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Text: HF00686                           Text: HF00688
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House File 687

Partial Bill History

Bill Text

PAG LIN
  1  1                                        HOUSE FILE 687
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO STATUTORY REFERENCES TO THE IOWA BEEF INDUSTRY
  1  5    COUNCIL AND INCREASING AN EXCISE TAX ON BEEF CATTLE UPON
  1  6    A REFERENDUM.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 181.3, subsection 1, unnumbered
  1 11 paragraph 1, Code 1997, is amended to read as follows:
  1 12    An executive committee of the Iowa beef cattle producers
  1 13 association is created.  The executive committee may also be
  1 14 known as the Iowa beef industry council.  The executive
  1 15 committee consists of eight members as follows:
  1 16    Sec. 2.  Section 181.6, subsection 1, Code 1997, is amended
  1 17 to read as follows:
  1 18    1.  "Executive committee" means the executive committee
  1 19 created in section 181.3, which is also known as the Iowa beef
  1 20 industry council.
  1 21    Sec. 3.  Section 181.13, unnumbered paragraph 1, Code 1997,
  1 22 is amended to read as follows:
  1 23    All excise taxes imposed and levied under this chapter
  1 24 shall be paid to and collected by the executive committee and
  1 25 deposited with the treasurer of state in a separate cattle and
  1 26 veal calf fund which shall be created by the treasurer of
  1 27 state.  The department of revenue and finance shall transfer
  1 28 moneys from the fund to the executive committee for deposit
  1 29 into an account established by the executive committee in a
  1 30 qualified financial institution.  The department shall
  1 31 transfer the moneys as provided in a resolution adopted by the
  1 32 executive committee.  However, the department is only required
  1 33 to transfer moneys once during each day and only during hours
  1 34 when the offices of the state are open.  From the moneys
  1 35 collected, deposited, and transferred to the executive
  2  1 committee, in accordance with the provisions of this chapter,
  2  2 the executive committee shall first pay the costs of
  2  3 referendums held pursuant to this chapter, the costs of
  2  4 collection of such excise tax, the expenses of its agents and
  2  5 expenses of officers provided for in section 181.5.  Except as
  2  6 otherwise provided in section 181.19, at least thirty percent
  2  7 of the remaining moneys shall be remitted to the national
  2  8 livestock and meat board and the beef industry council, and at
  2  9 least ten percent of the remaining funds shall be remitted to
  2 10 the Iowa beef cattle producers association in proportions
  2 11 determined by the executive committee, for use in a manner not
  2 12 inconsistent with section 181.7.  The remaining moneys, with
  2 13 approval of a majority of the executive committee, shall be
  2 14 expended as the executive committee finds necessary to carry
  2 15 out the provisions and purposes of this chapter.  However, in
  2 16 no event shall the total expenses exceed the total amount
  2 17 transferred from the fund for use by the executive committee.
  2 18    Sec. 4.  Section 181.14, Code 1997, is amended to read as
  2 19 follows:
  2 20    181.14  NOTICE.
  2 21    Notice of any such referendum shall be given by the
  2 22 secretary by publishing the same for a period of not less than
  2 23 five days in a newspaper of general circulation in the state
  2 24 and in such other newspapers as the secretary may prescribe.
  2 25 The notice of referendum shall set forth the period for voting
  2 26 and the voting places for the referendum and the amount of the
  2 27 deduction pursuant to section 181.11.  No referendum shall be
  2 28 commenced prior to five days after the last day of such period
  2 29 of publication.
  2 30    Sec. 5.  Section 181.17, Code 1997, is amended to read as
  2 31 follows:
  2 32    181.17  PRODUCERS NOT MEMBERS.
  2 33    Every A producer, even though who is not a member thereof,
  2 34 of the Iowa beef cattle producers association shall be
  2 35 entitled to vote in elections of persons to be directors of
  3  1 the Iowa beef cattle producers association members of the
  3  2 executive committee in the same manner as if the producer were
  3  3 a member.  Directors thus The members elected, to the
  3  4 executive committee shall elect from their number the officers
  3  5 referred to in section 181.1.
  3  6    Sec. 6.  Section 181.19, Code 1997, is amended by adding
  3  7 the following new unnumbered paragraph after unnumbered
  3  8 paragraph 1:
  3  9    NEW UNNUMBERED PARAGRAPH.  The secretary shall, upon the
  3 10 petition of five hundred producers, conduct a special
  3 11 referendum to determine whether an excise tax already
  3 12 collected shall be increased to a rate, established by the
  3 13 executive committee, not to exceed one dollar per head on all
  3 14 beef cattle and veal calves sold for any purpose.
  3 15    Sec. 7.  Section 181.19, unnumbered paragraphs 2, 4, and 5,
  3 16 Code 1997, are amended to read as follows:
  3 17    The initial referendum and subsequent referendums for
  3 18 extension of such excise tax referenda shall be conducted
  3 19 under the provisions of sections 181.9 and 181.10, as nearly
  3 20 as may be is possible.  Upon determination by the secretary
  3 21 that assent to the assessment has been given, there shall be
  3 22 assessed and levied an excise tax on each sale in the amount
  3 23 provided in this section.  The tax shall be due at or before
  3 24 the time the animals are sold and shall be paid at a time
  3 25 prescribed by the council, but not later than the last day of
  3 26 the month following the end of the prior reporting period in
  3 27 which the animals are sold.
  3 28    On the date of the effective period for the collection date
  3 29 of the an excise tax which is larger than provided for in this
  3 30 section, any lesser excise tax being assessed and levied under
  3 31 section 181.11 shall terminate during any period for which any
  3 32 excise tax provided for in this section shall be in effect.
  3 33 However, if a special referendum to increase the excise tax
  3 34 should fail, it shall not affect the existence or length of
  3 35 the assessment in effect on the date that the special
  4  1 referendum is conducted.  The provisions of sections 181.12,
  4  2 181.13, 181.14, 181.15 and 181.16 shall also be applicable to
  4  3 the tax provided for in this section, as nearly as may be is
  4  4 possible.  Notwithstanding the provisions in section 181.13 to
  4  5 the contrary, at least fifteen percent of the funds collected
  4  6 from an excise tax assessed and levied under the provisions of
  4  7 this section shall be remitted to the national livestock and
  4  8 meat board and the beef industry council thereof, after first
  4  9 paying the costs and expenses referred to in section 181.13.
  4 10    An assessment adopted following the initial by referendum
  4 11 shall be effective for four years from its effective date and
  4 12 shall be either extended or terminated as provided in this
  4 13 section.
  4 14    Sec. 8.  Section 181.11, Code 1997, is repealed.
  4 15    Sec. 9.  DIRECTIONS TO CODE EDITOR.  The Iowa Code editor
  4 16 shall transfer section 181.6 and recodify it as section 181.1
  4 17 and renumber subsequent sections in chapter 181 and correct
  4 18 internal references as necessary.  
  4 19 
  4 20 
  4 21                                                             
  4 22                               RON J. CORBETT
  4 23                               Speaker of the House
  4 24 
  4 25 
  4 26                                                             
  4 27                               MARY E. KRAMER
  4 28                               President of the Senate
  4 29 
  4 30    I hereby certify that this bill originated in the House and
  4 31 is known as House File 687, Seventy-seventh General Assembly.
  4 32 
  4 33 
  4 34                                                             
  4 35                               ELIZABETH ISAACSON
  5  1                               Chief Clerk of the House
  5  2 Approved                , 1997
  5  3 
  5  4 
  5  5                         
  5  6 TERRY E. BRANSTAD
  5  7 Governor
     
Text: HF00686                           Text: HF00688
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