Text: H01099 Text: H01101 Text: H01100 - H01199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 322 as follows: 1 2 #1. Page 1, by inserting after line 34 the 1 3 following: 1 4 "Sec. . NEW SECTION. 579A.1A PRODUCTION 1 5 CONTRACTS. 1 6 All of the following shall apply to a production 1 7 contract, including a production contract that creates 1 8 a lien under section 579A.2: 1 9 1. A provision in the production contract is void 1 10 if the provision requires that information contained 1 11 in the contract, including terms or conditions of the 1 12 contract, be confidential. This subsection does not 1 13 affect other provisions of the contract which can be 1 14 given effect without the voided provision. 1 15 2. a. The secretary of state, in cooperation with 1 16 the attorney general, shall establish a system for the 1 17 submission of information contained in production 1 18 contracts to the secretary of state by the owner of 1 19 the livestock. The livestock owner who is a party to 1 20 the production contract shall submit the contract 1 21 information to the secretary of state according to 1 22 rules adopted by the secretary of state in 1 23 consultation with the attorney general. The secretary 1 24 of state may require that the contract information be 1 25 submitted in an electronic format according to 1 26 procedures required by the secretary of state. The 1 27 secretary of state shall provide for the routine 1 28 dissemination of the contract information for public 1 29 examination. However, the secretary of state, in 1 30 cooperation with the attorney general, may designate 1 31 some contract information as a confidential record as 1 32 provided in section 22.7, including information that 1 33 identifies the names of contract feeding facility 1 34 operators, if the release of the information would 1 35 serve no public purpose. 1 36 b. The attorney general shall have access to all 1 37 contract information required to be submitted to the 1 38 secretary of state. The attorney general may provide 1 39 an analysis of contract information in order to assist 1 40 contract feeding facility operators negotiating 1 41 production contracts. The attorney general shall 1 42 assist any committee of the general assembly studying 1 43 the effects of livestock contracting practices. 1 44 3. The secretary of state, in consultation with 1 45 the attorney general, may provide by rule that the 1 46 requirements of subsection 2 do not apply to a 1 47 production contract, under any of the following 1 48 circumstances: 1 49 a. Consideration owed to the contract feeding 1 50 facility operator under all production contracts 2 1 executed by the contract feeding facility operator and 2 2 the owner of the livestock during any twelve-month 2 3 period is less than three thousand dollars. 2 4 b. The contract feeding facility operator is 2 5 related to the livestock owner as a spouse, parent, 2 6 grandparent, lineal ascendant of a grandparent or 2 7 spouse, or other lineal descendant of a grandparent or 2 8 spouse. 2 9 c. The livestock owner owns a legal interest in 2 10 the contract feeding facility. 2 11 d. The contract feeding facility operator and the 2 12 livestock owner are part of the same family farm 2 13 entity as defined in section 10.1. 2 14 e. The livestock is used for breeding. 2 15 f. The livestock is used exclusively for 2 16 research." 2 17 #2. Page 3, line 15, by inserting before the word 2 18 "While" the following: "1." 2 19 #3. Page 3, line 26, by striking the figure "1." 2 20 and inserting the following: "1.a." 2 21 #4. Page 3, line 28, by striking the figure "2." 2 22 and inserting the following: "2.b." 2 23 #5. Page 3, by inserting after line 30 the 2 24 following: 2 25 "2. The attorney general's office is the primary 2 26 agency responsible for enforcing this chapter. The 2 27 secretary of state shall notify the attorney general 2 28 if the department has reason to believe a violation of 2 29 section 597A.1A has occurred. 2 30 3. The attorney general shall institute legal 2 31 action to enforce the provisions of section 579A.1A, 2 32 including by seeking any of the following: 2 33 a. The assessment and collection of civil 2 34 penalties. 2 35 b. Injunctions brought on behalf of the state to 2 36 require compliance with this section 579A.1A. 2 37 4. A livestock owner who includes information in a 2 38 production contract in violation of section 579A.1A is 2 39 guilty of a fraudulent practice as provided in section 2 40 714.8. 2 41 5. A livestock owner failing to submit contract 2 42 information as required by section 579A.1 is subject 2 43 to a civil penalty not to exceed one thousand dollars 2 44 for each day that timely or complete contract 2 45 information is not submitted." 2 46 #6. Page 3, by inserting after line 34 the 2 47 following: 2 48 "Sec. . Section 714.8, Code 1999, is amended by 2 49 adding the following new subsection: 2 50 NEW SUBSECTION. 17. A livestock owner who 3 1 includes a confidentiality provision in a production 3 2 contract in violation of section 579A.1A." 3 3 3 4 3 5 3 6 FREVERT of Palo Alto 3 7 3 8 3 9 3 10 SCHRADER of Marion 3 11 3 12 3 13 3 14 SHOULTZ of Black Hawk 3 15 3 16 3 17 3 18 SCHERRMAN of Dubuque 3 19 3 20 3 21 3 22 DREES of Carroll 3 23 3 24 3 25 3 26 WEIGEL of Chickasaw 3 27 3 28 3 29 3 30 MURPHY of Dubuque 3 31 3 32 3 33 3 34 MUNDIE of Webster 3 35 3 36 3 37 3 38 MAY of Worth 3 39 3 40 3 41 3 42 FALCK of Fayette 3 43 3 44 3 45 3 46 MERTZ of Kossuth 3 47 3 48 3 49 3 50 KUHN of Floyd 4 1 4 2 4 3 4 4 PARMENTER of Story 4 5 4 6 4 7 4 8 THOMAS of Clayton 4 9 HF 322.201 78 4 10 da/sc
Text: H01099 Text: H01101 Text: H01100 - H01199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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