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Senate File 502

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 181.3, subsection 1, unnumbered
  1  2 paragraph 1, Code 1997, is amended to read as follows:
  1  3    An executive committee of the Iowa beef cattle producers
  1  4 association is created.  The executive committee may also be
  1  5 known as the Iowa beef industry council.  The executive
  1  6 committee consists of eight members as follows:
  1  7    Sec. 2.  Section 181.6, subsection 1, Code 1997, is amended
  1  8 to read as follows:
  1  9    1.  "Executive committee" means the executive committee
  1 10 created in section 181.3, which is also known as the Iowa beef
  1 11 industry council.
  1 12    Sec. 3.  Section 181.13, unnumbered paragraph 1, Code 1997,
  1 13 is amended to read as follows:
  1 14    All excise taxes imposed and levied under this chapter
  1 15 shall be paid to and collected by the executive committee and
  1 16 deposited with the treasurer of state in a separate cattle and
  1 17 veal calf fund which shall be created by the treasurer of
  1 18 state.  The department of revenue and finance shall transfer
  1 19 moneys from the fund to the executive committee for deposit
  1 20 into an account established by the executive committee in a
  1 21 qualified financial institution.  The department shall
  1 22 transfer the moneys as provided in a resolution adopted by the
  1 23 executive committee.  However, the department is only required
  1 24 to transfer moneys once during each day and only during hours
  1 25 when the offices of the state are open.  From the moneys
  1 26 collected, deposited, and transferred to the executive
  1 27 committee, in accordance with the provisions of this chapter,
  1 28 the executive committee shall first pay the costs of
  1 29 referendums held pursuant to this chapter, the costs of
  1 30 collection of such excise tax, the expenses of its agents and
  1 31 expenses of officers provided for in section 181.5.  Except as
  1 32 otherwise provided in section 181.19, at least thirty percent
  1 33 of the remaining moneys shall be remitted to the national
  1 34 livestock and meat board and the beef industry council, and at
  1 35 least ten percent of the remaining funds shall be remitted to
  2  1 the Iowa beef cattle producers association in proportions
  2  2 determined by the executive committee, for use in a manner not
  2  3 inconsistent with section 181.7.  The remaining moneys, with
  2  4 approval of a majority of the executive committee, shall be
  2  5 expended as the executive committee finds necessary to carry
  2  6 out the provisions and purposes of this chapter.  However, in
  2  7 no event shall the total expenses exceed the total amount
  2  8 transferred from the fund for use by the executive committee.
  2  9    Sec. 4.  Section 181.14, Code 1997, is amended to read as
  2 10 follows:
  2 11    181.14  NOTICE.
  2 12    Notice of any such referendum shall be given by the
  2 13 secretary by publishing the same for a period of not less than
  2 14 five days in a newspaper of general circulation in the state
  2 15 and in such other newspapers as the secretary may prescribe.
  2 16 The notice of referendum shall set forth the period for voting
  2 17 and the voting places for the referendum and the amount of the
  2 18 deduction pursuant to section 181.11.  No referendum shall be
  2 19 commenced prior to five days after the last day of such period
  2 20 of publication.
  2 21    Sec. 5.  Section 181.17, Code 1997, is amended to read as
  2 22 follows:
  2 23    181.17  PRODUCERS NOT MEMBERS.
  2 24    Every A producer, even though who is not a member thereof,
  2 25 of the Iowa beef cattle producers association shall be
  2 26 entitled to vote in elections of persons to be directors of
  2 27 the Iowa beef cattle producers association members of the
  2 28 executive committee in the same manner as if the producer were
  2 29 a member.  Directors thus The members elected, to the
  2 30 executive committee shall elect from their number the officers
  2 31 referred to in section 181.1.
  2 32    Sec. 6.  Section 181.19, Code 1997, is amended by adding
  2 33 the following new unnumbered paragraph after unnumbered
  2 34 paragraph 1:
  2 35    NEW UNNUMBERED PARAGRAPH.  The secretary shall, upon the
  3  1 petition of five hundred producers, conduct a special
  3  2 referendum to determine whether an excise tax already
  3  3 collected shall be increased to a rate, established by the
  3  4 executive committee, not to exceed one dollar per head on all
  3  5 beef cattle and veal calves sold for any purpose.
  3  6    Sec. 7.  Section 181.19, unnumbered paragraphs 2, 4, and 5,
  3  7 Code 1997, are amended to read as follows:
  3  8    The initial referendum and subsequent referendums for
  3  9 extension of such excise tax referenda shall be conducted
  3 10 under the provisions of sections 181.9 and 181.10, as nearly
  3 11 as may be is possible.  Upon determination by the secretary
  3 12 that assent to the assessment has been given, there shall be
  3 13 assessed and levied an excise tax on each sale in the amount
  3 14 provided in this section.  The tax shall be due at or before
  3 15 the time the animals are sold and shall be paid at a time
  3 16 prescribed by the council, but not later than the last day of
  3 17 the month following the end of the prior reporting period in
  3 18 which the animals are sold.
  3 19    On the date of the effective period for the collection date
  3 20 of the an excise tax which is larger than provided for in this
  3 21 section, any lesser excise tax being assessed and levied under
  3 22 section 181.11 shall terminate during any period for which any
  3 23 excise tax provided for in this section shall be in effect.
  3 24 However, if a special referendum to increase the excise tax
  3 25 should fail, it shall not affect the existence or length of
  3 26 the assessment in effect on the date that the special
  3 27 referendum is conducted.  The provisions of sections 181.12,
  3 28 181.13, 181.14, 181.15 and 181.16 shall also be applicable to
  3 29 the tax provided for in this section, as nearly as may be is
  3 30 possible.  Notwithstanding the provisions in section 181.13 to
  3 31 the contrary, at least fifteen percent of the funds collected
  3 32 from an excise tax assessed and levied under the provisions of
  3 33 this section shall be remitted to the national livestock and
  3 34 meat board and the beef industry council thereof, after first
  3 35 paying the costs and expenses referred to in section 181.13.
  4  1    An assessment adopted following the initial by referendum
  4  2 shall be effective for four years from its effective date and
  4  3 shall be either extended or terminated as provided in this
  4  4 section.
  4  5    Sec. 8.  Section 181.11, Code 1997, is repealed.
  4  6    Sec. 9.  DIRECTIONS TO CODE EDITOR.  The Iowa Code editor
  4  7 shall transfer section 181.6 and recodify it as section 181.1
  4  8 and renumber subsequent sections in chapter 181 and correct
  4  9 internal references as necessary.  
  4 10                           EXPLANATION
  4 11    This bill amends Code chapter 181, which provides for the
  4 12 establishment and operation of the Iowa beef cattle producers
  4 13 association.  Code chapter 181 refers to the Iowa beef
  4 14 industry council.  This bill removes references to the council
  4 15 and provides for the election of the executive committee of
  4 16 the Iowa beef cattle producers association by nonmembers in
  4 17 the same manner required for voting by members.
  4 18    Code chapter 181 authorizes the secretary of agriculture,
  4 19 upon petition, to conduct a referendum to determine whether a
  4 20 checkoff shall be collected on the sale of beef cattle and
  4 21 veal calves.  The top rate under the assessment is 50 cents
  4 22 for beef cattle and 35 cents for veal calves.  The bill
  4 23 provides for a special referendum for the assessment of up to
  4 24 $1 on beef cattle and veal calves.  The bill provides for the
  4 25 distribution of the moneys raised by the checkoff.  Current
  4 26 law provides that a percentage of the moneys is remitted to
  4 27 the national livestock and meat board and to the beef industry
  4 28 council.  The bill eliminates that distribution.  The bill
  4 29 eliminates a provision establishing an assessment which is no
  4 30 longer applicable.  
  4 31 LSB 2676SV 77
  4 32 da/jw/5
     
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