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MI SB0899

Bill

Status

Passed

8/3/2016

Primary Sponsor

Jim Stamas

Click for details

Origin

Senate

98th Legislature

AI Summary

  • Requires grain dealers to maintain allowable net assets of at least $100,000 or post a negotiable bond/restricted account to cover shortfalls in net asset requirements.

  • Mandates grain dealers submit reviewed or audited financial statements prepared by certified public accountants with applications for license or renewal, including allowable net assets calculations and acknowledgment that the department relies on the statement.

  • Establishes statutory liens on all farm produce assets of failed grain dealers for claimants holding warehouse receipts, acknowledgments of ownership, or evidence of unpaid farm produce sales.

  • Creates a priority allocation system for distributing proceeds from liquidated farm produce assets in the following order: warehouse receipt and bailment claimants (first priority), secured and unsecured price later agreement holders (second priority), recent delivery claimants within 30 days prior to failure (third priority), and remaining claimants on pro rata basis (fourth priority).

  • Takes effect 90 days after enactment, with effective date of September 26, 2016; repeals prior Section 26 of the Grain Dealers Act.

Legislative Description

Trade; other; farm produce in possession of failed grain dealer; establish lien and revise allocation of proceeds. Amends secs. 3 & 9 of 1939 PA 141 (MCL 285.63 & 285.69); adds sec. 26a & repeals sec. 26 of 1939 PA 141 (MCL 285.86).

Liens: other

Last Action

Presented To Governor 6/17/2016 @ 1:22 Pm

9/6/2016

Committee Referrals

Agriculture5/24/2016
Commerce4/19/2016

Full Bill Text

No bill text available