Senate Study Bill 1144

                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            AGRICULTURE BILL BY
                                            CHAIRPERSON BEHN)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act regulating the balance of competitive forces in swine and
  2    beef production by enhancing the welfare of the farming
  3    community and by preventing processors from gaining control of
  4    beef or swine production, providing for the transfer of
  5    provisions, making a penalty applicable, and providing for an
  6    effective date.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 2634XC 80
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PAG LIN

  1  1                           DIVISION I
  1  2                    REGULATION OF PROCESSORS
  1  3    Section 1.  Section 9H.1, Code 2003, is amended by adding
  1  4 the following new subsection:
  1  5    NEW SUBSECTION.  26A.  "Person" means an individual,
  1  6 business association, government or governmental subdivision
  1  7 or agency, or any other legal entity.
  1  8    Sec. 2.  Section 9H.1, subsection 29, unnumbered paragraph
  1  9 1, Code 2003, is amended to read as follows:
  1 10    "Retailer" means a person who is engaged in the business of
  1 11 selling pork products in this state, if all of the following
  1 12 apply:
  1 13    Sec. 3.  Section 9H.1, subsection 32, Code 2003, is amended
  1 14 to read as follows:
  1 15    32.  "Swine producer" means a person who owns, controls, or
  1 16 operates a swine operation in this state or who contracts for
  1 17 the care and feeding of swine in this state.
  1 18    Sec. 4.  Section 9H.2, unnumbered paragraph 1, Code 2003,
  1 19 is amended to read as follows:
  1 20    The purpose of this section is to preserve free and private
  1 21 enterprise, prevent monopoly, and also to protect consumers by
  1 22 regulating the balance of competitive forces in beef and swine
  1 23 production, by enhancing the welfare of the farming community,
  1 24 and also by preventing processors from gaining control of beef
  1 25 or swine production.
  1 26    Sec. 5.  Section 9H.2, subsection 1, paragraph b,
  1 27 subparagraph (2), Code 2003, is amended to read as follows:
  1 28    (2)  Directly or indirectly contract for the care and
  1 29 feeding of swine in this state.  However, this subparagraph
  1 30 does not apply to a cooperative association organized under
  1 31 chapter 497, 498, 499, or 501, if the cooperative association
  1 32 contracts for the care and feeding of swine with a member of
  1 33 the cooperative association who is actively engaged in
  1 34 farming.  This subparagraph does not apply to an association
  1 35 organized as a cooperative in which another cooperative
  2  1 association organized under chapter 497, 498, 499, or 501 is a
  2  2 member, if the association contracts with a member which is a
  2  3 cooperative association organized under chapter 497, 498, 499,
  2  4 or 501, which contracts for the care and feeding of swine with
  2  5 a member of the cooperative who is actively engaged in
  2  6 farming.
  2  7    Sec. 6.  Section 9H.2A, Code 2003, is amended by adding the
  2  8 following new subsection:
  2  9    NEW SUBSECTION.  0A.  A cooperative association which is a
  2 10 party to a contract for the care and feeding of swine in
  2 11 compliance with section 9H.2 prior to the effective date of
  2 12 this Act, and which is in violation of section 9H.2, as
  2 13 amended by this Act, shall have until June 30, 2005, to comply
  2 14 with section 9H.2, as amended by this Act.
  2 15    Notwithstanding any provision of this section, a
  2 16 cooperative association shall not take an action on or after
  2 17 the effective date of this Act that would be in violation of
  2 18 section 9H.2, as amended by this Act.
  2 19    Sec. 7.  Section 9H.1, subsection 28, paragraph c, Code
  2 20 2003, is amended to read as follows:
  2 21    c.  Not less than twenty=five ten percent of the swine
  2 22 slaughtered by the processor each day are purchased through
  2 23 cash or spot market purchases from sellers of swine who do not
  2 24 hold a direct or indirect interest in the processor.
  2 25    d.  The processor makes cash or spot market purchases of
  2 26 swine under the same terms and conditions from both sellers of
  2 27 swine who hold a direct or indirect interest in the processor
  2 28 and sellers of swine who do not hold a direct or indirect
  2 29 interest in the processor.  In making such cash or spot market
  2 30 purchases of swine, the processor shall not provide sellers of
  2 31 swine who hold a direct or indirect interest in the processor
  2 32 with a preference over sellers of swine who do not hold a
  2 33 direct or indirect interest in the processor.
  2 34                           DIVISION II
  2 35   TRANSFER AND ELIMINATION OF CODE PROVISIONS FOR PURPOSES OF
  3  1                      ENHANCING READABILITY
  3  2    Sec. 8.  Section 9H.1, Code 2003, is amended by adding the
  3  3 following new subsection:
  3  4    NEW SUBSECTION.  22A.  "Indirect" means to act or attempt
  3  5 to accomplish an act through an interest in a business
  3  6 association, through one or more affiliates or intermediaries,
  3  7 or by any method other than a direct approach, including by
  3  8 any circuitous or oblique method.
  3  9    Sec. 9.  NEW SECTION.  9H.3A  PENALTIES == INJUNCTIVE
  3 10 RELIEF.
  3 11    The courts of this state may prevent and restrain
  3 12 violations of this chapter through the issuance of an
  3 13 injunction.  The attorney general or a county attorney shall
  3 14 institute suits on behalf of the state to prevent and restrain
  3 15 violations of this chapter.
  3 16    Sec. 10.  Section 9H.14, Code 2003, is amended to read as
  3 17 follows:
  3 18    9H.14  DUTIES OF SECRETARY OF STATE.
  3 19    The secretary of state shall notify the attorney general
  3 20 when the secretary of state has reason to believe a violation
  3 21 of this chapter has occurred.  It is the intent of this
  3 22 section that information shall be made available to members of
  3 23 the general assembly and appropriate committees of the general
  3 24 assembly in order to determine the extent of farming
  3 25 production operations being carried out in this state by
  3 26 corporations and other business entities contract feeders and
  3 27 processors and the effect of such farming practices upon the
  3 28 economy of this state.  The reports of corporations, limited
  3 29 liability companies, limited partnerships, trusts,
  3 30 contractors, and contract feeders and processors required in
  3 31 this chapter shall be confidential reports except as to the
  3 32 attorney general for review and appropriate action when
  3 33 necessary.  The secretary of state shall assist any committee
  3 34 of the general assembly existing or established for the
  3 35 purposes of studying the effects of this chapter and the
  4  1 practices this chapter seeks to study and regulate.
  4  2    Sec. 11.  Section 10B.4A, unnumbered paragraph 1, code
  4  3 2003, is amended to read as follows:
  4  4    The secretary of state shall not prepare or distribute
  4  5 forms for reports or file reports otherwise required pursuant
  4  6 to section 9H.5A, 9I.8, or 501.103.  A person required to file
  4  7 a report pursuant to this chapter is not required to file a
  4  8 report under those sections.
  4  9    Sec. 12.  Section 331.756, subsection 33, Code 2003, is
  4 10 amended to read as follows:
  4 11    33.  Institute legal procedures on behalf of the state to
  4 12 prevent violations of the corporate or partnership farming
  4 13 laws as provided in section 9H.3 chapter 9H or 202B.
  4 14    Sec. 13.  DIRECTIONS TO CODE EDITOR.
  4 15    1.  The purpose of this section is only to enhance the
  4 16 readability of provisions of the Code, and shall not be
  4 17 construed as a measure intended to accomplish any substantive
  4 18 change in the law or its statutory construction.
  4 19    2.  The Code editor is directed to transfer provisions in
  4 20 chapter 9H to a new chapter 202B, consistent with the
  4 21 authority of the Code editor pursuant to chapter 2B, as
  4 22 follows:
  4 23    a.  For consolidation into the first subchapter of new
  4 24 chapter 202B, the following shall apply:
  4 25    (1)  The following provisions shall be transferred:
  4 26    (a)  Section 9H.2, unnumbered paragraph 1, as amended by
  4 27 this Act, which shall be codified as a new section.
  4 28    (b)  Section 9H.1, subsections 6, 8, 9, 10, 11, 12, 13, 22,
  4 29 27, 28, and 31, which shall be codified as a new section.
  4 30 Section 9H.1, subsection 26A, as enacted in this Act, shall be
  4 31 codified in the same section.  Section 9H.1, subsections 29
  4 32 and 32, as amended by this Act, shall be codified in that same
  4 33 section.
  4 34    (2)  The subsections of section 9H.1, as consolidated into
  4 35 a new section, shall be preceded by an unnumbered paragraph 1,
  5  1 stating the following:  "As used in this chapter, unless the
  5  2 context otherwise requires:".
  5  3    b.  For consolidation into the second subchapter of new
  5  4 chapter 202B, the following provisions shall be transferred:
  5  5    (1)  Section 9H.2, subsections 1 through 3, as amended by
  5  6 this Act.
  5  7    (2)  Section 9H.2A, as amended by this Act.  Section 9H.2,
  5  8 subsection 4, shall be transferred and codified as a new
  5  9 subsection in section 9H.2A as transferred.
  5 10    c.  For consolidation into the third subchapter of new
  5 11 chapter 202B, the following sections shall be transferred:
  5 12 9H.5B, 9H.9, 9H.10, and 9H.15; and section 9H.14 as amended by
  5 13 this Act.
  5 14    d.  For the consolidation into the fourth subchapter of new
  5 15 chapter 202B, the following sections shall be transferred:
  5 16 9H.3 and 9H.11.
  5 17    3.  The Code editor is directed to transfer section 9H.6 to
  5 18 chapter 10B.
  5 19    4.  In consolidating and transferring provisions, the Code
  5 20 editor shall not provide references in the law text of a
  5 21 section of chapter 9H to new chapter 202B.
  5 22    Sec. 14.  Section 9H.5A, Code 2003, is repealed.
  5 23                          DIVISION III
  5 24                    MISCELLANEOUS PROVISIONS
  5 25    Sec. 15.  SEVERABILITY.  If any provision of section 9H.2,
  5 26 or the application of that section, to any person or
  5 27 circumstance is held invalid, the invalidity does not affect
  5 28 other provisions of section 9H.2 or any other provision in
  5 29 chapter 9H or 202B as those provisions existed prior to the
  5 30 effective date of this Act, which shall be given effect
  5 31 without the invalid provision or application, and to this end,
  5 32 the provisions of this Act are severable.  This section shall
  5 33 not affect the transfer of provisions of chapter 9H as
  5 34 provided in this Act.
  5 35    Sec. 16.  EFFECTIVE DATE.  This Act, being deemed to
  6  1 immediate importance, takes effect upon enactment.
  6  2                           EXPLANATION
  6  3    This bill amends provisions in Code chapter 9H (Iowa's
  6  4 corporate farming law), which in part provides for the
  6  5 regulation of beef and pork processors that exercise control
  6  6 over cattle or swine operations.
  6  7    BACKGROUND.  During the 2002 Legislative Session, the
  6  8 general assembly enacted Senate File 2309 (2002 Iowa Acts,
  6  9 chapter 1095) which amended a number of Code provisions,
  6 10 including Code section 9H.2.  The stated purpose of that
  6 11 section is to preserve free and private enterprise, prevent
  6 12 monopoly, and protect consumers.  The 2002 legislation
  6 13 expanded the section's provisions which, with some exceptions,
  6 14 has prohibited a processor from owning, controlling, or
  6 15 operating cattle and swine operations since 1975, and has
  6 16 prohibited a processor from contracting for the care and
  6 17 feeding of swine since 1988.  The legislation is currently
  6 18 subject to constitutional litigation.
  6 19    DIVISION I.  The division provides a definition of "person"
  6 20 which specifically includes business associations as defined
  6 21 in Senate File 2309.  In other respects the definition is
  6 22 similar to the definition found in Code section 4.1, which
  6 23 provides for general definitions of words used throughout the
  6 24 Code.
  6 25    The division amends a number of provisions created in
  6 26 Senate File 2309 which refer to retailers and swine producers
  6 27 engaged in business operations.  The bill strikes references
  6 28 to business being carried out "in this state".  The bill
  6 29 amends the purposes language of Code section 9H.2 by providing
  6 30 for how regulation is to be accomplished (regulating the
  6 31 balance of competitive forces in beef and swine production, by
  6 32 enhancing the welfare of the farming community, and by
  6 33 preventing processors from gaining control of beef or swine
  6 34 production).
  6 35    The division strikes a provision which allows cooperative
  7  1 associations to directly and indirectly contract for the care
  7  2 and feeding of swine in this state.  The division provides
  7  3 that a person who is a party to such a contract that is in
  7  4 compliance with the law prior to the bill's effective date has
  7  5 until June 30, 2005, to comply with the bill's provisions.  A
  7  6 processor who violates Code section 9H.2 is subject to a civil
  7  7 penalty of not more than $25,000.  Each day a violation
  7  8 continues is considered a separate offense.
  7  9    The division amends a provision enacted in Senate File 2309
  7 10 creating a definition of a qualified processor.  Senate File
  7 11 2309 provides a special exception for swine producers who hold
  7 12 a threshold interest in a qualified processor, as long as the
  7 13 swine producer's threshold interest is not more than 10
  7 14 percent and the swine producer is not engaged in processing.
  7 15 One requirement for a processor to be qualified is that not
  7 16 less than 25 percent of the swine slaughtered by the processor
  7 17 each day must be purchased through cash or spot market
  7 18 purchases.  The bill reduces the percentage of required cash
  7 19 or spot market purchases to 10 percent.  The bill provides
  7 20 that cash or spot market purchases must be made, under the
  7 21 same terms and conditions, from both sellers of swine who hold
  7 22 a direct or indirect interest in the processor and sellers of
  7 23 swine who do not hold a direct or indirect interest in the
  7 24 processor.  The bill provides that the qualified processor
  7 25 cannot provide sellers of swine who hold a direct or indirect
  7 26 interest in the processor with a preference over sellers of
  7 27 swine who do not hold a direct or indirect interest in the
  7 28 processor.
  7 29    DIVISION II.  The division directs the Code editor to
  7 30 transfer provisions of the bill, along with other provisions
  7 31 of Code chapter 9H, into a new Code chapter.  As part of this
  7 32 process the division creates new sections which repeat current
  7 33 provisions providing for penalties and injunctive relief which
  7 34 will be transferred to the new chapter.
  7 35    The bill repeals Code section 9H.5A which has been replaced
  8  1 by Code section 10B.4, enacted in 1998.  Code section 9H.5A
  8  2 has been suspended since that time.
  8  3    DIVISION III.  The division includes a severability clause
  8  4 which is redundant to Code section 4.12.
  8  5    The bill takes effect upon enactment.
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