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PAG LIN 1 1 Section 1. Section 181.1, Code 2003, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 181.1 DEFINITIONS. 1 5 As used in this chapter, unless the context requires 1 6 otherwise: 1 7 1. "Association" means the Iowa beef cattle producers 1 8 association. 1 9 2. "Cattle" means any live domesticated bovine animal 1 10 regardless of age. 1 11 3. "Council" means the Iowa beef industry council. 1 12 4. "Federal act" means the federal Beef Promotion and 1 13 Research Act of 1985, 7 U.S.C., } 2901 et seq. 1 14 5. "Federal assessment" means an excise tax on the sale of 1 15 bovine animals imposed pursuant to the federal act. 1 16 6. "Producer" means any person who owns or acquires 1 17 ownership of cattle. However, a person shall not be 1 18 considered a producer if any of the following apply: 1 19 a. The person's only share in the proceeds of a sale of 1 20 cattle or beef is a sales commission, handling fee, or other 1 21 service fee. 1 22 b. The person acquired ownership of cattle to facilitate 1 23 the transfer of ownership of such cattle from the seller to a 1 24 third party; resold such cattle no later than ten days from 1 25 the date on which the person acquired ownership; and certified 1 26 as required by rules adopted by the council. 1 27 7. "Qualified financial institution" means a bank, credit 1 28 union, or savings and loan as defined in section 12C.1. 1 29 8. "Records" means books, papers, documents, accounts, 1 30 agreements, memoranda, electronic records of accounts, or 1 31 correspondence relating to a matter regulated under this 1 32 chapter. 1 33 9. "Secretary" means the secretary of agriculture. 1 34 10. "State assessment" means an excise tax on the sale of 1 35 cattle imposed pursuant to this chapter. 2 1 Sec. 2. Section 181.2, Code 2003, is amended to read as 2 2 follows: 2 3 181.2 DUTIES AND OBJECTS OF ASSOCIATION. 2 4 The Iowa beef cattle producers association shall do all of 2 5 the following: 2 6 1. Aid in the promotion of thebeefcattle industry of the 2 7 state. 2 8 2. Provide for practical and scientific instruction in the 2 9 breeding and raising ofbeefcattle. 2 10 3.Provide for the inspection of herds, premises,2 11appliances, methods, and feedstuffs used in the raising of2 12beef cattle.2 134.Make demonstrations in the feeding ofbeefcattle and 2 14 publish suggestions beneficial to such business. 2 155.4. Aid and promotebeefcattle feeding contests, shows, 2 16 and sales. 2 176. Publish a breeders' directory.2 187.5. Prepare an annual report of the proceedings and 2 19 expenditures of the council as provided in section 181.18B. 2 20 Sec. 3. Section 181.3, subsection 1, unnumbered paragraph 2 21 1, Code 2003, is amended to read as follows: 2 22 Anexecutive committeeIowa beef industry council of the 2 23 Iowa beef cattle producers association is created. The 2 24executive committeecouncil consists of eight members,as2 25followsincluding all of the following: 2 26 Sec. 4. Section 181.3, subsections 2 through 4, Code 2003, 2 27 are amended to read as follows: 2 28 2. The Iowa livestock auction market association shall 2 29 nominate two livestock market representatives. The secretary 2 30 of agriculture shall appoint one of the nominees or another 2 31 livestock market representative of the secretary's choiceas2 32the livestock market representative on the executive2 33committee, who shall serve at the pleasure of the secretary. 2 34 3. Theexecutive committeecouncil shall elect a 2 35 chairperson, secretary, and other officers it deems necessary. 3 1 4. Except for ex officio members, vacancies in the 3 2executive committeecouncil resulting from death, inability or 3 3 refusal to serve, or failure to meet the qualifications of 3 4 this chapter, shall be filled by theexecutive committee3 5 council. If theexecutive committeecouncil fails to fill a 3 6 vacancy, the secretaryof agricultureshall fill it. Vacancy 3 7 appointments shall be only for the remainder of the unexpired 3 8 term. 3 9 Sec. 5. Section 181.4, Code 2003, is amended to read as 3 10 follows: 3 11 181.4 EMPLOYEES OFCOMMITTEECOUNCIL. 3 12 Theexecutive committeecouncil may employ two or more 3 13 competent persons who shall devote their entire time, under 3 14 the direction of thecommitteecouncil, in carrying out the 3 15 provisions of this chapter. The salary of persons so employed 3 16 shall be set by theexecutive committeecouncil, and the 3 17 persons shall hold office at the pleasure of theexecutive3 18committeecouncil. 3 19 Sec. 6. Section 181.6A, Code 2003, is amended to read as 3 20 follows: 3 21 181.6A ELECTION OFEXECUTIVE COMMITTEECOUNCIL. 3 22 1. The Iowa beef cattle producers association shall hold 3 23 an annual meeting of producers. An election shall be held at 3 24 the annual meeting, as necessary, for election of producers to 3 25 theexecutive committeecouncil. 3 26 2. Prior to the annual meeting, theIowa beef cattle3 27producersassociation shall appoint a nominating committee. 3 28 At least sixty days prior to the annual meeting of theIowa3 29beef cattle producersassociation, the nominating committee 3 30 shall nominate two producers as candidates for each position 3 31 on theexecutive committeecouncil for which an election is to 3 32 be held. At least forty-five days prior to the annual meeting 3 33 of theIowa beef cattle producersassociation, additional 3 34 candidates may be nominated by a written petition of fifty 3 35 producers. Procedures governing the place of filing and the 4 1 contents of the petition shall be promulgated and publicized 4 2 by theexecutive committeecouncil. 4 3 3. Producers attending the annual meeting of theIowa beef4 4cattle producersassociation may vote for one nominee for each 4 5 position on theexecutive committeecouncil for which an 4 6 election is held. Producers not attending the annual meeting 4 7 of theIowa beef cattle producersassociation may vote by 4 8 absentee ballot, if the ballot is requested and mailed, with 4 9 proper postage, to theexecutive committeecouncil prior to 4 10 the annual meeting of theIowa beef cattle producers4 11 association. For each position for which an election is held, 4 12 the candidate receiving the highest number of votes shall be 4 13 elected. 4 14 4. Notice of election forexecutive committeecouncil 4 15 membership shall be given by theexecutive committeecouncil 4 16 by publication in a newspaper of general circulation in the 4 17 state and in any other reasonable manner as determined by the 4 18executive committeecouncil, and shall set forth the date, 4 19 time, and place of the annual meeting of theIowa beef cattle4 20producersassociation. Theexecutive committeecouncil shall 4 21 administer the elections, with the assistance of the secretary 4 22of agriculture. 4 23 Sec. 7. Section 181.7, Code 2003, is amended to read as 4 24 follows: 4 25 181.7 RESEARCH AND EDUCATIONAL PROGRAMS. 4 26 Theexecutive committeecouncil shallengage ininitiate, 4 27 administer, or participate in research and education programs 4 28 directed toward better and more efficient production, 4 29 marketing, and utilization of cattleand veal calvesand 4 30 products madetherefrom;from cattle. The council shall 4 31 provide for the methods and means that it determines are 4 32 necessary to further the purposes of this section including,4 33 but not limited to, publicany of the following: 4 34 1. Providing public relations and other promotion 4 35 techniques for the maintenance of present markets; make. 5 1 2. Making donations to nonprofit organizationsworking5 2towardfurthering the purposes of this section; assist. 5 3 3. Assisting in the development of new or larger markets 5 4 both domestic and foreign for cattleand veal calvesand 5 5 products madetherefromfrom cattle. 5 6 Sec. 8. Section 181.7A, Code 2003, is amended to read as 5 7 follows: 5 8 181.7ACOLLECTIONCOMMENCEMENT OF FEDERAL ASSESSMENT 5 9 SUSPENSION AND RECOMMENCEMENT OF THE STATE ASSESSMENT. 5 10 1. Prior to the commencement of the collection of the 5 11 federal assessmentpursuant to the Beef Promotion and Research5 12Act of 1985,theexecutive committeecouncil may seek 5 13 certification as a qualified state beef council within the 5 14 meaning ofthatthe federal Act.If the executive committee5 15does not receive certification as a qualified state beef5 16council it shall, if necessary to prevent collection of an5 17excise tax on beef cattle in addition to the national5 18assessment, suspend the collection of the excise tax provided5 19in this chapter. If the executive committee does suspend5 20collection of the excise tax provided in this chapter, the5 21period of that suspension terminates upon expiration of the5 22 2. The council shall suspend the state assessment upon 5 23 collection of the federal assessment. The state assessment 5 24 shall recommence upon the earlier of the following: 5 25 a. The noncollection of the federal assessmentcollected5 26pursuant to the Beef Promotion and Research Act of 1985. The 5 27 recommenced state assessment shall be imposed for a four-year 5 28 period. Its effective date shall be the first date for which 5 29 the federal assessment is not collected. 5 30 b. The passage of a special referendum pursuant to section 5 31 181.19 regardless of whether a federal assessment is being 5 32 collected. 5 33 Sec. 9. Section 181.8, Code 2003, is amended to read as 5 34 follows: 5 35 181.8EXAMINING BOOKS AND PAPERSENTERING PREMISES 6 1 EXAMINING RECORDS. 6 2 Theexecutive committee shall have power tocouncil may 6 3 authorize its agents to enter at a reasonable time upon the 6 4 premises of any purchaser charged by this chapter with 6 5 remitting the state assessment to thecommittee the excise tax6 6 council, and tocause to be examined by such agent or agents,6 7all books,examine records, documents, and other instruments 6 8bearing uponrelating to theamountcollection ofsuch excise6 9tax; provided, however, thatthe state assessment. However, 6 10 theexecutive committeecouncil must first have reasonable 6 11 grounds to believe thatall such excise taxes havethe state 6 12 assessment has not been remitted or fully accounted for, as6 13herein provided. 6 14 Theexecutive committee is authorized tocouncil may enter 6 15 into arrangements with persons purchasing cattleand veal6 16calves for slaughteroutside ofIowa on the basis provided in6 17section 181.9,this state for remitting theexcise taxstate 6 18 assessment by suchbuyerspurchasers. 6 19 Sec. 10. NEW SECTION. 181.11 RATE OF ASSESSMENT. 6 20 A state assessment imposed as provided in this chapter 6 21 shall be levied and collected from the purchaser on each sale 6 22 of cattle at a rate provided in this chapter. The state 6 23 assessment shall be imposed on any person selling cattle and 6 24 shall be deducted by the purchaser from the price paid to the 6 25 seller. The purchaser, at the time of the sale, shall make 6 26 and deliver to the seller, a separate invoice for each sale 6 27 showing the names and addresses of the seller and the 6 28 purchaser, the number of cattle sold, and the date of sale. 6 29 The purchaser shall forward the state assessment to the 6 30 council at a time prescribed by the council, but not later 6 31 than the last day of the month following the end of the prior 6 32 reporting period in which the cattle are sold. 6 33 Sec. 11. Section 181.12, Code 2003, is amended to read as 6 34 follows: 6 35 181.12 REMISSION OFTAXSTATE ASSESSMENT ON APPLICATION. 7 1 A person from whomthe excise taxa state assessment is 7 2 collected may, by written application filed with theexecutive7 3committeecouncil within sixty days after its collection, have 7 4 the amount remitted to the person by theexecutive committee7 5 council. The information that theexcise taxstate assessment 7 6 is refundable and the address of theexecutive committee7 7 council to which application for a refund may be made shall 7 8 appear on the invoice of sale form supplied by the purchaser 7 9 to the producer near the area on the form which shows the 7 10 amount of theexcise taxstate assessment paid. Theexecutive7 11committeecouncil shall furnish uniform application for refund 7 12 forms and envelopes properly addressed to theexecutive7 13committeecouncil to each purchaser charged by this chapter 7 14 with remitting theexcise taxstate assessment in sufficient 7 15 number to make the refund forms and envelopes readily 7 16 available to all producers. A purchaser charged by this 7 17 chapter with remitting theexcise taxstate assessment shall 7 18 display the application for refund forms and envelopes in a 7 19 prominent position in its place of business and make them 7 20 readily available to all producers. 7 21 Sec. 12. Section 181.13, Code Supplement 2003, is amended 7 22 to read as follows: 7 23 181.13 ADMINISTRATION OF MONEYS ORIGINATING FROM STATE 7 24 ASSESSMENT APPROPRIATION. 7 25 1. Allexcise taxes imposed and leviedstate assessments 7 26 imposed under this chapter shall be paid to and collected by 7 27 theexecutive committeecouncil and deposited with the 7 28 treasurer of state in a separate cattleand veal calf7 29 promotion fund which shall be created by the treasurer of 7 30 state. The department of administrative services shall 7 31 transfer moneys from the fund to theexecutive committee7 32 council for deposit into an account established by the 7 33executive committeecouncil in a qualified financial 7 34 institution. The department shall transfer the moneys as 7 35 provided in a resolution adopted by theexecutive committee8 1 council. However, the department is only required to transfer 8 2 moneys once during each day and only during hours when the 8 3 offices of the state are open. From the moneys collected, 8 4 deposited, and transferred to theexecutive committeecouncil, 8 5 in accordance with the provisions of this chapter, the 8 6executive committeecouncil shall first pay the costs of 8 7 referendums held pursuant to this chapter, the costs of 8 8 collection of suchexcise taxstate assessments, and the 8 9 expenses of its agentsand expenses of officers provided for8 10in section 181.5. Except as otherwise provided in section 8 11 181.19, at least ten percent of the remainingfundsmoneys 8 12 shall be remitted to theIowa beef cattle producers8 13 association in proportions determined by theexecutive8 14committeecouncil, for use in a manner not inconsistent with 8 15 section 181.7. The remaining moneys, with approval of a 8 16 majority of theexecutive committeecouncil, shall be expended 8 17 as theexecutive committeecouncil finds necessary to carry 8 18 out the provisions and purposes of this chapter. However, in 8 19 no event shall the total expenses exceed the total amount 8 20 transferred from the fund for use by theexecutive committee8 21 council. 8 22 2. All moneys deposited in the cattleand veal calf8 23 promotion fund and transferred to theexecutive committee8 24 council pursuant to this section are appropriated and shall be 8 25 used for the administration of this chapter and for the 8 26 payment of claims based upon obligations incurred in the 8 27 performance of activities and functions set forth in this 8 28 chapter. 8 29 3. If the state assessment is suspended as provided in 8 30 section 181.7A or a continuance referendum fails to pass as 8 31 provided in section 181.19A, moneys remaining in the cattle 8 32 promotion fund and transferred to the council shall continue 8 33 to be transferred and expended in accordance with the 8 34 provisions of this chapter until exhausted. 8 35 Sec. 13. Section 181.15, Code 2003, is amended to read as 9 1 follows: 9 2 181.15IMPOSITION FOR ADDITIONAL PERIODREFERENDUM 9 3 PROCEDURES. 9 4 Upon receiving a petition to conduct a referendum as 9 5 provided in section 181.19 or 181.19A, the secretary shall 9 6 conduct the referendum as follows: 9 7 1. The secretary shall provide for the publication of a 9 8 notice of the referendum for a period of not less than five 9 9 days in a newspaper of general circulation in the state and in 9 10 such other newspapers as the secretary may prescribe. The 9 11 notice of referendum shall set forth the period for voting and 9 12 the voting places for the referendum and the amount of the 9 13 state assessment. A referendum shall not be commenced prior 9 14 to fourteen days after the last day of such period of 9 15 publication. 9 16 2. Each producer upon signing a statement certifying that 9 17 the person is a bona fide producer, as defined in this9 18chapter,shall be entitled to one vote. At the close of the 9 19 referendum period, the secretary shall count and tabulate the 9 20 ballots filed during the referendum period. The ballots cast 9 21 in the referendum shall constitute complete and conclusive 9 22 evidence for use in any determination made by the secretary 9 23 under the provisions of this chapter. 9 24 3. The secretary shall tabulate the ballots to determine 9 25 whether the referendum has passed. If from such tabulation 9 26 the secretaryfindsdetermines that a majority of the total 9 27 number of producers votingfavorapproves theassessment9 28 imposition of a state assessment, theexcise tax provided for9 29in section 181.9state assessment shall belevied andimposed 9 30for an additional four years from the end of the previous9 31taxing periodas provided in section 181.11 at a rate provided 9 32 for in section 181.19. 9 33 4.The ballots thus cast shall constitute complete and9 34conclusive evidence for use in any finding made by the9 35secretary under the provisions of this chapter.The secretary 10 1 may prescribe such additional procedures as may be necessary 10 2 to conduct a referendum. 10 3In the event of the failure of any referendum provided for10 4herein to pass, a subsequent referendum may be called by the10 5secretary upon petition therefor by at least one hundred10 6producers within one hundred eighty days after the secretary's10 7determination that the prior referendum has failed. In the10 8event of failure to make such petition within said period, or,10 9the second consecutive failure of a referendum to pass, no10 10further referendum shall be conducted and the levy and10 11assessment herein created shall terminate and be of no further10 12force or effect.10 13 Sec. 14. Section 181.18B, Code 2003, is amended to read as 10 14 follows: 10 15 181.18B REPORT. 10 16The executive committeeEach year, the council shalleach10 17yearprepare and submit a report summarizing the activities of 10 18 theexecutive committeecouncil under this chapter to the 10 19 auditor of state and the secretary of agriculture. The report 10 20 shall show all income, expenses, and other relevant 10 21 information concerning fees collected and expended under this 10 22 chapter. 10 23 Sec. 15. Section 181.19, Code 2003, is amended by striking 10 24 the section and inserting in lieu thereof the following: 10 25 181.19 INITIAL AND SPECIAL REFERENDUMS. 10 26 1. The secretary shall, upon the petition of five hundred 10 27 producers, conduct an initial referendum to determine whether 10 28 a state assessment is to be imposed, at a rate established by 10 29 the council, of not to exceed fifty cents per head on all 10 30 cattle sold for any purpose. 10 31 2. The secretary shall, upon the petition of five hundred 10 32 producers, conduct a special referendum to do any of the 10 33 following: 10 34 a. Determine whether a state assessment already imposed 10 35 shall be increased to a rate, established by the council, not 11 1 to exceed one dollar per head on all cattle sold for any 11 2 purpose. 11 3 b. Determine whether a state assessment suspended pursuant 11 4 to section 181.7A is to be in addition to a federal 11 5 assessment. The state assessment shall be imposed at a rate 11 6 of fifty cents per head on all cattle sold for whatever 11 7 purpose. 11 8 3. If a referendum passes, the secretary shall establish 11 9 an effective date to commence the state assessment. However, 11 10 the state assessment must be commenced within ninety days from 11 11 the date that the secretary determines that the referendum has 11 12 passed. 11 13 4. If a special referendum to increase the rate of the 11 14 state assessment does not pass, the result of the special 11 15 referendum shall not affect the existence or length of the 11 16 state assessment in effect on the date that the special 11 17 referendum was conducted. 11 18 Sec. 16. NEW SECTION. 181.19A CONTINUANCE REFERENDUM. 11 19 1. The secretary shall, upon the petition of producers, 11 20 conduct a continuance referendum to determine whether a state 11 21 assessment should be renewed. The secretary must receive the 11 22 petition not less than one hundred fifty and not more than two 11 23 hundred forty days before the four-year anniversary of a state 11 24 assessment's effective date. The petition must be signed 11 25 within that period by a number of producers equal to or 11 26 greater than two percent of the number of producers in this 11 27 state reported in the most recent United States census of 11 28 agriculture, requesting a referendum to determine whether to 11 29 continue the state assessment. The referendum shall be 11 30 conducted not earlier than thirty days before the four-year 11 31 anniversary date of the state assessment. 11 32 2. If the secretary determines that a continuance 11 33 referendum has passed, the state assessment shall continue in 11 34 effect for four additional years from the anniversary of its 11 35 effective date. 12 1 3. If the secretary determines that the referendum has not 12 2 passed, the secretary and the council shall terminate the 12 3 assessment in an orderly manner as soon as practicable after 12 4 the determination. Another referendum shall not be held for 12 5 at least one hundred eighty days from the date that the 12 6 assessment is terminated. 12 7 4. If no valid petition for a continuance referendum is 12 8 received by the secretary within the time period provided in 12 9 this section, the state assessment shall continue in effect 12 10 for four additional years from the anniversary of its 12 11 effective date. 12 12 Sec. 17. RATE OF ASSESSMENT. If a state assessment which 12 13 has been suspended as provided in section 181.7A, as amended 12 14 by this Act, is recommenced as provided in that section, as 12 15 amended by this Act, the rate of the state assessment shall be 12 16 fifty cents per head on all cattle sold for any purpose, 12 17 unless another rate is established by referendum conducted 12 18 pursuant to section 181.19, as amended by this Act. 12 19 Sec. 18. Sections 181.9, 181.10, 181.14, and 181.16, Code 12 20 2003, are repealed. 12 21 Sec. 19. EFFECTIVE DATE. This Act, being deemed of 12 22 immediate importance, takes effect upon enactment. 12 23 EXPLANATION 12 24 This bill amends Code chapter 181, which provides for an 12 25 excise tax ("checkoff") on the sale of cattle to support 12 26 marketing, education, and research of beef products as 12 27 administered by the executive committee of the Iowa beef 12 28 cattle producers association. The state checkoff is in effect 12 29 for four years before producers may file a petition for a 12 30 reverse referendum to determine whether the state checkoff 12 31 should be continued for another four-year period. The amount 12 32 of the state checkoff is up to 50 cents per head for cattle 12 33 other than veal calves, which are assessed up to 35 cents per 12 34 head. 12 35 The Iowa checkoff, which allows for refunds, was suspended 13 1 October 1, 1986, the same day that the federal checkoff 13 2 commenced under the federal Beef Promotion and Research Act 13 3 (see 7 U.S.C. } 2901 et seq.), authorizing the United States 13 4 secretary of agriculture to promulgate a beef promotion and 13 5 research order requiring beef producers and beef importers to 13 6 pay the national checkoff. The federal beef promotion and 13 7 research order does not provide for refunds and its 13 8 constitutionality has been challenged in federal court based 13 9 on those grounds. 13 10 Substantively, the bill amends Code section 181.1, which 13 11 provides for definitions, including a definition for 13 12 "producer", which is based on the federal Act. 13 13 Code section 181.7A, which provides for the suspension of 13 14 the state checkoff once its federal counterpart has been 13 15 imposed. It also provides, consistent with current law, for 13 16 the recommencement of the state checkoff once the federal 13 17 assessment is no longer viable. The bill provides that 13 18 recommencement is triggered when the federal checkoff is no 13 19 longer being collected or producers pass a special referendum 13 20 to collect the state checkoff in addition to the federal one. 13 21 The bill also provides that if the state checkoff is 13 22 recommenced because the national checkoff is no longer being 13 23 collected, the state checkoff is to be imposed for a new four- 13 24 year period, its effective date being the first date that the 13 25 federal assessment is not collected. The bill provides that 13 26 if a special referendum passes, its effective date is a date 13 27 established by the secretary of agriculture, but within 90 13 28 days from the date that the secretary has determined the 13 29 referendum has passed. The bill eliminates the lower 13 30 assessment rate imposed on veal cattle. All cattle are 13 31 subject to the same 50 cent rate. The bill amends procedures 13 32 for petitioning for a second referendum if a continuance 13 33 referendum fails. 13 34 The bill also makes a number of changes in order to enhance 13 35 its readability. The bill changes the name of the executive 14 1 committee to the "Iowa beef industry council". It changes the 14 2 name of the excise tax from "excise tax" to "state 14 3 assessment". The bill eliminates sections which refer to 14 4 referendums which are no longer applicable and rearranges 14 5 provisions in order to enhance their readability. The bill 14 6 also eliminates Code section 181.5 which refers to 14 7 compensation paid to officers of the association. 14 8 The bill takes effect upon enactment. 14 9 LSB 5497SV 80 14 10 da/pj/5.1
Text: SF02143 Text: SF02145 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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