[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6067 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 6067
To amend the Packers and Stockyards Act, 1921, to provide for the
establishment of a trust for the benefit of unpaid cash sellers of
livestock, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
March 3, 2020
Mr. Marshall (for himself and Mr. Costa) introduced the following bill;
which was referred to the Committee on Agriculture
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A BILL
To amend the Packers and Stockyards Act, 1921, to provide for the
establishment of a trust for the benefit of unpaid cash sellers of
livestock, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing All Livestock Equitably Act
of 2020'' or the ``SALE Act of 2020''.
SEC. 2. ESTABLISHMENT OF TRUST FOR BENEFIT OF UNPAID CASH SELLERS OF
LIVESTOCK.
The Packers and Stockyards Act, 1921, is amended by inserting after
section 317 (7 U.S.C. 217a) the following new section:
``SEC. 318. STATUTORY TRUST ESTABLISHED; DEALER.
``(a) Establishment.--
``(1) In general.--All livestock purchased by a dealer in
cash sales and all inventories of, or receivables or proceeds
from, such livestock shall be held by such dealer in trust for
the benefit of all unpaid cash sellers of such livestock until
full payment has been received by such unpaid cash sellers.
``(2) Exemption.--Any dealer whose average annual purchases
of livestock do not exceed $100,000 shall be exempt from the
provisions of this section.
``(3) Effect of dishonored instruments.--For purposes of
determining full payment under paragraph (1), a payment to an
unpaid cash seller shall not be considered to have been made if
the unpaid cash seller receives a payment instrument that is
dishonored.
``(b) Preservation of Trust.--An unpaid cash seller shall lose the
benefit of a trust under subsection (a) if the unpaid cash seller has
not preserved the trust by giving written notice to the dealer involved
and filing such notice with the Secretary--
``(1) within 30 days of the final date for making a payment
under section 409 in the event that a payment instrument has
not been received; or
``(2) within 15 business days after the date on which the
seller receives notice that the payment instrument promptly
presented for payment has been dishonored.
``(c) Notice to Lien Holders.--When a dealer receives notice under
subsection (b) of the unpaid cash seller's intent to preserve the
benefits of the trust, the dealer shall, within 15 business days, give
notice to all persons who have recorded a security interest in, or lien
on, the livestock held in such trust.
``(d) Cash Sales Defined.--For the purpose of this section, a cash
sale means a sale in which the seller does not expressly extend credit
to the buyer.
``(e) Purchase of Livestock Subject to Trust.--
``(1) In general.--A person purchasing livestock subject to
a dealer trust shall receive good title to the livestock if the
person receives the livestock--
``(A) in exchange for payment of new value; and
``(B) in good faith without notice that the
transfer is a breach of trust.
``(2) Dishonored payment instrument.--Payment shall not be
considered to have been made if a payment instrument given in
exchange for the livestock is dishonored.
``(3) Transfer in satisfaction of antecedent debt.--A
transfer of livestock subject to a dealer trust is not for
value if the transfer is in satisfaction of an antecedent debt
or to a secured party pursuant to a security agreement.
``(f) Enforcement.--Whenever the Secretary has reason to believe
that a dealer subject to section 318 has failed to perform the duties
required by section 318 or whenever the Secretary has reason to believe
that it will be in the best interest of unpaid cash sellers, the
Secretary shall do one or more of the following--
``(1) appoint an independent trustee to carry out the
duties required by section 318, preserve trust assets, and
enforce the trust;
``(2) serve as independent trustee, preserve trust assets,
and enforce the trust; or
``(3) file suit in the United States district court for the
district in which the dealer resides to enjoin the dealer's
failure to perform the duties required by section 318, preserve
trust assets, and to enforce the trust. Attorneys employed by
the Secretary may, with the approval of the Attorney General,
represent the Secretary in any such suit. Nothing herein shall
preclude unpaid sellers from filing suit to preserve or enforce
the trust.''.
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