Text: S03352 Text: S03354 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, S-3337, to Senate File 436, as
1 2 follows:
1 3 #1. Page 1, line 10, by striking the figure
1 4 "172C.2" and inserting the following: "172C.3".
1 5 #2. Page 1, by inserting after line 16 the
1 6 following:
1 7 ""Section . NEW SECTION. 172C.2 PRICE
1 8 DISCRIMINATION – PROHIBITION.
1 9 1. Except as provided in subsection 2, a packer
1 10 purchasing or soliciting livestock or executing a
1 11 contract for the purchase of livestock shall not
1 12 discriminate in the price paid or offered to be paid
1 13 to sellers of that livestock.
1 14 2. Subsection 1 shall not apply if all of the
1 15 following requirements are met:
1 16 a. The price difference is based on criteria
1 17 established by rules adopted by the department in
1 18 consultation with the office of attorney general. The
1 19 rules shall permit differential pricing based on any
1 20 of the following:
1 21 (1) Carcass merit, including the quality of the
1 22 carcass and premium characteristics associated with
1 23 the livestock which may include its breed.
1 24 (2) Actual and quantifiable costs related to
1 25 transporting and acquiring of the livestock by the
1 26 packer.
1 27 (3) An agreement for the delivery of livestock at
1 28 a specified date or time. The specified date or time
1 29 must occur during a period in which the supply of
1 30 livestock cannot meet existing slaughter capacity.
1 31 b. After making a differential payment to a
1 32 seller, the packer publishes information relating to
1 33 the differential pricing as provided in paragraph "a",
1 34 and that the packer offers to purchase livestock or
1 35 execute a contract for the purchase of livestock
1 36 according to the same terms and conditions offered to
1 37 other sellers under a differential pricing
1 38 arrangement.
1 39 3. A packer shall provide all sellers with the
1 40 same terms and conditions offered to a seller who
1 41 receives a differential price based on any of the
1 42 criteria described in subsection 2, paragraph "a".
1 43 4. An agreement made by a packer in violation of
1 44 this section is voidable.
1 45 5. A packer acting in violation of this section is
1 46 guilty of a fraudulent practice as provided in chapter
1 47 714.
1 48 6. Any person injured by a violation of this
1 49 section may bring an action in district court to
1 50 restrain a packer from violating this section. A
2 1 seller who receives a discriminatory price or who is
2 2 offered only a discriminatory price for livestock
2 3 based upon a violation of this section by a packer,
2 4 has a civil cause of action against the packer and, if
2 5 successful, shall be awarded treble damages."
2 6 #3. Page 1, line 17, by striking the figure
2 7 "172C.2" and inserting the following: "172C.3".
2 8 #4. Page 2, line 6, by striking the figure
2 9 "172C.3" and inserting the following: "172C.4".
2 10 #5. Page 2, line 13, by striking the figure
2 11 "172C.2" and inserting the following: "172C.3".
2 12 #6. Page 2, line 24, by striking the figure
2 13 "172C.4" and inserting the following: "172C.5".
2 14 #7. Page 2, line 46, by striking the figure
2 15 "172C.5" and inserting the following: "172C.6".
2 16 #8. Page 3, by inserting after line 2 the
2 17 following:
2 18 " . Price disclosure requirements pursuant to
2 19 section 172C.2".
2 20 #9. Page 3, line 4, by striking the figure
2 21 "172C.2" and inserting the following: "172C.3".
2 22 #10. Page 3, line 6, by striking the figure
2 23 "172C.3" and inserting the following: "172C.4".
2 24 #11. Page 3, line 7, by striking the figure
2 25 "172C.6" and inserting the following: "172C.7".
2 26 #12. Page 3, line 12, by striking the figure
2 27 "172C.2" and inserting the following: "172C.3".
2 28 #13. Page 3, line 31, by striking the figure
2 29 "172C.2" and inserting the following: "172C.3".
2 30 #14. Page 3, line 35, by striking the figure
2 31 "172C.7" and inserting the following: "172C.8".
2 32 #15. Page 3, by inserting after line 35 the
2 33 following:
2 34 " . A packer who discriminates in prices paid
2 35 for livestock in violation of section 172C.2 is
2 36 subject to a civil penalty of not more than five
2 37 thousand dollars."
2 38 #16. Page 3, line 38, by striking the figure
2 39 "172C.2" and inserting the following: "172C.3".
2 40 #17. Page 3, line 44, by striking the figure
2 41 "172C.3" and inserting the following: "172C.4".
2 42 #18. Page 3, line 50, by striking the figure
2 43 "172C.4" and inserting the following: "172C.5".
2 44 #19. Page 4, line 6, by striking the figure
2 45 "172C.4" and inserting the following: "172C.5".
2 46 #20. Page 4, line 9, by striking the figure
2 47 "172C.2" and inserting the following: "172C.3".
2 48 #21. Page 4, line 11, by striking the figure
2 49 "172C.3" and inserting the following: "172C.4".
2 50 #22. Page 4, line 23, by striking the figure
3 1 "172C.2" and inserting the following: "172C.3".
3 2 #23. Page 4, line 24, by striking the figure
3 3 "172C.7" and inserting the following: "172C.8".
3 4 #24. Page 4, line 24, by striking the figure "1"
3 5 and inserting the following: "2".
3 6 #25. Page 4, line 26, by striking the figure
3 7 "172C.2" and inserting the following: "172C.3".
3 8 #26. Page 4, line 31, by striking the figure
3 9 "172C.5" and inserting the following: "172C.6".
3 10 #27. Page 4, line 31, by striking the word "a" and
3 11 inserting the following: "b".
3 12 #28. Page 4, line 33, by striking the figure
3 13 "172C.6" and inserting the following: "172C.7".
3 14 #29. Page 4, line 35, by striking the figure
3 15 "172C.6" and inserting the following: "172C.7".
3 16 #30. Page 4, line 37, by striking the figure
3 17 "172C.7" and inserting the following: "172C.8".
3 18 #31. Page 4, line 37, by striking the figure "1"
3 19 and inserting the following: "2".
3 20 #32. Page 4, line 42, by striking the figure
3 21 "172C.3" and inserting the following: "172C.4".
3 22 #33. Page 4, line 43, by striking the figure
3 23 "172C.7" and inserting the following: "172C.8".
3 24 #34. Page 4, line 43, by striking the figure "2"
3 25 and inserting the following: "3".
3 26 #35. Page 4, line 45, by striking the figure
3 27 "172C.3" and inserting the following: "172C.4".
3 28 #36. Page 4, line 48, by striking the figure
3 29 "172C.5" and inserting the following: "172C.6".
3 30 #37. Page 4, line 48, by striking the word "b" and
3 31 inserting the following: "c".
3 32 #38. Page 4, line 50, by striking the figure
3 33 "172C.7" and inserting the following: "172C.8".
3 34 #39. Page 4, line 50, by striking the figure "2"
3 35 and inserting the following: "3".
3 36 #40. Page 5, line 7, by striking the figure
3 37 "172C.5" and inserting the following: "172C.6".
3 38 #41. Page 5, line 35, by striking the figure
3 39 "172C.4" and inserting the following: "172C.2,
3 40 172C.5".
3 41 #42. Page 5, line 35, by striking the figure
3 42 "172C.6" and inserting the following: "172C.7".
3 43 #43. Page 5, line 36, by striking the figure
3 44 "172C.7" and inserting the following: "172C.8".
3 45 #44. Page 5, line 36, by striking the word and
3 46 figure "subsection 3" and inserting the following:
3 47 "subsections 1 and 4".
3 48 #45. Page 5, line 42, by inserting after the word
3 49 "certain" the following: "pricing practices,".
3 50 #46. Page 5, line 43, by striking the word
4 1 "information" and inserting the following:
4 2 "information,".
4 3 #47. By renumbering as necessary.
4 4
4 5
4 6
4 7 JOHN P. KIBBIE
4 8 EUGENE S. FRAISE
4 9 DENNIS H. BLACK
4 10 MARK SHEARER
4 11 SF 436.708 78
4 12 da/sc
Text: S03352 Text: S03354 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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