House
Study
Bill
524
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
AGRICULTURE
BILL
BY
CHAIRPERSON
GRASSLEY)
A
BILL
FOR
An
Act
relating
to
corn
promotion,
including
special
1
referendums,
the
assessment
of
a
checkoff,
and
voting
and
2
refund
procedures,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
185C.16,
Code
2014,
is
amended
to
read
1
as
follows:
2
185C.16
Notice
of
referendum.
3
1.
Notice
The
secretary
shall
provide
a
notice
of
a
4
referendum
election
to
initiate
or
terminate
a
promotional
5
order
.
The
notice
shall
be
given
by
publication
in
a
newspaper
6
of
general
circulation
in
this
state
at
least
ten
days
prior
to
7
the
date
of
the
referendum
and
in
any
other
reasonable
manner
8
as
determined
by
the
secretary
for
the
initial
referendum
and
9
by
the
board
for
termination
of
the
promotional
order.
10
2.
The
secretary
shall
provide
notice
of
a
special
11
referendum
to
each
person
included
on
the
producer
voting
list
12
as
provided
in
section
185C.20A.
The
notice
shall
be
delivered
13
as
follows:
14
a.
Personally
by
mail
or
electronic
mail
within
sixty
days
15
of
the
date
that
the
special
referendum
is
to
be
conducted.
16
b.
By
publication
in
a
newspaper
of
general
circulation
in
17
this
state
in
the
same
manner
provided
in
subsection
1.
18
Sec.
2.
Section
185C.17,
Code
2014,
is
amended
to
read
as
19
follows:
20
185C.17
Contents
of
notice.
21
The
notice
of
referendum
required
in
section
185C.16
22
shall
set
forth
the
period
of
time
for
voting,
voting
23
places
,
and
such
other
information
as
the
secretary
may
deem
24
necessary
in
an
initial
referendum.
The
board
shall
make
such
25
determinations
in
any
subsequent
referendum.
A
notice
for
a
26
special
referendum
conducted
pursuant
to
section
185C.21
shall
27
also
state
that
a
producer
may
request
a
mail
ballot
to
vote
as
28
provided
in
section
185C.17A.
29
Sec.
3.
NEW
SECTION
.
185C.17A
Voting
requirements.
30
1.
An
eligible
producer
shall
vote
by
casting
a
ballot
and
31
signing
a
certification
form
swearing
that
the
producer
is
32
eligible
to
vote.
33
2.
Except
as
provided
in
subsection
3,
an
eligible
producer
34
shall
vote
at
a
voting
place
designated
by
the
secretary.
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_____
3.
a.
In
the
case
of
a
special
referendum
conducted
1
pursuant
to
section
185C.21,
an
eligible
producer
may
vote
by
2
mail
ballot
as
required
by
the
secretary.
3
b.
A
producer
must
submit
a
mail
ballot
request
card
to
4
the
secretary
which
must
be
received
by
the
secretary
at
least
5
forty-five
days
before
the
date
of
the
special
referendum.
6
c.
Upon
receipt
of
a
mail
ballot
request
card,
submitted
by
7
a
producer,
the
secretary
shall
include
the
producer’s
name,
8
address,
and
any
electronic
mail
address
on
the
producer
voting
9
list
required
to
be
maintained
under
section
185C.20A.
10
d.
Upon
receipt
of
a
timely
submitted
mail
ballot
request
11
card
submitted
by
a
producer,
the
secretary
shall
deliver
12
a
mail
ballot
and
certification
form
to
the
producer.
The
13
mail
ballot
and
certification
form
must
allow
a
producer
to
14
easily
send
the
ballot
and
form
together
to
the
secretary
via
15
ordinary
mail.
The
secretary
may
also
deliver
an
accompanying
16
envelope
addressed
to
the
secretary
to
each
producer
requesting
17
to
vote
by
mail
ballot.
The
secretary
must
deliver
the
mail
18
ballot,
certification
form,
and
any
accompanying
envelope
to
19
the
producer
at
least
five
days
before
the
date
of
the
special
20
referendum.
21
Sec.
4.
Section
185C.18,
Code
2014,
is
amended
to
read
as
22
follows:
23
185C.18
Counting
ballots
.
24
At
the
close
of
a
referendum
voting
period,
the
secretary
25
shall
count
and
tabulate
the
ballots
cast
during
the
referendum
26
period.
In
a
special
referendum
conducted
pursuant
to
section
27
185C.21,
a
completed
mail
ballot
and
certification
form
as
28
provided
in
section
185C.17A
must
be
received
by
the
secretary
29
on
or
prior
to
the
date
of
the
special
referendum
or
postmarked
30
by
the
United
States
postal
service
on
or
prior
to
the
date
of
31
the
special
referendum.
32
Sec.
5.
NEW
SECTION
.
185C.18A
Special
referendums
——
33
assistive
service
——
authority
to
contract.
34
The
secretary
may
contract
with
a
person
qualified
to
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provide
assistance
services
in
conducting
special
referendums
1
as
provided
in
section
185C.21.
The
person
may
assist
the
2
secretary
in
providing
a
notice
of
the
special
referendum
as
3
provided
in
section
185C.16,
providing
mail
ballot
request
4
cards
as
provided
in
section
185C.17A,
counting
ballots
as
5
provided
in
section
185C.18,
and
maintaining
a
producer
voting
6
list
as
provided
in
section
185C.20A.
7
Sec.
6.
NEW
SECTION
.
185C.20A
Producer
voting
list
——
8
registration;
not
a
public
record.
9
1.
The
secretary
shall
maintain
a
producer
voting
list.
The
10
producer
voting
list
shall
only
include
the
producer’s
name,
11
mailing
address,
and
electronic
mail
address,
if
any.
The
12
department
may
purge
the
list
as
necessary
to
remove
producers
13
who
are
not
eligible
to
vote
in
a
special
referendum
conducted
14
pursuant
to
section
185C.21.
15
2.
The
secretary
shall
provide
registration
postcards
to
16
producers
who
request
to
be
included
on
the
producer
voting
17
list.
A
producer
shall
not
be
required
to
be
included
on
the
18
list.
19
3.
The
secretary
shall
provide
notice
of
a
special
20
referendum
to
each
producer
included
on
the
producer
voting
21
list
as
provided
in
section
185C.16.
22
4.
The
producer
voting
list
is
not
a
public
record
under
23
chapter
22
and
is
not
otherwise
subject
to
access
by
any
24
person
other
than
the
secretary
or
a
person
designated
by
the
25
secretary
to
administer
this
chapter.
A
designated
person
26
shall
only
use
the
list
for
purposes
of
notifying
producers
of
27
a
special
referendum.
28
Sec.
7.
Section
185C.21,
Code
2014,
is
amended
to
read
as
29
follows:
30
185C.21
State
assessment
——
rates
.
31
1.
The
board
shall
determine
and
set
the
state
assessment
32
rate.
State
assessments
collected
pursuant
to
the
promotional
33
order
shall
be
paid
into
the
corn
promotion
fund
established
34
in
section
185C.26
.
Except
as
provided
in
subsection
2
,
a
the
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maximum
state
assessment
rate
shall
not
exceed
one-quarter
of
1
one
cent
per
imposed
on
each
bushel
upon
of
corn
marketed
in
2
this
state.
The
board
shall
establish
the
effective
date
of
3
a
rate
change.
4
2.
Upon
request
of
the
board,
the
secretary
shall
call
5
a
special
referendum
for
producers
to
vote
on
whether
to
6
authorize
an
increase
in
the
state
assessment
above
rate
to
7
exceed
the
maximum
one-quarter
of
one
cent
per
imposed
on
8
each
bushel
of
corn
marketed
in
this
state
,
notwithstanding
9
subsection
1
.
The
special
referendum
shall
not
be
conducted
10
less
than
ninety
days
after
the
board
delivers
its
request
to
11
the
secretary.
The
special
referendum
shall
be
conducted
as
12
provided
in
this
chapter
for
referendum
elections.
However,
13
the
special
referendum
shall
not
affect
the
existence
or
length
14
of
the
promotional
order
in
effect.
If
a
majority
of
the
15
producers
voting
in
the
special
referendum
approve
the
state
16
assessment
rate
increase,
the
board
may
increase
the
assessment
17
rate
to
the
amount
approved
in
the
special
referendum.
The
18
board
shall
establish
the
effective
date
of
a
rate
change.
19
However,
a
the
maximum
state
assessment
rate
shall
not
20
exceed
one
cent
per
bushel
of
corn
marketed
in
this
state
the
21
scheduled
maximum
rate
determined
as
follows:
22
a.
Before
September
1,
2014,
one
cent
.
23
b.
For
each
marketing
year
of
the
period
beginning
September
24
1,
2014,
and
ending
August
31,
2019,
two
cents.
25
c.
For
each
marketing
year
of
the
period
beginning
September
26
1,
2019,
and
ending
August
31,
2024,
three
cents.
27
d.
For
each
marketing
year
of
the
period
beginning
September
28
1,
2024,
and
ending
August
31,
2029,
four
cents.
29
e.
For
each
marketing
year
beginning
on
and
after
September
30
1,
2029,
five
cents.
31
Sec.
8.
Section
185C.22,
Code
2014,
is
amended
to
read
as
32
follows:
33
185C.22
State
assessment
on
purchase
invoice
Settlement
34
documents
.
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After
a
promotional
order
has
been
issued,
the
first
1
purchaser
at
the
time
of
payment
for
corn
shall
show
provide
2
the
producer
with
settlement
documents
which
include
all
of
the
3
following:
4
1.
A
purchase
invoice
showing
the
total
amount
of
the
state
5
assessment
deducted
from
the
sale
on
the
purchase
invoice
.
6
2.
A
registration
postcard
as
provided
in
section
185C.20A.
7
3.
A
refund
form
as
provided
in
section
185C.27.
8
Sec.
9.
Section
185C.25,
subsection
3,
Code
2014,
is
amended
9
to
read
as
follows:
10
3.
The
secretary
shall
conduct
the
election
as
provided
for
11
a
referendum
under
this
chapter
,
including
sections
185C.16
12
through
185C.20
185C.20A
.
If
upon
counting
and
tabulating
the
13
ballots,
the
secretary
determines
that
a
majority
of
voting
14
producers
favor
termination
of
the
state
assessment,
the
15
secretary,
in
cooperation
with
the
board,
shall
terminate
the
16
state
assessment
in
an
orderly
manner
as
soon
as
practicable.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
GENERAL.
This
bill
amends
provisions
in
Code
chapter
185C
21
which
authorizes
the
collection
and
expenditure
of
certain
22
moneys
referred
to
as
a
state
assessment
(assessment),
or
23
so-called
“checkoff”,
which
is
collected
on
each
bushel
of
corn
24
marketed
in
this
state.
The
assessment
is
collected
when
a
25
corn
producer
(producer)
sells
the
corn
to
a
first
purchaser.
26
The
first
purchaser
then
remits
the
assessment
to
the
Iowa
corn
27
promotion
board
(board)
which
uses
the
collected
moneys
for
28
purposes
of
promoting
the
marketing
of
corn
and
corn
products
29
and
to
provide
for
related
education
and
research
programs
30
and
a
financial
assistance
program
(Code
sections
185C.11,
31
185C.11A,
and
185C.26).
32
BILL
——
INCREASE
IN
MAXIMUM
RATE
OF
STATE
ASSESSMENT.
The
33
bill
increases
the
maximum
rate
of
the
assessment
from
one
to
34
five
cents
which
must
be
approved
by
producers
voting
in
one
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_____
or
more
future
special
referendums.
However,
the
maximum
rate
1
cannot
exceed
an
amount
established
according
to
a
schedule
2
based
on
a
12-month
period
referred
to
as
a
marketing
year
3
(from
September
1
to
August
31).
The
maximum
rate
existing
4
during
this
marketing
year
(September
1,
2013
to
August
31,
5
2014)
must
remain
at
one
cent.
The
maximum
rate
for
the
6
next
five
marketing
years
(September
1,
2014
to
August
31,
7
2019)
cannot
exceed
two
cents.
The
maximum
rate
for
the
next
8
five
marketing
years
(September
1,
2019
to
August
31,
2024)
9
cannot
exceed
three
cents.
The
maximum
rate
for
the
next
five
10
marketing
years
(September
1,
2024
to
August
31,
2029)
cannot
11
exceed
four
cents.
The
maximum
rate
for
all
future
marketing
12
years
beginning
September
1,
2029,
cannot
exceed
five
cents.
13
BILL
——
SPECIAL
REFERENDUM
PROCEDURES.
The
bill
requires
14
the
secretary
of
agriculture
(secretary)
to
maintain
a
15
producer
voting
list
which
includes
the
names
and
addresses
16
of
producers
to
notify
in
the
event
that
the
board
calls
for
17
a
special
referendum
to
increase
the
assessment.
The
list
is
18
not
a
public
record
subject
to
disclosure
under
Code
chapter
19
22.
A
producer
may
submit
a
mail
ballot
request
card
prior
20
to
an
upcoming
special
referendum.
If
timely
received,
the
21
secretary
must
deliver
a
mail
ballot
to
the
producer
together
22
with
a
certification
form
which
the
producer
must
return
to
the
23
secretary.
The
completed
mail
ballot
and
certification
must
24
be
received
by
the
secretary
on
or
prior
to
the
date
of
the
25
special
referendum
or
be
postmarked
on
or
prior
to
that
day.
26
The
secretary
is
authorized
to
contract
with
a
person
qualified
27
to
assist
in
performing
services
related
to
conducting
a
vote
28
by
mail.
29
BILL
——
SETTLEMENT
SHEET.
The
bill
requires
that
when
a
30
first
purchaser
provides
a
purchase
invoice
to
a
producer,
the
31
first
purchaser
must
also
provide
other
settlement
documents,
32
including
a
registration
postcard
that
allows
a
producer
to
33
be
included
on
the
producer
voting
list
and
a
refund
form
to
34
receive
back
the
paid
state
assessment.
35
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CURRENT
LAW
——
SPECIAL
REFERENDUM
PROCEDURES.
Once
the
1
board
notifies
the
secretary
of
its
decision
to
propose
a
rate
2
increase,
the
secretary
provides
notice
of
the
referendum
in
a
3
newspaper
of
general
circulation
in
the
state
within
10
days
4
prior
to
the
date
of
the
special
referendum
(Code
section
5
185C.16).
The
notice
must
specify
the
time
and
place
for
6
voting.
7
CURRENT
LAW
——
ESTABLISHMENT
OF
THE
BOARD
AND
ASSESSMENT.
8
An
initial
producer
referendum
established
the
board
and
the
9
imposition
of
an
assessment
according
to
a
promotional
order
10
adopted
at
an
initial
referendum
(Code
sections
185C.2
and
11
185C.3).
The
assessment
was
originally
set
at
one
quarter
12
cent.
13
CURRENT
LAW
——
INCREASING
THE
RATE.
In
order
to
increase
14
the
rate,
the
board
must
submit
the
question
to
producers
15
at
a
special
referendum
conducted
by
the
secretary.
The
16
secretary
must
provide
a
notice
of
the
special
referendum
in
17
state
newspapers
(Code
section
186C.16).
If
producers
vote
to
18
approve
an
increase,
the
board
has
the
discretion
to
impose
the
19
new
rate
and
set
its
effective
date,
so
long
as
the
increase
20
does
not
exceed
the
rate
approved
by
producers.
The
maximum
21
rate
cannot
exceed
one
cent
(Code
section
185C.21)
which
is
the
22
rate
currently
assessed.
23
CURRENT
LAW
——
FIRST
PURCHASER’S
INVOICE
AND
PRODUCER’S
24
RIGHT
TO
REFUND.
The
first
purchaser
must
prepare
a
purchase
25
invoice
at
the
time
of
sale
stating
the
amount
of
the
sale
26
and
the
associated
deduction
of
the
assessment
(Code
section
27
185C.22).
A
producer
has
60
days
in
order
to
claim
a
refund
28
by
submitting
an
application
which
must
include
a
copy
of
the
29
purchase
invoice
or
similar
settlement
documentation
(Code
30
section
185C.27).
Upon
request,
the
board
must
provide
a
first
31
purchaser
with
an
application
form,
and
first
purchasers
must
32
furnish
application
forms
to
first
producers.
33
APPLICABLE
PENALTIES.
A
person
who
violates
a
provision
34
of
Code
chapter
185C
is
subject
to
a
simple
misdemeanor
(Code
35
-7-
LSB
5523YC
(4)
85
da/sc
7/
8
H.F.
_____
section
185C.31).
A
simple
misdemeanor
is
punishable
by
1
confinement
for
no
more
than
30
days
or
a
fine
of
at
least
$65
2
but
not
more
than
$625
or
both.
3
-8-
LSB
5523YC
(4)
85
da/sc
8/
8