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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