Text: HSB00139                          Text: HSB00141
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 140

Bill Text

PAG LIN
  1  1    Section 1.  Section 184A.1, Code 1999, is amended to read
  1  2 as follows:
  1  3    184A.1  DEFINITIONS.
  1  4    1.  "Account" means the turkey council account created
  1  5 pursuant to section 184A.4A.
  1  6    2.  "Council" means the "Iowa turkey marketing council" or
  1  7 "council" means the council administrating promotion and
  1  8 research funds established pursuant to sections 184A.1A and
  1  9 184A.1B.  The council shall consist of the following seven
  1 10 members:
  1 11    a.  The Iowa secretary of agriculture or the secretary's
  1 12 representative.
  1 13    b.  The chairperson of the poultry science department of
  1 14 the Iowa state university of science and technology.
  1 15    c.  The Iowa turkey federation shall nominate ten
  1 16 representatives of the Iowa turkey industry, and the secretary
  1 17 shall appoint five representatives from the ten nominees or
  1 18 other representatives of the Iowa turkey industry of the sec-
  1 19 retary's choice as the representatives of the turkey industry
  1 20 on the council.
  1 21    3.  "Fund" means the Iowa turkey fund created pursuant to
  1 22 section 184A.4.
  1 23    4.  "Integrator" means any person who is both a producer
  1 24 and a processor.
  1 25    2. 5.  "Market development" means research and education
  1 26 programs directed toward to provide better and more efficient
  1 27 production, marketing, and utilization of turkey and turkey
  1 28 products produced for resale, and methods and means,
  1 29 including.  The programs may include, but are not limited to,
  1 30 supporting public relations and other, promotion techniques,
  1 31 for and research efforts.  The programs may provide for all of
  1 32 the following:
  1 33    a.  The maintenance of present markets, for and the
  1 34 development of new or larger domestic or foreign markets, for
  1 35 the sale of turkeys, and for.
  2  1    b.  The prevention, modification, or elimination of trade
  2  2 barriers which obstruct the free flow of such agricultural
  2  3 commodities to market commerce.  Market development includes
  2  4 providing promotion and research funds for Iowa's
  2  5 participation
  2  6    c.  The education of consumers regarding the benefits of
  2  7 purchasing and consuming turkey products and the role of
  2  8 turkey producers and processors.
  2  9    d.  Participation in activities such as the and events
  2 10 sponsored by the national turkey federation, the "eat more
  2 11 turkey" campaign, and the national turkey federation research
  2 12 fund and other activities as may be authorized by the council
  2 13 which provide for research and promotion regarding the
  2 14 production and marketing of turkeys and turkey products.
  2 15    3. 6.  "Processor" means any a person who purchases more
  2 16 than one thousand turkeys for slaughter each year.  The word
  2 17 "processor" may include where applicable, A processor includes
  2 18 an integrator, who is a person who both produces and processes
  2 19 turkeys.
  2 20    4. 7.  "Producer" means any a person doing business
  2 21 residing within this state or outside this state who does
  2 22 business in this state and who grows raises more than two
  2 23 hundred five thousand turkeys for slaughter each year.  The
  2 24 word "producer" may include where applicable, A producer
  2 25 includes an integrator, who is a person who both produces and
  2 26 processes turkeys.
  2 27    5. 8.  "Qualified financial institution" means a bank,
  2 28 credit union, or savings and loan as defined in section 12C.1.
  2 29    6.  "Secretary" means a person employed by the Iowa turkey
  2 30 marketing council to perform duties specified by this chapter
  2 31 or the council.
  2 32    7.  "Treasurer" means the person appointed as treasurer by
  2 33 the Iowa turkey marketing council from the membership of the
  2 34 council.
  2 35    9.  "Qualified producer" means a producer who resides
  3  1 within this state.
  3  2    8. 10.  "Turkeys" "Turkey" means turkeys a turkey raised
  3  3 for slaughter.
  3  4    11.  "Turkey product" means a product produced in whole or
  3  5 in part from a turkey.
  3  6    Sec. 2.  NEW SECTION.  184A.1A  REFERENDUM CONDUCTED TO
  3  7 ESTABLISH AN IOWA TURKEY MARKETING COUNCIL AND IMPOSE AN
  3  8 ASSESSMENT.
  3  9    1.  The department shall call and conduct a referendum upon
  3 10 the department's receipt of a petition which is signed by at
  3 11 least twenty eligible voters requesting a referendum to
  3 12 determine whether to establish an Iowa turkey marketing
  3 13 council as provided in section 184A.1B and impose an
  3 14 assessment as provided in section 184A.2.  In order to be an
  3 15 eligible voter under this section, a petitioner must be a
  3 16 qualified producer.  The referendum shall be conducted by
  3 17 election within sixty days following receipt of the petition.
  3 18 The petitioners shall guarantee payment of the cost of the
  3 19 referendum by providing evidence of financial security as
  3 20 required by the department.
  3 21    2.  The department shall give notice of the referendum on
  3 22 the question whether to establish a council and to impose an
  3 23 assessment by publishing the notice for a period of not less
  3 24 than five days in at least one newspaper of general
  3 25 circulation in the state, and for a similar period in other
  3 26 newspapers as prescribed by the department.  The notice shall
  3 27 state the voting places, period of time for voting, the manner
  3 28 of voting, the amount of the assessment, and other information
  3 29 deemed necessary by the department.  A referendum shall not be
  3 30 commenced until five days after the last date of publication.
  3 31    3.  a.  Each eligible voter who signs a statement
  3 32 certifying that the eligible voter is a qualified producer
  3 33 shall be an eligible voter under this section.  An eligible
  3 34 voter is entitled to cast one vote in each referendum
  3 35 conducted under this section.  The department may conduct the
  4  1 referendum by mail, electronic means, or a general meeting of
  4  2 eligible voters.
  4  3    b.  At the close of the referendum, the department shall
  4  4 count and tabulate the ballots cast.
  4  5    (1)  If a majority of eligible voters who vote in the
  4  6 referendum approve establishing the council and imposing an
  4  7 assessment, a council shall be established, and an assessment
  4  8 shall be imposed commencing not more than sixty days following
  4  9 the referendum as determined by the council.  The council and
  4 10 assessment shall continue for five years as provided in
  4 11 section 184A.12.
  4 12    (2)  If a majority of eligible voters who vote in the
  4 13 referendum do not approve establishing the council and
  4 14 imposing the assessment, the council shall not be established
  4 15 and an assessment shall not be imposed until another
  4 16 referendum is held under this section and a majority of the
  4 17 eligible voters voting approve establishing a council and
  4 18 imposing the assessment.  If a referendum should fail, another
  4 19 referendum shall not be held within one hundred eighty days
  4 20 from the date of the last referendum.
  4 21    4.  Within thirty days after approval at the referendum to
  4 22 establish a council to impose an assessment, the department
  4 23 shall organize the council as provided in section 184A.1B.
  4 24    Sec. 3.  NEW SECTION.  184A.1B  TURKEY MARKETING COUNCIL –
  4 25 COMPOSITION AND PROCEDURES.
  4 26    1.  The council shall consist of the following members:
  4 27    a.  The secretary of agriculture or the secretary's
  4 28 designee who shall serve at the pleasure of the secretary.
  4 29    b.  Six persons appointed by the board of the Iowa turkey
  4 30 federation.  The appointees shall be knowledgeable about the
  4 31 care and management of poultry.  The board shall appoint and
  4 32 replace the appointees by election as provided by the board.
  4 33 An appointee shall serve on the council at the pleasure of the
  4 34 board.
  4 35    c.  Any number of ex officio nonvoting members appointed by
  5  1 the board of the Iowa turkey federation.  The board shall
  5  2 appoint and replace the appointees by election as provided by
  5  3 the board.  An appointee shall serve on the council at the
  5  4 pleasure of the board.
  5  5    2.  The council shall elect a chairperson, and other
  5  6 officers, as needed, from among its members.  An officer shall
  5  7 serve for a term as provided by the council, and may be
  5  8 reelected to serve subsequent terms unless otherwise provided
  5  9 by the council.
  5 10    3.  A majority of voting members of the council present
  5 11 during a meeting shall constitute a quorum.  A majority of the
  5 12 voting members present during a meeting is necessary to carry
  5 13 out the duties and exercise the powers of the council as
  5 14 provided in this chapter, unless the council requires a
  5 15 greater number.
  5 16    4.  The council shall meet on the call of the chairperson
  5 17 or as otherwise provided by the council.
  5 18    Sec. 4.  NEW SECTION.  184A.1C  POWERS OF THE COUNCIL.
  5 19    The council may do all of the following:
  5 20    1.  Employ, manage, and discharge assistants and
  5 21 professional counsel as necessary, prescribe their duties and
  5 22 powers, and provide for their compensation.
  5 23    2.  Establish offices, incur expenses, and enter into any
  5 24 contracts or agreements necessary to carry out the purposes of
  5 25 this chapter.
  5 26    3.  Adopt rules necessary to administer the functions of
  5 27 the council as provided in this chapter.
  5 28    4.  Enter into arrangements for the collection and deposit
  5 29 of the assessment.
  5 30    5.  Require that any administrator, employee, or other
  5 31 person occupying a position of trust under this chapter give
  5 32 bond in the amount required by the council.  The premiums for
  5 33 bonds shall be part of the costs of collecting the assessment.
  5 34    6.  Receive money, including in the form of gifts, rents,
  5 35 royalties, or license fees which shall be deposited in the
  6  1 turkey council account as provided in section 184A.4.
  6  2    Sec. 5.  Section 184A.2, Code 1999, is amended to read as
  6  3 follows:
  6  4    184A.2  FEE IMPOSED – RATE ASSESSMENT.
  6  5    1.  If an assessment is approved by a majority of the
  6  6 eligible voters voting at a referendum as provided in section
  6  7 184A.10 184A.1A or 184A.12, there is hereby imposed a fee upon
  6  8 each turkey delivered for processing in the state of Iowa all
  6  9 of the following shall apply:
  6 10    a.  The assessment shall be imposed on each turkey
  6 11 delivered for processing.
  6 12    b.  The council shall establish a rate of the fee imposed
  6 13 assessment for each turkey delivered for processing.  The
  6 14 council may establish different rates based on attributes or
  6 15 characteristics of turkeys.  However, a rate shall not be more
  6 16 than one cent for each turkey weighing less than ten pounds
  6 17 live weight and not more than two three cents for each turkey
  6 18 weighing ten or more pounds live weight, as established at the
  6 19 discretion of the council delivered for processing.
  6 20    c.  The fee assessment shall be imposed on the producer and
  6 21 collected at the time of delivery of a turkey to the
  6 22 processing plant and processor.  The assessment shall be
  6 23 deducted by the processor at the time of delivery from the
  6 24 price paid to the producer at the time of the sale to the
  6 25 processor.  A processor shall remit assessments to the council
  6 26 on a monthly basis as provided by the council.  The council
  6 27 shall deposit the remitted assessments in the Iowa turkey fund
  6 28 as provided in section 184A.4.
  6 29    2.  The council may enter into agreements with processors
  6 30 from outside this state for the payment of the assessment.
  6 31    3.  a.  Except as provided in paragraph "b", the assessment
  6 32 imposed under this section is not refundable.
  6 33    b.  The  council may provide for the refund of an
  6 34 assessment for turkeys which are raised in another state and
  6 35 processed in this state according to rules adopted by the
  7  1 council.
  7  2    Sec. 6.  Section 184A.3, Code 1999, is amended to read as
  7  3 follows:
  7  4    184A.3  INVOICES ASSESSMENT DOCUMENTATION.
  7  5    At the time of delivery to the processing plant, the A
  7  6 processor receiving turkeys for slaughter shall do all of the
  7  7 following:
  7  8    1.  At the time of payment to the producer, the processor
  7  9 shall sign and submit a receipt to the producer which includes
  7 10 the rate of assessment imposed and the amount of the
  7 11 assessment for all turkeys delivered for processing.
  7 12    2.  Within a period established by rules adopted by the
  7 13 council, the processor shall regularly sign and deliver submit
  7 14 to the producer separate invoices for each purchase or such
  7 15 council an invoice or other records which will required by the
  7 16 council to expedite collection of the fee assessment.  The
  7 17 council may require that the processor submit a separate
  7 18 invoice for each purchase.  The invoices invoice shall be
  7 19 legibly printed and shall not be altered.  An invoice shall
  7 20 show include all of the following:
  7 21    1. a.  The name and address of the producer and the seller,
  7 22 if the seller's name is different from the producer.
  7 23    2. b.  The name and address of the processor.
  7 24    3. c.  The quantity number of turkeys sold.
  7 25    4. d.  The date of the delivery.
  7 26    Invoices shall be legibly written and shall not be altered.
  7 27    Sec. 7.  Section 184A.4, Code 1999, is amended by striking
  7 28 the section and inserting in lieu thereof the following:
  7 29    184A.4  ADMINISTRATION OF MONEYS.
  7 30    1.  The assessments collected by the council as provided in
  7 31 section 184A.2 shall be deposited in the office of the
  7 32 treasurer of state in a special fund known as the Iowa turkey
  7 33 fund.  The department of revenue and finance shall transfer
  7 34 moneys from the fund to the council for deposit into the
  7 35 turkey council account established by the council pursuant to
  8  1 this section.  The department shall transfer the moneys as
  8  2 provided in a resolution adopted by the council.  However, the
  8  3 department is only required to transfer moneys once during
  8  4 each day and only during hours when the offices of the state
  8  5 are open.
  8  6    2.  The council shall establish a turkey council account in
  8  7 a qualified financial institution.  The council shall provide
  8  8 for the deposit of all of the following into the account:
  8  9    a.  The assessment collected, deposited in the Iowa turkey
  8 10 fund, and transferred to the council as provided in this
  8 11 section.
  8 12    b.  Moneys, other than assessments, including moneys in the
  8 13 form of gifts, rents, royalties, or license fees received by
  8 14 the council pursuant to section 184A.1C.
  8 15    Sec. 8.  Section 184A.6, Code 1999, is amended to read as
  8 16 follows:
  8 17    184A.6  USE OF MONEYS – APPROPRIATION.
  8 18    1.  All moneys deposited in the turkey council account
  8 19 pursuant to section 184A.4 shall be used by the council for
  8 20 purposes of administering this chapter.  After payment of
  8 21 expenses, in accordance with section 184A.9 the
  8 22    2.  The council may use shall expend moneys transferred to
  8 23 the council as provided in this chapter which are appropriated
  8 24 and shall be used for the administration of this chapter, and
  8 25 for payment of claims based upon obligations incurred in from
  8 26 the account first for the payment of expenses for the
  8 27 collection of assessments, and then for the payment of
  8 28 expenses related to connecting a referendum as provided in
  8 29 section 184A.12.  The council shall expend remaining moneys
  8 30 for market development on behalf of the turkey industry,
  8 31 producer education, and the payment of refunds to producers as
  8 32 provided in this chapter.
  8 33    Sec. 9.  Section 184A.9, Code 1999, is amended to read as
  8 34 follows:
  8 35    184A.9  AUDIT.
  9  1    Moneys collected, deposited in the fund, and transferred to
  9  2 the council, required to be deposited in the turkey council
  9  3 account as provided in this chapter section 184A.4 shall be
  9  4 subject to audit by the auditor of state.  The moneys shall be
  9  5 used by the council first for the payment of collection
  9  6 expenses and for payment of the costs and expenses arising in
  9  7 connection with conducting any required referendums, and
  9  8 secondly by the turkey marketing council for market
  9  9 development.
  9 10    Sec. 10.  Section 184A.12, Code 1999, is amended by
  9 11 striking the section and inserting in lieu thereof the
  9 12 following:
  9 13    184A.12  REFERENDUM CONDUCTED TO CONTINUE THE COUNCIL AND
  9 14 THE IMPOSITION OF THE ASSESSMENT.
  9 15    1.  The council shall call for a referendum to continue the
  9 16 council established pursuant to section 184A.1A, and to
  9 17 continue the assessment established pursuant to section
  9 18 184A.2.  The council shall call and conduct the referendum by
  9 19 election as provided in this section.  The department shall
  9 20 oversee the conduct of the referendum.  The referendum shall
  9 21 be conducted in the fifth year following the referendum
  9 22 establishing the council and assessment.
  9 23    2.  The following procedures shall apply to a referendum
  9 24 conducted pursuant to this section:
  9 25    a.  The council shall publish a notice of the referendum
  9 26 for a period of not less than five days in at least one
  9 27 newspaper of general circulation in the state and for a
  9 28 similar period in other newspapers as prescribed by the
  9 29 council.  The notice shall state the voting places, period of
  9 30 time for voting, manner of voting, and other information
  9 31 deemed necessary by the council.  A referendum shall not be
  9 32 commenced until five days after the last date of publication.
  9 33    b.  Upon signing a statement certifying to the council that
  9 34 a producer is an eligible voter, the producer is entitled to
  9 35 one vote in each referendum conducted pursuant to this
 10  1 section.  In order to be an eligible voter under this section,
 10  2 a producer must be a qualified producer who paid an assessment
 10  3 in the year in which the referendum is held.  The council may
 10  4 conduct the referendum by mail, electronic means, or a general
 10  5 meeting of eligible voters.  The council shall conduct the
 10  6 referendum and count and tabulate the ballots filed during the
 10  7 referendum within thirty days following the close of the
 10  8 referendum.
 10  9    (1)  If a majority of eligible voters who vote in the
 10 10 referendum approve the continuation of the council and the
 10 11 imposition of the assessment, the council and the imposition
 10 12 of the assessment shall continue as provided in this chapter.
 10 13    (2)  If a majority of eligible voters who vote in the
 10 14 referendum do not approve continuing the council and the
 10 15 imposition of the assessment, the department shall terminate
 10 16 the collection of the assessment on the first day of the year
 10 17 for which the referendum was to continue.  The department
 10 18 shall terminate the activities of the council in an orderly
 10 19 manner as soon as practicable after the referendum.  A
 10 20 subsequent referendum may be held as provided in section
 10 21 184A.1A.  However, the subsequent referendum shall not be held
 10 22 within one hundred eighty days from the date of the last
 10 23 referendum.
 10 24    Sec. 11.  NEW SECTION.  184A.12A  REFERENDUM CONDUCTED TO
 10 25 ABOLISH THE COUNCIL AND TERMINATE THE IMPOSITION OF THE
 10 26 ASSESSMENT.
 10 27    1.  A referendum may be called to abolish the council
 10 28 established pursuant to sections 184A.1A and 184A.1B, and to
 10 29 terminate the imposition of the assessment established
 10 30 pursuant to section 184A.2.  The department shall call and
 10 31 conduct the referendum upon the department's receipt of a
 10 32 petition requesting the referendum.  The petition must be
 10 33 signed by at least twenty eligible voters or fifty percent of
 10 34 all eligible voters, whichever is greater.  In order to be an
 10 35 eligible voter under this section, a producer must be a
 11  1 qualified producer who paid an assessment in the year in which
 11  2 the referendum is held.  The referendum shall be conducted by
 11  3 election within sixty days following receipt of the petition.
 11  4 The petitioners shall guarantee payment of the cost of the
 11  5 referendum by providing evidence of financial security as
 11  6 required by the department.
 11  7    2.  The following procedures shall apply to a referendum
 11  8 conducted pursuant to this section:
 11  9    a.  The department shall publish a notice of the referendum
 11 10 for a period of not less than five days in at least one
 11 11 newspaper of general circulation in the state and for a
 11 12 similar period in other newspapers as prescribed by the
 11 13 department.  The notice shall state the voting places, period
 11 14 of time for voting, manner of voting, and other information
 11 15 deemed necessary by the department.  A referendum shall not be
 11 16 commenced until five days after the last date of publication.
 11 17    b.  Upon signing a statement certifying to the department
 11 18 that a producer is an eligible voter, the producer is entitled
 11 19 to one vote in each referendum conducted pursuant to this
 11 20 section.  The department may conduct the referendum by mail,
 11 21 electronic means, or a general meeting of eligible voters.
 11 22 The department shall conduct the referendum and count and
 11 23 tabulate the ballots filed during the referendum within thirty
 11 24 days following the close of the referendum.
 11 25    (1)  If a majority of eligible voters who vote in the
 11 26 referendum approve the continuation of the council and the
 11 27 imposition of the assessment, the council and the imposition
 11 28 of the assessment shall continue as provided in this chapter.
 11 29    (2)  If a majority of eligible voters who vote in the
 11 30 referendum do not approve continuing the council and the
 11 31 imposition of the assessment, the department shall terminate
 11 32 the collection of the assessment on the first day of the year
 11 33 for which the referendum was to continue.  The department
 11 34 shall terminate the activities of the council in an orderly
 11 35 manner as soon as practicable after the referendum.  A
 12  1 subsequent referendum may be held as provided in section
 12  2 184A.1A.  However, the subsequent referendum shall not be held
 12  3 within one hundred eighty days from the date of the last
 12  4 referendum.
 12  5    Sec. 12.  Section 184A.14, Code 1999, is amended to read as
 12  6 follows:
 12  7    184A.14  EXAMINATION OF BOOKS.
 12  8    Any person subject to the provisions of this chapter shall
 12  9 furnish, on forms provided by the council, any information
 12 10 needed to enable required by the council and secretary to
 12 11 effectuate the policies provisions of this chapter.  For the
 12 12 purpose of ascertaining the correctness of any report made to
 12 13 the council or secretary under the provisions of this In order
 12 14 to administer this chapter, the secretary council may examine
 12 15 books, papers, records, copies of tax returns, accounts,
 12 16 correspondence, contracts, or other documents and memoranda
 12 17 that it deems relevant which are in the control of any a
 12 18 person subject to this chapter and which are not otherwise
 12 19 confidential as provided by law.  The secretary council may
 12 20 hold hearings, take testimony, administer oaths, subpoena
 12 21 witnesses, and issue subpoenas duces tecum in connection with
 12 22 the administration of this chapter section.
 12 23    Sec. 13.  Section 184A.15, Code 1999, is amended to read as
 12 24 follows:
 12 25    184A.15  MISDEMEANOR.
 12 26    It is a simple misdemeanor for any A person to is guilty of
 12 27 a simple misdemeanor for willfully violate violating any
 12 28 provision of this chapter, or for any person to willfully
 12 29 render rendering or furnish furnishing a false or fraudulent
 12 30 report, statement, or record required by the council or
 12 31 secretary.
 12 32    Sec. 14.  Section 184A.17, Code 1999, is amended to read as
 12 33 follows:
 12 34    184A.17  REPORT.
 12 35    The council shall prepare and submit a report summarizing
 13  1 the activities of the council under this chapter each year to
 13  2 the auditor of state and the secretary of agriculture.  The
 13  3 report shall show all income, expenses, and other relevant
 13  4 information concerning fees assessments collected and expended
 13  5 under the provisions of this chapter.
 13  6    Sec. 15.  Section 184A.18, Code 1999, is amended to read as
 13  7 follows:
 13  8    184A.18  NOT A STATE AGENCY.
 13  9    The Iowa turkey marketing council shall is not be a state
 13 10 agency.
 13 11    Sec. 16.  Section 184A.19, Code 1999, is amended to read as
 13 12 follows:
 13 13    184A.19  DEFICIT SPENDING NOT AUTHORIZED PROHIBITED
 13 14 ACTIVITIES.
 13 15    This chapter shall not be construed to authorize the Iowa
 13 16 turkey marketing The council to operate shall not do any of
 13 17 the following:
 13 18    1.  Operate with a deficit or use deficit financing for
 13 19 administration of this chapter.
 13 20    2.  Expend moneys from the account in a manner that is not
 13 21 authorized pursuant to section 184A.6.
 13 22    3.  Become involved in supporting a political campaign or
 13 23 issue, by making a contribution of moneys from the account,
 13 24 either directly or indirectly, to any political party or
 13 25 organization or in support of a political candidate for public
 13 26 office.  The council shall not expend the moneys to a
 13 27 political candidate including but not limited to a member of
 13 28 congress or the general assembly for honorariums, speeches, or
 13 29 for any other purposes above actual and necessary expenses.
 13 30    Sec. 17.  Sections 184A.5, 184A.8, 184A.11, 184A.13, and
 13 31 184A.16, Code 1999, are repealed.
 13 32    Sec. 18.  EFFECT OF THIS ACT – TRANSITION.  This Act shall
 13 33 not require a referendum as provided in section 184A.1A, as
 13 34 amended by this Act.  This Act does not modify when a
 13 35 referendum must be conducted as provided in section 184A.12,
 14  1 Code 1999.  The Iowa turkey marketing council shall establish
 14  2 the rate of assessment as provided in section 184A.2, as
 14  3 amended by this Act.
 14  4    Sec. 19.  EFFECTIVE DATE.  This Act, being deemed of
 14  5 immediate importance, takes effect upon enactment.  
 14  6                           EXPLANATION
 14  7    This bill amends Code chapter 184A which provides for the
 14  8 establishment of the Iowa turkey marketing council, the
 14  9 imposition of an assessment (commonly referred to as a
 14 10 checkoff) on turkeys sold to processors in this state, and the
 14 11 use of those moneys.
 14 12    Currently, turkey producers are subject to a checkoff based
 14 13 on the weight of the bird.  The rate is to be not more than
 14 14 one cent for each turkey weighing less than 10 pounds live
 14 15 weight and not more than two cents for each turkey weighing 10
 14 16 or more pounds live weight.  This bill provides that the
 14 17 council may establish different rates within a three cent
 14 18 maximum.
 14 19    Currently, producers raising more than 200 turkeys are
 14 20 subject to the assessment.  The bill provides that producers
 14 21 raising more than 5,000 turkeys are subject to the assessment.
 14 22    Currently, turkey producers must vote in a referendum to
 14 23 establish the council and checkoff.  In addition, the
 14 24 producers must continue the council and the checkoff every
 14 25 five years by voting in a referendum.  The bill uses
 14 26 procedures for establishing the council and instituting the
 14 27 checkoff and abolishing the council and terminating the
 14 28 checkoff based on provisions in Code chapter 184 governing the
 14 29 Iowa egg council.  The bill retains the referendum required to
 14 30 continue the council and assessment.  The bill uses procedures
 14 31 for conducting this referendum based on the procedures for
 14 32 establishing or abolishing the council and assessment.
 14 33    Currently, a producer may apply for a refund of checkoff
 14 34 moneys.  This bill eliminates the availability for refunds
 14 35 except in cases where the turkeys were raised out of state and
 15  1 processed in Iowa, according to the council's discretion.
 15  2    Currently, the council is composed in part of five
 15  3 representatives nominated by the Iowa turkey federation and
 15  4 appointed by the department.  This bill provides for direct
 15  5 appointment to the council by the federation's board of
 15  6 directors.  The bill provides that members of the council
 15  7 appointed to the council serve at the pleasure of the board.
 15  8    The bill rewrites and reorganizes a number of provisions in
 15  9 the chapter in order to enhance its readability, and conform
 15 10 its provisions with practice or with chapters providing
 15 11 checkoffs for other commodities.  Many of the changes are
 15 12 nonsubstantive.  For example, the bill replaces the term "fee"
 15 13 with the term "assessment".  The bill eliminates language
 15 14 regarding officers of the council.  It moves and consolidates
 15 15 provisions.  The bill also includes a number of provisions
 15 16 which are more substantive.  The bill includes provisions
 15 17 expressly setting forth the powers of the council, and
 15 18 procedures for the conduct of its meetings.  The bill forbids
 15 19 the council from expending moneys in the account in a manner
 15 20 inconsistent with the administration of the chapter, including
 15 21 supporting political campaigns or candidates.  
 15 22 LSB 1686HC 78
 15 23 da/sc/14.3
     

Text: HSB00139                          Text: HSB00141
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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