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