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PAG LIN
1 1 Amend Senate File 436 as follows:
1 2 #1. Page 1, by inserting before line 1 the
1 3 following:
1 4 "Section 1. Section 22.7, Code 1999, is amended by
1 5 adding the following new subsection:
1 6 NEW SUBSECTION. 38. Information revealing the
1 7 identity of a packer or a person who sells livestock
1 8 to a packer as reported to the department of
1 9 agriculture and land stewardship pursuant to section
1 10 172C.2."
1 11 #2. Page 1, by inserting after line 1 the
1 12 following:
1 13 "___. "Department" means the department of
1 14 agriculture and land stewardship."
1 15 #3. By striking page 1, line 13, through page 3,
1 16 line 14, and inserting the following:
1 17 "Sec. ___. NEW SECTION. 172C.2 PURCHASE REPORTS
1 18 – FILING.
1 19 1. A packer shall file purchase reports with the
1 20 department which include information relating to the
1 21 purchase of livestock as required by the department.
1 22 The purchase reports shall be completed in a manner
1 23 prescribed by the department. The department may
1 24 require that purchase reports be filed in an
1 25 electronic format. A packer shall file purchase
1 26 reports at times determined practicable by the
1 27 department, but not later than two business days
1 28 following the event being reported.
1 29 2. a. The information required to be reported may
1 30 include but is not limited to livestock purchased,
1 31 committed for delivery, or slaughtered. The
1 32 information may include the volume of daily purchases
1 33 and the weight, grade, and price paid for livestock,
1 34 including all premiums, discounts, or adjustments. If
1 35 livestock is purchased pursuant to contract, the
1 36 department may require that information in the
1 37 purchase report be categorized by the type of
1 38 contract. The purchase reports shall allow the
1 39 department to compare prices paid under contract with
1 40 cash market prices.
1 41 b. This section does not require that information
1 42 reported include future plans, events, or
1 43 transactions, unless provided for by contract.
1 44 3. The department may provide for the public
1 45 dissemination of information contained in purchase
1 46 reports.
1 47 a. The department may enter into an agreement with
1 48 the United States department of agriculture or any
1 49 private marketing service in order to disseminate
1 50 information contained in purchase reports.
2 1 b. The department, in consultation with the office
2 2 of attorney general, shall designate information in
2 3 purchase reports that reveals the identity of a packer
2 4 or livestock seller as confidential pursuant to
2 5 section 22.7.
2 6 Sec. . NEW SECTION. 172C.3 PURCHASE NOTICE –
2 7 POSTING.
2 8 1. a. A packer shall post a purchase notice which
2 9 includes information relating to the purchase of
2 10 livestock as required by the department. The
2 11 information contained in the purchase notice shall
2 12 include a summary of information required to be filed
2 13 in purchase reports as provided in section 172C.2.
2 14 b. This section does not require that information
2 15 contained in a purchase notice include future plans,
2 16 events, or transactions unless provided for by
2 17 contract.
2 18 2. The information contained in the purchase
2 19 notice shall appear in a format that can be understood
2 20 by a reasonable person familiar with selling
2 21 livestock. The notice shall be posted in a
2 22 conspicuous place at the point of delivery in a manner
2 23 prescribed by the department.
2 24 Sec. . NEW SECTION. 172C.4 CONFIDENTIALITY
2 25 PROVISIONS IN CONTRACTS PROHIBITED.
2 26 1. A packer shall not include a provision in a
2 27 contract executed on or after the effective date of
2 28 this section for the purchase of livestock providing
2 29 that information contained in the contract is
2 30 confidential.
2 31 2. A provision which is part of a contract for the
2 32 purchase of livestock executed on and after the
2 33 effective date of this section for the purchase of
2 34 livestock is void, if the provision states that
2 35 information contained in the contract is confidential.
2 36 The provision is void regardless of whether the
2 37 confidentiality provision is express or implied; oral
2 38 or written; required or conditional; contained in the
2 39 contract, another contract, or in a related document,
2 40 policy, or agreement. This section does not affect
2 41 other provisions of a contract or a related document,
2 42 policy, or agreement which can be given effect without
2 43 the voided provision. This section does not require
2 44 either party to the contract to divulge the
2 45 information in the contract to another person.
2 46 Sec. . NEW SECTION. 172C.5 RULES.
2 47 1. The department, in consultation with the office
2 48 of attorney general, shall adopt rules necessary in
2 49 order to administer this chapter.
2 50 2. The department may establish different rules
3 1 according to the species of livestock governing all of
3 2 the following:
3 3 a. Purchase reporting requirements pursuant to
3 4 section 172C.2.
3 5 b. Purchase notice posting requirements pursuant
3 6 to section 172C.3.
3 7 Sec. . NEW SECTION. 172C.6 ENFORCEMENT.
3 8 1. a. The attorney general's office is the
3 9 primary agency responsible for enforcing this chapter.
3 10 b. The department shall notify the attorney
3 11 general's office if the department has reason to
3 12 believe that a violation of section 172C.2 has
3 13 occurred.
3 14 2. In enforcing the provisions of this chapter,
3 15 the attorney general may do all of the following:
3 16 a. Apply to the district court for an injunction
3 17 to do any of the following:
3 18 (1) Restrain a packer from engaging in conduct or
3 19 practices in violation of this chapter.
3 20 (2) Require a packer to comply with a provision of
3 21 this chapter.
3 22 b. Apply to district court for the issuance of a
3 23 subpoena to obtain contracts, documents, or other
3 24 records for purposes of enforcing this chapter.
3 25 c. Bring an action in district court to enforce
3 26 penalties provided in this chapter, including the
3 27 imposition, assessment, and collection of monetary
3 28 penalties.
3 29 3. The attorney general shall have access to all
3 30 information reported by packers pursuant to section
3 31 172C.2, regardless of whether the information is
3 32 confidential. The attorney general may use the
3 33 information in order to enforce this chapter or may
3 34 submit the information to a federal agency.
3 35 Sec. . NEW SECTION. 172C.7 PENALTIES.
3 36 1. A packer who fails to file a timely, accurate,
3 37 or complete purchase report as required pursuant to
3 38 section 172C.2 is subject to a civil penalty of not
3 39 more than five thousand dollars. Each failure by a
3 40 packer to file a timely, accurate, or complete
3 41 purchase report constitutes a separate violation.
3 42 2. A packer who fails to post a timely, accurate,
3 43 or complete purchase notice as required pursuant to
3 44 section 172C.3 is subject to a civil penalty of not
3 45 more than one thousand dollars. Each failure by a
3 46 packer to post a timely, accurate, or complete
3 47 purchase notice constitutes a separate violation.
3 48 3. A packer who includes a confidentiality
3 49 provision in a contract with a livestock seller in
3 50 violation of section 172C.4 is guilty of a fraudulent
4 1 practice as provided in section 714.8.
4 2 Sec. . Section 714.8, Code 1999, is amended by
4 3 adding the following new subsection:
4 4 NEW SUBSECTION. 17. A packer who includes a
4 5 confidentiality provision in a contract with a
4 6 livestock seller in violation of section 172C.4.
4 7 Sec. . APPLICABILITY. A packer shall provide
4 8 purchase reports to the department of agriculture and
4 9 land stewardship as required in section 172C.2 and
4 10 shall post a purchase notice as provided in section
4 11 172C.3, as enacted in this Act, for each species of
4 12 livestock as defined in section 172C.1, as enacted in
4 13 this Act, in accordance with rules adopted by the
4 14 department governing that species.
4 15 Sec. ___. FUTURE REPEAL OF SECTIONS AND
4 16 ELIMINATION OF PROVISIONS – IMPLEMENTATION OF FEDERAL
4 17 STATUTES AND REGULATIONS.
4 18 1. Subject to subsection 2, all of the following
4 19 shall apply:
4 20 a. If the federal government implements a statute
4 21 or regulation that is substantially similar to or more
4 22 stringent than purchase reporting requirements
4 23 provided in section 172C.2 and penalties provided in
4 24 section 172C.7, subsection 1, as enacted by this Act,
4 25 all of the following shall apply:
4 26 (1) Section 172C.2 is repealed.
4 27 (2) All of the following sections are amended as
4 28 follows:
4 29 (a) Section 22.7, subsection 38, by striking the
4 30 subsection.
4 31 (b) Section 172C.5, subsection 2, paragraph "a",
4 32 by striking the paragraph.
4 33 (c) Section 172C.6, subsection 1, paragraph "b",
4 34 by striking the paragraph.
4 35 (d) Section 172C.6, subsection 3, by striking the
4 36 subsection.
4 37 (e) Section 172C.7, subsection 1, by striking the
4 38 subsection.
4 39 b. If the federal government implements a statute
4 40 or regulation that is substantially similar to or more
4 41 stringent than purchase notice requirements provided
4 42 in section 172C.3 and penalties provided in section
4 43 172C.7, subsection 2, as enacted by this Act, all of
4 44 the following shall apply:
4 45 (1) Section 172C.3 is repealed.
4 46 (2) All of the following sections are amended as
4 47 follows:
4 48 (a) Section 172C.5, subsection 2, paragraph "b",
4 49 by striking the paragraph.
4 50 (b) Section 172C.7, subsection 2, by striking the
5 1 subsection.
5 2 c. If the federal government implements a statute
5 3 or regulation that is substantially similar to or more
5 4 stringent than purchase reporting requirements and
5 5 penalties as described in paragraph "a" and purchase
5 6 notice requirements and penalties as described in
5 7 paragraph "b", section 172C.5, subsection 2, is
5 8 amended by striking the subsection.
5 9 2. Paragraph "a", "b", or "c", as provided in
5 10 subsection 1, shall become applicable only upon a
5 11 finding by the secretary of agriculture that the
5 12 federal government has implemented a statute or
5 13 regulation as provided in that specific paragraph in
5 14 accordance with an order issued by the secretary of
5 15 agriculture and filed with the secretary of state.
5 16 The secretary of agriculture shall issue an order only
5 17 after consulting with the attorney general.
5 18 3. The secretary of agriculture shall forward a
5 19 copy of an order issued under this section to all of
5 20 the following:
5 21 a. The governor.
5 22 b. The secretary of the senate and the chief clerk
5 23 of the house of representatives.
5 24 c. The attorney general.
5 25 d. The Code editor and the administrative code
5 26 editor.
5 27 4. The Code editor may recommend that any
5 28 provision of chapter 172C, as enacted in this Act, be
5 29 amended or eliminated in a Code editor's bill as
5 30 necessary in order to conform the provisions of the
5 31 chapter as provided in this section.
5 32 Sec. . EFFECTIVE DATES.
5 33 1. Except as provided in subsection 2, this Act
5 34 takes effect on July 1, 2000.
5 35 2. Section 172C.4, section 172C.6, subsection 2,
5 36 section 172C.7, subsection 3, section 714.8,
5 37 subsection 17, and this section as enacted by this
5 38 Act, being deemed of immediate importance, take effect
5 39 upon enactment."
5 40 #4. Title page, by striking lines 2 through 4 and
5 41 inserting the following: "concerning packers, by
5 42 providing for the regulation of certain purchase
5 43 information and contracting, and providing penalties
5 44 and effective dates."
5 45
5 46
5 47
5 48 JEFF ANGELO
5 49 SF 436.305 78
5 50 da/cf
Text: S03336 Text: S03338 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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