House File 2382 - Introduced HOUSE FILE BY FREVERT Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for an agricultural hauling assessment imposed 2 on the owners of motor trucks making deliveries to the first 3 purchasers. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5874HH 82 6 da/nh/8 PAG LIN 1 1 Section 1. NEW SECTION. 321.468 MOTOR TRUCKS == 1 2 AGRICULTURAL DELIVERY ASSESSMENT. 1 3 1. The owner of a motor truck which hauls an agricultural 1 4 commodity shall pay a delivery assessment as follows: 1 5 a. For milk or products made from the milk delivered to 1 6 the first purchaser as provided in section 179.1, the delivery 1 7 assessment shall be at the same rate as the assessment 1 8 specified in section 179.5 which shall be collected by the 1 9 first purchaser as provided in that section, regardless of 1 10 whether the assessment under chapter 179 is collected. The 1 11 moneys shall be remitted to the treasurer of state in a manner 1 12 provided by the treasurer of state. 1 13 b. For any live domesticated bovine animal regardless of 1 14 age delivered to the purchaser as provided in section 181.11, 1 15 the delivery assessment shall be at the same rate specified in 1 16 2004 Iowa Acts, chapter 1037, section 17, or the higher rate 1 17 if established by the referendum conducted pursuant to section 1 18 181.15. The delivery assessment shall be collected by the 1 19 purchaser as provided in section 181.11, regardless of whether 1 20 the assessment under chapter 181 is collected. The delivery 1 21 assessment shall be remitted to the treasurer of state in a 1 22 manner provided by the treasurer of state. 1 23 c. For sheep or wool delivered to the first purchaser as 1 24 provided in section 182.14, the delivery assessment shall be 1 25 at the same rate as the assessment specified in section 182.14 1 26 which shall be collected by the first purchaser in the same 1 27 manner as provided in that section, regardless of whether the 1 28 assessment under chapter 182 is collected. The delivery 1 29 assessment shall be remitted to the treasurer of state in a 1 30 manner provided by the treasurer of state. 1 31 d. For porcine animals and all parts of porcine animals 1 32 delivered to the first purchaser as provided in section 1 33 183A.6, the assessment shall be at the same rate as the 1 34 assessment specified in section 183A.6 which shall be 1 35 collected by the first purchaser as provided in that section, 2 1 regardless of whether the assessment under chapter 183A is 2 2 collected. The moneys shall be remitted to the treasurer of 2 3 state in a manner provided by the treasurer of state. 2 4 e. For egg products delivered to the first purchaser as 2 5 provided in section 184.3, the delivery assessment shall be at 2 6 the same rate as the assessment specified in section 184.3 or 2 7 the higher rate if established by the referendum conducted 2 8 pursuant to section 184.5. The delivery assessment shall be 2 9 collected by the first purchaser as provided in that section, 2 10 regardless of whether the assessment under chapter 184 is 2 11 collected. The moneys shall be remitted to the treasurer of 2 12 state in a manner provided by the treasurer of state. 2 13 f. For soybeans delivered to the first purchaser as 2 14 provided in section 185.23, the delivery assessment shall be 2 15 at the same rate as the state assessment specified in section 2 16 185.21 which shall be collected by the first purchaser as 2 17 provided in section 185.23, regardless of whether the 2 18 assessment under chapter 185 is collected. The moneys shall 2 19 be remitted to the treasurer of state in a manner provided by 2 20 the treasurer of state. 2 21 g. For corn delivered to the first purchaser as provided 2 22 in section 185C.23, the delivery assessment shall be at the 2 23 same rate as the state assessment specified in section 185C.21 2 24 or the higher rate if established by the referendum conducted 2 25 pursuant to section 185C.25. The delivery assessment shall be 2 26 collected by the first purchaser as provided in section 2 27 185C.23, regardless of whether the state assessment under 2 28 chapter 185C is collected. The moneys shall be remitted to 2 29 the treasurer of state in a manner provided by the treasurer 2 30 of state. 2 31 2. The moneys remitted to the treasurer of state pursuant 2 32 to this section shall be credited to the road use tax fund 2 33 created in section 312.1. 2 34 EXPLANATION 2 35 This bill provides that the owner of a motor truck which 3 1 hauls an agricultural commodity must pay a delivery assessment 3 2 to the first purchaser of that agricultural commodity. The 3 3 first purchaser is required to remit the moneys to the 3 4 treasurer of state to be credited to the road use tax fund. 3 5 This system of collection and payment is modeled upon the 3 6 so=called check=off system in which the first purchaser of an 3 7 agricultural commodity deducts a specific amount from the 3 8 purchase price which would otherwise have been paid to the 3 9 producer and remits the moneys to the treasurer of state for 3 10 transfer to the appropriate commodity organization for 3 11 expenditure to support promotion and education related to the 3 12 commodity. The rate of assessment is the same as for the 3 13 state assessment, regardless of whether a state assessment is 3 14 no longer collected because of a superseding federal 3 15 assessment. 3 16 The rate of assessment is as follows: (1) for milk or 3 17 products made from the milk, three=fourths of 1 percent of the 3 18 gross value of milk; (2) for beef cattle, 50 cents per head 3 19 unless another rate is established by producer referendum; (3) 3 20 for sheep or wool, 10 cents per head on sheep and 2 cents for 3 21 each pound of wool; (4) for porcine animals, .0025 of the 3 22 gross sale price; (5) for egg products, 2.5 cents on each 30 3 23 dozen eggs unless a higher referendum is established by 3 24 producer referendum; (6) for soybeans, one=half of 1 percent 3 25 of the net market price; and (7) for corn, one=quarter of 1 3 26 cent per bushel, unless a higher assessment is established by 3 27 producer referendum. 3 28 LSB 5874HH 82 3 29 da/nh/8