House File 2475

PAG LIN

  1  1                                    HOUSE FILE 2475
  1  2
  1  3                             AN ACT
  1  4 RELATING TO PERSONS DOING BUSINESS AS SWINE DEALERS AND
  1  5    PERSONS ENGAGED IN THE BUSINESS OF BUYING OR SELLING FEEDER
  1  6    PIGS AND PROVIDING AN EFFECTIVE DATE.
  1  7
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9
  1 10    Section 1.  Section 163.61, subsections 2 and 3, Code 2003,
  1 11 are amended to read as follows:
  1 12    2.  a.  Except as provided in paragraph "b" subsection 3, a
  1 13 person violating a provision of this chapter, or a rule
  1 14 adopted pursuant to this chapter, shall be subject to a civil
  1 15 penalty of at least one hundred dollars but not more than one
  1 16 thousand dollars.  In the case of a continuing violation, each
  1 17 day of the continuing violation is a separate violation.
  1 18 However, a person shall not be subject to a civil penalty
  1 19 totaling more than twenty=five thousand dollars.
  1 20    b. 3.  Notwithstanding the provisions of paragraph "a"
  1 21 subsection 2, a all of the following apply:
  1 22    a.  A person who falsifies a health certificate,
  1 23 veterinarian inspection certificate, or certificate of
  1 24 inspection shall be subject to a civil penalty of not more
  1 25 than five thousand dollars for each reference to an animal
  1 26 falsified on the certificate.  However, a person who falsifies
  1 27 a certificate of inspection issued pursuant to chapter 166D
  1 28 shall be subject to a civil penalty as provided in this
  1 29 section or section 166D.16, but not both.  A person shall not
  1 30 be subject to a civil penalty totaling more than twenty=five
  1 31 thousand dollars for falsifying a certificate, regardless of
  1 32 the number of animals falsified on the certificate.
  1 33    b.  A person required to be licensed as a dealer pursuant
  1 34 to section 163.30 and who is not issued a license by the
  1 35 department pursuant to that section, but does business as a
  2  1 dealer, shall be subject to a civil penalty of at least one
  2  2 thousand dollars but not more than five thousand dollars.
  2  3 Each day that the person does business as a dealer without
  2  4 being issued a license constitutes a separate offense.  A
  2  5 person shall not be subject to a civil penalty totaling more
  2  6 than twenty=five thousand dollars during any one year.
  2  7    3. 4.  Moneys collected from civil penalties shall be
  2  8 deposited into the general fund of the state.
  2  9    Sec. 2.  Section 202C.1, subsection 4, Code Supplement
  2 10 2003, is amended to read as follows:
  2 11    4.  "Financial institution" means a bank or savings and
  2 12 loan association authorized by this state or by the laws of
  2 13 the United States, which is a member of the federal deposit
  2 14 insurance corporation, or the federal savings and loan
  2 15 insurance corporation, or the national bank for cooperatives
  2 16 established in the Agricultural Credit Act, Pub. L. No. 100=
  2 17 233.
  2 18    Sec. 3.  Section 202C.2, subsection 3, Code Supplement
  2 19 2003, is amended to read as follows:
  2 20    3.  The amount of the evidence of financial responsibility
  2 21 shall be established by rules which shall be adopted by the
  2 22 department.  Unless the department otherwise has good cause,
  2 23 the rules shall be based upon the volume of sales reported by
  2 24 the dealer to the United States department of agriculture
  2 25 grain inspection, packers and stockyards administration.
  2 26 However, the evidence of financial responsibility shall not be
  2 27 for less than fifty five thousand dollars or for more than
  2 28 three hundred twenty=five thousand dollars.  The department
  2 29 may increase the amount of the evidence of financial
  2 30 responsibility for a dealer upon a showing of good cause.
  2 31    Sec. 4.  Section 202C.3, Code Supplement 2003, is amended
  2 32 by adding the following new subsection:
  2 33    NEW SUBSECTION.  3.  A legal action brought by a purchaser
  2 34 against the surety on the bond or the issuer of the
  2 35 irrevocable letter of credit shall be brought not later than
  3  1 one hundred eighty days after the date that the dealer
  3  2 delivers the feeder pigs to the purchaser pursuant to the
  3  3 sales agreement.
  3  4    Sec. 5.  IMPLEMENTATION.  In implementing this Act, the
  3  5 department may adopt rules pursuant to section 17A.4,
  3  6 subsection 2, and section 17A.5, subsection 2, paragraph "b".
  3  7    Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of
  3  8 immediate importance, takes effect upon enactment.
  3  9
  3 10
  3 11                                                             
  3 12                               CHRISTOPHER C. RANTS
  3 13                               Speaker of the House
  3 14
  3 15
  3 16                                                             
  3 17                               JEFFREY M. LAMBERTI
  3 18                               President of the Senate
  3 19
  3 20    I hereby certify that this bill originated in the House and
  3 21 is known as House File 2475, Eightieth General Assembly.
  3 22
  3 23
  3 24                                                             
  3 25                               MARGARET THOMSON
  3 26                               Chief Clerk of the House
  3 27 Approved                , 2004
  3 28
  3 29
  3 30                            
  3 31 THOMAS J. VILSACK
  3 32 Governor