Text: HF00569 Text: HF00571 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
20
30 HOUSE FILE 570
40
60 AN ACT
80 RELATING TO THE IOWA TURKEY MARKETING COUNCIL, BY PROVIDING
82 PROCEDURES FOR THE ADMINISTRATION OF THE COUNCIL, A PRO-
84 DUCER ASSESSMENT, REFUNDS, AND FOR THE EXPENDITURE OF
86 MONEYS BY THE COUNCIL, AND PROVIDING AN EFFECTIVE DATE.
88
120 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
130
134 Section 1. Section 184A.1, Code 1999, is amended to read
136 as follows:
138 184A.1 DEFINITIONS.
140 As used in this chapter, unless the context indicates
142 otherwise:
144 1. "Account" means the turkey council account created
146 pursuant to section 184A.4.
148 2. "Council" means the "Iowa turkey marketing council" or
150 "council" means the council administrating promotion and
152 research funds established pursuant to sections 184A.1A and
154 184A.1B. The council shall consist of the following seven
156 members:
158 a. The Iowa secretary of agriculture or the secretary's
160 representative.
162 b. The chairperson of the poultry science department of
164 the Iowa state university of science and technology.
166 c. The Iowa turkey federation shall nominate ten
168 representatives of the Iowa turkey industry, and the secretary
170 shall appoint five representatives from the ten nominees or
172 other representatives of the Iowa turkey industry of the sec-
174 retary's choice as the representatives of the turkey industry
176 on the council.
178 3. "Fund" means the Iowa turkey fund created pursuant to
180 section 184A.4.
182 4. "Integrator" means any person who is both a producer
184 and a processor.
186 2. 5. "Market development" means research and education
188 programs directed toward to provide better and more efficient
190 production, marketing, and utilization of turkey and turkey
192 products produced for resale, and methods and means,
194 including. The programs may include, but are not limited to,
196 supporting public relations and other, promotion techniques,
198 for and research efforts. The programs may provide for all of
200 the following:
202 a. The maintenance of present markets, for and the
204 development of new or larger domestic or foreign markets, for
206 the sale of turkeys, and for.
208 b. The prevention, modification, or elimination of trade
210 barriers which obstruct the free flow of such agricultural
212 commodities to market commerce. Market development includes
214 providing promotion and research funds for Iowa's
216 participation
218 c. The education of consumers regarding the benefits of
220 purchasing and consuming turkey products and the role of
222 turkey producers and processors.
224 d. Participation in activities such as the and events
226 sponsored by the national turkey federation, the "eat more
228 turkey" campaign, and the national turkey federation research
230 fund and other activities as may be authorized by the council
232 which provide for research and promotion regarding the
234 production and marketing of turkeys and turkey products.
236 3. 6. "Processor" means any a person who purchases more
238 than one thousand turkeys for slaughter each year. The word
240 "processor" may include where applicable, A processor includes
242 an integrator, who is a person who both produces and processes
244 turkeys.
246 4. 7. "Producer" means any a person doing business
248 residing within this state or outside this state who does
250 business in this state and who grows raises more than two
252 hundred five thousand turkeys for slaughter each year. The
254 word "producer" may include where applicable, A producer
256 includes an integrator, who is a person who both produces and
258 processes turkeys.
260 5. 8. "Qualified financial institution" means a bank,
262 credit union, or savings and loan as defined in section 12C.1.
264 6. "Secretary" means a person employed by the Iowa turkey
266 marketing council to perform duties specified by this chapter
268 or the council.
270 7. "Treasurer" means the person appointed as treasurer by
272 the Iowa turkey marketing council from the membership of the
274 council.
276 9. "Qualified producer" means a producer who resides
278 within this state.
280 8. 10. "Turkeys" "Turkey" means turkeys a turkey raised
282 for slaughter.
284 11. "Turkey product" means a product produced in whole or
286 in part from a turkey.
288 Sec. 2. NEW SECTION. 184A.1A REFERENDUM CONDUCTED TO
290 ESTABLISH AN IOWA TURKEY MARKETING COUNCIL AND IMPOSE AN
292 ASSESSMENT.
294 1. The department shall call and conduct a referendum upon
296 the department's receipt of a petition which is signed by at
298 least twenty eligible voters requesting a referendum to
300 determine whether to establish an Iowa turkey marketing
302 council as provided in section 184A.1B and impose an
304 assessment as provided in section 184A.2. In order to be an
306 eligible voter under this section, a petitioner must be a
308 qualified producer. The referendum shall be conducted by
310 election within sixty days following receipt of the petition.
312 The petitioners shall guarantee payment of the cost of the
314 referendum by providing evidence of financial security as
316 required by the department.
318 2. The department shall give notice of the referendum on
320 the question whether to establish a council and to impose an
322 assessment by publishing the notice for a period of not less
324 than five days in at least one newspaper of general
326 circulation in the state, and for a similar period in other
328 newspapers as prescribed by the department. The notice shall
330 state the voting places, period of time for voting, the manner
332 of voting, the amount of the assessment, and other information
334 deemed necessary by the department. A referendum shall not be
336 commenced until five days after the last date of publication.
338 3. a. Each eligible voter who signs a statement
340 certifying that the eligible voter is a qualified producer
342 shall be an eligible voter under this section. An eligible
344 voter is entitled to cast one vote in each referendum
346 conducted under this section. The department may conduct the
348 referendum by mail, electronic means, or a general meeting of
350 eligible voters.
352 b. At the close of the referendum, the department shall
354 count and tabulate the ballots cast.
356 (1) If a majority of eligible voters who vote in the
358 referendum approve establishing the council and imposing an
360 assessment, a council shall be established, and an assessment
362 shall be imposed commencing not more than sixty days following
364 the referendum as determined by the council. The council and
366 assessment shall continue for five years as provided in
368 section 184A.12.
370 (2) If a majority of eligible voters who vote in the
372 referendum do not approve establishing the council and
374 imposing the assessment, the council shall not be established
376 and an assessment shall not be imposed until another
378 referendum is held under this section and a majority of the
380 eligible voters voting approve establishing a council and
382 imposing the assessment. If a referendum should fail, another
384 referendum shall not be held within one hundred eighty days
386 from the date of the last referendum.
388 4. Within thirty days after approval at the referendum to
390 establish a council to impose an assessment, the department
392 shall organize the council as provided in section 184A.1B.
394 Sec. 3. NEW SECTION. 184A.1B TURKEY MARKETING COUNCIL –
396 COMPOSITION AND PROCEDURES.
398 1. The council shall consist of the following members:
400 a. The secretary of agriculture or the secretary's
402 designee who shall serve at the pleasure of the secretary.
404 b. Six persons appointed by the board of the Iowa turkey
406 federation. The appointees shall be knowledgeable about the
408 care and management of poultry. The board shall appoint and
410 replace the appointees by election as provided by the board.
412 An appointee shall serve on the council at the pleasure of the
414 board.
416 c. Any number of ex officio nonvoting members appointed by
418 the board of the Iowa turkey federation. The board shall
420 appoint and replace the appointees by election as provided by
422 the board. An appointee shall serve on the council at the
424 pleasure of the board.
426 2. The council shall elect a chairperson, and other
428 officers, as needed, from among its members. An officer shall
430 serve for a term as provided by the council, and may be
432 reelected to serve subsequent terms unless otherwise provided
434 by the council.
436 3. A majority of voting members of the council present
438 during a meeting shall constitute a quorum. A majority of the
440 voting members present during a meeting is necessary to carry
442 out the duties and exercise the powers of the council as
444 provided in this chapter, unless the council requires a
446 greater number.
448 4. The council shall meet on the call of the chairperson
450 or as otherwise provided by the council.
452 Sec. 4. NEW SECTION. 184A.1C POWERS OF THE COUNCIL.
454 The council may do all of the following:
456 1. Employ, manage, and discharge assistants and
458 professional counsel as necessary, prescribe their duties and
460 powers, and provide for their compensation.
462 2. Establish offices, incur expenses, and enter into any
464 contracts or agreements necessary to carry out the purposes of
466 this chapter.
468 3. Adopt rules necessary to administer the functions of
470 the council as provided in this chapter.
472 4. Enter into arrangements for the collection and deposit
474 of the assessment.
476 5. Require that any administrator, employee, or other
478 person occupying a position of trust under this chapter give
480 bond in the amount required by the council. The premiums for
482 bonds shall be part of the costs of collecting the assessment.
484 6. Receive money, including in the form of gifts, rents,
486 royalties, or license fees which shall be deposited in the
488 turkey council account as provided in section 184A.4.
490 Sec. 5. Section 184A.2, Code 1999, is amended to read as
492 follows:
494 184A.2 FEE IMPOSED – RATE ASSESSMENT.
496 1. If an assessment is approved by a majority of the
498 eligible voters voting at a referendum as provided in section
500 184A.10 184A.1A or 184A.12, there is hereby imposed a fee upon
502 each turkey delivered for processing in the state of Iowa all
504 of the following shall apply:
506 a. The assessment shall be imposed on each turkey
508 delivered for processing.
510 b. The council shall establish a rate of the fee imposed
512 assessment for each turkey delivered for processing. The
514 council may establish different rates based on attributes or
516 characteristics of turkeys. However, a rate shall not be more
518 than one cent for each turkey weighing less than ten pounds
520 live weight and not more than two three cents for each turkey
522 weighing ten or more pounds live weight, as established at the
524 discretion of the council delivered for processing.
526 c. The fee assessment shall be imposed on the producer and
528 collected at the time of delivery of a turkey to the
530 processing plant and processor. The assessment shall be
532 deducted by the processor at the time of delivery from the
534 price paid to the producer at the time of the sale to the
536 processor. A processor shall remit assessments to the council
538 on a monthly basis as provided by the council. The council
540 shall deposit the remitted assessments in the Iowa turkey fund
542 as provided in section 184A.4.
544 2. The council may enter into agreements with processors
546 from outside this state for the payment of the assessment.
548 3. The council shall provide for a refund of an assessment
550 according to rules adopted by the council.
552 Sec. 6. Section 184A.3, Code 1999, is amended to read as
554 follows:
556 184A.3 INVOICES ASSESSMENT DOCUMENTATION.
558 At the time of delivery to the processing plant, the A
560 processor receiving turkeys for slaughter shall do all of the
562 following:
564 1. At the time of payment to the producer, the processor
566 shall sign and submit a receipt to the producer which includes
568 the rate of assessment imposed and the amount of the
570 assessment for all turkeys delivered for processing.
572 2. Within a period established by rules adopted by the
574 council, the processor shall regularly sign and deliver submit
576 to the producer separate invoices for each purchase or such
578 council an invoice or other records which will required by the
580 council to expedite collection of the fee assessment. The
582 council may require that the processor submit a separate
584 invoice for each purchase. The invoices invoice shall be
586 legibly printed and shall not be altered. An invoice shall
588 show include all of the following:
590 1. a. The name and address of the producer and the seller,
592 if the seller's name is different from the producer.
594 2. b. The name and address of the processor.
596 3. c. The quantity number of turkeys sold.
598 4. d. The date of the delivery.
600 Invoices shall be legibly written and shall not be altered.
602 Sec. 7. Section 184A.4, Code 1999, is amended by striking
604 the section and inserting in lieu thereof the following:
606 184A.4 ADMINISTRATION OF MONEYS.
608 1. The assessments collected by the council as provided in
610 section 184A.2 shall be deposited in the office of the
612 treasurer of state in a special fund known as the Iowa turkey
614 fund. The department of revenue and finance shall transfer
616 moneys from the fund to the council for deposit into the
618 turkey council account established by the council pursuant to
620 this section. The department shall transfer the moneys as
622 provided in a resolution adopted by the council. However, the
624 department is only required to transfer moneys once during
626 each day and only during hours when the offices of the state
628 are open.
630 2. The council shall establish a turkey council account in
632 a qualified financial institution. The council shall provide
634 for the deposit of all of the following into the account:
636 a. The assessment collected, deposited in the Iowa turkey
638 fund, and transferred to the council as provided in this
640 section.
642 b. Moneys, other than assessments, including moneys in the
644 form of gifts, rents, royalties, or license fees received by
646 the council pursuant to section 184A.1C.
648 Sec. 8. Section 184A.6, Code 1999, is amended to read as
650 follows:
652 184A.6 USE OF MONEYS – APPROPRIATION.
654 1. All moneys deposited in the turkey council account
656 pursuant to section 184A.4 shall be used by the council for
658 purposes of administering this chapter. After payment of
660 expenses, in accordance with section 184A.9 the
662 2. The council may use shall expend moneys transferred to
664 the council as provided in this chapter which are appropriated
666 and shall be used for the administration of this chapter, and
668 for payment of claims based upon obligations incurred in from
670 the account first for the payment of expenses for the
672 collection of assessments, and then for the payment of
674 expenses related to connecting a referendum as provided in
676 section 184A.12. The council shall expend remaining moneys
678 for market development on behalf of the turkey industry,
680 producer education, and the payment of refunds to producers as
682 provided in this chapter.
684 Sec. 9. Section 184A.9, Code 1999, is amended to read as
686 follows:
688 184A.9 AUDIT.
690 Moneys collected, deposited in the fund, and transferred to
692 the council, required to be deposited in the turkey council
694 account as provided in this chapter section 184A.4 shall be
696 subject to audit by the auditor of state. The moneys shall be
698 used by the council first for the payment of collection
700 expenses and for payment of the costs and expenses arising in
702 connection with conducting any required referendums, and
704 secondly by the turkey marketing council for market
706 development.
708 Sec. 10. Section 184A.12, Code 1999, is amended by
710 striking the section and inserting in lieu thereof the
712 following:
714 184A.12 REFERENDUM CONDUCTED TO CONTINUE THE COUNCIL AND
716 THE IMPOSITION OF THE ASSESSMENT.
718 1. The council shall call for a referendum to continue the
720 council established pursuant to section 184A.1A, and to
722 continue the assessment established pursuant to section
724 184A.2. The council shall call and conduct the referendum by
726 election as provided in this section. The department shall
728 oversee the conduct of the referendum. The referendum shall
730 be conducted in the fifth year following the referendum
732 establishing the council and assessment.
734 2. The following procedures shall apply to a referendum
736 conducted pursuant to this section:
738 a. The council shall publish a notice of the referendum
740 for a period of not less than five days in at least one
742 newspaper of general circulation in the state and for a
744 similar period in other newspapers as prescribed by the
746 council. The notice shall state the voting places, period of
748 time for voting, manner of voting, and other information
750 deemed necessary by the council. A referendum shall not be
752 commenced until five days after the last date of publication.
754 b. Upon signing a statement certifying to the council that
756 a producer is an eligible voter, the producer is entitled to
758 one vote in each referendum conducted pursuant to this
760 section. In order to be an eligible voter under this section,
762 a producer must be a qualified producer who paid an assessment
764 in the year in which the referendum is held. The council may
766 conduct the referendum by mail, electronic means, or a general
768 meeting of eligible voters. The council shall conduct the
770 referendum and count and tabulate the ballots filed during the
772 referendum within thirty days following the close of the
774 referendum.
776 (1) If a majority of eligible voters who vote in the
778 referendum approve the continuation of the council and the
780 imposition of the assessment, the council and the imposition
782 of the assessment shall continue as provided in this chapter.
784 (2) If a majority of eligible voters who vote in the
786 referendum do not approve continuing the council and the
788 imposition of the assessment, the department shall terminate
790 the collection of the assessment on the first day of the year
792 for which the referendum was to continue. The department
794 shall terminate the activities of the council in an orderly
796 manner as soon as practicable after the referendum. A
798 subsequent referendum may be held as provided in section
800 184A.1A. However, the subsequent referendum shall not be held
802 within one hundred eighty days from the date of the last
804 referendum.
806 Sec. 11. NEW SECTION. 184A.12A REFERENDUM CONDUCTED TO
808 ABOLISH THE COUNCIL AND TERMINATE THE IMPOSITION OF THE
810 ASSESSMENT.
812 1. A referendum may be called to abolish the council
814 established pursuant to sections 184A.1A and 184A.1B, and to
816 terminate the imposition of the assessment established
818 pursuant to section 184A.2. The department shall call and
820 conduct the referendum upon the department's receipt of a
822 petition requesting the referendum. The petition must be
824 signed by at least twenty eligible voters or fifty percent of
826 all eligible voters, whichever is greater. In order to be an
828 eligible voter under this section, a producer must be a
830 qualified producer who paid an assessment in the year in which
832 the referendum is held. The referendum shall be conducted by
834 election within sixty days following receipt of the petition.
836 The petitioners shall guarantee payment of the cost of the
838 referendum by providing evidence of financial security as
840 required by the department.
842 2. The following procedures shall apply to a referendum
844 conducted pursuant to this section:
846 a. The department shall publish a notice of the referendum
848 for a period of not less than five days in at least one
850 newspaper of general circulation in the state and for a
852 similar period in other newspapers as prescribed by the
854 department. The notice shall state the voting places, period
856 of time for voting, manner of voting, and other information
858 deemed necessary by the department. A referendum shall not be
860 commenced until five days after the last date of publication.
862 b. Upon signing a statement certifying to the department
864 that a producer is an eligible voter, the producer is entitled
866 to one vote in each referendum conducted pursuant to this
868 section. The department may conduct the referendum by mail,
870 electronic means, or a general meeting of eligible voters.
872 The department shall conduct the referendum and count and
874 tabulate the ballots filed during the referendum within thirty
876 days following the close of the referendum.
878 (1) If a majority of eligible voters who vote in the
880 referendum approve the continuation of the council and the
882 imposition of the assessment, the council and the imposition
884 of the assessment shall continue as provided in this chapter.
886 (2) If a majority of eligible voters who vote in the
888 referendum do not approve continuing the council and the
890 imposition of the assessment, the department shall terminate
892 the collection of the assessment on the first day of the year
894 for which the referendum was to continue. The department
896 shall terminate the activities of the council in an orderly
898 manner as soon as practicable after the referendum. A
900 subsequent referendum may be held as provided in section
902 184A.1A. However, the subsequent referendum shall not be held
904 within one hundred eighty days from the date of the last
906 referendum.
908 Sec. 12. Section 184A.14, Code 1999, is amended to read as
910 follows:
912 184A.14 EXAMINATION OF BOOKS.
914 Any person subject to the provisions of this chapter shall
916 furnish, on forms provided by the council, any information
918 needed to enable required by the council and secretary to
920 effectuate the policies provisions of this chapter. For the
922 purpose of ascertaining the correctness of any report made to
924 the council or secretary under the provisions of this In order
926 to administer this chapter, the secretary council may examine
928 books, papers, records, copies of tax returns, accounts,
930 correspondence, contracts, or other documents and memoranda
932 that it deems relevant which are in the control of any a
934 person subject to this chapter and which are not otherwise
936 confidential as provided by law. The secretary council may
938 hold hearings, take testimony, administer oaths, subpoena
940 witnesses, and issue subpoenas duces tecum in connection with
942 the administration of this chapter section.
944 Sec. 13. Section 184A.15, Code 1999, is amended to read as
946 follows:
948 184A.15 MISDEMEANOR.
950 It is a simple misdemeanor for any A person to is guilty of
952 a simple misdemeanor for willfully violate violating any
954 provision of this chapter, or for any person to willfully
956 render rendering or furnish furnishing a false or fraudulent
958 report, statement, or record required by the council or
960 secretary.
962 Sec. 14. Section 184A.17, Code 1999, is amended to read as
964 follows:
966 184A.17 REPORT.
968 The council shall prepare and submit a report summarizing
970 the activities of the council under this chapter each year to
972 the auditor of state and the secretary of agriculture. The
974 report shall show all income, expenses, and other relevant
976 information concerning fees assessments collected and expended
978 under the provisions of this chapter.
980 Sec. 15. Section 184A.18, Code 1999, is amended to read as
982 follows:
984 184A.18 NOT A STATE AGENCY.
986 The Iowa turkey marketing council shall is not be a state
988 agency.
990 Sec. 16. Section 184A.19, Code 1999, is amended to read as
992 follows:
994 184A.19 DEFICIT SPENDING NOT AUTHORIZED PROHIBITED
996 ACTIVITIES.
998 This chapter shall not be construed to authorize the Iowa
1000 turkey marketing The council to operate shall not do any of
1002 the following:
1004 1. Operate with a deficit or use deficit financing for
1006 administration of this chapter.
1008 2. Expend moneys from the account in a manner that is not
1010 authorized pursuant to section 184A.6.
1012 3. Become involved in supporting a political campaign or
1014 issue, by making a contribution of moneys from the account,
1016 either directly or indirectly, to any political party or
1018 organization or in support of a political candidate for public
1020 office. The council shall not expend the moneys to a
1022 political candidate including but not limited to a member of
1024 congress or the general assembly for honorariums, speeches, or
1026 for any other purposes above actual and necessary expenses.
1028 Sec. 17. Sections 184A.5, 184A.8, 184A.11, 184A.13, and
1030 184A.16, Code 1999, are repealed.
1032 Sec. 18. EFFECT OF THIS ACT – TRANSITION. This Act shall
1034 not require a referendum as provided in section 184A.1A, as
1036 amended by this Act. This Act does not modify when a
1038 referendum must be conducted as provided in section 184A.12,
1040 Code 1999. The Iowa turkey marketing council shall establish
1042 the rate of assessment as provided in section 184A.2, as
1044 amended by this Act.
1046 Sec. 19. EFFECTIVE DATE. This Act, being deemed of
1048 immediate importance, takes effect upon enactment.
1058
1060
1062
1064 BRENT SIEGRIST
1066 Speaker of the House
1068
1070
1072
1074 MARY E. KRAMER
1076 President of the Senate
1078
1080 I hereby certify that this bill originated in the House and
1082 is known as House File 570, Seventy-eighth General Assembly.
1084
1086
1088
1090 ELIZABETH ISAACSON
1092 Chief Clerk of the House
1094 Approved , 1999
1096
1098
1100
1102 THOMAS J. VILSACK
1104 Governor
Text: HF00569 Text: HF00571 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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