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PAG LIN 1 1 SENATE FILE 524 1 2 1 3 AN ACT 1 4 PROVIDING ASSISTANCE REGARDING THE DEVELOPMENT OF GRAPES AND 1 5 WINE AND PROVIDING FOR TAX REVENUE AND AN APPROPRIATION. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 123.183, Code 2001, is amended to read 1 10 as follows: 1 11 123.183 WINE GALLONAGE TAX AND RELATED FUNDS. 1 12 1. In addition to the annual permit fee to be paid by each 1 13 class "A" wine permittee,therea wine gallonage tax shall be 1 14 levied and collected from each class "A" wine permittee on all 1 15 wine manufactured for sale and sold in this state at wholesale 1 16 and on all wine imported into this state for sale at wholesale 1 17 and sold in this state at wholesale, a. The rate of the wine 1 18 gallonage taxofis one dollar and seventy-five cents for 1 19everyeach wine gallonand a like. The same rate shall apply 1 20 for the fractional parts of a wine gallon.AThe wine 1 21 gallonage tax shall not be levied or collected on wine sold by 1 22 one class "A" wine permittee to another class "A" wine 1 23 permittee. 1 24 2. a. Revenuederivedcollected from the wine gallonage 1 25 taxcollectedon wine manufactured for sale and sold in this 1 26 state shall be deposited in the wine gallonage tax fundhereby1 27 as created in this section. 1 28 b. A wine gallonage tax fund is created in the office of 1 29 the treasurer of state. Moneys deposited inthe gallonage tax1 30 the fund are appropriated to the department of economic 1 31 development as provided in section 15E.117. Moneys in the 1 32 fundshall not revert to the general fund of the state without1 33a specific appropriation by the general assemblyare not 1 34 subject to section 8.33. 1 35 3.All otherThe revenue collected from the wine gallonage 2 1 tax on wine imported into this state for sale at wholesale and 2 2 sold in this state at wholesale shall be deposited as follows: 2 3 a. The revenue actually collected during each fiscal year 2 4 from the wine gallonage tax on wine imported into this state 2 5 at wholesale and sold in this state at wholesale that is in 2 6 excess of the revenue estimated to be collected from such tax 2 7 as last agreed to by the state revenue estimating conference 2 8 during the previous fiscal year as provided in section 8.22A 2 9 shall be deposited in the grape and wine development fund as 2 10 created in section 159B.5. However, not more than seventy- 2 11 five thousand dollars from such tax shall be deposited into 2 12 the grape and wine development fund during any fiscal year. 2 13 b. The remaining revenuederivedcollected from the wine 2 14 gallonage tax on wine imported into this state for sale at 2 15 wholesale and sold in this state at wholesale shall be 2 16 deposited in the liquor control fundestablished bycreated in 2 17 section 123.53and shall be transferred by the director of2 18revenue and finance to the general fund of the state. 2 19 Sec. 2. NEW SECTION. 159B.1 DEFINITIONS. 2 20 1. "Commission" means the grape and wine development 2 21 commission as established pursuant to section 159B.2. 2 22 2. "Department" means the department of agriculture and 2 23 land stewardship. 2 24 3. "Fund" means the grape and wine development fund 2 25 created pursuant to section 159B.5. 2 26 4. "Grower" means a person who owns a vineyard and is 2 27 actively engaged in growing grapes on a commercial basis in 2 28 this state for use by a winery. 2 29 5. "Retail seller" means a person actively engaged in the 2 30 business of selling wine in this state on a retail basis. 2 31 6. "Vineyard" means a tract of land used for growing 2 32 grapes used in making wine. 2 33 7. "Wine" means the same as defined in section 123.3. 2 34 8. "Winemaker" means a person who owns a winery and is 2 35 actively engaged in producing wine in this state on a 3 1 commercial basis. 3 2 9. "Winery" means a commercial operation using grapes for 3 3 the production of wine on a commercial basis. 3 4 Sec. 3. NEW SECTION. 159B.2 GRAPE AND WINE DEVELOPMENT 3 5 COMMISSION. 3 6 1. A grape and wine development commission is established 3 7 within the department. The commission shall be composed of 3 8 the following persons: 3 9 a. The following persons, or their designees, who shall 3 10 serve as nonvoting, ex officio members: 3 11 (1) The secretary of agriculture. 3 12 (2) The dean of the college of agriculture of Iowa state 3 13 university of science and technology. 3 14 (3) The director of the department of economic 3 15 development. 3 16 (4) The director of the department of natural resources. 3 17 b. The following persons appointed by the secretary of 3 18 agriculture, who shall serve as voting members: 3 19 (1) Two growers. 3 20 (2) Two winemakers. 3 21 (3) One retail seller. 3 22 The secretary of agriculture shall appoint the voting 3 23 members based on a list of nominations submitted by 3 24 organizations representing growers, winemakers, and retail 3 25 sellers as certified by the department according to 3 26 requirements of the department. Appointments of voting 3 27 members are subject to the requirements of sections 69.16 and 3 28 69.16A. In addition, the appointments shall be geographically 3 29 balanced. Unless the secretary of agriculture determines that 3 30 it is not feasible, at least one person appointed as a voting 3 31 member shall reside in each of the state's congressional 3 32 districts at the time of appointment. The secretary of 3 33 agriculture's appointees shall be confirmed by the senate, 3 34 pursuant to section 2.32. 3 35 2. The voting members shall serve three-year terms 4 1 beginning and ending as provided in section 69.19. However, 4 2 the secretary of agriculture shall appoint initial members to 4 3 serve for less than three years to ensure members serve 4 4 staggered terms. A member is eligible for reappointment. A 4 5 vacancy on the commission shall be filled for the unexpired 4 6 portion of the regular term in the same manner as regular 4 7 appointments are made. 4 8 3. The commission shall elect a chairperson from among its 4 9 voting members each year on a rotating basis as provided by 4 10 the commission. The commission shall meet on a regular basis 4 11 and at the call of the chairperson or upon the written request 4 12 to the chairperson of two or more voting members. 4 13 4. Members are not entitled to receive compensation or 4 14 reimbursement of expenses from the department as otherwise 4 15 provided in section 7E.6. 4 16 5. Three voting members constitute a quorum and the 4 17 affirmative vote of a majority of the voting members present 4 18 is necessary for any substantive action to be taken by the 4 19 commission. The majority shall not include any member who has 4 20 a conflict of interest and a statement by a member that the 4 21 member has a conflict of interest is conclusive for this 4 22 purpose. A vacancy in the membership does not impair the 4 23 duties of the commission. 4 24 Sec. 4. NEW SECTION. 159B.3 ADMINISTRATION. 4 25 1. The department shall administer this chapter and shall 4 26 do all of the following: 4 27 a. Establish and administer grape and wine development 4 28 programs as provided in section 159B.4 and account for and 4 29 expend moneys from the grape and wine development fund created 4 30 pursuant to section 159B.5. 4 31 b. Report to the commission regarding the status of grape 4 32 and wine development, including information regarding persons 4 33 receiving assistance under grape and wine development programs 4 34 as provided in section 159B.4 and the status of the grape and 4 35 wine development fund as provided in section 159B.5. 5 1 c. Provide facilities for the commission to meet and carry 5 2 out its powers and duties as provided in this section, 5 3 including by staffing commission meetings. 5 4 d. Adopt all rules necessary to administer this chapter. 5 5 2. The grape and wine development commission shall oversee 5 6 the administration of this chapter by the department and shall 5 7 do all of the following: 5 8 a. Monitor conditions, practices, policies, and programs 5 9 affecting the grape and wine development in this state. 5 10 b. Establish mutually beneficial relationships with local, 5 11 state, and federal governmental agencies and local, regional, 5 12 and national associations representing growers and winemakers. 5 13 c. Contract with a viticulturist or oenologist to provide 5 14 technical assistance under grape and wine development programs 5 15 as provided in section 159B.4. 5 16 d. Approve or disapprove applications for financial 5 17 assistance under grape and wine development programs as 5 18 provided in section 159B.4, after departmental review and 5 19 recommendation and in accordance with rules adopted pursuant 5 20 to this chapter. The department shall adopt rules for 5 21 awarding moneys to persons submitting proposals, including 5 22 procedures for submitting applications and criteria for 5 23 selecting proposals. 5 24 e. Approve rules proposed by the department for adoption 5 25 pursuant to chapter 17A required for the administration of 5 26 this chapter. 5 27 Sec. 5. NEW SECTION. 159B.4 GRAPE AND WINE DEVELOPMENT 5 28 PROGRAMS. 5 29 The department in cooperation with the commission shall 5 30 establish grape and wine development programs, by assisting 5 31 persons in establishing, improving, or expanding vineyards or 5 32 winemaking operations, including wineries. To every extent 5 33 feasible, the programs shall provide assistance to persons 5 34 located in all regions of the state. The programs may provide 5 35 for all of the following: 6 1 1. Technical assistance which may include all the 6 2 following: 6 3 a. Viticultural assistance in order to increase the size 6 4 of vineyards, improve yield, and enhance the character, 6 5 composition, and condition of grapes. The department may 6 6 provide technical assistance regarding the selection and 6 7 management of vines suitable for regions of this state; 6 8 cultivation and harvest practices; the implementation of 6 9 practices designed to improve grape growing based on soil 6 10 types, nutrients and minerals, space, climate, and drainage; 6 11 the use of recommended varieties of native or hybrid 6 12 cultivars; and disease, weed, and pest control, including the 6 13 safe and effective application of pesticides or herbicides or 6 14 the use of organic practices. 6 15 b. Oenological assistance which may be based on 6 16 oenological study in order to produce, preserve, and transport 6 17 commercially viable wines, including high-quality wines, wines 6 18 adapted to particular regions of the state, and wines with 6 19 distinctive tastes produced from native or hybrid cultivars. 6 20 The technical assistance may include assistance regarding 6 21 improving practices or constructing facilities designed to 6 22 expand or improve processing, cellarage, or bottling. 6 23 2. Financial assistance which shall be in the form of a 6 24 loan, forgivable loan, loan guarantee, cost share, 6 25 indemnification of costs, or any combination of such financing 6 26 as deemed appropriate by the commission. The financial 6 27 assistance may be awarded to persons beginning or engaged in 6 28 grape growing or winemaking, based on a sound business plan 6 29 that demonstrates the viability of the proposed operations. 6 30 Sec. 6. NEW SECTION. 159B.5 GRAPE AND WINE DEVELOPMENT 6 31 FUND. 6 32 1. A grape and wine development fund is created in the 6 33 state treasury under the control of the department. The fund 6 34 is composed of moneys appropriated by the general assembly and 6 35 moneys available to and obtained or accepted by the department 7 1 from the United States or private sources for placement in the 7 2 fund. The fund shall include moneys deposited into the fund 7 3 from the wine gallonage tax as provided in section 123.183. 7 4 2. Moneys in the fund are appropriated to the department 7 5 exclusively to carry out grape and wine development programs 7 6 as provided in section 159B.4, including contracting with a 7 7 viticulturist or oenologist to provide technical assistance 7 8 and to provide financial assistance to growers and winemakers 7 9 as provided in that section. 7 10 3. Section 8.33 shall not apply to moneys in the fund. 7 11 Notwithstanding section 12C.7, moneys earned as income or 7 12 interest from the fund shall remain in the fund until expended 7 13 as provided in this section. 7 14 7 15 7 16 7 17 MARY E. KRAMER 7 18 President of the Senate 7 19 7 20 7 21 7 22 BRENT SIEGRIST 7 23 Speaker of the House 7 24 7 25 I hereby certify that this bill originated in the Senate and 7 26 is known as Senate File 524, Seventy-ninth General Assembly. 7 27 7 28 7 29 7 30 MICHAEL E. MARSHALL 7 31 Secretary of the Senate 7 32 Approved , 2001 7 33 7 34 7 35 8 1 THOMAS J. VILSACK 8 2 Governor
Text: SF00523 Text: SF00525 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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