Text: SF02175 Text: SF02177 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 202.1, Code Supplement 1999, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 1A. "Agricultural producer" means a 1 4 person who produces a commodity. 1 5 Sec. 2. Section 202.1, subsection 6, Code Supplement 1999, 1 6 is amended to read as follows: 1 7 6. "Contract producer" meansa personan agricultural 1 8 producer who holds a legal interest in a contract operation 1 9 and who produces a commodity at the contract producer's 1 10 contract operation under a production contract executed 1 11 pursuant to section 202.2. 1 12 Sec. 3. NEW SECTION. 202.3A FREE ASSOCIATION. 1 13 1. A contractor shall not act or attempt to act in a 1 14 coercive or retaliatory manner that restricts a contract 1 15 producer from associating with persons, including but not 1 16 limited to communicating with another agricultural producer or 1 17 affiliating with an organization whose members are 1 18 agricultural producers. 1 19 2. Any provision in a contract executed between a contract 1 20 producer and a contractor, including a production contract, is 1 21 void if the provision restricts a contract producer from 1 22 associating with persons, including but not limited to 1 23 communicating with another agricultural producer or 1 24 affiliating with an organization whose members are 1 25 agricultural producers. 1 26 Sec. 4. Section 202.5, Code Supplement 1999, is amended by 1 27 adding the following new unnumbered paragraph: 1 28 NEW UNNUMBERED PARAGRAPH. A contractor who acts or 1 29 attempts to act in a coercive or retaliatory manner in 1 30 violation of section 202.3A is guilty of a aggravated 1 31 misdemeanor. 1 32 EXPLANATION 1 33 In 1999, the general assembly enacted House File 322 (1999 1 34 Iowa Acts, ch. 169) which provided for the production and 1 35 purchasing of agricultural commodities by regulating the 2 1 relationship between a contractor and a contract producer. A 2 2 contractor is a person who contracts with an agricultural 2 3 producer to produce a commodity on property held by the 2 4 agricultural producer. The agricultural producer is referred 2 5 to as a contract producer. The contract is referred to as a 2 6 production contract and commodity means crops, raw milk, and 2 7 livestock. 2 8 This bill creates a new Code section which prohibits a 2 9 contractor from acting or attempting to act in a coercive or 2 10 retaliatory manner that restricts a contract producer from 2 11 associating with persons including communicating with other 2 12 agricultural producers or affiliating with agricultural 2 13 producer organizations. The bill provides that any provision 2 14 in a contract executed between a contract producer and a 2 15 contractor is void if the provision restricts a contract 2 16 producer from associating with such persons. 2 17 The bill also provides that a contractor who acts or 2 18 attempts to act in a coercive or retaliatory manner in 2 19 violation of the bill's prohibition is guilty of an aggravated 2 20 misdemeanor. An aggravated misdemeanor is punishable by 2 21 confinement for no more than two years and a fine of at least 2 22 $500 but not more than $5,000. 2 23 LSB 6064XS 78 2 24 da/cf/24
Text: SF02175 Text: SF02177 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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