Text: HF02395 Text: HF02397 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 196A.1, subsections 3 and 5, Code 1997, 1 2 are amended to read as follows: 1 3 3. "Eggby-productproduct" means a product produced in 1 4 whole or in part from eggs or spent fowl. 1 5 5. "Market development" meansresearch and educational1 6 programs which are directed toward any of the following: 1 7 a. Better and more efficient production, marketing, and 1 8 utilization of eggs or eggby-products produced for resale1 9 products. 1 10 b.Better methods, including, but not limited to, public1 11relations and other promotion techniques, for theThe 1 12 maintenance of present markets andforthe development of new 1 13 or largerdomestic or foreignmarketsandfor the sale of eggs 1 14 or eggby-productsproducts. 1 15 c. Prevention, modification, or elimination of trade 1 16 barriers which obstruct the free flow of eggs or eggby-1 17products to marketproducts in commerce. 1 18 Sec. 2. Section 196A.1, Code 1997, is amended by adding 1 19 the following new subsection: 1 20 NEW SUBSECTION. 4A. "Eligible voter" means a producer who 1 21 is qualified to vote in a referendum conducted under this 1 22 chapter according to the requirements of section 196A.4 or 1 23 196A.4A. 1 24 Sec. 3. Section 196A.4, subsection 3, Code 1997, is 1 25 amended to read as follows: 1 26 3. a. Each producer who signs a statement certifying that 1 27 the producer is a bona fide producer shall be an eligible 1 28 voter under this section. An eligible voter is entitled to 1 29 cast one vote in each referendum conducted under this section. 1 30 b. At the close of the referendum, the secretary shall 1 31 count and tabulate the ballots cast. 1 32 (1) If a majority of eligible votersfavorapprove 1 33 establishing an Iowa egg council and imposing an assessment, a 1 34 council shall be established, and an assessment shall be 1 35 imposed commencing not more than sixty days following the 2 1 referendum as determined by the council and shall continuefor2 2a period of five years unless extended as provided in section2 3196A.4Cuntil eligible voters voting in a referendum held 2 4 pursuant to section 196A.4C vote to abolish the council and 2 5 terminate the imposition of the assessment. 2 6 (2) If a majority of the voters do notfavorapprove 2 7 establishing the council and imposing the assessment, the 2 8 council shall not be established and an assessment shall not 2 9 be imposed until another referendum is held under this chapter 2 10 and a majority of the eligible voters approve establishing a 2 11 council and imposing the assessment. If a referendum should 2 12 fail, another referendum shall not be held within one hundred 2 13 eighty days. 2 14 Sec. 4. Section 196A.4A, unnumbered paragraph 1, Code 2 15 1997, is amended to read as follows: 2 16If approved by a majority of voters at a referendum as2 17provided in this chapter, anThe council shall establish an 2 18 assessment amountset by the council at not more than five2 19centsfor each thirty dozen eggs produced in this state. The 2 20 assessment shall be imposed onthea producer at the time of 2 21 delivery to a purchaser whowillshall deduct the assessment 2 22 from the price paid tothea producer at the time of sale. 2 23 The assessment shall not be refundable. The assessment is due 2 24 to be paid to the council within thirty days following each 2 25 calendar quarter, as provided by the council. 2 26 Sec. 5. Section 196A.4C, Code 1997, is amended to read as 2 27 follows: 2 28 196A.4C REFERENDUMS CONDUCTEDDURING THE TENURE OFTO 2 29 ABOLISH THE COUNCIL AND TERMINATE IMPOSITION OF THE 2 30 ASSESSMENT. 2 31 1. A referendumshall be conducted as follows:may be 2 32 called to abolish the council and terminate the imposition of 2 33 the assessment. 2 34a. A referendum to extend the imposition of the assessment2 35imposed pursuant to section 196A.4 shall be held every five3 1years in the year prior to the expiration of the assessment in3 2force.3 3b.The secretary shall call, and the department shall 3 4 conduct,athe referendum upon the department's receipt of a 3 5 petitionwhich is signed by at least twenty producers3 6 requestinga referendum to determine whether to terminate the3 7council and the imposition of the assessmentthe referendum. 3 8 The petition must be signed by at least twenty eligible voters 3 9 or fifty percent of all eligible voters whichever is greater. 3 10 In order to be an eligible voter under this section, a 3 11 producer must have paid an assessment in the year of the 3 12 referendum. The referendum shall be conducted within sixty 3 13 days following receipt of the petition. The petitioners shall 3 14 guarantee payment of the cost of the referendum by providing 3 15 evidence of financial security as required by the department. 3 16 2. The following procedures shall apply to a referendum 3 17 conducted pursuant to this section: 3 18 a. The department shallgivepublish a notice of the 3 19 referendumon the question whether to continue the council and3 20the assessment by publishing the noticefor a period of not 3 21 less than five days in at least one newspaper of general 3 22 circulation in the state. The notice shall state the voting 3 23 places, period of time for voting, and other information 3 24 deemed necessary by the department. A referendum shall not be 3 25 commenced until five days after the last date of publication. 3 26 b. Upon signing a statement certifying to the secretary 3 27 thata personthe producer isa bona fide produceran eligible 3 28 voter,the persona producer is entitled to one vote in each 3 29 referendum conducted pursuant to this section. The department 3 30 may conduct the referendum by mail, electronic means, or a 3 31 general meeting of eligible voters. The department shall 3 32 conduct the referendum and count and tabulate the ballots 3 33 filed during the referendum within thirty days following the 3 34 close of the referendum. 3 35 (1) If a majority of the total number ofproducers voting4 1 eligible voters who vote in the referendumapprovesapprove 4 2 the continuation of the council and the imposition of the 4 3 assessmentas provided in the referendum, the councilshall4 4remain in existenceand the imposition of the assessment shall 4 5be leviedcontinue as provided in this chapter. 4 6 (2) If a majority of the total number ofproducers voting4 7 eligible voters who vote in the referendum held pursuant to 4 8 this section do not approve continuing the council and the 4 9 imposition of the assessmentas provided in the referendum, 4 10 the secretary shall terminate the collection of the assessment 4 11 on the first day of the year for which the referendum was to 4 12 continue. The secretary shall terminate the activities of the 4 13 council in an orderly manner as soon as practicable after the 4 14 determination. An additional referendum may be held as 4 15 provided in section 196A.4. However, the subsequent 4 16 referendum shall not be held within one hundred eighty days. 4 17 Sec. 6. Section 196A.5, unnumbered paragraph 1, Code 1997, 4 18 is amended to read as follows: 4 19 The Iowa egg council established under this chapter shall 4 20 be composed of sevenproducersmembers. Eachcouncilmember 4 21 must be a natural person who is a resident of this state and a 4 22 producer or an officer, equity owner, or employee of a 4 23 producer. A producer shall not be represented more than once 4 24 on the council. Two persons shall represent large producers, 4 25 two persons shall represent medium producers, and three 4 26 persons shall represent small producers. The council shall 4 27 adopt rules pursuant to chapter 17A establishing 4 28 classifications for large, medium, and small producers. The 4 29 following persons or their designees shall serve as ex officio 4 30 nonvoting members: 4 31 Sec. 7. Section 196A.5B, subsections 1 and 3, Code 1997, 4 32 are amended to read as follows: 4 33 1. The council shall appoint a committee to nominate 4 34 candidates to stand for election to the council. The council 4 35 may require that the committee nominate candidates to be 5 1 appointed by the council to fill a vacancy in a position for 5 2 the unexpired term of a member.The committee shall be5 3comprised of five producers, including the chairperson of the5 4council who shall serve as the chairperson of the nominating5 5committee. The nominating committee shall include at least5 6one member of the council whose term is next to expire. The5 7committee shall also include at least one producer who is5 8classified as a large producer, if a member whose term is to5 9expire represents large producers; at least one producer who5 10is classified as a medium producer, if a member whose term is5 11to expire represents medium producers; and at least one5 12producer who is classified as a small producer, if a member5 13whose term is to expire represents small producers.5 14 3.AThe council shall provide a notice of an election for 5 15 members of the councilshall be provided by the council by5 16publication in a newspaper of general circulation in the state5 17and in any other reasonable manner required by the councilby 5 18 any means deemed reasonable by the council. The notice shall 5 19 include the period of time for voting, voting places, and any 5 20 other information determined necessary by the council. 5 21 Sec. 8. Section 196A.11, Code 1997, is amended to read as 5 22 follows: 5 23 196A.11 DUTIES OF COUNCIL. 5 24 The Iowa egg council shall do all of the following: 5 25 1.Provide methods, including, but not limited to public5 26relations and other promotion techniques, for the maintenance5 27of present markets. However, the council shall not impose any5 28marketing order or similar restriction.Promote all of the 5 29 following: 5 30 a. The increased utilization of eggs and egg products. 5 31 b. Health benefits associated with the consumption of eggs 5 32 or egg products. 5 33 c. Economic benefits associated with the production and 5 34 processing of eggs or egg products. 5 35 d. The safe use and consumption of eggs and egg products. 6 1 2.Assist in otherProvide for market development. 6 2 3. Administer elections for members of the council and 6 3 provide for the appointment of persons to fill vacancies 6 4 occurring on the council, as provided in section 196A.5B. The 6 5 department may assist the council in administering an 6 6 election, upon request to the secretary by the council. 6 7 4. Performall acts necessaryany other function the 6 8 council deems necessary toeffectuatecarry out the provisions 6 9 of this chapter. 6 10 Sec. 9. Section 196A.12, unnumbered paragraph 1, Code 6 11 1997, is amended to read as follows: 6 12 The Iowa egg council may do all of the following: 6 13 Sec. 10. Section 196A.12, Code 1997, is amended by adding 6 14 the following new subsection: 6 15 NEW SUBSECTION. 5. Receive gifts, rents, royalties, 6 16 license fees or other moneys for deposit in the Iowa egg fund 6 17 as provided in section 196A.17. 6 18 Sec. 11. Section 196A.13, Code 1997, is amended to read as 6 19 follows: 6 20 196A.13 PROHIBITED ACTIONS. 6 21 The Iowa egg council shall not do any of the following: 6 22 1. Become a dues-paying member of any organization, 6 23 including but not limited to a firm, association, or 6 24 corporation, regardless of whether the organization is public 6 25 or private. However,upon approval by the council,the 6 26 council may become a dues-paying member of an organization 6 27 carrying out a purpose related to the increased consumption 6 28 and utilization of eggs or eggby-productsproducts. 6 29 2. Provide direct or indirect financial support to or for 6 30 the benefit of any other person, except as provided in6 31subsection 1 or for. However, the council may do any of the 6 32 following: 6 33 a. Provide support to an organization carrying out a 6 34 purpose related to the increased consumption and utilization 6 35 of eggs or egg products. 7 1 b. Execute contracts for services related toresearch,7 2promotional, or public relations programs, or for thecarrying 7 3 out the duties of the council as provided in section 196A.11. 7 4 c. Pay for administrative expenses of the council. 7 5 3. Act, directly or indirectly, in any capacity in 7 6 marketing or making contracts for the marketing of eggs or egg 7 7by-productsproducts. 7 8 4. Act, directly or indirectly, in any capacity in selling 7 9 or contracting for the selling of eggs, egg products, oregg7 10by-productequipment used in the manufacturing of egg 7 11 products. 7 12 5. a. Make any contribution of council moneys, either 7 13 directly or indirectly, to any political party or organization 7 14 or in support of a political candidate for public office, or7 15make. 7 16 b. Make payments to a political candidate including but 7 17 not limited to a member of Congress or the general assembly 7 18 for honorariums, speeches, or for any other purposes above 7 19 actual and necessary expenses. 7 20 Sec. 12. Section 196A.19, unnumbered paragraph 2, Code 7 21 1997, is amended to read as follows: 7 22 Moneys collected, deposited in the fund, and transferred to 7 23 the council as provided in this chapter are subject to audit 7 24 by the auditor of state. The moneys transferred to the 7 25 council shall be used by the council first for the payment of 7 26 collection expenses, second for payment of the costs and 7 27 expenses arising in connection with conducting referendums, 7 28 and thirdfor market developmentto carry out the duties of 7 29 the council as provided in section 196A.11. Moneys remaining 7 30 afterathe council is abolished and the imposition of an 7 31 assessment is terminated pursuant to a referendumis held when7 32a majority of the voters do not favor extending the assessment7 33 conducted pursuant to section 196A.4C shall continue to be 7 34 expended in accordance with this chapter until exhausted. 7 35 Sec. 13. TRANSFER. The Code editor shall transfer chapter 8 1 196A to or near chapter 184 and shall renumber the chapter's 8 2 sections to enhance the chapter's readability. 8 3 Sec. 14. Section 196A.25, Code 1997, is repealed. 8 4 EXPLANATION 8 5 This bill amends a number of provisions in Code chapter 8 6 196A providing for the establishment and administration of the 8 7 Iowa egg council and the assessment of an excise tax on eggs 8 8 used to support the council's activities. 8 9 Under current law, the council is required to provide for 8 10 market development which includes sponsoring research and 8 11 educational programs, and providing for public relations. 8 12 This bill eliminates these functions. The bill provides that 8 13 the council must promote the increased utilization of eggs and 8 14 egg products, health benefits associated with the consumption 8 15 of eggs or egg products, economic benefits associated with the 8 16 production and processing of eggs or egg products, and the 8 17 safe use and consumption of eggs and egg products. 8 18 Under current law, the Iowa egg council is established 8 19 pursuant to a referendum approved by a majority of the state's 8 20 egg producers. The same referendum also establishes a state 8 21 excise tax (referred to as an assessment). If approved by a 8 22 majority of voters at the referendum, an assessment amount set 8 23 by the council at not more than five cents for each 30 dozen 8 24 eggs produced in the state is imposed on producers. The 8 25 assessment is paid at the time of delivery to a purchaser who 8 26 deducts the assessment from the sales price paid to the 8 27 producer. The assessment expires every five years unless it 8 28 is continued pursuant to another referendum. The council may 8 29 be abolished and the assessment terminated if approved by a 8 30 majority of producers voting in a special referendum called by 8 31 at least 20 producers. This bill provides that at least 20 8 32 eligible voters of 50 percent of all eligible voters, 8 33 whichever is greater, must call the referendum. This bill 8 34 provides that the assessment continues indefinitely unless the 8 35 special referendum called by producers abolishes the council 9 1 and terminates the assessment. The bill provides that the 9 2 department may conduct the referendum by mail, electronic 9 3 means, or a general meeting. The bill provides that in order 9 4 to be eligible to vote in the referendum, a producer must have 9 5 paid an assessment in the year of the referendum. The bill 9 6 also eliminates the ceiling on the assessment amount 9 7 established by the council. 9 8 Current law provides for the qualifications of persons who 9 9 serve as members of the council. The council is composed of 9 10 seven members who must be producers. This bill provides that 9 11 a member must also be a resident of the state. Currently, the 9 12 council is required to appoint a committee to nominate 9 13 candidates to stand for election to the council. The 9 14 committee must be composed of five producers, including the 9 15 five producers including the chairperson of the council. The 9 16 committee must also include members of the council 9 17 representing different sized producers whose terms are next to 9 18 expire. The bill eliminates requirements relating to a 9 19 nominating committee's composition. The bill eliminates a 9 20 requirement that notice of an election must be published in a 9 21 newspaper. 9 22 Currently, the council is responsible for administering the 9 23 Iowa egg fund which includes moneys collected in assessments 9 24 which are used to support administration of the chapter, 9 25 including conducting referendums and providing for market 9 26 development. The bill provides that the council may receive 9 27 gifts, rents, royalties, license fees, or other moneys for 9 28 deposit in the fund. The bill provides that the fund may be 9 29 used to carry out the duties of the council as established in 9 30 the bill. 9 31 Currently, the council must annually prepare and submit a 9 32 report summarizing council activities to the auditor of state 9 33 and the secretary of agriculture. The report must show all 9 34 council income and expenses. The bill eliminates the 9 35 reporting requirement. 10 1 LSB 3531HV 77 10 2 da/sc/14.1
Text: HF02395 Text: HF02397 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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