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House Bill 1365

Introduced House Bill (H)

DIGEST

Grain buyers and warehouse licensing. Amends the definition of "claimant" and "facility" and adds a definition of "licensee" for purposes of the grain buyers and warehouse licensing laws (licensing laws). Amends provisions concerning subpoenas and orders to compel production of records. Amends notice that is required on contracts for the purchase of grain from producers. Allows the director of the grain buyers and warehouse licensing agency (agency) to designate an administrative law judge to act for the director in the administration of the licensing laws. Allows the agency to send license renewal applications by electronic means. Requires that a person Grain buyers and warehouse licensing. Amends the definition of "claimant" and "facility" and adds a definition of "licensee" for purposes of the grain buyers and warehouse licensing laws (licensing laws). Amends provisions concerning subpoenas and orders to compel production of records. Amends notice that is required on contracts for the purchase of grain from producers. Allows the director of the grain buyers and warehouse licensing agency (agency) to designate an administrative law judge to act for the director in the administration of the licensing laws. Allows the agency to send license renewal applications by electronic means. Requires that a person applying for renewing a license who does not conduct business at an Indiana address must appoint a registered agent who is in Indiana. Allows the director's designated representative to perform certain functions of the director. Provides that grain that has been delivered to a first purchaser for sale or storage under a bailment to a licensee within 24 months before the date of failure of the licensee may be considered in determining the total proven storage and financial obligations due to the depositor. (Current law provides that deliveries within the 12 months before the date of failure will be considered.) Specifies when a claim is considered to be adjudicated. Specifies information that must be forwarded to the grain indemnity fund board (board). Specifies certain requirements for an appeal. Specifies that a lien against a licensee terminates the earlier of: (1) when the licensee discharges the claim; or (2) the 24 months after the delivery of grain to a first purchaser for sale or storage under a bailment. Requires the director to consider claims due depositors for the 12 month period before April 8, 2015, as a result of a licensee's failure before April 8, 2016. Requires the director to forward certain claim information to the board and requires the board to pay the claimants who are owed money according to the director. Makes a technical correction. ... View more