Text: S03336 Text: S03338 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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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