fund and shall make any
6 35 adjustments in the rates of the indemnity assessment that are
7 1 necessary to maintain the indemnity fund within the limits
7 2 established under this section. Not later than the first day
7 3 of May of each year, the indemnity board shall determine the
7 4 proposed rate of the indemnity assessment based on the
7 5 expected volume of grain on which the indemnity assessment is
7 6 to be collected. The rates for the indemnity assessment shall
7 7 be established and adjusted by rule adopted by the department
7 8 that shall be effective on July 1 of each year. The rates
7 9 shall expire on the following June 30. Notwithstanding
7 10 section 17A.5, a rule adopted under this section to establish
7 11 rates for the indemnity assessment or increase the rates shall
7 12 not be effective immediately upon filing and shall not be made
7 13 retroactively applicable.
7 14 4. The indemnity board may charge interest on any amount
7 15 of an indemnity assessment that is delinquent. The rate of
7 16 interest shall not be more than the current rate published in
7 17 the Iowa administrative bulletin by the department of revenue
7 18 and finance pursuant to section 421.7. The interest amount
7 19 shall be computed from the date the indemnity assessment is
7 20 delinquent, unless the department designates a later date.
7 21 The interest amount shall accrue for each month in which there
7 22 is delinquency calculated as provided in section 421.7, and
7 23 counting each fraction of a month as an entire month. The
7 24 interest amount due shall become a part of the amount of the
7 25 indemnity assessment due.
7 26 5. The amount of an indemnity assessment, including any
7 27 delinquency penalty, shall constitute a debt due the state and
7 28 become the basis of a judgment against the first purchaser in
7 29 arrears.
7 30 Sec. 10. NEW SECTION. 175B.303 GRAIN INDEMNITY
7 31 ASSESSMENT – SUSPENSION.
7 32 If, at the end of any three-month period, the assets of the
7 33 grain integrity indemnity fund exceeds twenty-five million
7 34 dollars, less any unencumbered balances or pending or
7 35 unsettled claims, the indemnity board shall suspend the
8 1 indemnity assessment. The indemnity assessment shall not be
8 2 due or owing during the period of the suspension. The
8 3 indemnity board shall reinstate the indemnity assessment if
8 4 the assets of the indemnity fund, less any unencumbered
8 5 balances or pending or unsettled claims, are fifteen million
8 6 dollars or less.
8 7 Sec. 11. NEW SECTION. 175B.304 RECORDS.
8 8 1. A first purchaser shall provide records as required by
8 9 the indemnity board in order to notify registered producers of
8 10 the grain integrity indemnity assessment and account for
8 11 revenues from the indemnity assessment remitted to the
8 12 treasurer of state pursuant to section 175B.401.
8 13 2. The records shall include all of the following:
8 14 a. A receipt returned to the registered producer that
8 15 includes the rate for the indemnity assessment imposed and the
8 16 total amount of the indemnity assessment.
8 17 b. An invoice which shall be delivered to the indemnity
8 18 board within a period established by rules adopted by the
8 19 indemnity board in order to audit the amount of the indemnity
8 20 assessments owed, due, and collected. The invoice shall at
8 21 least include all of the following:
8 22 (1) The name and address of the registered producer.
8 23 (2) The name and address of the first purchaser.
8 24 (3) The type of grain subject to the indemnity assessment.
8 25 (4) The number of bushels of the grain purchased as
8 26 required in order to calculate the amount collected from the
8 27 indemnity assessment.
8 28 c. The date of the grain's delivery or purchase.
8 29 3. The first purchaser shall authenticate the invoice as
8 30 required by the indemnity board. The department may require
8 31 that the first purchaser submit a separate invoice for each
8 32 purchase.
8 33 4. The department may provide for different forms of
8 34 records based on the commodity purchased or may use joint
8 35 records, including but not limited to invoices, for use by
9 1 commodity organizations and the department on single forms.
9 2 5. A first purchaser shall provide the indemnity board
9 3 with any information required by the indemnity board to carry
9 4 out the provisions of this part. For the purpose of
9 5 ascertaining the correctness of any information provided to
9 6 the indemnity board, the board may examine the first
9 7 purchaser's records.
9 8 SUBCHAPTER 4
9 9 GRAIN INTEGRITY INDEMNITY FUND – INDEMNIFICATION
9 10 Sec. 12. NEW SECTION. 175B.401 GRAIN INTEGRITY INDEMNITY
9 11 ASSESSMENTS – DEPOSIT IN THE GRAIN INTEGRITY INDEMNITY FUND.
9 12 1. A first purchaser shall remit amounts collected from
9 13 the grain integrity indemnity assessments to the treasurer of
9 14 state as required by the treasurer of state for deposit in the
9 15 grain integrity indemnity fund.
9 16 2. The treasurer of state may require that grain integrity
9 17 indemnity assessments be remitted in the same manner, at the
9 18 same time, and according to the same procedures as the excise
9 19 taxes. However, the indemnity assessments shall not be
9 20 commingled with any other moneys, including excise taxes.
9 21 Sec. 13. NEW SECTION. 175B.402 GRAIN INTEGRITY INDEMNITY
9 22 FUND.
9 23 1. A grain integrity indemnity fund is created in the
9 24 state treasury under the control of the indemnity board. The
9 25 indemnity fund is separate from the general fund of the state.
9 26 2. The fiscal year of the indemnity fund begins July 1.
9 27 The finances of the indemnity fund shall be calculated on an
9 28 accrual basis in accordance with generally accepted accounting
9 29 principles.
9 30 3. The indemnity fund is composed of moneys appropriated
9 31 by the general assembly and moneys available to and obtained
9 32 or accepted by the indemnity board or the department from the
9 33 United States government or private sources for placement in
9 34 the indemnity fund. The indemnity fund shall include moneys
9 35 deposited into the fund from moneys collected by the
10 1 imposition of the grain integrity indemnity assessment.
10 2 4. The moneys deposited in the indemnity fund are
10 3 appropriated to the indemnity board for the exclusive purpose
10 4 of satisfying claims as provided in this subchapter and
10 5 providing moneys for paying the department for costs related
10 6 to administering the provisions of this chapter. Moneys in
10 7 the indemnity fund shall not be subject to appropriation or
10 8 expenditure for any other purpose than provided in this
10 9 section.
10 10 5. The treasurer of state shall act as custodian of the
10 11 indemnity fund and disburse amounts contained in the indemnity
10 12 fund as directed by the indemnity board. The treasurer of
10 13 state is authorized to invest the moneys deposited in the
10 14 indemnity fund. Notwithstanding section 8.33, any unexpended
10 15 balance in the indemnity fund at the end of the fiscal year
10 16 shall be retained in the fund. Notwithstanding section 12C.7,
10 17 subsection 2, interest, earnings on investments, or time
10 18 deposits of the moneys in the indemnity fund shall be credited
10 19 to the fund.
10 20 Sec. 14. NEW SECTION. 175B.403 CLAIMS AGAINST FUND –
10 21 CONTAMINATION.
10 22 A registered producer may file a claim with the indemnity
10 23 board for a loss based on the diminution of value of the
10 24 registered producer's grain due to contamination.
10 25 Contamination occurs when there is a presence of a plant or
10 26 plant part, including but not limited to a crop's seed, on
10 27 property in which the registered producer holds a legal or
10 28 equitable interest, if the plant or plant part was
10 29 intentionally or unintentionally transferred from a location
10 30 other than property in which the registered producer holds a
10 31 legal or equitable interest, and its presence alters the
10 32 genetic characteristics of a plant growing on the registered
10 33 producer's property or is commingled with crops stored on the
10 34 registered producer's property. Contamination includes but is
10 35 not limited to the transfer of seeds or the pollination of
11 1 crops or other plants inhabiting the registered producer's
11 2 property.
11 3 Sec. 15. NEW SECTION. 175B.404 PROCEDURE FOR FILING AND
11 4 DETERMINATION OF CLAIMS.
11 5 1. A claim by a registered producer shall be filed in the
11 6 manner prescribed by the indemnity board.
11 7 2. The indemnity board shall determine a claim to be
11 8 eligible for payment from the indemnity fund if the board
11 9 finds all of the following:
11 10 a. The claim was timely filed according to procedures
11 11 required by the indemnity board. However, a claim shall not
11 12 be timely filed if the claim is filed later than twelve months
11 13 after a crop subject to the claim has been harvested.
11 14 b. The claimant qualifies as a producer who has registered
11 15 pursuant to section 175B.206.
11 16 c. The claim derives from a loss due to contamination of
11 17 the registered producer's grain.
11 18 d. The registered producer's loss was not due to the
11 19 reckless disregard of sound management practices required to
11 20 prevent contamination of the registered producer's crop.
11 21 e. There is adequate documentation to establish the
11 22 existence of a claim and to determine the amount of the loss.
11 23 The indemnity board may require that the registered producer
11 24 provide invoices provided for the first purchaser.
11 25 3. The indemnity board shall determine the dollar value of
11 26 a claim incurred by a registered producer eligible to file a
11 27 claim under this section based on the registered producer's
11 28 loss.
11 29 a. The value of the claim shall be the difference between
11 30 the grain's fair market price as if the contamination had not
11 31 occurred and the fair market price of the contaminated grain.
11 32 (1) The indemnity board shall determine the fair market
11 33 value for the grain as if the contamination had not occurred
11 34 based on the market price that grain of a similar type and
11 35 condition, and with the same intrinsic characteristics
12 1 received by sellers on the date that the registered producer
12 2 sold the grain to the first purchaser. However, if the
12 3 registered producer executed a contract for the sale of the
12 4 grain prior to the contamination, the board shall determine
12 5 the fair market value for the grain as if the contamination
12 6 had not occurred based on the contract price.
12 7 (2) The indemnity board shall presume that the fair market
12 8 price for the contaminated grain is the same price accepted by
12 9 the registered producer of the grain from the first purchaser
12 10 who purchased the grain with knowledge of the contamination.
12 11 b. A registered producer filing claims under this section
12 12 shall be bound by the value determined by the indemnity board.
12 13 The value of the loss is the outstanding balance on the
12 14 validated claim at the time of payment from the indemnity
12 15 fund.
12 16 4. Upon a determination that a claim is eligible for
12 17 payment, the indemnity board shall provide for payment of
12 18 ninety percent of the loss, but not more than one hundred
12 19 fifty thousand dollars per claimant.
12 20 5. The indemnity board shall provide for notice to a
12 21 claimant of the board's determination of eligibility and value
12 22 of the registered producer's loss. The notice shall be
12 23 delivered by certified mail, return receipt requested. Within
12 24 twenty days of the delivery of the notice, the registered
12 25 producer may request a hearing for the review of either
12 26 determination. The request shall be made in the manner
12 27 provided by the indemnity board. The hearing and any further
12 28 appeal shall be conducted as a contested case subject to
12 29 chapter 17A. A registered producer whose claim has been
12 30 refused by the indemnity board may appeal the refusal to
12 31 either the district court of Polk county or the district court
12 32 of the county in which the registered producer resides.
12 33 6. If at any time the indemnity board determines that
12 34 there are insufficient moneys to make payment of all claims,
12 35 the indemnity board may order that payment be deferred on
13 1 specified claims. The indemnity board shall hold those claims
13 2 for payment until the indemnity board determines that the
13 3 indemnity fund again contains sufficient assets.
13 4 Sec. 16. NEW SECTION. 175B.405 SUBROGATION.
13 5 In the event of payment of a loss under section 175B.404,
13 6 the indemnity fund is subrogated to the extent of the amount
13 7 of any payments to all rights, powers, privileges, and
13 8 remedies of the registered producer against any person
13 9 regarding the loss. The registered producer shall render all
13 10 necessary assistance to aid the indemnity board in securing
13 11 the rights granted in this section. No action or claim
13 12 initiated by a registered producer and pending at the time of
13 13 payment from the indemnity fund shall be compromised or
13 14 settled without the consent of the indemnity board.
13 15 Sec. 17. NEW SECTION. 175B.406 NO OBLIGATION OF STATE.
13 16 This chapter does not imply any guarantee or obligation on
13 17 the part of the state of Iowa, or any of its agencies,
13 18 employees, or officials, either elective or appointive, in
13 19 respect of any agreement or undertaking to which this chapter
13 20 relates.
13 21 Sec. 18. NEW SECTION. 185.22A COOPERATION WITH THE GRAIN
13 22 INTEGRITY INDEMNITY BOARD.
13 23 The council shall cooperate with the grain integrity
13 24 indemnity board as created in section 175B.201. The grain
13 25 integrity indemnity board in cooperation with the council may
13 26 require the use of joint records, including but not limited to
13 27 invoices as provided in sections 175B.304 and 185.22, on
13 28 single forms.
13 29 Sec. 19. NEW SECTION. 185C.22A COOPERATION WITH THE
13 30 GRAIN INTEGRITY INDEMNITY FUND BOARD.
13 31 The council shall cooperate with the grain integrity
13 32 indemnity fund board as created in section 175B.201. The
13 33 grain integrity indemnity board in cooperation with the
13 34 council may require the use of joint records, including but
13 35 not limited to invoices as provided in sections 175B.304 and
14 1 185C.22, on single forms.
14 2 EXPLANATION
14 3 This bill provides for the indemnification of certain
14 4 producers of corn and soybeans from an indemnity fund
14 5 supported from moneys collected from assessments on the
14 6 producers in the same manner as excise taxes are assessed
14 7 against producers for the benefit of promotional activities by
14 8 the Iowa soybean promotion board and the Iowa corn promotion
14 9 board. The fund is managed by a grain integrity indemnity
14 10 board created under the bill.
14 11 The bill provides an assessment for producers who must
14 12 register with the board. A producer who is eligible to
14 13 participate must be certified as an organic producer under
14 14 Code chapter 190C or a party to a contract for the production
14 15 or marketing of corn or soybeans based on intrinsic
14 16 characteristics of the corn or soybeans or specialized
14 17 production methods that provide a premium price for the
14 18 delivery of such grain.
14 19 The bill establishes a grain integrity indemnity fund
14 20 composed of moneys from the indemnity assessments. The moneys
14 21 deposited in the indemnity fund are appropriated to the
14 22 indemnity board for the exclusive purpose of satisfying claims
14 23 by registered producers whose crops have been contaminated. A
14 24 registered producer may file a claim with the indemnity board
14 25 for a loss based on the diminution of value of the registered
14 26 producer's corn or soybeans due to contamination.
14 27 Contamination occurs when there is a presence of a plant or
14 28 plant part, including but limited to a crop's seed, on
14 29 property in which the registered producer holds a legal or
14 30 equitable interest. The plant or plant part must have been
14 31 transferred from a location other than property in which the
14 32 registered producer holds a legal or equitable interest, and
14 33 its presence must alter the genetic characteristics of a plant
14 34 growing on the registered producer's property or is commingled
14 35 with crops stored on the registered producer's property.
15 1 The indemnity board must make a determination of the
15 2 registered producer's loss based on criteria established in
15 3 the bill. Upon a determination that a claim is eligible for
15 4 payment, the indemnity board must provide for payment of 90
15 5 percent of the loss, but not more than $150,000 per claimant.
15 6 LSB 6057HH 79
15 7 da/pj/5.1
Text: HF02578 Text: HF02580 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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