SB 364

Bill Subjects

Agriculture Generally Agriculture, Farm Products And Commodities Agriculture, State Agencies And Programs Commercial Code (Ucc) Financial Institutions

Abstract

Provides that the director (director) of the Indiana grain buyers and warehouse licensing agency (agency) may share nonidentifying information with board members of the Indiana grain indemnity corporation (corporation) in executive session regarding the risk that a person licensed under the licensing law (licensee) may fail and the potential financial impact to the Indiana grain indemnity fund (fund) if the licensee does fail. Requires the director to conduct a third party performance review of the agency's auditing practices and procedures at least once every five years. Provides that the corporation may require an actuarial study from a third party of the fund as needed, but not less than every five years. Authorizes the director of the agency to take certain actions if the director finds: (1) a deficiency in minimum net worth or a failure to maintain the required current asset to current liability ratio; or (2) that a licensee failed to maintain required unencumbered assets. Increases the limit on the amount of bond, letter of credit, and cash deposits required under the licensing law. Amends the definition of "failed" or "failure" to exclude a suspension. Adds a definition of "suspension" to mean a temporary halt to the purchase of grain from a claimant. Prohibits a licensee, beginning after June 30, 2021, from entering into a deferred pricing agreement or a delayed payment agreement in connection with grain purchases that extends beyond one year from the date of delivery of the grain. Provides specified phase out periods for deferred pricing agreements or delayed payment agreements that were entered into by a licensee before July 1, 2021. Provides that a board member of the corporation with a conflict of interest in a proceeding before the board must recuse himself or herself from those proceedings. Provides that, if a board member is found to have violated the terms of a confidentiality agreement, the board member forfeits his or her appointment to the board and shall be removed as a member of the board. Increases the amount that the board may transfer from the Indiana grain indemnity fund (fund) to the administrative expense account within the fund from $250,000 to $350,000 annually. Authorizes the board to transfer the monthly interest generated from the fund over a six month period during a biennium to a professional development, training, and technology account to be used for specified purposes. Makes conforming changes.