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House Study Bill 72

Bill Text

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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