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Senate File 2340

Partial Bill History

Bill Text

PAG LIN
  1  1                                            SENATE FILE 2340
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE IOWA EGG COUNCIL AND TO AN ASSESSMENT ON THE
  1  5    SALE OF EGGS FOR SUPPORT OF THE COUNCIL.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  8 
  1  9    Section 1.  Section 196A.1, subsections 3 and 5, Code 1997,
  1 10 are amended to read as follows:
  1 11    3.  "Egg by-product product" means a product produced in
  1 12 whole or in part from eggs or spent fowl.
  1 13    5.  "Market development" means research and educational
  1 14 programs which are directed toward any of the following:
  1 15    a.  Better and more efficient production, marketing, and
  1 16 utilization of eggs or egg by-products produced for resale
  1 17 products.
  1 18    b.  Better methods, including, but not limited to, public
  1 19 relations and other promotion techniques, for the The
  1 20 maintenance of present markets and for the development of new
  1 21 or larger domestic or foreign markets and for the sale of eggs
  1 22 or egg by-products products.
  1 23    c.  Prevention, modification, or elimination of trade
  1 24 barriers which obstruct the free flow of eggs or egg by-
  1 25 products to market products in commerce.
  1 26    Sec. 2.  Section 196A.1, Code 1997, is amended by adding
  1 27 the following new subsection:
  1 28    NEW SUBSECTION.  4A.  "Eligible voter" means a producer who
  1 29 is qualified to vote in a referendum conducted under this
  1 30 chapter according to the requirements of section 196A.4 or
  1 31 196A.4A.
  1 32    Sec. 3.  Section 196A.4, subsection 3, Code 1997, is
  1 33 amended to read as follows:
  1 34    3.  a.  Each producer who signs a statement certifying that
  1 35 the producer is a bona fide producer shall be an eligible
  2  1 voter under this section.  An eligible voter is entitled to
  2  2 cast one vote in each referendum conducted under this section.
  2  3    b.  At the close of the referendum, the secretary shall
  2  4 count and tabulate the ballots cast.
  2  5    (1)  If a majority of eligible voters favor approve
  2  6 establishing an Iowa egg council and imposing an assessment, a
  2  7 council shall be established, and an assessment shall be
  2  8 imposed commencing not more than sixty days following the
  2  9 referendum as determined by the council and shall continue for
  2 10 a period of five years unless extended as provided in section
  2 11 196A.4C until eligible voters voting in a referendum held
  2 12 pursuant to section 196A.4C vote to abolish the council and
  2 13 terminate the imposition of the assessment.
  2 14    (2)  If a majority of the voters do not favor approve
  2 15 establishing the council and imposing the assessment, the
  2 16 council shall not be established and an assessment shall not
  2 17 be imposed until another referendum is held under this chapter
  2 18 and a majority of the eligible voters approve establishing a
  2 19 council and imposing the assessment.  If a referendum should
  2 20 fail, another referendum shall not be held within one hundred
  2 21 eighty days.
  2 22    Sec. 4.  Section 196A.4A, unnumbered paragraph 1, Code
  2 23 1997, is amended to read as follows:
  2 24    If approved by a majority of voters at a referendum as
  2 25 provided in this chapter, an The council shall establish an
  2 26 assessment amount set by the council at not more than five
  2 27 cents for each thirty dozen eggs produced in this state.  The
  2 28 assessment shall be imposed on the a producer at the time of
  2 29 delivery to a purchaser who will shall deduct the assessment
  2 30 from the price paid to the a producer at the time of sale.
  2 31 The assessment shall not be refundable.  The assessment is due
  2 32 to be paid to the council within thirty days following each
  2 33 calendar quarter, as provided by the council.
  2 34    Sec. 5.  Section 196A.4C, Code 1997, is amended to read as
  2 35 follows:
  3  1    196A.4C  REFERENDUMS CONDUCTED DURING THE TENURE OF TO
  3  2 ABOLISH THE COUNCIL AND TERMINATE IMPOSITION OF THE
  3  3 ASSESSMENT.
  3  4    1.  A referendum shall be conducted as follows: may be
  3  5 called to abolish the council and terminate the imposition of
  3  6 the assessment.
  3  7    a.  A referendum to extend the imposition of the assessment
  3  8 imposed pursuant to section 196A.4 shall be held every five
  3  9 years in the year prior to the expiration of the assessment in
  3 10 force.
  3 11    b.  The secretary shall call, and the department shall
  3 12 conduct, a the referendum upon the department's receipt of a
  3 13 petition which is signed by at least twenty producers
  3 14 requesting a referendum to determine whether to terminate the
  3 15 council and the imposition of the assessment the referendum.
  3 16 The petition must be signed by at least twenty eligible voters
  3 17 or fifty percent of all eligible voters whichever is greater.
  3 18 In order to be an eligible voter under this section, a
  3 19 producer must have paid an assessment in the year of the
  3 20 referendum.  The referendum shall be conducted within sixty
  3 21 days following receipt of the petition.  The petitioners shall
  3 22 guarantee payment of the cost of the referendum by providing
  3 23 evidence of financial security as required by the department.
  3 24    2.  The following procedures shall apply to a referendum
  3 25 conducted pursuant to this section:
  3 26    a.  The department shall give publish a notice of the
  3 27 referendum on the question whether to continue the council and
  3 28 the assessment by publishing the notice for a period of not
  3 29 less than five days in at least one newspaper of general
  3 30 circulation in the state.  The notice shall state the voting
  3 31 places, period of time for voting, and other information
  3 32 deemed necessary by the department.  A referendum shall not be
  3 33 commenced until five days after the last date of publication.
  3 34    b.  Upon signing a statement certifying to the secretary
  3 35 that a person the producer is a bona fide producer an eligible
  4  1 voter, the person a producer is entitled to one vote in each
  4  2 referendum conducted pursuant to this section.  The department
  4  3 may conduct the referendum by mail, electronic means, or a
  4  4 general meeting of eligible voters.  The department shall
  4  5 conduct the referendum and count and tabulate the ballots
  4  6 filed during the referendum within thirty days following the
  4  7 close of the referendum.
  4  8    (1)  If a majority of the total number of producers voting
  4  9 eligible voters who vote in the referendum approves approve
  4 10 the continuation of the council and the imposition of the
  4 11 assessment as provided in the referendum, the council shall
  4 12 remain in existence and the imposition of the assessment shall
  4 13 be levied continue as provided in this chapter.
  4 14    (2)  If a majority of the total number of producers voting
  4 15 eligible voters who vote in the referendum held pursuant to
  4 16 this section do not approve continuing the council and the
  4 17 imposition of the assessment as provided in the referendum,
  4 18 the secretary shall terminate the collection of the assessment
  4 19 on the first day of the year for which the referendum was to
  4 20 continue.  The secretary shall terminate the activities of the
  4 21 council in an orderly manner as soon as practicable after the
  4 22 determination.  An additional referendum may be held as
  4 23 provided in section 196A.4.  However, the subsequent
  4 24 referendum shall not be held within one hundred eighty days.
  4 25    Sec. 6.  Section 196A.5, unnumbered paragraph 1, Code 1997,
  4 26 is amended to read as follows:
  4 27    The Iowa egg council established under this chapter shall
  4 28 be composed of seven producers members.  Each council member
  4 29 must be a natural person who is a resident of this state and a
  4 30 producer or an officer, equity owner, or employee of a
  4 31 producer.  A producer shall not be represented more than once
  4 32 on the council.  Two persons shall represent large producers,
  4 33 two persons shall represent medium producers, and three
  4 34 persons shall represent small producers.  The council shall
  4 35 adopt rules pursuant to chapter 17A establishing
  5  1 classifications for large, medium, and small producers.  The
  5  2 following persons or their designees shall serve as ex officio
  5  3 nonvoting members:
  5  4    Sec. 7.  Section 196A.5B, subsections 1 and 3, Code 1997,
  5  5 are amended to read as follows:
  5  6    1.  The council shall appoint a committee to nominate
  5  7 candidates to stand for election to the council.  The council
  5  8 may require that the committee nominate candidates to be
  5  9 appointed by the council to fill a vacancy in a position for
  5 10 the unexpired term of a member.  The committee shall be
  5 11 comprised of five producers, including the chairperson of the
  5 12 council who shall serve as the chairperson of the nominating
  5 13 committee.  The nominating committee shall include at least
  5 14 one member of the council whose term is next to expire.  The
  5 15 committee shall also include at least one producer who is
  5 16 classified as a large producer, if a member whose term is to
  5 17 expire represents large producers; at least one producer who
  5 18 is classified as a medium producer, if a member whose term is
  5 19 to expire represents medium producers; and at least one
  5 20 producer who is classified as a small producer, if a member
  5 21 whose term is to expire represents small producers.
  5 22    3.  A The council shall provide a notice of an election for
  5 23 members of the council shall be provided by the council by
  5 24 publication in a newspaper of general circulation in the state
  5 25 and in any other reasonable manner required by the council by
  5 26 any means deemed reasonable by the council.  The notice shall
  5 27 include the period of time for voting, voting places, and any
  5 28 other information determined necessary by the council.
  5 29    Sec. 8.  Section 196A.11, Code 1997, is amended to read as
  5 30 follows:
  5 31    196A.11  DUTIES OF COUNCIL.
  5 32    The Iowa egg council shall do all of the following:
  5 33    1.  Provide methods, including, but not limited to public
  5 34 relations and other promotion techniques, for the maintenance
  5 35 of present markets.  However, the council shall not impose any
  6  1 marketing order or similar restriction.  Promote all of the
  6  2 following:
  6  3    a.  The increased utilization of eggs and egg products.
  6  4    b.  Health benefits associated with the consumption of eggs
  6  5 or egg products.
  6  6    c.  Economic benefits associated with the production and
  6  7 processing of eggs or egg products.
  6  8    d.  The safe use and consumption of eggs and egg products.
  6  9    2.  Assist in other Provide for market development.
  6 10    3.  Administer elections for members of the council and
  6 11 provide for the appointment of persons to fill vacancies
  6 12 occurring on the council, as provided in section 196A.5B.  The
  6 13 department may assist the council in administering an
  6 14 election, upon request to the secretary by the council.
  6 15    4.  Perform all acts necessary any other function the
  6 16 council deems necessary to effectuate carry out the provisions
  6 17 of this chapter.
  6 18    Sec. 9.  Section 196A.12, unnumbered paragraph 1, Code
  6 19 1997, is amended to read as follows:
  6 20    The Iowa egg council may do all of the following:
  6 21    Sec. 10.  Section 196A.12, Code 1997, is amended by adding
  6 22 the following new subsection:
  6 23    NEW SUBSECTION.  5.  Receive gifts, rents, royalties,
  6 24 license fees or other moneys for deposit in the Iowa egg fund
  6 25 as provided in section 196A.17.
  6 26    Sec. 11.  Section 196A.13, Code 1997, is amended to read as
  6 27 follows:
  6 28    196A.13  PROHIBITED ACTIONS.
  6 29    The Iowa egg council shall not do any of the following:
  6 30    1.  Become a dues-paying member of any organization,
  6 31 including but not limited to a firm, association, or
  6 32 corporation, regardless of whether the organization is public
  6 33 or private.  However, upon approval by the council, the
  6 34 council may become a dues-paying member of an organization
  6 35 carrying out a purpose related to the increased consumption
  7  1 and utilization of eggs or egg by-products products.
  7  2    2.  Provide direct or indirect financial support to or for
  7  3 the benefit of any other person, except as provided in
  7  4 subsection 1 or for.  However, the council may do any of the
  7  5 following:
  7  6    a.  Provide support to an organization carrying out a
  7  7 purpose related to the increased consumption and utilization
  7  8 of eggs or egg products.
  7  9    b.  Execute contracts for services related to research,
  7 10 promotional, or public relations programs, or for the carrying
  7 11 out the duties of the council as provided in section 196A.11.
  7 12    c.  Pay for administrative expenses of the council.
  7 13    3.  Act, directly or indirectly, in any capacity in
  7 14 marketing or making contracts for the marketing of eggs or egg
  7 15 by-products products.
  7 16    4.  Act, directly or indirectly, in any capacity in selling
  7 17 or contracting for the selling of eggs, egg products, or egg
  7 18 by-product equipment used in the manufacturing of egg
  7 19 products.
  7 20    5.  a.  Make any contribution of council moneys, either
  7 21 directly or indirectly, to any political party or organization
  7 22 or in support of a political candidate for public office, or
  7 23 make.
  7 24    b.  Make payments to a political candidate including but
  7 25 not limited to a member of Congress or the general assembly
  7 26 for honorariums, speeches, or for any other purposes above
  7 27 actual and necessary expenses.
  7 28    Sec. 12.  Section 196A.19, unnumbered paragraph 2, Code
  7 29 1997, is amended to read as follows:
  7 30    Moneys collected, deposited in the fund, and transferred to
  7 31 the council as provided in this chapter are subject to audit
  7 32 by the auditor of state.  The moneys transferred to the
  7 33 council shall be used by the council first for the payment of
  7 34 collection expenses, second for payment of the costs and
  7 35 expenses arising in connection with conducting referendums,
  8  1 and third for market development to carry out the duties of
  8  2 the council as provided in section 196A.11.  Moneys remaining
  8  3 after a the council is abolished and the imposition of an
  8  4 assessment is terminated pursuant to a referendum is held when
  8  5 a majority of the voters do not favor extending the assessment
  8  6 conducted pursuant to section 196A.4C shall continue to be
  8  7 expended in accordance with this chapter until exhausted.
  8  8    Sec. 13.  TRANSFER.  The Code editor shall transfer chapter
  8  9 196A to or near chapter 184 and shall renumber the chapter's
  8 10 sections to enhance the chapter's readability.
  8 11    Sec. 14.  Section 196A.25, Code 1997, is repealed.  
  8 12 
  8 13 
  8 14                                                             
  8 15                               MARY E. KRAMER
  8 16                               President of the Senate
  8 17 
  8 18 
  8 19                                                             
  8 20                               RON J. CORBETT
  8 21                               Speaker of the House
  8 22 
  8 23    I hereby certify that this bill originated in the Senate and
  8 24 is known as Senate File 2340, Seventy-seventh General Assembly.
  8 25 
  8 26 
  8 27                                                             
  8 28                               MARY PAT GUNDERSON
  8 29                               Secretary of the Senate
  8 30 Approved                , 1998
  8 31 
  8 32 
  8 33                         
  8 34 TERRY E. BRANSTAD
  8 35 Governor
     

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