Text: H01267 Text: H01269 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 720 as follows: 1 2 #1. Page 1, by inserting before line 1 the 1 3 following: 1 4 "Section 1. Section 22.7, Code 1999, is amended by 1 5 adding the following new subsection: 1 6 NEW SUBSECTION. 38. Information revealing the 1 7 name of a person who sells livestock to a packer as 1 8 reported to the department of agriculture and land 1 9 stewardship pursuant to section 172C.2." 1 10 #2. Page 1, by inserting after line 1 the 1 11 following: 1 12 " . "Department" means the department of 1 13 agriculture and land stewardship." 1 14 #3. By striking page 1, line 13, through page 3, 1 15 line 18, and inserting the following: 1 16 "Sec. . NEW SECTION. 172C.2 PURCHASE REPORTS. 1 17 1. A packer shall file purchase reports which 1 18 include information relating to the purchase of 1 19 livestock as required by the department. The reports 1 20 shall be completed in the manner prescribed by the 1 21 department. The department may require that purchase 1 22 reports be filed in an electronic format. Rules 1 23 adopted by the department may provide that the 1 24 information contained in a purchase report include 1 25 volume of daily purchases, and the weight, grade, and 1 26 price paid for livestock, including all premiums, 1 27 discounts, or adjustments. If the livestock are 1 28 purchased pursuant to contract, the department may 1 29 require that information in the purchase report be 1 30 categorized by the type of contract, which may include 1 31 contracts commonly referred to as formula contracts, 1 32 risk managed contracts, ledger contracts, or cash 1 33 contracts. The purchase reports shall allow the 1 34 department to compare prices paid under contract with 1 35 cash market prices. A purchase report required under 1 36 this section shall at least include information for 1 37 all of the following: 1 38 a. Livestock purchased or committed to delivery on 1 39 the business day previous to the date that the report 1 40 is filed. 1 41 b. Livestock slaughtered on the two business days 1 42 previous to the date that the report is filed, or 1 43 earlier, if required by the department. 1 44 2. The department may enter into an agreement with 1 45 the United States department of agriculture or any 1 46 private marketing service in order to disseminate 1 47 information contained in purchase reports filed under 1 48 this section. 1 49 3. The department, in consultation with the office 1 50 of attorney general, shall designate information in 2 1 purchase reports that reveals the name of a livestock 2 2 seller as confidential pursuant to section 22.7. 2 3 Sec. . NEW SECTION. 172C.3 PURCHASE NOTICE. 2 4 A packer shall post a purchase notice which 2 5 includes information relating to the purchase of 2 6 livestock as required by the department. Rules 2 7 adopted by the department may provide that the 2 8 information contained in the posted notice include a 2 9 summary of information required to be filed in 2 10 purchase reports as provided in section 172C.2. The 2 11 information in the purchase notice shall appear in a 2 12 format that can be immediately understood by a 2 13 reasonable person familiar with selling livestock. 2 14 The notice shall be posted in a conspicuous place at 2 15 the point of delivery in a manner as prescribed by the 2 16 department. The packer shall communicate the 2 17 information contained in the purchase notice by 2 18 electronic means, including telephone upon request by 2 19 a livestock seller. 2 20 Sec. . NEW SECTION. 172C.4 CONFIDENTIALITY 2 21 PROHIBITED. 2 22 1. On and after the effective date of this Act, a 2 23 packer shall not include a provision in a contract for 2 24 the purchase of livestock providing that information 2 25 contained in the contract is confidential. 2 26 2. A provision which is part of a contract for the 2 27 purchase of livestock executed after the effective 2 28 date of this Act for the purchase of livestock is 2 29 void, if the provision states that information 2 30 contained in the contract is confidential. The 2 31 provision is void regardless of whether the 2 32 confidentiality provision is express or implied; oral 2 33 or written; required or conditional; contained in the 2 34 contract, another contract, or in a related document, 2 35 policy, or agreement. This section does not affect 2 36 other provisions of a contract or a related document, 2 37 policy, or agreement which can be given effect without 2 38 the voided provision. This section does not require 2 39 either party to the contract to divulge the 2 40 information in the contract to another person. 2 41 Sec. . NEW SECTION. 172C.5 RULES. 2 42 The department, in consultation with the office of 2 43 attorney general, shall adopt rules necessary in order 2 44 to administer this chapter. The department may 2 45 establish different rules according to the species of 2 46 livestock subject to purchase reporting pursuant to 2 47 section 172C.2 or a purchase notice pursuant to 2 48 section 172C.3. 2 49 Sec. . NEW SECTION. 172C.6 ENFORCEMENT. 2 50 1. The attorney general's office is the primary 3 1 agency responsible for enforcing this chapter. The 3 2 department shall notify the attorney general's office 3 3 if the department has reason to believe that a 3 4 violation of section 172C.4 has occurred. 3 5 2. In enforcing the provisions of this chapter, 3 6 the attorney general may do all of the following: 3 7 a. Apply to the district court for an injunction 3 8 to do any of the following: 3 9 (1) Restrain a packer from engaging in conduct or 3 10 practices in violation of this chapter. 3 11 (2) Require a packer to comply with a provision of 3 12 this chapter. 3 13 b. Apply to district court for the issuance of a 3 14 subpoena to obtain contracts, documents, or other 3 15 records for purposes of enforcing this chapter. 3 16 c. Bring an action in district court to enforce 3 17 penalties provided in this chapter, including the 3 18 assessment and collection of civil penalties. 3 19 3. The attorney general shall have access to all 3 20 information reported by packers pursuant to section 3 21 172C.2, regardless of whether the information is 3 22 confidential. The attorney general may use the 3 23 information in order to enforce this chapter or submit 3 24 the information to a federal agency in a legal action 3 25 against a packer. 3 26 Sec. . NEW SECTION. 172C.7 PENALTIES. 3 27 1. A packer who fails to file a timely, accurate, 3 28 or complete purchase report as required pursuant to 3 29 section 172C.2 is subject to a civil penalty of not 3 30 more than five thousand dollars. 3 31 2. A packer who fails to post a timely, accurate, 3 32 or complete purchase notice or communicate information 3 33 contained in the purchase notice to a livestock seller 3 34 upon request as required pursuant to section 172C.3 is 3 35 subject to a civil penalty of not more than one 3 36 thousand dollars. 3 37 3. A packer who includes a confidentiality 3 38 provision in a contract with a livestock seller in 3 39 violation of section 172C.4 is guilty of a fraudulent 3 40 practice as provided in section 714.8. 3 41 Sec. . Section 714.8, Code 1999, is amended by 3 42 adding the following new subsection: 3 43 NEW SUBSECTION. 17. A packer who includes a 3 44 confidentiality provision in a contract with a 3 45 livestock seller in violation of section 172C.3. 3 46 Sec. . APPLICABILITY. A packer shall provide 3 47 purchasing reports to the department of agriculture 3 48 and land stewardship as required in section 172C.2 and 3 49 shall post a purchase notice and communicate 3 50 information contained in the purchase notice to 4 1 livestock sellers as provided in section 172C.3, as 4 2 enacted in this Act, for each species of livestock as 4 3 defined in section 172C.1, as enacted in this Act, 4 4 upon adoption of rules governing that species by the 4 5 department. 4 6 Sec. . EFFECTIVE DATE. 4 7 This Act takes effect on March 1, 2000." 4 8 #4. Title page, line 2, by striking the words "by 4 9 prohibiting price discrimination,". 4 10 #5. Title page, by striking line 4 and inserting 4 11 the following: "penalties, and providing an effective 4 12 date." 4 13 4 14 4 15 4 16 KLEMME of Plymouth 4 17 HF 720.701 78 4 18 da/sc
Text: H01267 Text: H01269 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Mar 3 13:35:02 CST 2000
URL: /DOCS/GA/78GA/Legislation/H/01200/H01268/000303.html
jhf