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Senate Study Bill 225

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 181.11, unnumbered paragraph 1, Code 1997,
  1 13 is amended to read as follows:
  1 14    Upon determination by the secretary of agriculture that
  1 15 assent to assessment has been given, there shall be assessed
  1 16 and levied an excise tax of ten cents per head on all beef
  1 17 cattle and five cents per head on all veal calves sold for
  1 18 slaughter.  The tax shall be due at or before the time animals
  1 19 are first sold for purposes of slaughter, and shall be paid at
  1 20 a time the council executive committee may, by rule or
  1 21 regulation, prescribe, but not later than the last day of the
  1 22 month following the end of the prior reporting period in which
  1 23 animals are sold.
  1 24    Sec. 4.  Section 181.13, unnumbered paragraph 1, Code 1997,
  1 25 is amended to read as follows:
  1 26    All excise taxes imposed and levied under this chapter
  1 27 shall be paid to and collected by the executive committee and
  1 28 deposited with the treasurer of state in a separate cattle and
  1 29 veal calf fund which shall be created by the treasurer of
  1 30 state.  The department of revenue and finance shall transfer
  1 31 moneys from the fund to the executive committee for deposit
  1 32 into an account established by the executive committee in a
  1 33 qualified financial institution.  The department shall
  1 34 transfer the moneys as provided in a resolution adopted by the
  1 35 executive committee.  However, the department is only required
  2  1 to transfer moneys once during each day and only during hours
  2  2 when the offices of the state are open.  From the moneys
  2  3 collected, deposited, and transferred to the executive
  2  4 committee, in accordance with the provisions of this chapter,
  2  5 the executive committee shall first pay the costs of
  2  6 referendums held pursuant to this chapter, the costs of
  2  7 collection of such excise tax, the expenses of its agents and
  2  8 expenses of officers provided for in section 181.5.  Except as
  2  9 otherwise provided in section 181.19, at least thirty percent
  2 10 of the remaining moneys shall be remitted to the national
  2 11 livestock and meat board and the beef industry council, and at
  2 12 least ten percent of the remaining funds shall be remitted to
  2 13 the Iowa beef cattle producers association in proportions
  2 14 determined by the executive committee, for use in a manner not
  2 15 inconsistent with section 181.7.  The remaining moneys, with
  2 16 approval of a majority of the executive committee, shall be
  2 17 expended as the executive committee finds necessary to carry
  2 18 out the provisions and purposes of this chapter.  However, in
  2 19 no event shall the total expenses exceed the total amount
  2 20 transferred from the fund for use by the executive committee.
  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, unnumbered paragraphs 1 and 4,
  2 33 Code 1997, are amended to read as follows:
  2 34    The secretary shall, upon the petition of five hundred
  2 35 producers, conduct an initial a referendum to determine
  3  1 whether an excise tax shall be collected, at a rate
  3  2 established by the executive committee, of not to exceed fifty
  3  3 cents one dollar per head on all beef cattle and veal calves
  3  4 sold for any purpose including, but not limited to, slaughter
  3  5 and not to exceed thirty-five cents per head on all veal
  3  6 calves sold for slaughter and on all sales of beef cattle for
  3  7 any other purpose.
  3  8    On the date of the effective period for the collection of
  3  9 the excise tax provided for in this section, any excise tax
  3 10 being assessed and levied under this section or section 181.11
  3 11 shall terminate during any period for which any excise tax
  3 12 provided for in this section shall be is in effect.  The
  3 13 provisions of sections 181.12, 181.13, 181.14, 181.15, and
  3 14 181.16 shall also be applicable to the tax provided for in
  3 15 this section, as nearly as may be.  Notwithstanding the
  3 16 provisions in section 181.13 to the contrary, at least fifteen
  3 17 percent of the funds collected from an excise tax assessed and
  3 18 levied under the provisions of this section shall be remitted
  3 19 to the national livestock and meat board and the beef industry
  3 20 council thereof, after first paying the costs and expenses
  3 21 referred to in section 181.13.
  3 22    Sec. 7.  DIRECTIONS TO CODE EDITOR.  The Iowa Code editor
  3 23 shall transfer section 181.6 and recodify it as section 181.1
  3 24 and renumber subsequent sections in chapter 181 and correct
  3 25 internal references as necessary.  
  3 26                           EXPLANATION
  3 27    This bill amends Code chapter 181, which provides for the
  3 28 establishment and operation of the Iowa beef cattle producers
  3 29 association.  Code chapter 181 refers to the Iowa beef
  3 30 industry council.  This bill removes references to the council
  3 31 and provides for the election of the executive committee of
  3 32 the Iowa beef cattle producers association by nonmembers in
  3 33 the same manner required for voting by members.
  3 34    Code chapter 181 authorizes the secretary of agriculture,
  3 35 upon petition, to conduct a referendum to determine whether a
  4  1 checkoff shall be collected on the sale of beef cattle at a
  4  2 rate established by the executive committee.  The bill
  4  3 increases the top rate from 50 cents to $1 that may be
  4  4 assessed against beef cattle and from 35 cents to $1 that may
  4  5 be assessed against veal calves.  The bill provides for the
  4  6 distribution of the moneys raised by the checkoff.  Current
  4  7 law provides that a percentage of the moneys is remitted to
  4  8 the national livestock and meat board and to the beef industry
  4  9 council.  The bill eliminates that distribution.  
  4 10 LSB 2676SC 77
  4 11 da/jw/5
     

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