SF 608 — A bill for an act regulating the marketing of grain, by providing for fees paid by grain dealers and warehouse operators into the grain depositors and sellers indemnity fund, and the payment of claims to reimburse sellers and depositors for losses covered by the fund, and including effective date and applicability provisions.

UponA thegrain cessationdealer oflicensed aor warehouserequired operator’s license due to revocation,be cancellation,licensed orpursuant expiration,to asection claim203.3 against the warehouse operator arising under this chapter shall bepay made in writing with the warehousepurchase operator,price withto the issuerseller offor agrain bondupon onas agriculturalfollows: products other than bulk grain, a deficiency bond, or an irrevocable letter of credit, and, if the claim relates to bulk grain, with the department.

The(1) claimUpon mustdelivery beor madelater withinupon onedemand hundredby twenty days after the cessationseller, ofbut. the license.

TheIf failurethe toseller does not make a timelydemand, claimthe relievesgrain dealer shall pay the issuerpurchase and,price ifnot thelater claimthan relatesthirty todays bulkafter grain,delivery by the grainseller depositorsunless andin sellerslast indemnitydate fundfor providedscheduled inpayments chaptermade 203Dby sectionthe 203D.6licensed orgrain 203D.6Adealer ofto allsellers obligationsfor delivered grain according to the claimant.grain dealer’s standard Senate File 608, p.

4 business operation as provided by rules adopted by the department.

(2) In accordance with the terms of a credit-sale contract that satisfies the requirements of this chapter.

The department shall adopt rules for payment by check and electronic funds transfer.

b.

A grain dealer licensed or required to be licensed pursuant to section 203.3 shall not hold a check for the purchase of grain more than five days after the grain dealer issues a check to the seller.

After that date, the grain dealer shall deliver the check in person or by mail to the seller’s last known address.

The department shall adopt rules pursuant to chapter 17A for a grain dealer’s payment by check and electronic funds transfer.

6.

Section 203.15, unnumbered paragraph 1, Code 2025, is amended to read as follows:

A grain dealer shall not purchase grain by a credit-sale contract except as provided in this section.

Sec.

7.

Section 203.15, subsections 1, 3, 4, and 6, Code 2025, are amended to read as follows:

1.

The grain dealer shall be licensed pursuant to section 203.3.

All of the following shall apply to a grain dealer required to be licensed under that section who purchases grain by credit-sale contract:

a.

The meaning of “credit-sale contract”, including “deferred-payment contract” or “deferred-pricing contract”, as those terms are defined in section 203.1, shall supersede the meaning of those terms in a contract entered into by a seller and a licensed grain dealer.

a.

b.

The grain dealer shall give provide written notice to the department prior to engaging in the purchase of grain by credit-sale contract.

The written notice shall must contain all of the following:

(1) A statement that the grain dealer is engaging in the purchase of grain by deferred-pricing contract or deferred-payment contract or both.

(2) Any other information required by the department.

b.

c.

All The grain dealer shall maintain credit-sale contract forms in the possession of the grain dealer shall .

Senate File 608, p.

5 The department may require the credit-sale contract forms to distinguish between the purchase of grain by deferred-pricing contract or deferred-payment contract.

The credit-sale contract forms must have been permanently and consecutively numbered at the time of printing of the forms.

The grain dealer shall maintain an accurate record of all credit-sale contract forms and numbers obtained by that grain dealer.

The record shall must include the disposition of each numbered form, whether by execution, destruction, or otherwise.

c.

d.

The grain dealer who purchases grain by credit-sale contract shall maintain records as required by the department in compliance with this section.

The department may require the grain dealer to account separately for deferred-pricing contracts and deferred-payment contracts.

3.

a.

Title to all grain sold If a grain dealer purchases grain by a credit-sale contract, is in the purchasing grain dealer as of the time the contract is executed, unless the contract provides otherwise transferred title to the grain upon the grain’s delivery to the grain dealer.

As used in this paragraph, “delivery” means the same as defined in section 203.8.

b.

The contract must be signed and dated by both parties and executed in duplicate.

One copy shall be retained by the grain dealer and one copy shall be delivered to the seller.

Upon the cessation of the grain dealer’s license by revocation, cancellation, or expiration as provided in section 203.10, the payment date for all credit-sale contracts shall be advanced to a date not later than thirty days after the effective date of the cessation, and the purchase price for all unpriced grain shall be determined as of the effective date of the cessation in accordance with all other provisions of the contract.

However, if the business of the grain dealer is sold to another licensed grain dealer, credit-sale contracts may be assigned to the purchaser of the business.

a.

A grain dealer shall not purchase grain on by credit-sale contract during if any time period in which of the following apply:

a.

The grain dealer fails at any time to maintain fifty cents of net worth for each outstanding bushel of grain Senate File 608, p.

6 purchased under credit by credit-sale contract.

The However, the grain dealer may maintain a deficiency bond or an irrevocable letter of credit in the amount of two thousand dollars for each one thousand dollars or fraction thereof of deficiency in net worth.

b.

A The grain dealer who is also a warehouse operator licensed by the department of agriculture and land stewardship under chapter 203C or the United States department of agriculture under the United States Warehouse Act, and who does not the warehouse operator fails to have a sufficient quantity or quality of grain to satisfy the warehouse operator’s obligations based on an examination by the department of agriculture and land stewardship or the United States department of agriculture shall not purchase grain on credit-sale contract to correct the shortage of grain.

c.

(1) A The grain dealer must meet at least either of the following conditions:

(a) The fails to submit to the department the grain dealer’s last financial statement required to be submitted to the department pursuant to section 203.3 is accompanied by an unqualified opinion based upon an audit performed by a certified public accountant licensed in this state as required pursuant to section 203.3.

(b) The grain dealer files a bond with the department in the amount of one hundred thousand dollars payable to the department.

(2) (a) The bond filed with the department under this paragraph shall be used to indemnify sellers for losses resulting from a breach of a credit-sale contract as provided by rules adopted by the department.

The rules shall include but are not limited to procedures and criteria for providing notice, filing claims, valuing losses, and paying claims.

The bond provided in this paragraph shall be in addition to any other bond required in this chapter.

(b) The bond shall not be canceled by the issuer on less than ninety days’ notice by certified mail to the department and the principal.

However, if an adequate replacement bond is filed with the department, the department may authorize the cancellation of the original bond before the end of the Senate File 608, p.

7 ninety-day period.

(c) If an adequate replacement bond is not received by the department within sixty days of the issuance of the notice of cancellation, the department shall suspend the grain dealer’s license.

The department shall cause an inspection of the licensed grain dealer immediately at the end of the sixty-day period.

If a replacement bond is not filed within another thirty days following the suspension, the department shall revoke the grain dealer’s license.

(3) When a license is revoked, the department shall provide notice of the revocation by ordinary mail to the last known address of each holder of an outstanding credit-sale contract and all known sellers.

6.

a.

A grain dealer who purchases grain by credit-sale contract shall obtain from the seller a signed acknowledgment stating that the seller has received a written notice that grain purchased by credit-sale contract is not protected by the grain depositors and sellers indemnity fund explaining all of the following:

(1) Ordinarily, a person who sells grain to a licensed grain dealer may file a claim with the Iowa grain indemnity fund board for a loss or losses caused by the licensed grain dealer.

(2) For a grain transaction, other than by credit-sale contract, the seller may file a claim for indemnification of ninety percent of a loss.

(3) (a) For a credit-sale contract classified as a deferred-pricing contract, the seller may file a claim for indemnification of seventy-five percent of a loss.

(b) The indemnification limit for all losses is not more than four hundred thousand dollars but may be decreased to three hundred thousand dollars depending upon the extent to which the seller’s loss arose from a deferred-pricing contract.

(c) For a credit-sale contract classified as a deferred-payment contract, a seller is not eligible to claim a loss for indemnification.

b.

The form for the acknowledgment shall be prescribed by the department, and the.

c.

The licensed grain dealer and the seller shall each be provided a copy of the acknowledged form .

Senate File 608, p.

8 Sec.

8.

Section 203C.6, subsection 4, paragraph b, Code 2025, is amended to read as follows:

b.

The warehouse operator shall submit, as required by the department, a financial statement that is accompanied by an unqualified opinion based upon an audit performed by a certified public accountant licensed in this state.

However, the department may accept a qualification in an opinion that is unavoidable by any audit procedure that is permitted under generally accepted accounting principles.

An opinion that is qualified because of a limited audit procedure or because the scope of an audit is limited shall not be accepted by the department.

The department shall not require that a warehouse operator submit more than one such unqualified opinion per year.

The warehouse operator may elect, however, to submit a financial statement that is accompanied by the report of a certified public accountant licensed in this state that is based upon a review performed by the certified public accountant in lieu of the audited financial statement specified in this paragraph.

However, at any time the department may require a financial statement that is accompanied by the report of a certified public accountant licensed in this state that is based upon a review performed by a certified public accountant if the department has good cause.

A warehouse operator shall submit financial statements to the department in addition to those the financial statement accompanied by an unqualified opinion as required in this paragraph if the department determines that it is necessary to verify the warehouse operator’s financial status or compliance with this subsection section .

Sec.

9.

Section 203C.6, subsection 5, paragraph b, Code 2025, is amended to read as follows:

b.

The warehouse operator shall submit, as required by the department, a financial statement that is accompanied by an unqualified opinion based upon an audit performed by a certified public accountant licensed in this state.

However, the department may accept a qualification in an opinion that is unavoidable by any audit procedure that is permitted under generally accepted accounting principles.

An opinion that is qualified because of a limited audit procedure or because Senate File 608, p.

9 the scope of an audit is limited shall not be accepted by the department.

The department shall not require that a warehouse operator submit more than one such unqualified opinion per year.

The warehouse operator may elect, however, to submit a financial statement that is accompanied by the report of a certified public accountant licensed in this state that is based upon a review performed by the certified public accountant in lieu of the audited financial statement specified in this paragraph.

However, at any time the department may require a financial statement that is accompanied by the report of a certified public accountant licensed in this state that is based upon a review performed by a certified public accountant if the department has good cause.

A warehouse operator shall submit financial statements to the department in addition to those the financial statement accompanied by an unqualified opinion as required in this paragraph if the department determines that it is necessary to verify the warehouse operator’s financial status or compliance with this subsection section .

Sec.

10.

NEW SUBSECTION.

2A.

“Deferred-payment contract” means the same as defined in section 203.1.

2B.

“Deferred-pricing contract” means the same as defined in section 203.1.

NEW SUBSECTION .

SFNEW 608SUBSECTION (3). 91 -1- da/ns/mb 1/11 S.F.

608 NEW SUBSECTION.

“Repayment loss” means the amountpart of a repayment claim heldfiled with the department by a seller for purchased grain that includes the sellerdollar hasvalue paidloss backincurred toby athe grainseller dealer’sresulting bankruptcyfrom estate,the pursuantseller toreceiving an orderamount issued,from judgmentthe entered,sale orof settlementgrain agreementto approved by a bankruptcypurchasing court,grain anddealer whichthat amountthe seller has notpaid beenback subsequentlyto recoveredthe throughgrain otherdealer’s legalbankruptcy orestate equitablesubject remediesto including the liquidationrequirements ofand thelimitations grainin dealer’ssections assets.203D.6 and 203D.6A.

5.11.

Section 203D.1, subsectionsubsections 14,14 and 16, Code 2025, isare amended to read as follows:

(1) Grain entered in the company-owned paid position as evidencedSenate onFile the608, grainp. dealer’s daily position record.

(2)10 Grainevidenced purchasedon underthe credit-salegrain contract.dealer’s daily position record.

(2) Grain purchased by deferred-pricing contract.

(3) Purchased the grain under a credit-sale by deferred-payment contract.

(4) (3) Entered the grain in the company-owned paid position as a cancellation of a collateral warehouse receipt.

(5) (4) Entered the grain in the company-owned paid position as an intra-company location transfer.

Sec.

6.

Section 203D.1, subsection 16, Code 2025, is amended to read as follows:

“Seller” means a person who sells grain whichwhich, that the person has produced or caused to be producedproduced, to a licensed grain dealer, but excludes a person who executes a credit-sale contract as a seller as provided in section 203.15.

SFa. 608 (3) 91 -2- da/ns/mb 2/11 S.F.

608 a.

(3) A person who sells grain by deferred-payment contract.

7.12.

The general fund of the state is not liable for claims presented against the fund under section sections 203D.6 orand 203D.6A203D.6A. .

The moneys collected under this section and deposited in the fund shall be used exclusivelyexpended toby indemnifythe depositorsboard andexclusively sellers as provided in section 203D.6 or 203D.6A and to payindemnify thedo administrativeall costs of thisthe chapter.following:

a.

Indemnify depositors and sellers who have submitted eligible claims to the department as provided in section Senate File 608, p.

11 sections 203D.6 and to pay the administrative costs of this chapter 203D.6A.

b.

Pay the department, the board, or the office of attorney general for actual and necessary costs incurred by any of the following:

(1) The department for acting as receiver if appointed by a court pursuant to section 203.12B or 203C.3.

(2) (a) The office of attorney general for representing the department, the board, or the office in a legal or administrative proceeding involving moneys required to be deposited or expended from the fund.

(b) Outside counsel for representing the department, the board, or the office of attorney general in a legal or administrative proceeding involving moneys required to be deposited or expended from the fund.

8.13.

9.14.

(1) In calculating the amount of the initial participation fee, an applicant for a new license shall be deemed a licensee paying remitting the full annual amount of the participation fee owing on the licensee’s first anniversary date as provided in paragraph “b”.

(a) For a licensed grain dealer, the anniversary date is the last date to apply for the renewal of the grain dealer’s SFlicense 608before (3)the 91license -3-expires da/ns/mbas 3/11provided S.F.in section 203.5.

608(b) licenseFor beforea licensed warehouse operator, the licenseanniversary expiresdate asis providedthe inlast sectiondate 203.5.to apply for the renewal of the warehouse Senate File 608, p.

(b)12 For a licensed warehouse operator, the anniversary date is the last date to apply for the renewal of the warehouse operator’s license before the license expires as provided in section 203C.37.

10.15.

However, the licensee may elect to remit the participation fee on four successive installment dates, with each installment date occurring on determined by the department not later than in the month succeeding each of the last date of the fund’s latest assessment quarter quarters as provided in section 203D.3.203D.3, on a date determined by rules adopted by the department.

11.16.

SFb. 608 (3) 91 -4- da/ns/mb 4/11 S.F.

608 b.

The licensed grain dealer shall remit the per-bushel fee and form on four successive installment dates, with each installment date determinedoccurring by the department not later than in the month succeeding each of the fund’slast latest assessment quartersquarter as provided in section 203D.3.203D.3, on December 15, March 15, June 15, and September 15.

A licensee licensed grain dealer is delinquent if the licenseeSenate grainFile dealer608, failsp. to submit remit the full quarterly per-bushel fee or quarterly forms and form when due or if, upon examination, an underpayment of the fee is found by the department.

13 licensee grain dealer fails to submit remit the full quarterly per-bushel fee or quarterly forms and form when due or if, upon examination, an underpayment of the fee is found by the department.

12.17.

Section 203D.5, subsection 1, unnumbered paragraph 1, Code 2025, is amended to read as follows:

1.The board shall annually review the debits of and credits to the grain depositors and sellers indemnity fund created in section 203D.3 and shall determine whether to impose the participation fee and per-bushel fee indemnity fees as provided in section 203D.3A, make adjustments to the indemnity fees effective on the previous September 1, or waive the indemnity fees as necessary to comply with this section.

The board shall annually review the debits of and credits to the grain depositors and sellers indemnity fund created SF 608 (3) 91 -5- da/ns/mb 5/11 S.F.

608 in section 203D.3 and shall determine whether to impose the participation fee and per-bushel fee indemnity fees as provided in section 203D.3A, make adjustments to the indemnity fees effective on the previous September 1 in effect, or waive the indemnity fees in effect as necessary to comply with this section.

The board shall impose the indemnity fees or adjust the indemnity fees effective on the previous September 1 in effect in accordance with chapter 17A.

a.

For the participation fee, on the first day of the fund’s following September 1 assessment year.

However, the licensee shall continue to pay the any owing participation fee at the rate in effect on the prior September 1 first day of the fund’s current assessment year, until the licensee has paid the amount owing.

b.

For a per-bushel fee, on the following September 1 first day of the fund’s assessment year .

13.18.

If on the last date of the fund’s assessment year as providedSenate inFile section608, 203D.3p. the assets of the fund exceed eight twelve million dollars, less any encumbered balances or pending or unsettled claims, all of the following apply:

14 provided in section 203D.3 the assets of the fund exceed eight sixteen million dollars, less any encumbered balances or pending or unsettled claims, all of the following apply:

The participation fee as provided in section 203D.3A shall be waived and shall not be assessable or owing for the fund’s following assessment year of the fund.

However, the licensee shall continue to pay remit any owing participation fee that was in effect on the prior September 11. first day of the fund’s current assessment year.

The per-bushel fee as provided in section 203D.3A shall be waived and shall not be assessable or owing.owing for the following assessment year .

The waiver shall also apply to purchased grain that is unpriced on the last date of the fund’s assessment year.

However, the licensed grain dealer shall remit any per-bushel fee that is owing on that date.

The board shall reinstate the indemnity fees as provided in this section if the assets of the fund, less any unencumbered balances or pending or unsettled claims, are three SFeight 608million (3)dollars 91or -6-less. da/ns/mb 6/11 S.F.

608 five million dollars or less.

14.19.

Section 203D.6, subsection 4,1, paragraph d, Code 2025, is amended to read as follows:

d.1.

Thata. the claim derives from a covered transaction.

ForPersons purposesPerson of this paragraph, a claim derives from a covered transaction if the claimant is a seller who transferredmay titlefile toclaims the grain to a licensedclaim. grain dealer other than by credit-sale contract within six months of the incurrence date for a claim period as provided in subsection 2, or if the claimant is a depositor who delivered the grain to a licensed warehouse operator.

A depositor or seller may file a claim with the department for the indemnification of a loss dollar value losses from the grain depositors and sellers indemnity fund.

A claim shall be filed by a depositor or seller in the manner prescribed by rules adopted by the board department.

b.

The department may identify each claim and associated claimant by a unique number which may be a federal tax identification number.

15.20.

Section 203D.6, subsectionsubsections 4, 5, 6, 8, and 9, Code 2025, isare amended to read as follows:

4.

Determination of eligible claims claim.

The board shall determine a claim to be eligible for payment indemnification from the fund if the board finds all of the following:

a.

That the claim was timely filed.

b.

That the incurrence date was on or after May 15, 1986.

c.

That the claimant qualifies as a depositor or seller.

d.

(1) That the claim derives from a covered transaction.

For purposes of this paragraph, a claim derives from a covered Senate File 608, p.

15 transaction if the claimant is a incurred a dollar value loss as any of the following:

(a) A depositor who delivered the grain to a licensed warehouse operator.

(b) (i) A seller who transferred title to the grain to a licensed grain dealer other than by credit-sale contract within six months of the incurrence date for a claim period as provided in subsection 2, or if the claimant is a depositor who delivered the grain to a licensed warehouse operator .

(ii) A seller described in subparagraph subdivision (i) who incurred a repayment loss against a grain dealer as provided in section 203D.6A.

(2) The dollar value losses incurred by a depositor or seller described in subparagraph (1) for all eligible claims are subject to the indemnification limit described in subsection 8.

(a) The department shall segregate that part of a claim that includes a dollar value loss incurred by a seller who sold grain to a licensed grain dealer pursuant to a credit-sale contract, including by deferred-pricing contract and deferred-payment contract.

(b) The part of the segregated claim that includes a dollar value loss incurred by a seller who sold grain to a licensed grain dealer pursuant to a deferred-payment contract is ineligible for indemnification.

e.

That there is adequate documentation to establish the existence of a claim and to determine the amount of the loss.

f.

A claim has not been paid for the same loss.

5.

Value of Dollar value loss —— warehouse claims depositor.

a.

(1) The board shall determine the an eligible claim’s dollar value of a claim loss incurred by a depositor holding a warehouse receipt or a scale weight ticket for grain that the depositor delivered for storage to the licensed warehouse operator.

(a) If the department has been appointed by the court as receiver of the grain assets of the warehouse operator, the dollar value loss shall be presumed to be as stated in the plan of disposition approved by the court.

(b) If the warehouse operator has filed a petition in Senate File 608, p.

16 bankruptcy, the dollar value loss shall be presumed to be based upon the fair market price, free-on-board from the site of the warehouse operator, being paid to producers for grain by the grain terminal operator nearest the warehouse operator on the date the petition was filed.

(c) If there is neither a department receivership nor a bankruptcy filing, the dollar value loss shall be presumed to be based upon the fair market price, free-on-board from the site of the warehouse operator, being paid to producers for grain by the grain terminal operator nearest the warehouse operator on the incurrence date of license revocation or cancellation.

If more than one incurrence date applies to a claim, the board may choose between the two.

However, the (d) The board may accept an alternative valuation of a claim dollar value loss upon a showing of just cause by the depositor or department.

All depositors (2) The dollar value loss of priced or unpriced grain shall not exceed the price of that grain if the grain were U.S.

No.

2 grain according to standards adopted by the federal grain inspection service of the United States department of agriculture.

The price of the grain shall be determined in accordance with the relevant date used to determine the price described in subparagraph (1).

The department may adjust the price of the grain if necessary to better account for the condition of the grain when stored.

b.

A depositor filing claims a claim for a dollar value loss under this section subsection shall be bound by the dollar value loss determined by the board.

The dollar value of the loss is the outstanding balance on the validated claim at time of payment the claimant is indemnified from the fund.

6.

Value of Dollar value loss —— grain dealer claims seller.

a.

(1) The dollar value of a claim The board shall determine an eligible claim’s dollar value loss incurred by a seller who has sold grain or delivered grain for sale or exchange and who is a creditor of the licensed grain dealer for all or part of the value of the grain shall be based on the amount stated on the obligation on the date of the sale.

(a) If the sold grain was unpriced, the dollar value of a claim loss shall be presumed to be based upon the fair market Senate File 608, p.

17 price, free-on-board from the site of the grain dealer, being paid to producers for grain by the grain terminal operator nearest the grain dealer on the incurrence date of the license revocation or cancellation or the filing of a petition in bankruptcy.

If more than one incurrence date applies to a claim, the board may choose between the two.

However, the (b) The board may accept an alternative valuation of a claim dollar value loss upon a showing of just cause by the seller or department.

All sellers (2) The dollar value loss of priced or unpriced grain shall not exceed the price of that grain if the grain were U.S.

No.

2 grain according to standards adopted by the federal grain inspection service of the United States department of agriculture.

The price of the grain shall be determined in accordance with the relevant date used to determine the price described in subparagraph (1).

The department may adjust the price of the grain if necessary to better account for the condition of the grain when purchased.

b.

A seller filing claims a claim for a dollar value loss under this section subsection shall be bound by the dollar value loss determined by the board.

The dollar value of the loss is the outstanding balance on the validated claim at the time of payment the claimant is indemnified from the fund.

Payment Indemnification of claims.claims a claimant.

Upona. a determination that the claim is eligible for payment, the board shall provide for payment of ninety percent of the loss, as determined under subsection 5, but not more than three hundred thousand dollars per claimant.

IfUpon ata anydetermination timeby the board determines that therethe areclaim insufficientis fundsan moneyseligible tofor makepayment claim satisfies the requirements in subsection 4, the board shall provide for payment paymentsof ninety percent of allthe claimsloss, as determined under thisindemnify sectionthe andclaimant allas repaymenta claimsdepositor under sectionsubsection 203D.6A,5, thebut boardnot maymore orderthan thatthree paymenthundred paymentsthousand bedollars deferredper onclaimant specifiedand claims.a seller under subsection 6 .

TheUpon department,a upondetermination by the board’sboard instruction,that shallan holdeligible thoserepayment claimsclaim forfiled paymentby deferredthat paymentsseller untilunder section 203D.6A derives from the boardsame determinescovered thattransaction during the fundclaim againperiod, containsand therethe arerepayment sufficientloss assetsincurred moneysfor inthat claim, the fundboard shall indemnify the claimant as a seller subject to makethe paymentsrequirements onof allthis thosesection claims.and section 203D.6A.

b.

Subject to the indemnification limit described in paragraph “c”, the board shall indemnify a claimant ninety percent of the combined dollar value losses, including any Senate File 608, p.

18 repayment loss, incurred by the claimant as described in paragraph “a”, except for a segregated dollar value loss incurred from the sale of grain by credit-sale contract.

The board shall indemnify the seller seventy-five percent of the dollar value loss, including any repayment loss, incurred from the sale of grain by deferred-pricing contract and zero percent of the dollar value loss for the sale of grain, including any repayment loss, by deferred-payment contract.

The full indemnity amount paid to a claimant shall be calculated as the sum of the following:

(1) Ninety cents for each dollar value loss, including any repayment loss, incurred by the claimant other than a dollar value loss for the sale of grain by credit-sale contract.

(2) For the sale of grain by credit-sale contract, all of the following:

(a) Seventy-five cents for each dollar value loss, including any repayment loss, incurred by the claimant other than a dollar value loss for the sale of grain by deferred-pricing contract.

(b) Zero cents for each dollar value loss incurred by the claimant by deferred-payment contract.

c.

The board shall not indemnify any claimant for more than four hundred thousand dollars for an eligible claim for all dollar value losses described in paragraphs “a” and “b”, including any repayment loss.

d.

(1) If at any time the board determines that there are insufficient funds moneys in the fund to make payment of fully indemnify all eligible claims, the board may shall order that payment be deferred on specified claims.

The department, upon the board’s instruction, shall hold those claims for payment until the board determines that the fund again contains sufficient assets the eligible claims be indemnified according to the following order:

(a) First, by indemnifying all claims for dollar value losses other than segregated dollar value losses arising from the sale of grain by credit-sale contract as provided in subsection 4.

(b) Second, by indemnifying all claims for segregated dollar value losses arising from the sale of grain by Senate File 608, p.

19 deferred-pricing contract as provided in subsection 4.

(2) The board may establish one or more eligible claim indemnification periods required to fully indemnify all eligible claims.

The department shall hold those claims that have not been fully indemnified until a later period or periods for the full indemnification of those claims as moneys in the fund are available.

9.

Subrogation of fund.

In the event of payment the indemnification of a dollar value loss under this section, the fund is subrogated to the extent of the amount of any payments to all rights, powers, privileges, and remedies of the depositor or seller against any person regarding the dollar value loss.

The depositor or seller shall render all necessary assistance to aid the department and the board in securing the rights granted in this section.

No An action or claim initiated by a depositor or seller and pending at the time of payment indemnification from the fund shall not be compromised or settled without the consent of the board.

16.21.

Section 203D.6, subsection 10, paragraph b, Code 2025, is amended to read as follows:

b.

The fund shall not be liable for the payment indemnification of an expired claim.

Sec.

22.

203D.6A RepaymentIndemnification claimsof repayment loss against fund.

A separate indemnity claim process is established to provide for the fund’s indemnification of a repayment claim that includes a repayment loss incurred by a seller against a grain dealerdealer, whoif the grain dealer is a debtor in bankruptcy under the protections provided in Tit.

A repayment claim that includes the repayment loss shall be filed with the department in the manner prescribed by the department.

A seller may file an eligible claim for a dollar value loss under SFsection 608203D.6 (3)and 91an -7-eligible da/ns/mbrepayment 7/11claim S.F.for a repayment loss under this section.

608c. section 203D.6 and an eligible repayment claim for a repayment loss under this section.

2.The department may reconcile a repayment claim filed under this subsection with a claim filed by the same claimant that is part of the same covered transaction under the claim period as provided in section 203D.6.

ToSenate beFile timely,608, ap. seller must file a repayment claim with the department not later than sixty days after the repayment loss is finalized by a bankruptcy court, whether by an order issued, judgment entered, or settlement agreement approved.

20 2.

To be timely, a seller must file a repayment claim with the department not later than sixty days after the amount of the seller’s loss is finalized by a bankruptcy court, whether by an order issued, judgment entered, or settlement agreement approved.

The department may provide notice of the repayment claim process to a seller that may become or has become subject to an order issued, judgment entered, or settlement agreement approved by a bankruptcy court in the grain dealer’s bankruptcy proceeding that requires the seller to pay back amountsthe amount previously received for grain purchased by a licensed grain dealer, in the bankruptcy of the grain dealer.

A failure by the department to provide a notice or a failure by a seller to receive a notice under this subsection,subsection does not relieve the seller of the requirement to timely file a repayment claim.

The board shall determine that a repayment claim is eligible for paymentindemnification from the fund if the board finds all of the following:

For purposes of this paragraph, a repayment claim derives from a covered transaction if the claimant is a seller who transferred title to the grain to a licensed grain dealer within six months of the incurrence date as provided in section 203D.6, subsection 2.

A claim has not been paid for the same repayment loss.

SF6. 608 (3) 91 -8- da/ns/mb 8/11 S.F.

608The 6.dollar value loss of a repayment claim is the amount the seller has paid back to a grain dealer’s bankruptcy estate that the seller previously received from the grain dealer’s purchase of the grain, if paying back the amount was the result of an order issued, judgment entered, or settlement agreement Senate File 608, p.

The21 dollar value of a repayment claim is the amount a seller has paid back that was previously received for the grain as a result of an order issued, judgment entered, or settlement agreement approved by a bankruptcy courtcourt, and which has not been recovered through other legal or equitable remedies including the liquidation of the grain dealer’s assets.

The department acting on behalf of the board shall deliver a notice to a seller filing a repayment claim under this section.

The notice must include the board’s determination of the seller’s eligibility and the dollar value of the seller’s repayment loss.

Upon a determination that the repayment claim is eligible for indemnification, the board shall provide for paymentindemnification of ninety percent of the repayment loss, as determinedrequired by the board, but not more than three hundred thousand dollars counting the dollar value losses paid to the same grain dealer during the claim period as provided in section 203D.6.

If at any time the board determines that there are insufficient moneys in the fund to makefully paymentindemnify of all eligible claims under section 203D.6 and all eligible repayment claims under this section, the board mayshall order that paymentthe eligible claims be deferredfully onindemnified specifiedduring claims.one or more indemnification periods as provided in section 203D.6.

The department, upon the board’s instruction, shall hold the claims for deferred payment until the board determines that the fund again contains sufficient assets.

In the event of the paymentindemnification of a repayment loss under this section, the fund is subrogated to the extent of the amount of any payments to all rights, powers, privileges, and remedies of the seller against any person regarding SFthe 608repayment (3)loss. 91 -9- da/ns/mb 9/11 S.F.

608 the repayment loss.

NoAn action or claim initiated by a seller and pending at the time of paymentindemnification from the fund shall not be compromised or settled without the consent of the board.

A repayment claim shall expire if five years after the board determines that the repayment claim is eligible, and the claimant has failed to do any of the following:

(1) Provide for the fund’s subrogation or render all necessarySenate assistanceFile to608, thep. department and the board in securing the department’s rights of subrogation as required in this section.

(2)22 Provide necessary documentationassistance orto informationthe requireddepartment byand the board in ordersecuring tothe processdepartment’s therights repaymentof claim.subrogation as required in this section.

(2) Provide necessary documentation or information required by the board in order to process the indemnification claim.

The fund is not liable for the paymentindemnification of an expired repayment claim.

17.23.

The department of agriculture and land stewardship shall adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of this division of this Act within thirty business days of the effective date of this section of this Act and shall submit such rules to the administrative rules coordinator and the administrative code editor pursuant to section 17A.5, subsection 1, within the same period.

18.24.

A grain dealer licensed under chapter 203 who is a party to a credit-sale contract shall owe any indemnity fees assessed on grain purchased under the credit-sale contract beginning on the following September 1 of the first assessment quarter pursuant to section 203D.3A.

19.25.

The following, being deemed of SFimmediate 608importance, (3)takes 91effect -10-upon da/ns/mbenactment: 10/11 S.F.

608The immediatesection importance,of takesthis effectAct uponrequiring enactment:the department of agriculture and land stewardship to adopt emergency rules.

The section of this division of this Act requiring the department of agriculture and land stewardship to adopt emergency rules.

20.26.

The process established in section 203D.6, as amended by this Act, and section 203D.6A, as enacted by this Act, providing for the indemnification of a repayment claim appliesfiled toby a seller whowith incursthe department of agriculture and land stewardship that includes a repayment loss incurred by the seller against a grain dealer,dealer applies only if the grain dealer is a debtor in bankruptcy under the protections provided in Tit.

2.Senate File 608, p.

23 2.

DIVISION______________________________ II______________________________ ASSESSMENTAMY YEARSINCLAIR Sec.PAT GRASSLEY President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 608, Ninety-first General Assembly.

21.______________________________ W.

SectionCHARLES 203D.3,SMITHSON subsectionSecretary 3,of Codethe 2025,Senate isApproved amended_______________, to2025 read______________________________ asKIM follows:REYNOLDS Governor

3.

The assessment year of the fund begins September is the same as the state fiscal year beginning on July 1 and ends ending on August 31 June 30.

Assessment quarters of the fund begin September on July 1, December October 1, March January 1, and June April 1.

The finances of the fund shall be calculated on an accrual basis in accordance with generally accepted accounting principles.

Sec.

22.

CONTINGENT EFFECTIVE DATE.

1.

This division of this Act takes effect on the publication date of the issue of the Iowa administrative bulletin that includes a notice by the secretary of agriculture stating that the indemnity fees paid by grain dealers and warehouse operators have been waived as provided in section 203D.5.

2.

The department of agriculture and land stewardship shall send a copy of the notice to the Code editor at least two weeks prior to the publication date of the Iowa administrative bulletin as described in subsection l.

SF 608 (3) 91 -11- da/ns/mb 11/11