Sec. 12103. FEASIBILITY STUDY ON LIVESTOCK DEALER STATUTORY TRUST
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## SEC. 12103 FEASIBILITY STUDY ON LIVESTOCK DEALER STATUTORY TRUST ###
(a)In General The Secretary shall conduct a study to determine the feasibility of establishing a livestock dealer statutory trust. ###
(b)Contents The study conducted under subsection
(a)shall— ####
(1)analyze how the establishment of a livestock dealer statutory trust would affect buyer and seller behavior in markets for livestock (as defined in section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182)); ####
(2)examine how the establishment of a livestock dealer statutory trust would affect seller recovery in the event of a livestock dealer payment default; ####
(3)consider what potential effects a livestock dealer statutory trust would have on credit availability, including impacts on lenders and lending behavior and other industry participants; ####
(4)examine unique circumstances common to livestock dealers and how those circumstances could impact the functionality of a livestock dealer statutory trust; ####
(5)study the feasibility of the industry-wide adoption of electronic funds transfer or another expeditious method of payment to provide sellers of livestock protection from nonsufficient funds payments; ####
(6)assess the effectiveness of statutory trusts in other segments of agriculture, whether similar effects could be experienced under a livestock dealer statutory trust, and whether authorizing the Secretary to appoint an independent trustee under the livestock dealer statutory trust would improve seller recovery; ####
(7)consider the effects of exempting dealers with average annual purchases under a de minimis threshold from being subject to the livestock dealer statutory trust; and ####
(8)analyze how the establishment of a livestock dealer statutory trust would affect the treatment of sellers of livestock as it relates to preferential transfer in bankruptcy. ###
(c)Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the findings of the study conducted under subsection (a).
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Sec. 12103
FEASIBILITY STUDY ON LIVESTOCK DEALER STATUTORY TRUST
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