Text: HSB00071 Text: HSB00073 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 22.7, Code 1999, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 38. Information contained in livestock
1 4 marketing contracts submitted to the secretary of state to the
1 5 extent designated pursuant to section 172C.3.
1 6 Sec. 2. NEW SECTION. 172C.1 DEFINITIONS.
1 7 As used in this chapter, unless the context otherwise
1 8 requires:
1 9 1. "Contract information" means all information contained
1 10 in a livestock marketing contract.
1 11 2. "Livestock" means cattle, swine, or sheep.
1 12 3. "Livestock marketing contract" means a contract
1 13 executed between a packer and a livestock seller who are
1 14 parties to the contract, if the contract requires or allows
1 15 the packer to purchase livestock from the livestock seller
1 16 more than twenty days from the date that the contract is
1 17 executed according to terms and conditions agreed to by the
1 18 parties.
1 19 4. "Livestock seller" means the owner of livestock who
1 20 sells the livestock to a packer.
1 21 5. "Packer" means a person who is engaged in the business
1 22 of slaughtering livestock or receiving, purchasing, or
1 23 soliciting livestock for slaughter, if the meat products of
1 24 the slaughtered livestock are directly or indirectly offered
1 25 for resale or for public consumption, and the meat products
1 26 have a total annual wholesale value of ten million dollars or
1 27 more. A "packer" includes an agent of the packer engaged in
1 28 purchasing or soliciting livestock for slaughter on behalf of
1 29 a packer. A "packer" does not include a frozen food locker
1 30 plant regulated under chapter 172.
1 31 6. "Producer" means a person who owns livestock, if the
1 32 person is actively engaged in providing for the care and
1 33 feeding of livestock for more than thirty consecutive days.
1 34 Sec. 3. NEW SECTION. 172C.2 PROVISIONS OF
1 35 CONFIDENTIALITY PROHIBITED.
2 1 Any provision of a livestock marketing contract that
2 2 requires contract information be confidential is void.
2 3 However, this section does not apply to contract information
2 4 which is a trade secret protected pursuant to chapter 550.
2 5 Sec. 4. NEW SECTION. 172C.3 CONTRACT INFORMATION.
2 6 1. The secretary of state, in cooperation with the
2 7 attorney general, shall establish a system for the submission
2 8 of contract information to the secretary of state. Packers
2 9 shall submit the contract information to the secretary of
2 10 state according to rules adopted by the secretary of state in
2 11 consultation with the attorney general. The secretary of
2 12 state may require that the contract information be submitted
2 13 in an electronic format according to procedures required by
2 14 the secretary of state. The secretary of state shall provide
2 15 for the routine dissemination of the contract information for
2 16 public examination. The secretary of state, in cooperation
2 17 with the attorney general, may designate some contract
2 18 information as confidential records under section 22.7,
2 19 including information that identifies the names of producers,
2 20 if the release of the information would serve no public
2 21 purpose.
2 22 2. The attorney general shall have access to all contract
2 23 information required to be submitted to the secretary of
2 24 state. The attorney general may provide an analysis of
2 25 contract information in order to assist producers who are
2 26 negotiating contracts with packers. The attorney general
2 27 shall assist any committee of the general assembly studying
2 28 the effects of livestock marketing practices.
2 29 Sec. 5. NEW SECTION. 172C.4 PENALTIES.
2 30 A packer failing to submit contract information as required
2 31 by section 172C.3 is subject to a civil penalty not to exceed
2 32 one thousand dollars for each day that timely or complete
2 33 contract information is not submitted.
2 34 Sec. 6. NEW SECTION. 172C.5 ENFORCEMENT AND PENALTIES.
2 35 1. The attorney general's office is the primary agency
3 1 responsible for enforcing this chapter. The secretary of
3 2 state shall notify the attorney general if the secretary of
3 3 state has reason to believe a violation of section 172C.3 has
3 4 occurred.
3 5 2. The attorney general shall institute legal action to
3 6 enforce the provisions of this chapter, including by seeking
3 7 any of the following:
3 8 a. The assessment and collection of civil penalties
3 9 pursuant to this section.
3 10 b. Injunctions brought on behalf of the state to require
3 11 compliance with this chapter.
3 12 EXPLANATION
3 13 This bill regulates livestock marketing contracts executed
3 14 between a packer and a livestock seller, including a producer.
3 15 The bill provides that any provision of a livestock
3 16 marketing contract that requires the contract information to
3 17 be confidential is void.
3 18 The bill requires that the secretary of state, in
3 19 cooperation with the attorney general, establish a system for
3 20 the submission to the secretary of state of contract
3 21 information contained in livestock marketing contracts
3 22 executed by packers and livestock sellers. The bill provides
3 23 that the secretary of state may require that the contract
3 24 information be submitted in an electronic format. The bill
3 25 provides that the secretary of state, in cooperation with the
3 26 attorney general, may designate some contract information as
3 27 confidential records.
3 28 The bill provides that the attorney general has access to
3 29 all contract information. The attorney general may provide an
3 30 analysis of contract information in order to assist producers
3 31 and livestock sellers who are negotiating contracts with
3 32 packers. The bill provides that the attorney general shall
3 33 assist the general assembly in studying livestock marketing
3 34 practices.
3 35 A packer is subject to a civil penalty of up to $1,000 for
4 1 each day that the packer fails to submit contract information
4 2 as required. The attorney general is charged to prosecute
4 3 cases and seek injunctive relief in enforcing the bill's
4 4 provisions.
4 5 LSB 1672HC 78
4 6 da/jw/5
Text: HSB00071 Text: HSB00073 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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