Bill

Bill > HB2254


KS HB2254

Requiring milk processors to hold payments in trust for milk producers until full payment is received, with funds in escrow considered held in trust.


summary

Introduced
02/04/2025
In Committee
03/13/2025
Crossed Over
02/25/2025
Passed
03/21/2025
Dead
Signed/Enacted/Adopted
04/10/2025

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT concerning agriculture; relating to financial accounts used to hold and disburse milk producer funds; defining milk producer to include any cooperative association that sells or markets milk on behalf of members; requiring milk processors to hold payments in trust for milk producers until full payment is received, with funds in escrow considered held in trust; allowing milk producers to require escrow accounts for payments, with specific conditions for deposits and account management; specifying that funds in trust or escrow are the property of the milk producer; exempting milk processors from escrow or trust requirements if certain conditions are not met; prohibiting milk processors from purchasing raw milk without compliance with federal milk marketing orders and agreed provisions; holding milk processors liable for unpaid raw milk, including purchase price, interest and attorney fees.

AI Summary

This bill establishes a comprehensive legal framework to protect milk producers' financial interests when selling raw milk to milk processors. The legislation defines key terms such as "milk producer" (which now includes cooperative associations), "milk processor", and "timely payment" (defined as payment within three days of the due date). The bill requires milk processors to hold payments in trust for milk producers until full payment is received, with an option for milk producers to mandate the creation of a segregated, interest-bearing escrow account at a state financial institution. Milk processors must deposit funds into this account proportionally based on the quantity of milk purchased from each producer. The bill specifies that funds in trust or escrow are the property of the milk producer and provides conditions under which milk processors are exempt from these trust or escrow requirements, such as if the producer does not provide written notice within specified timeframes after a payment issue. Additionally, the bill prohibits milk processors from purchasing raw milk without complying with federal milk marketing orders and agreed provisions, and establishes that processors who fail to pay for raw milk are liable for the purchase price, interest, and reasonable attorney fees. The legislation does not apply to transactions between a cooperative association and its members, providing a targeted approach to protecting milk producers' financial interests.

Committee Categories

Agriculture and Natural Resources

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Agriculture and Natural Resources (H)

Last Action

House Approved by Governor on Wednesday, March 26, 2025 (on 04/10/2025)

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