Text: H01684 Text: H01686 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 436, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 1, line 6, by striking the figure
1 4 "172C.2" and inserting the following: "172C.3".
1 5 #2. Page 1, by inserting after line 20 the
1 6 following:
1 7 "Sec. . NEW SECTION. 172C.2 PRICE
1 8 DISCRIMINATION – PROHIBITION.
1 9 1. Except as provided in subsection 2, a packer
1 10 purchasing or soliciting livestock or executing a
1 11 contract for the purchase of livestock shall not
1 12 discriminate in the price paid or offered to be paid
1 13 to sellers of that livestock.
1 14 2. Subsection 1 shall not apply if all of the
1 15 following requirements are met:
1 16 a. The price difference is based on criteria
1 17 established by rules adopted by the department in
1 18 consultation with the office of attorney general. The
1 19 rules shall permit differential pricing based on any
1 20 of the following:
1 21 (1) Carcass merit, including the quality of the
1 22 carcass and premium characteristics associated with
1 23 the livestock which may include its breed.
1 24 (2) Actual and quantifiable costs related to
1 25 transporting and acquiring of the livestock by the
1 26 packer.
1 27 (3) An agreement for the delivery of livestock at
1 28 a specified date or time. The specified date or time
1 29 must occur during a period in which the supply of
1 30 livestock cannot meet existing slaughter capacity.
1 31 b. After making a differential payment to a
1 32 seller, the packer publishes information relating to
1 33 the differential pricing as provided in paragraph "a",
1 34 and that the packer offers to purchase livestock or
1 35 execute a contract for the purchase of livestock
1 36 according to the same terms and conditions offered to
1 37 other sellers under a differential pricing
1 38 arrangement.
1 39 3. A packer shall provide all sellers with the
1 40 same terms and conditions offered to a seller who
1 41 receives a differential price based on any of the
1 42 criteria described in subsection 2, paragraph "a".
1 43 4. An agreement made by a packer in violation of
1 44 this section is voidable by the seller of the
1 45 livestock.
1 46 5. A packer acting in violation of this section is
1 47 guilty of a fraudulent practice as provided in chapter
1 48 714.
1 49 6. Any person injured by a violation of this
1 50 section may bring an action in district court to
2 1 restrain a packer from violating this section. A
2 2 seller who receives a discriminatory price or who is
2 3 offered only a discriminatory price for livestock
2 4 based upon a violation of this section by a packer,
2 5 has a civil cause of action against the packer and, if
2 6 successful, shall be awarded treble damages."
2 7 #3. Page 1, line 21, by striking the figure
2 8 "172C.2" and inserting the following: "172C.3".
2 9 #4. Page 2, line 19, by striking the figure
2 10 "172C.3" and inserting the following: "172C.4".
2 11 #5. Page 2, line 25, by striking the figure
2 12 "172C.2" and inserting the following: "172C.3".
2 13 #6. Page 2, line 34, by striking the figure
2 14 "172C.4" and inserting the following: "172C.5".
2 15 #7. Page 3, line 18, by striking the figure
2 16 "172C.5" and inserting the following: "172C.6".
2 17 #8. Page 3, by inserting after line 23 the
2 18 following:
2 19 " . Price disclosure requirements pursuant to
2 20 section 172C.2".
2 21 #9. Page 3, line 25, by striking the figure
2 22 "172C.2" and inserting the following: "172C.3".
2 23 #10. Page 3, line 27, by striking the figure
2 24 "172C.3" and inserting the following: "172C.4".
2 25 #11. Page 3, line 28, by striking the figure
2 26 "172C.6" and inserting the following: "172C.7".
2 27 #12. Page 3, line 33, by striking the figure
2 28 "172C.2" and inserting the following: "172C.3".
2 29 #13. Page 4, line 14, by striking the figure
2 30 "172C.2" and inserting the following: "172C.3".
2 31 #14. Page 4, line 19, by striking the figure
2 32 "172C.7" and inserting the following: "172C.8".
2 33 #15. Page 4, by inserting after line 19 the
2 34 following:
2 35 "1. A packer who discriminates in prices paid for
2 36 livestock in violation of section 172C.2 is subject to
2 37 a civil penalty of not more than five thousand
2 38 dollars."
2 39 #16. Page 4, line 22, by striking the figure
2 40 "172C.2" and inserting the following: "172C.3".
2 41 #17. Page 4, line 28, by striking the figure
2 42 "172C.3" and inserting the following: "172C.4".
2 43 #18. Page 4, line 34, by striking the figure
2 44 "172C.4" and inserting the following: "172C.5".
2 45 #19. Page 5, line 5, by striking the figure
2 46 "172C.4" and inserting the following: "172C.5".
2 47 #20. Page 5, line 8, by striking the figure
2 48 "172C.2" and inserting the following: "172C.3".
2 49 #21. Page 5, line 9, by striking the figure
2 50 "172C.3" and inserting the following: "172C.4".
3 1 #22. Page 5, line 21, by striking the figure
3 2 "172C.2" and inserting the following: "172C.3".
3 3 #23. Page 5, line 21, by striking the figure
3 4 "172C.7" and inserting the following: "172C.8".
3 5 #24. Page 5, line 21, by striking the figure "1"
3 6 and inserting the following: "2".
3 7 #25. Page 5, line 23, by striking the figure
3 8 "172C.2" and inserting the following: "172C.3".
3 9 #26. Page 5, line 27, by striking the figure
3 10 "172C.5" and inserting the following: "172C.6".
3 11 #27. Page 5, line 27, by striking the word "a" and
3 12 inserting the following: "b".
3 13 #28. Page 5, line 29, by striking the figure
3 14 "172C.6" and inserting the following: "172C.7".
3 15 #29. Page 5, line 31, by striking the figure
3 16 "172C.6" and inserting the following: "172C.7".
3 17 #30. Page 5, line 33, by striking the figure
3 18 "172C.7" and inserting the following: "172C.8".
3 19 #31. Page 5, line 33, by striking the figure "1"
3 20 and inserting the following: "2".
3 21 #32. Page 6, line 2, by striking the figure
3 22 "172C.3" and inserting the following: "172C.4".
3 23 #33. Page 6, line 3, by striking the figure
3 24 "172C.7" and inserting the following: "172C.8".
3 25 #34. Page 6, line 3, by striking the figure "2"
3 26 and inserting the following: "3".
3 27 #35. Page 6, line 5, by striking the figure
3 28 "172C.3" and inserting the following: "172C.4".
3 29 #36. Page 6, line 7, by striking the figure
3 30 "172C.5" and inserting the following: "172C.6".
3 31 #37. Page 6, line 7, by striking the figure "b"
3 32 and inserting the following: "c".
3 33 #38. Page 6, line 9, by striking the figure
3 34 "172C.7" and inserting the following: "172C.8".
3 35 #39. Page 6, line 9, by striking the figure "2"
3 36 and inserting the following: "3".
3 37 #40. Page 6, line 15, by striking the figure
3 38 "172C.5" and inserting the following: "172C.6".
3 39 #41. Page 6, by striking line 16 and inserting the
3 40 following: "subsection 2, paragraph "b" and "c", are
3 41 amended by striking the paragraphs."
3 42 #42. Page 7, line 3, by striking the figure
3 43 "172C.5" and inserting the following: "172C.6".
3 44 #43. Page 7, line 10, by striking the figure
3 45 "172C.4" and inserting the following: "172C.2,
3 46 172C.5".
3 47 #44. Page 7, line 10, by striking the figure
3 48 "172C.6" and inserting the following: "172C.7".
3 49 #45. Page 7, line 11, by striking the figure
3 50 "172C.7" and inserting the following: "172C.8".
4 1 #46. Page 7, line 11, by striking the word and
4 2 figure "subsection 3" and inserting the following:
4 3 "subsections 1 and 4".
4 4 #47. Title page, line 2, by inserting after the
4 5 word "certain" the following: "pricing practices,".
4 6 #48. Title page, line 3, by striking the word
4 7 "information" and inserting the following:
4 8 "information,".
4 9 #49. By renumbering as necessary.
4 10
4 11
4 12
4 13 DREES of Carroll
4 14
4 15
4 16
4 17 MERTZ of Kossuth
4 18
4 19
4 20
4 21 FREVERT of Palo Alto
4 22
4 23
4 24
4 25 WISE of Lee
4 26
4 27
4 28
4 29 STEVENS of Dickinson
4 30
4 31
4 32
4 33 SCHERRMAN of Dubuque
4 34
4 35
4 36
4 37 KUHN of Floyd
4 38
4 39
4 40
4 41 PARMENTER of Story
4 42
4 43
4 44
4 45 HOLVECK of Polk
4 46
4 47
4 48
4 49 BUKTA of Clinton
4 50
5 1
5 2
5 3 LARKIN of Lee
5 4
5 5
5 6
5 7 JOCHUM of Dubuque
5 8
5 9
5 10
5 11 RICHARDSON of Warren
5 12
5 13
5 14
5 15 WITT of Black Hawk
5 16
5 17
5 18
5 19 MUNDIE of Webster
5 20
5 21
5 22
5 23 OSTERHAUS of Jackson
5 24
5 25
5 26
5 27 MAY of Worth
5 28
5 29
5 30
5 31 MURPHY of Dubuque
5 32
5 33
5 34
5 35 WEIGEL of Chickasaw
5 36
5 37
5 38
5 39 REYNOLDS of Van Buren
5 40 SF 436.709 78
5 41 da/sc
Text: H01684 Text: H01686 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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