Text: HF00483 Text: HF00485 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 15E.202, subsection 14, paragraph a, 1 2 Code 1999, is amended to read as follows: 1 3 a.Agricultural producers investingAcquiring, 1 4 constructing, or expanding in a new facility or acquiring or 1 5 expanding an existing facility in this state which is used to 1 6 process agricultural commodities produced in this state, if 1 7 the purpose of the enterprise is to accomplish all of the 1 8 following: 1 9 Sec. 2. Section 15E.202, subsection 14, paragraph a, 1 10 subparagraph (3), Code 1999, is amended to read as follows: 1 11 (3) Providing for a substantialequitable ownership1 12interest in the enterprise bybenefit to Iowa agricultural 1 13 producers. 1 14 Sec. 3. Section 15E.205, subsection 1, paragraph a, Code 1 15 1999, is amended to read as follows: 1 16 a.AtAgricultural producers shall hold at least fifty-one 1 17 percent of the corporation's common stockmust be held by1 18agricultural producers. Atand at least fifty-one percent of 1 19 the corporation's voting stockmust be held by agricultural1 20producersin a manner and at times as provided in the 1 21 corporation's articles of incorporation and bylaws. 1 22 Sec. 4. Section 15E.208, subsection 5, paragraph d, 1 23 subparagraph (5), Code 1999, is amended to read as follows: 1 24 (5) The execution of an agreement between the corporation 1 25 and an eligible recipient as required by the department as a 1 26 condition of providing financing, in which the eligible 1 27 recipient agrees to become a shareholder in the corporation. 1 28If theThe corporation shall establish a plan and procedures 1 29 to allow eligiblerecipient is anrecipients who are 1 30 agriculturalproducerproducers as provided in section 1 31 15E.209, the agreement shall not be executed unless the1 32agricultural producer holdsto acquire voting common stock in 1 33 the corporationequal to at least five percent of the1 34financing provided to the agricultural producer pursuant to1 35the agreement.The agreement shall be for a period of not2 1less than ten years.An agreement shall at least provide all 2 2 of the following: 2 3 EXPLANATION 2 4 This bill amends provisions in the "Iowa Agricultural 2 5 Industry Finance Act" as enacted by the Seventy-seventh 2 6 General Assembly in 1998. As provided in the Act, an entity 2 7 incorporated under Code chapter 490 is an Iowa agricultural 2 8 finance corporation if it complies with certain requirements. 2 9 The Act provides that the department of economic development 2 10 may award an Iowa agricultural industry finance loan to an 2 11 Iowa agricultural industry finance corporation that is 2 12 repayable in 25 years. 2 13 The Act provides that an Iowa agricultural industry finance 2 14 corporation may only provide financing to an eligible person 2 15 who must be an agricultural producer participating in an Iowa 2 16 agricultural industry venture or an agricultural products 2 17 processor which participates as part of an Iowa agricultural 2 18 industry venture. The bill eliminates a requirement that 2 19 provides that agricultural producers must have a substantial 2 20 equitable ownership interest in the venture. 2 21 The Act provides that at least 51 percent of the 2 22 corporation's common stock must be held by agricultural 2 23 producers and at least 51 percent of the corporation's voting 2 24 stock must be held by agricultural producers. This bill 2 25 provides that the 51 percent rule applies in a manner and at 2 26 times determined by the corporation. 2 27 The Act provides requirements for a corporation extending 2 28 financing to agricultural producers and to agricultural 2 29 products processors as part of an Iowa agricultural industry 2 30 venture involving the construction, expansion, or acquisition 2 31 of an agricultural products processing facility. In order to 2 32 receive financing, an eligible recipient must enter into an 2 33 agreement with the corporation. If the eligible recipient is 2 34 an agricultural producer, the agreement must provide that the 2 35 agricultural producer hold voting stock equal to at least 5 3 1 percent of the financing provided to the agricultural producer 3 2 pursuant to the agreement. This bill eliminates the 5 percent 3 3 rule and provides that the corporation must provide a plan and 3 4 procedures to acquire voting stock in the corporation. 3 5 LSB 2653HH 78 3 6 da/sc/14
Text: HF00483 Text: HF00485 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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