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 inparagraph "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 20b.3. Notwithstanding the provisions ofparagraph "a"1 21 subsection 2,aall 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 73.4. 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,orthe 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 thanfiftyfive thousand dollars or for more than 2 28three hundredtwenty=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