as introduced - 92nd Legislature (2021 - 2022) Posted on 02/21/2022 03:56pm
A bill for an act
relating to agriculture; modifying grain buyer license requirements; amending
Minnesota Statutes 2020, section 223.17, subdivisions 4, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 223.17, subdivision 4, is amended to read:
(a) Except as provided in paragraphs (c) to (e), before a grain buyer's
license is issued, the applicant for the license must file with the commissioner a bond in a
penal sum prescribed by the commissioner but not less than the following amounts:
(1) $10,000 for grain buyers whose gross annual purchases are $100,000 or less;
(2) $20,000 for grain buyers whose gross annual purchases are more than $100,000 but
not more than $750,000;
(3) $30,000 for grain buyers whose gross annual purchases are more than $750,000 but
not more than $1,500,000;
(4) $40,000 for grain buyers whose gross annual purchases are more than $1,500,000
but not more than $3,000,000;
(5) $50,000 for grain buyers whose gross annual purchases are more than $3,000,000
but not more than $6,000,000;
(6) $70,000 for grain buyers whose gross annual purchases are more than $6,000,000
but not more than $12,000,000;
(7) $125,000 for grain buyers whose gross annual purchases are more than $12,000,000
but not more than $24,000,000; and
(8) $150,000 for grain buyers whose gross annual purchases exceed $24,000,000.
(b) The amount of the bond shall be based on the most recent gross annual grain purchase
report of the grain buyer.
(c) A first-time applicant for a grain buyer's license shall file a $50,000 bond with the
commissioner. This bond shall remain in effect for the first year of the license. Thereafter,
the licensee shall comply with the applicable bonding requirements contained in paragraph
(a), clauses (1) to (8).
(d) In lieu of the bond required by this subdivision the applicant may deposit with the
commissioner of management and budget an irrevocable bank letter of credit as defined in
section 336.5-102, in the same amount as would be required for a bond.
(e) A grain buyer who purchases grain immediately upon delivery solely with cash; a
certified check; a cashier's check; or a postal, bank, or express money order is exempt from
this subdivision if the grain buyer's gross annual purchases are deleted text begin $100,000deleted text end new text begin $250,000new text end or less.
(f) Bonds must be continuous until canceled. To cancel a bond, a surety must provide
90 days' written notice of the bond's termination date to the licensee and the commissioner.
Minnesota Statutes 2020, section 223.17, subdivision 6, is amended to read:
(a) Except as allowed in paragraph (c), a grain buyer
licensed under this chapter must annually submit to the commissioner a financial statement
prepared in accordance with generally accepted accounting principles. The annual financial
statement required under this subdivision must also:
(1) include, but not be limited to the following:
(i) a balance sheet;
(ii) a statement of income (profit and loss);
(iii) a statement of retained earnings;
(iv) a statement of changes in financial position; and
(v) a statement of the dollar amount of grain purchased in the previous fiscal year of the
grain buyer;
(2) be accompanied by a compilation report of the financial statement that is prepared
by a grain commission firm or a management firm approved by the commissioner or by an
independent public accountant, in accordance with standards established by the American
Institute of Certified Public Accountants;
(3) be accompanied by a certification by the chief executive officer or the chief executive
officer's designee of the licensee, and where applicable, all members of the governing board
of directors under penalty of perjury, that the financial statement accurately reflects the
financial condition of the licensee for the period specified in the statement;
(4) for grain buyers purchasing under $5,000,000 of grain annually, be reviewed by a
certified public accountant in accordance with standards established by the American Institute
of Certified Public Accountants, and must show that the financial statements are free from
material misstatements; and
(5) for grain buyers purchasing $5,000,000 or more of grain annually, be audited by a
certified public accountant in accordance with standards established by the American Institute
of Certified Public Accountants and must include an opinion statement from the certified
public accountant.
(b) Only one financial statement must be filed for a chain of warehouses owned or
operated as a single business entity, unless otherwise required by the commissioner. All
financial statements filed with the commissioner are private or nonpublic data as provided
in section 13.02.
(c) A grain buyer who purchases grain immediately upon delivery solely with cash; a
certified check; a cashier's check; or a postal, bank, or express money order is exempt from
this subdivision if the grain buyer's gross annual purchases are deleted text begin $100,000deleted text end new text begin $250,000new text end or less.
(d) The commissioner shall annually provide information on a person's fiduciary duties
to each licensee. To the extent practicable, the commissioner must direct each licensee to
provide this information to all persons required to certify the licensee's financial statement
under paragraph (a), clause (3).