Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1063 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1.1 A bill for an act​
22 1.2 relating to agriculture; modifying financial reporting requirements for grain buyers;​
33 1.3 amending Minnesota Statutes 2024, section 223.17, subdivision 6.​
44 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
55 1.5 Section 1. Minnesota Statutes 2024, section 223.17, subdivision 6, is amended to read:​
66 1.6 Subd. 6.Financial statements.(a) Except as allowed in paragraph (c), a grain buyer​
77 1.7licensed under this chapter must annually submit to the commissioner a financial statement​
88 1.8prepared by a third-party independent accountant or certified public accountant in accordance​
99 1.9with generally accepted accounting principles national or international accounting standards.​
1010 1.10The annual financial statement required under this subdivision must also:​
1111 1.11 (1) include, but not be limited to the following:​
1212 1.12 (i) a balance sheet;​
1313 1.13 (ii) a statement of income (profit and loss);​
1414 1.14 (iii) a statement of retained earnings;​
1515 1.15 (iv) a statement of changes in financial position cash flow; and​
1616 1.16 (v) a statement of the dollar amount of grain purchased in the previous fiscal year of the​
1717 1.17grain buyer;​
1818 1.18 (2) be accompanied by a compilation report of the financial statement that is prepared​
1919 1.19by a grain commission firm or a management firm approved by the commissioner or by an​
2020 1.20independent public accountant, in accordance with standards established by the American​
2121 1.21Institute of Certified Public Accountants or similar international standards;​
2222 1​Section 1.​
2323 REVISOR BD/DG 25-03088​01/31/25 ​
2424 State of Minnesota​
2525 This Document can be made available​
2626 in alternative formats upon request​
2727 HOUSE OF REPRESENTATIVES​
2828 H. F. No. 1063​
2929 NINETY-FOURTH SESSION​
3030 Authored by Anderson, P. H.; Nelson and Cha​02/17/2025​
3131 The bill was read for the first time and referred to the Committee on Agriculture Finance and Policy​ 2.1 (3) be accompanied by a certification by the chief executive officer or the chief executive​
3232 2.2officer's designee of the licensee, and where applicable, all members of the governing board​
3333 2.3of directors under penalty of perjury, that the financial statement accurately reflects the​
3434 2.4financial condition of the licensee for the period specified in the statement;​
3535 2.5 (4) for grain buyers purchasing under $7,500,000 of grain annually, be reviewed by a​
3636 2.6certified public accountant in accordance with standards established by the American Institute​
3737 2.7of Certified Public Accountants, and must show that the financial statements are free from​
3838 2.8material misstatements; and​
3939 2.9 (5) (3) for grain buyers purchasing $7,500,000 or more of grain annually, be audited or​
4040 2.10reviewed by a certified public accountant in accordance with standards established by the​
4141 2.11American Institute of Certified Public Accountants and or similar international standards.​
4242 2.12An audit must include an opinion statement from the certified public accountant. performing​
4343 2.13the audit; and​
4444 2.14 (4) for grain buyers purchasing $20,000,000 or more of grain annually, be audited by a​
4545 2.15certified public accountant in accordance with standards established by the American Institute​
4646 2.16of Certified Public Accountants or similar international standards. The audit must include​
4747 2.17an opinion statement from the certified public accountant performing the audit.​
4848 2.18 (b) Only one financial statement must be filed for a chain of warehouses owned or​
4949 2.19operated as a single business entity, unless otherwise required by the commissioner. All​
5050 2.20financial statements filed with the commissioner are private or nonpublic data as provided​
5151 2.21in section 13.02.​
5252 2.22 (c) A grain buyer who purchases grain immediately upon delivery solely with cash; a​
5353 2.23certified check; a cashier's check; or a postal, bank, or express money order, as defined in​
5454 2.24section 223.16, subdivision 2a, paragraph (b), is exempt from this subdivision if the grain​
5555 2.25buyer's gross annual purchases are $1,000,000 or less.​
5656 2.26 (d) For a grain buyer that qualifies for the exemption in paragraph (c), the commissioner​
5757 2.27retains the right to require the grain buyer to provide the commissioner with financial​
5858 2.28reporting based on inspections, any report of nonpayment, or other documentation related​
5959 2.29to violations of this chapter, chapter 232, or Minnesota Rules, chapter 1562.​
6060 2.30 (e) To ensure compliance with this chapter, the commissioner must annually review​
6161 2.31financial statements submitted under paragraph (a).​
6262 2.32 (d) (f) The commissioner shall annually provide information on a person's fiduciary​
6363 2.33duties to each licensee. To the extent practicable, the commissioner must direct each licensee​
6464 2​Section 1.​
6565 REVISOR BD/DG 25-03088​01/31/25 ​ 3.1to provide this information to all persons required to certify the licensee's financial statement​
6666 3.2under paragraph (a), clause (3).​
6767 3.3 (g) The commissioner may require a grain buyer to provide additional financial statements​
6868 3.4or financial reporting, including audited financial statements.​
6969 3.5 EFFECTIVE DATE.This section is effective the day following final enactment.​
7070 3​Section 1.​
7171 REVISOR BD/DG 25-03088​01/31/25 ​