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PAG LIN 1 1 Section 1. NEW SECTION. 159B.1 DEFINITIONS. 1 2 As used in this section, unless the context otherwise 1 3 requires: 1 4 1. "Council" means the state livestock council established 1 5 in section 159B.2. 1 6 2. "Livestock" means an animal belonging to the bovine, 1 7 caprine, equine, ovine, or porcine species; ostriches, rheas, 1 8 emus; farm deer, as defined in section 481A.1; or poultry. 1 9 Sec. 2. NEW SECTION. 159B.2 ESTABLISHMENT OF THE STATE 1 10 LIVESTOCK COUNCIL. 1 11 1. A state livestock council is established within the 1 12 department. The council shall be composed of persons 1 13 interested in the production and marketing of livestock. The 1 14 members of the council shall include the following: 1 15 a. The governor, or a person designated by and 1 16 representing the governor. 1 17 b. The secretary, or a person designated by the secretary, 1 18 who shall represent the department of agriculture and land 1 19 stewardship. 1 20 c. The attorney general, or an assistant attorney general 1 21 designated by the attorney general, who shall represent the 1 22 department of justice. 1 23 d. The director of the Iowa cooperative extension service 1 24 in agriculture and home economics at Iowa state university, or 1 25 a person designated by the director, who shall represent the 1 26 service. 1 27 e. A person appointed by the secretary who is 1 28 knowledgeable regarding brands and livestock branding. 1 29 f. Two cattle producers appointed by the Iowa cattlemen's 1 30 association, who serve on the association's board of 1 31 directors, to represent the association. 1 32 g. Two swine producers appointed by the Iowa pork 1 33 producers association, who serve on the association's board of 1 34 directors, to represent the association. 1 35 h. One sheep producer appointed by the Iowa sheep 2 1 producers association, who serves on the association's board 2 2 of directors, to represent the association. 2 3 i. One poultry producer appointed by the Iowa poultry 2 4 association, who serves on the association's board of 2 5 directors, to represent the association. 2 6 j. One member appointed by the governor who shall 2 7 represent a horse association, which may include the jockey 2 8 club, American quarter horse association, or United States 2 9 trotting association, who serves on the respective 2 10 association's board of directors, to represent the person's 2 11 association. 2 12 k. A member appointed by the governor who shall represent 2 13 an association of other livestock producers, including farm 2 14 deer, ostriches, rheas, and emus, who serves on the respective 2 15 association's board of directors, to represent that person's 2 16 association. 2 17 2. The governor shall serve as chairperson of the council, 2 18 or appoint a member of the council who is actively engaged in 2 19 livestock production as chairperson of the council, who shall 2 20 be subject to confirmation by the senate, pursuant to section 2 21 2.32. 2 22 3. The members appointed pursuant to subsection 1, 2 23 paragraphs "e" through "k", shall serve three-year terms 2 24 beginning and ending as provided in section 69.19. However, 2 25 the governor shall provide that initial members serve for less 2 26 than three years to ensure that members serve staggered terms. 2 27 A member is eligible for reappointment. A vacancy on the 2 28 council shall be filled for the unexpired portion of the 2 29 regular term in the same manner as regular appointments are 2 30 made. 2 31 4. The council shall include four ex officio nonvoting 2 32 members who shall be legislative members. The legislative 2 33 members are two state senators, one appointed by the president 2 34 of the senate, after consultation with the majority leader of 2 35 the senate, and one appointed by the minority leader of the 3 1 senate, after consultation with the president of the senate, 3 2 from their respective parties; and two state representatives 3 3 appointed by the speaker of the house of representatives, 3 4 after consultation with the majority leader and the minority 3 5 leader of the house of representatives, from their respective 3 6 parties. 3 7 5. The council shall meet on a regular basis and at the 3 8 call of the chairperson or upon the written request to the 3 9 chairperson of two or more voting members. 3 10 6. The members other than those enumerated in subsection 3 11 1, paragraphs "a" through "d", shall receive compensation as 3 12 provided in section 7E.6. 3 13 7. Seven voting members constitute a quorum and the 3 14 affirmative vote of a majority of the voting members present 3 15 is necessary for any substantive action to be taken by the 3 16 council. The majority shall not include any member who has a 3 17 conflict of interest and a statement by a member that the 3 18 member has a conflict of interest is conclusive for this 3 19 purpose. A vacancy in the membership does not impair the 3 20 duties of the council. 3 21 8. The council shall be staffed by personnel of the 3 22 department as provided by the secretary. 3 23 Sec. 3. NEW SECTION. 159B.3 PURPOSE. 3 24 The purpose of the council is to oversee conditions 3 25 affecting the livestock industry, including state, national, 3 26 and international factors which affect the industry, in order 3 27 to recommend solutions benefiting livestock production in Iowa 3 28 and to better provide for the prosperity of Iowa livestock 3 29 producers. The council shall oversee and monitor the 3 30 operations of governmental agencies relating to issues 3 31 affecting livestock, and advise the governor, the general 3 32 assembly, and those agencies regarding the administration of 3 33 producer support programs; criminal acts involving livestock; 3 34 the promotion of livestock health; the transportation of 3 35 livestock; practices of livestock dealers; the inspection of 4 1 slaughter facilities; livestock identification; and the 4 2 promotion, marketing, and export of livestock and livestock 4 3 products. 4 4 Sec. 4. NEW SECTION. 159B.4 POWERS AND DUTIES. 4 5 In carrying out its purpose, the council shall do all of 4 6 the following: 4 7 1. Cooperate with, sponsor, and assist in the coordination 4 8 of joint activities conducted by, and share information and 4 9 recommendations of interest with the governor, the department, 4 10 the department of justice, the Iowa cooperative extension 4 11 service in agriculture and home economics at Iowa state 4 12 university, the general assembly, livestock producers, and 4 13 other persons interested in livestock. 4 14 2. Cooperate with, sponsor, and assist in the coordination 4 15 of joint activities conducted by, and share information and 4 16 recommendations of interest with the department, the 4 17 agricultural products advisory council established pursuant to 4 18 section 15.203, the state pseudorabies advisory committee 4 19 established pursuant to section 166D.3, the Iowa state fair 4 20 authority established pursuant to section 173.1, the 4 21 agricultural development authority established in section 4 22 175.3, the executive committee of the Iowa beef cattle 4 23 producers association established in section 181.3, the sheep 4 24 and wool promotion board established pursuant to section 4 25 182.4, the Iowa pork producers council established pursuant to 4 26 section 183A.2, the Iowa egg council established pursuant to 4 27 section 196A.4, and the livestock health advisory council 4 28 established pursuant to section 267.2. 4 29 3. Prepare reports and recommendations regarding methods 4 30 to maximize the efficiency and effectiveness of governmental 4 31 operations affecting livestock production. The council shall 4 32 examine practices involving the use of brands and tattoos and 4 33 the administration of brands and tattoos pursuant to chapter 4 34 169A. 4 35 Sec. 5. Section 169A.4, Code 1995, is amended to read as 5 1 follows: 5 2 169A.4 RECORDING – FEE. 5 3AnyA person desiring to adopt a brand shall forward to the 5 4 secretarypropera brand application on formsof suchapproved 5 5 by the secretary and providing for the desired brand, together 5 6 with a recording fee in an amount established by rule of the 5 7 secretary pursuant to chapter 17A, which. The fee amount 5 8 shall be based upon the administrative costs of maintaining 5 9 the brand program provided for by this chapter. Upon receipt 5 10of such, the secretary shall file the application and fee,the5 11secretary shall file the same andunlesssuchthe brand is of 5 12 recordas thatofsome otheranother person or conflicts with 5 13 or closely resembles the brand of another person, the5 14secretary shall record the same. If the secretary determines 5 15 that such brand is of record or conflicts with or closely 5 16 resembles the brand of another person, the secretary shall not 5 17 record it but shall returnsuchthe facsimile and fee to the 5 18 forwarding person. However, the secretary shall renew a 5 19 conflicting brand, if the brand was originally recorded prior 5 20 to the effective date of this Act, and the brand is renewed as 5 21 provided in section 169A.13. The department may notify each 5 22 owner of a conflicting brand that the owner may record a 5 23 nonconflicting brand. The power of examination, approval, 5 24 acceptance, or rejection shall be vested in the secretary.It5 25shall be the duty of theThe secretarytoshall file all 5 26 brands offered for record pending the examination provided for 5 27 in this section. The secretary shall make such examination as 5 28 promptly as possible. If the brand is accepted, the brand's 5 29 ownershipthereofshall vest in the person recording it from 5 30 the date of filing. 5 31 Sec. 6. Section 169A.16, Code Supplement 1995, is 5 32 repealed. 5 33 EXPLANATION 5 34 This bill provides for the establishment of a state 5 35 livestock council within the department of agriculture and 6 1 land stewardship. Council membership includes persons 6 2 representing the governor, the secretary of agriculture, the 6 3 attorney general, the Iowa cooperative extension service in 6 4 agriculture and home economics, the Iowa cattlemen's 6 5 association, the Iowa pork producers association, the Iowa 6 6 sheep producers association, and the Iowa poultry association. 6 7 The bill also provides that the council must include a person 6 8 knowledgeable regarding brands; a person representing a horse 6 9 association; and a person representing farm deer, ostriches, 6 10 rheas, and emus. 6 11 The bill provides for procedures regarding the 6 12 administration of the council. The council is to be staffed 6 13 by personnel of the department of agriculture and land 6 14 stewardship. The purpose of the council is to oversee 6 15 conditions affecting the livestock industry, including state, 6 16 national, and international factors which affect the industry, 6 17 in order to recommend solutions benefiting livestock 6 18 production in Iowa and to better provide for the prosperity of 6 19 Iowa livestock producers. The council is required to 6 20 cooperate with, sponsor, and assist in the coordination of 6 21 joint activities conducted by, and share information and 6 22 recommendations of interest with, persons and agencies 6 23 interested in livestock production and marketing. The council 6 24 is required to prepare reports and recommendations regarding 6 25 methods to maximize the efficiency and effectiveness of 6 26 governmental operations affecting livestock production. The 6 27 council is also required to examine practices involving the 6 28 use of brands and tattoos and the administration of brands and 6 29 tattoos. 6 30 Last year the general assembly enacted 1995 Iowa Acts, 6 31 chapter 60 (senate file 402) which amended chapter 169A, 6 32 providing for brands registered with the department of 6 33 agriculture and land stewardship. Part of the bill provided 6 34 that the department must eliminate brands which are duplicated 6 35 effective July 1, 1996. This bill eliminates that provision, 7 1 and provides that the secretary must renew a conflicting 7 2 brand, if the brand was originally recorded prior to the 7 3 effective date of this bill, and the brand is a renewal as 7 4 provided in the chapter. 7 5 LSB 3622SS 76 7 6 da/sc/14.2
Text: SF02183 Text: SF02185 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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