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PAG LIN
1 1 Section 1. Section 22.7, Code Supplement 1995, is amended
1 2 by adding the following new subsection:
1 3 NEW SUBSECTION. 33. Reports submitted by dealers or
1 4 brokers to the secretary of state as provided in section
1 5 172A.14.
1 6 Sec. 2. NEW SECTION. 172A.14 REPORTING.
1 7 1. A dealer or broker, other than a cold storage plant
1 8 regulated under chapter 171 or a frozen food locker plant
1 9 regulated under chapter 172, shall file with the secretary of
1 10 state, an annual report, and supplemental weekly reports,
1 11 setting forth information regarding each contract in force, in
1 12 which the dealer or broker is a party, for the purchase of
1 13 livestock or poultry, and which sets a date for delivery more
1 14 than twenty days after the making of the contract. The
1 15 reports shall include all of the following information:
1 16 a. The name and business address of the dealer or broker.
1 17 b. The name and business address of the other party to the
1 18 contract.
1 19 c. The type of species of livestock or poultry subject to
1 20 the contract.
1 21 d. The number of head of livestock or poultry subject to
1 22 the contract.
1 23 e. The price paid per hundredweight for the purchase of
1 24 the livestock or poultry.
1 25 f. The date the contract was executed and the delivery
1 26 date for the livestock or poultry.
1 27 g. Any additional related information required by the
1 28 secretary of state necessary to administer this section.
1 29 2. The annual and weekly reports shall be filed as
1 30 provided by rules adopted by the secretary of state pursuant
1 31 to chapter 17A. However, the annual report shall not be filed
1 32 later than March 31 of each year. The reports shall be
1 33 completed on forms prepared by the secretary of state and
1 34 filed according to procedures required by the secretary of
1 35 state.
2 1 3. Reports by corporations shall be signed by the
2 2 president or other officer or authorized representative.
2 3 Reports by limited liability companies shall be signed by a
2 4 manager or other authorized representative. Reports by
2 5 limited partnerships shall be signed by the president or other
2 6 authorized representative of the partnership. Reports by
2 7 individuals shall be signed by the individual or an authorized
2 8 representative.
2 9 4. The failure to timely file, or the filing of false
2 10 information on, an annual report is punishable by a civil
2 11 penalty not to exceed one thousand dollars for each day that a
2 12 timely or truthful report is not filed. The failure to timely
2 13 file, or the filing of false information on, a weekly report
2 14 is punishable by a civil penalty not to exceed one hundred
2 15 dollars for each day that a timely or truthful report is not
2 16 filed. The secretary of state shall refer to the attorney
2 17 general any broker or dealer who the secretary believes is in
2 18 violation of this section. The attorney general may, upon
2 19 referral from the secretary of state, file an action in
2 20 district court to enforce this section.
2 21 5. A report by a dealer or broker is confidential, except
2 22 as to the attorney general for review and appropriate action
2 23 when necessary. The secretary of state shall, not later than
2 24 June 1 of each year, publish a report summarizing the
2 25 information contained in the reports received from dealers and
2 26 brokers during the past annual reporting period. The
2 27 secretary's report shall not identify any party to a contract,
2 28 or information which may be associated with one particular
2 29 party to a contract.
2 30 EXPLANATION
2 31 This bill amends chapter 172A which in part regulates
2 32 persons engaged in the business of slaughtering live animals
2 33 or receiving, buying, or soliciting live animals for
2 34 slaughter, the meat products of which are directly or
2 35 indirectly to be offered for resale or for public consumption.
3 1 The chapter refers to these persons as "dealers or brokers".
3 2 The bill provides that a dealer or broker other than a cold
3 3 storage plant or frozen food locker plant, must file with the
3 4 secretary of state, an annual report, and supplemental weekly
3 5 reports, setting forth information regarding marketing
3 6 contracts for the purchase of livestock or poultry which sets
3 7 a date for delivery more than 20 days after the making of the
3 8 contract. The report must identify the parties to the
3 9 contract; and the species, the number of head, and the price
3 10 paid per hundredweight for the purchase of the livestock or
3 11 poultry. It must also include the date the contract was
3 12 executed and the delivery date for the livestock or poultry.
3 13 The bill provides procedures for filing the reports, and
3 14 provides that a failure to timely file, or filing of false
3 15 information, is punishable by a civil penalty of up to $1,000
3 16 per day if the violation involves an annual report and up to
3 17 $100 per day if the violation involves a weekly report. The
3 18 bill provides reports are confidential. The bill requires the
3 19 secretary of state to publish a report summarizing the
3 20 information contained in reports submitted by dealers and
3 21 brokers for the previous annual reporting period.
3 22 LSB 3349XS 76
3 23 da/sc/14
Text: SF02116 Text: SF02118 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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