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Senate File 2301

Partial Bill History

Bill Text

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" means a person an 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 6064SV 78
  2 24 da/cf/24
     

Text: SF02300                           Text: SF02302
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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