Senate
File
110
-
Introduced
SENATE
FILE
110
BY
BOLKCOM
A
BILL
FOR
An
Act
providing
for
a
state
assessment
for
water
quality
and
1
soil
conservation
imposed
on
agricultural
commodities,
2
including
establishing
procedures
for
referendums
to
3
establish,
continue,
or
terminate
the
state
assessment,
the
4
transfer
of
moneys
to
the
department
of
agriculture
and
land
5
stewardship,
and
the
appropriation
of
moneys.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
IOWA
DAIRY
INDUSTRY
COMMISSION
AND
2
IOWA
STATE
DAIRY
ASSOCIATION
3
Section
1.
Section
179.1,
Code
2017,
is
amended
by
adding
4
the
following
new
subsections:
5
NEW
SUBSECTION
.
01.
“Assessment”
means
an
excise
tax
on
6
the
sale
of
milk
which
may
include
a
state
assessment
for
7
direct
use
and
a
state
assessment
for
water
quality
and
soil
8
conservation.
9
NEW
SUBSECTION
.
2A.
“Federal
Act”
means
the
Dairy
Product
10
Stabilization
Act
of
1983,
7
U.S.C.
§4501
et
seq.
11
NEW
SUBSECTION
.
3A.
“National
assessment”
means
an
excise
12
tax
on
the
sale
of
milk
imposed
pursuant
to
the
federal
Act.
13
NEW
SUBSECTION
.
10.
“Secretary”
means
the
secretary
of
14
agriculture.
15
Sec.
2.
Section
179.1,
subsection
2,
Code
2017,
is
amended
16
to
read
as
follows:
17
2.
The
term
“commission”
shall
mean
“Commission”
means
the
18
Iowa
dairy
industry
commission
created
in
section
179.2
.
19
Sec.
3.
Section
179.2,
subsections
4,
5,
6,
and
7,
Code
20
2017,
are
amended
to
read
as
follows:
21
4.
a.
When
a
national
promotional
order
is
established
by
22
the
United
States
department
of
agriculture
pursuant
to
the
23
Dairy
Product
Stabilization
Act
of
1983
federal
Act
,
collection
24
of
the
excise
tax
state
assessment
for
direct
use
described
in
25
section
179.5
shall
be
suspended
for
the
period
in
which
the
26
national
order
is
in
effect.
The
commission
shall
continue
to
27
operate
thereafter
for
only
the
period
of
time
necessary
to
pay
28
refunds
and
disburse
the
funds
moneys
remaining
in
the
dairy
29
industry
fund
for
the
purposes
enumerated
in
administering
30
this
chapter
.
Upon
completion
of
these
acts,
the
existence
of
31
the
Iowa
dairy
industry
commission
shall
be
suspended.
The
32
secretary
of
agriculture
shall
certify
the
suspension
of
the
33
commission
as
of
a
date
certain
to
the
Iowa
dairy
industry
34
commission
and
the
Iowa
state
dairy
association.
When
the
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existence
of
the
commission
is
suspended,
the
terms
of
office
1
being
served
by
individual
commissioners
shall
terminate.
2
b.
The
establishment
of
a
national
promotional
order
shall
3
not
affect
the
imposition
of
a
state
assessment
for
water
4
quality
and
soil
conservation
established
pursuant
to
section
5
179.13A.
6
5.
When
the
national
promotional
order
expires,
the
period
7
of
suspension
of
the
excise
tax
state
assessment
for
direct
use
8
established
in
section
179.5
shall
terminate
and
the
secretary
9
of
agriculture
shall
take
the
steps
necessary
to
collect
that
10
excise
tax
state
assessment
and
otherwise
fulfill
the
duties
of
11
the
commission,
except
that
of
expending
funds
moneys
collected
12
under
the
excise
tax
that
state
assessment
,
until
those
13
duties
can
be
resumed
by
the
reactivated
commission.
When
the
14
national
promotional
order
expires,
the
period
of
suspension
of
15
the
commission
shall
terminate.
The
secretary
of
agriculture
16
shall
call
the
first
meeting
of
the
reactivated
commission.
17
Upon
reactivation,
the
commission
shall
reimburse
the
secretary
18
of
agriculture
for
expenses
incurred
in
carrying
out
the
duties
19
provided
in
this
subsection
.
20
6.
When
the
national
dairy
promotion
program
expires
and
21
the
suspension
of
the
Iowa
dairy
industry
commission
terminates
22
pursuant
to
subsection
5
,
all
first
purchasers
shall,
in
a
23
manner
designed
to
reflect
their
proportionate
contributions
24
to
the
national
dairy
promotion
program
in
its
most
recently
25
completed
fiscal
year,
nominate
two
resident
producers
for
each
26
of
the
sixteen
offices
of
the
commission.
The
secretary
of
27
agriculture
shall
then
appoint
one
nominee
from
each
set
of
28
two
nominees
as
commissioners
of
the
reactivated
Iowa
dairy
29
industry
commission.
The
secretary
of
agriculture
shall
30
stagger
the
terms
of
the
reactivated
commission
resulting
in
31
as
nearly
as
possible
one
third
of
the
commissioners
serving
32
for
one
year,
one
third
of
the
commissioners
serving
for
two
33
years,
and
one
third
of
the
commissioners
serving
for
three
34
years.
After
the
initial
staggering
of
terms
by
the
secretary,
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commissioners
shall
be
appointed
to
three-year
terms.
1
7.
The
establishment
or
expiration
of
a
national
2
promotional
order
shall
not
affect
the
imposition
of
a
state
3
assessment
for
water
quality
and
soil
conservation
established
4
pursuant
to
section
179.13A.
5
7.
8.
After
the
reactivated
commission
has
been
formed,
6
nominations
for
commissioners
shall
be
made
by
first
7
purchasers
in
a
manner
designed
to
reflect
their
proportionate
8
contributions
to
the
Iowa
dairy
industry
commission
in
its
most
9
recently
completed
fiscal
year.
10
Sec.
4.
Section
179.3,
Code
2017,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
10.
To
cooperate
with
the
division
of
soil
13
conservation
and
water
quality
of
the
department
of
agriculture
14
and
land
stewardship
in
transferring
moneys
collected
from
the
15
state
assessment
for
water
quality
and
soil
conservation
to
the
16
water
quality
and
soil
conservation
fund
created
in
section
17
466B.51.
18
Sec.
5.
Section
179.4,
Code
2017,
is
amended
to
read
as
19
follows:
20
179.4
Expenditure
of
funds
Use
of
moneys
.
21
Funds
collected
through
Moneys
collected
by
the
commission
22
from
the
excise
tax
are
to
state
assessment
for
direct
use
23
imposed
pursuant
to
section
179.5
shall
be
used
for
purposes
24
of
advertising
and
promotion,
product,
process,
and
nutrition,
25
dietetics,
and
physiology
research,
nutrition
education,
public
26
relations,
research
and
development,
and
for
other
activities
27
that
contribute
to
producer
efficiency
and
productivity.
28
In
addition,
the
commission
shall
use
these
funds
moneys
29
to
maintain
existing
markets,
to
make
contributions
to
30
organizations
working
toward
the
purposes
of
this
section
,
31
and
to
assist
in
the
development
of
new
or
enlarged
markets
32
for
milk,
both
domestic
and
foreign.
The
primary
purpose
for
33
use
of
these
funds
moneys
is
to
increase
consumption
of
milk.
34
The
commission
may
contract
for
advertising,
publicity,
sales
35
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promotion,
research,
and
educational
services
the
committee
1
commission
deems
appropriate
to
further
the
objectives
of
this
2
section
.
3
Sec.
6.
Section
179.5,
Code
2017,
is
amended
to
read
as
4
follows:
5
179.5
Excise
tax
State
assessments
——
administration
of
6
moneys
——
appropriation.
7
1.
a.
There
is
levied
and
imposed
an
excise
tax
a
state
8
assessment
for
direct
use
on
all
producers
within
the
state
9
at
a
rate
of
three-fourths
of
one
percent
of
the
gross
value
10
of
milk
produced
in
the
state
and
which
may
be
continued
by
11
special
referendum
as
provided
in
section
179.13A
.
12
b.
There
is
imposed
a
state
assessment
for
water
quality
13
and
soil
conservation
on
all
producers
within
the
state
at
the
14
same
rate
as
the
state
assessment
for
direct
use
described
in
15
paragraph
“a”
,
if
the
state
assessment
for
water
quality
and
16
soil
conservation
is
established
and
continued
pursuant
to
17
section
179.13A.
18
2.
All
taxes
levied
and
The
state
assessment
for
direct
19
use
and
the
state
assessment
for
water
quality
and
soil
20
conservation
imposed
under
this
chapter
shall
be
deducted
from
21
the
sales
price
received
by
the
producer
and
shall
be
collected
22
by
the
first
purchaser,
except
as
follows:
23
a.
If
the
producer
produces
milk
from
cows
and
sells
the
24
milk
directly
to
the
consumer,
the
taxes
each
state
assessment
25
shall
be
remitted
by
that
producer.
26
b.
If
the
producer
sells
milk
to
a
first
purchaser
outside
27
the
state,
the
taxes
are
each
state
assessment
is
due
and
28
payable
by
that
producer
before
the
shipment
is
made,
except
29
that
the
commission
may
make
agreements
with
extra
state
30
purchasers
for
the
keeping
of
records
and
the
collection
of
the
31
taxes
each
state
assessment
as
necessary
to
secure
the
payment
32
of
the
taxes
each
state
assessment
within
the
time
fixed
by
33
this
chapter
.
34
3.
All
taxes
levied
and
The
state
assessment
for
direct
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use
and
the
state
assessment
for
water
quality
and
soil
1
conservation
if
established
and
imposed
under
this
chapter
,
and
2
any
other
contributions
made
to
the
dairy
industry
commission
,
3
shall
be
paid
to
and
collected
by
the
commission
within
thirty
4
days
after
the
end
of
the
month
during
which
the
milk
was
5
marketed.
6
4.
The
commission
shall
remit
moneys
collected
from
7
the
taxes
state
assessment
for
direct
use
and
any
other
8
contributions
obtained
by
the
commission
to
the
treasurer
of
9
the
state
each
quarter,
and
at
the
same
time
shall
render
to
10
the
director
of
the
department
of
administrative
services
an
11
itemized
and
verified
report
showing
the
source
from
which
12
the
taxes
moneys
collected
from
the
state
assessment
for
13
direct
use
and
voluntary
contributions
were
obtained.
All
14
taxes
moneys
collected
from
the
state
assessment
for
direct
15
use
and
voluntary
contributions
received,
collected,
and
16
remitted
by
the
commission
shall
be
placed
in
a
special
fund
17
by
the
treasurer
of
state
and
the
director
of
the
department
18
of
administrative
services,
to
be
known
as
the
“dairy
industry
19
fund”
to
be
used
by
the
Iowa
dairy
industry
commission
for
20
the
purposes
set
out
in
this
chapter
and
to
administer
and
21
enforce
the
laws
relative
to
this
chapter
.
The
department
of
22
administrative
services
shall
transfer
moneys
from
the
fund
23
to
the
commission
for
deposit
into
an
account
established
24
by
the
commission
in
a
qualified
financial
institution.
25
The
department
shall
transfer
the
moneys
as
provided
in
a
26
resolution
adopted
by
the
commission.
However,
the
department
27
is
only
required
to
transfer
moneys
once
during
each
day
and
28
only
during
hours
when
the
offices
of
the
state
are
open.
29
Moneys
deposited
in
the
fund
and
transferred
to
the
commission
30
as
provided
in
this
section
are
appropriated
and
shall
be
used
31
for
the
purpose
of
carrying
out
the
provisions
of
this
chapter
.
32
5.
The
commission
may
deposit
moneys
collected
from
the
33
state
assessment
for
water
quality
and
soil
conservation
in
34
a
qualified
financial
institution
until
transferred
to
the
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water
quality
and
soil
conservation
fund
created
in
section
1
466B.51.
During
the
period
when
a
national
promotional
order
2
is
in
effect,
the
Iowa
state
dairy
association
shall
deposit
3
the
moneys
collected
from
that
state
assessment
in
a
qualified
4
financial
institution
until
transferred
to
the
water
quality
5
and
soil
conservation
fund.
If
the
state
assessment
for
water
6
quality
and
soil
conservation
is
terminated
as
provided
in
7
section
179.13A,
the
remaining
moneys
collected
from
that
8
state
assessment
shall
be
immediately
transferred
to
the
water
9
quality
and
soil
conservation
fund.
10
6.
The
commission
may
require
that
the
invoice
also
show
the
11
total
amount
of
any
state
assessment
for
direct
use
deducted
12
from
the
sales
price.
If
a
national
assessment
is
being
13
collected,
the
Iowa
state
dairy
association
may
require
that
14
the
invoice
for
the
national
assessment
also
show
the
total
15
amount
of
any
national
assessment,
if
permitted
by
federal
law.
16
If
a
state
assessment
for
water
quality
and
soil
conservation
17
is
collected,
the
first
purchaser
shall
furnish
the
producer
18
at
the
time
of
payment
an
invoice
showing
the
total
amount
of
19
the
state
assessment
for
water
quality
and
soil
conservation
20
deducted
from
the
sales
price.
21
4.
7.
a.
A
person
from
whom
the
excise
tax
provided
in
22
this
chapter
a
state
assessment
for
direct
use
is
collected
23
may,
by
application
filed
with
the
commission
within
thirty
24
days
after
the
collection
of
the
tax
state
assessment
,
have
the
25
tax
state
assessment
refunded
to
that
person
by
the
commission.
26
b.
If
a
state
assessment
for
direct
use
is
imposed,
a
27
person
from
whom
a
state
assessment
for
water
quality
and
28
soil
conservation
is
collected
may
file
an
application
for
a
29
refund
with
the
commission.
The
application
for
a
refund
shall
30
allow
the
person
to
elect
whether
the
refund
is
for
the
state
31
assessment
for
direct
use
or
the
state
assessment
for
water
32
quality
and
soil
conservation
or
both.
The
commission
shall
33
not
approve
an
application
unless
the
application
indicates
the
34
election.
The
commission
shall
forward
an
approved
application
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for
a
refund
of
the
state
assessment
to
the
division
of
soil
1
conservation
and
water
quality
for
payment.
2
c.
If
a
national
assessment
is
imposed
and
a
refund
of
the
3
national
assessment
is
authorized,
a
person
from
whom
a
state
4
assessment
for
water
quality
and
soil
conservation
is
collected
5
may
file
an
application
for
a
refund
with
the
Iowa
state
dairy
6
association.
The
application
shall
to
the
extent
allowed
by
7
federal
law
allow
the
person
to
elect
whether
the
refund
is
8
for
the
national
assessment
or
the
state
assessment
for
water
9
quality
and
soil
conservation
or
both.
The
association
shall
10
forward
the
approved
application
for
a
refund
of
the
state
11
assessment
for
water
quality
and
soil
conservation
to
the
12
division
of
soil
conservation
and
water
quality
for
payment.
13
Sec.
7.
Section
179.6,
Code
2017,
is
amended
to
read
as
14
follows:
15
179.6
Records
of
producers,
first
purchasers.
16
Every
producer
shipping
milk
to
a
first
purchaser
outside
of
17
Iowa
who
is
not
by
agreement
with
the
commission
collecting
the
18
tax
state
assessment
for
direct
use
or
the
state
assessment
for
19
water
quality
and
soil
conservation
imposed
by
this
chapter
,
20
and
every
first
purchaser
within
the
state,
and
every
producer
21
distributing
milk
directly
to
the
consumer,
shall
keep
a
22
complete
and
accurate
record
of
all
milk
produced
or
purchased
23
by
the
person
during
the
period
for
which
an
excise
tax
levy
a
24
state
assessment
is
imposed
under
this
chapter
.
The
records
25
shall
be
in
the
form
and
contain
the
information
prescribed
by
26
the
commission,
shall
be
preserved
by
the
person
charged
with
27
their
making
for
a
period
of
two
years,
and
shall
be
offered
28
or
submitted
for
inspection
at
any
time
upon
written
or
oral
29
request
by
the
commission
or
its
duly
authorized
agent
or
30
employee.
31
Sec.
8.
Section
179.8,
Code
2017,
is
amended
to
read
as
32
follows:
33
179.8
Payment
of
expenses
——
limitation.
34
1.
No
part
of
the
expense
incurred
by
the
commission
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shall
be
paid
out
of
moneys
in
the
state
treasury
except
1
moneys
transferred
to
the
commission
from
the
dairy
industry
2
fund.
Moneys
transferred
from
the
fund
to
the
commission,
as
3
provided
in
section
179.5
,
shall
be
used
for
the
payment
of
4
all
salaries,
and
other
expenses
necessary,
to
carry
out
the
5
provisions
of
this
chapter
.
However,
in
no
event
shall
the
6
total
expenses
exceed
the
total
taxes
amount
collected
from
the
7
state
assessment
for
direct
use
collected
and
transferred
from
8
the
fund
to
the
commission.
9
2.
No
more
than
five
percent
of
the
excise
tax
collected
10
moneys
collected
from
the
state
assessment
for
direct
use
and
11
received
by
the
commission
pursuant
to
section
179.5
shall
be
12
utilized
for
administrative
expenses
of
the
commission.
13
Sec.
9.
Section
179.9,
Code
2017,
is
amended
to
read
as
14
follows:
15
179.9
Investigations
by
commission.
16
The
commission
shall
have
the
power
to
cause
its
authorized
17
agents
to
enter
upon
the
premises
of
any
person
charged
by
this
18
chapter
or
by
agreement
with
the
commission
with
the
collection
19
of
the
excise
tax
a
state
assessment
for
direct
use
or
a
state
20
assessment
for
water
quality
and
soil
conservation
imposed
by
21
this
chapter
,
and
to
cause
to
be
examined
by
any
such
agent
any
22
books,
records,
documents,
or
other
instruments
bearing
upon
23
the
amount
of
moneys
from
such
tax
state
assessment
collected
24
or
to
be
collected
by
such
person;
provided
that
the
commission
25
has
reasonable
ground
to
believe
that
all
moneys
from
the
tax
26
state
assessments
herein
levied
has
imposed
have
not
been
27
collected,
or
if
it
has
they
have
not
been
fully
accounted
for
28
as
herein
provided.
29
Sec.
10.
Section
179.10,
Code
2017,
is
amended
to
read
as
30
follows:
31
179.10
Report.
32
The
commission
shall
each
year
prepare
and
submit
a
report
33
summarizing
the
activities
of
the
commission
under
this
chapter
34
to
the
auditor
of
state
and
the
secretary
of
agriculture
.
The
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report
shall
show
all
income,
expenses,
and
other
relevant
1
information
concerning
fees
the
state
assessment
for
direct
use
2
collected
and
expended
under
this
chapter
.
The
report
shall
3
also
show
the
collection
and
transfer
of
moneys
received
from
4
any
state
assessment
for
water
quality
and
soil
conservation
5
imposed
under
this
chapter.
6
Sec.
11.
Section
179.13,
Code
2017,
is
amended
to
read
as
7
follows:
8
179.13
Referendum
Initial
referendum
.
9
1.
a.
At
a
time
designated
by
the
commission
within
10
eighteen
months
after
termination
of
the
national
promotional
11
order
made
pursuant
to
the
Dairy
Product
Stabilization
12
federal
Act
of
1983
,
the
commission
shall
conduct
a
an
initial
13
referendum
under
administrative
procedures
prescribed
by
the
14
department.
15
b.
Upon
signing
a
statement
certifying
to
the
department
16
that
the
person
is
a
bona
fide
producer
as
defined
in
this
17
chapter
,
each
producer
is
entitled
to
one
vote
in
each
initial
18
referendum.
When
the
secretary
is
required
to
determine
the
19
approval
or
disapproval
of
producers
under
this
section
,
the
20
secretary
shall
consider
the
approval
or
disapproval
of
a
21
cooperative
association
of
producers,
engaged
in
a
bona
fide
22
manner
in
marketing
milk,
as
the
approval
or
disapproval
of
the
23
producers
who
are
members
of
or
contract
with
the
cooperative
24
association
of
producers.
If
a
cooperative
association
25
elects
to
vote
on
behalf
of
its
members,
the
cooperative
26
association
shall
provide
each
producer
on
whose
behalf
the
27
cooperative
association
is
expressing
approval
or
disapproval
28
with
a
description
of
the
question
presented
in
the
initial
29
referendum
together
with
a
statement
of
the
manner
in
which
30
the
cooperative
association
intends
to
cast
its
vote
on
behalf
31
of
the
membership.
The
information
shall
inform
the
producer
32
of
procedures
to
follow
to
cast
an
individual
ballot
if
the
33
producer
chooses
to
do
so
within
the
period
of
time
established
34
by
the
secretary
for
casting
ballots.
The
notification
shall
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be
made
at
least
thirty
days
prior
to
the
initial
referendum
1
and
shall
include
an
official
ballot.
The
ballots
shall
be
2
tabulated
by
the
secretary
and
the
vote
of
the
cooperative
3
association
shall
be
adjusted
to
reflect
the
individual
votes.
4
c.
The
department
shall
count
and
tabulate
the
ballots
5
filed
during
the
initial
referendum
within
thirty
days
of
the
6
close
of
the
initial
referendum.
If
from
the
tabulation
the
7
department
determines
that
a
majority
of
the
total
number
of
8
producers
voting
in
the
initial
referendum
favors
the
proposal,
9
the
excise
tax
state
assessment
for
direct
use
provided
for
in
10
this
chapter
shall
be
continued.
The
ballots
cast
pursuant
11
to
this
section
constitute
complete
and
conclusive
evidence
12
for
use
in
determinations
made
by
the
department
under
this
13
chapter
.
14
2.
The
secretary
may
conduct
a
special
referendum
at
any
15
time
after
the
Iowa
dairy
industry
commission
is
reactivated,
16
and
shall
hold
a
conduct
a
special
referendum
on
request
upon
17
receiving
a
petition
of
a
representative
group
comprising
ten
18
percent
or
more
of
the
number
of
producers
eligible
to
vote,
19
to
determine
whether
the
producers
favor
the
termination
or
20
suspension
or
termination
of
the
excise
tax
state
assessment
21
for
direct
use
.
The
secretary
shall
suspend
or
terminate
22
collection
of
the
excise
tax
within
state
assessment
for
direct
23
use
no
later
than
six
months
after
the
secretary
determines
24
that
suspension
or
termination
of
the
excise
tax
state
25
assessment
is
favored
by
a
majority
of
the
producers
voting
26
in
the
special
referendum,
and
shall
suspend
or
terminate
the
27
excise
tax
state
assessment
in
an
orderly
manner
as
soon
as
28
practicable
after
the
determination.
29
Sec.
12.
NEW
SECTION
.
179.13A
Referendums
and
special
30
questions
——
establishment,
increase,
or
termination
of
a
state
31
assessment.
32
1.
a.
If
a
state
assessment
for
direct
use
is
established,
33
and
upon
receipt
of
a
petition
of
producers
that
otherwise
34
complies
with
requirements
to
conduct
an
initial
referendum
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under
section
179.13,
subsection
1,
the
secretary
shall
conduct
1
a
special
referendum
to
determine
whether
to
establish
a
state
2
assessment
for
water
quality
and
soil
conservation.
3
b.
Upon
receipt
of
a
petition
of
producers
that
otherwise
4
complies
with
requirements
to
conduct
an
initial
referendum
5
under
section
179.13,
the
secretary
shall
include
as
part
of
6
the
initial
referendum
conducted
pursuant
to
section
179.13,
7
subsection
1,
a
separate
special
question
whether
to
establish
8
a
state
assessment
for
water
quality
and
soil
conservation,
if
9
the
secretary
determines
the
inclusion
of
the
special
question
10
is
cost-effective
or
the
petition
demands
inclusion.
11
c.
The
secretary
shall
conduct
the
special
referendum
12
under
this
subsection
or
include
the
separate
special
question
13
as
part
of
an
initial
or
special
referendum
conducted
under
14
section
179.13,
subsection
1,
in
consultation
with
the
15
commission
and
which
may
be
based
on
the
same
procedures
for
16
conducting
an
initial
referendum
under
section
179.13.
17
d.
If
the
secretary
determines
that
the
establishment
of
18
a
state
assessment
for
water
quality
and
soil
conservation
is
19
favored
by
a
majority
of
the
producers
voting
in
a
special
20
referendum
under
this
subsection
or
in
an
initial
referendum
21
conducted
under
section
179.13,
subsection
1,
that
includes
22
a
special
question
as
provided
in
paragraph
“b”
,
the
state
23
assessment
shall
commence
on
a
date
determined
by
the
secretary
24
after
consultation
with
the
commission
but
not
later
than
six
25
months
after
the
date
that
the
special
or
initial
referendum
26
was
conducted.
27
2.
a.
If
a
national
assessment
is
being
collected,
and
upon
28
receipt
of
a
petition
of
producers
that
otherwise
complies
with
29
requirements
to
conduct
an
initial
referendum
under
section
30
179.13,
subsection
1,
the
secretary
shall
conduct
a
special
31
referendum
to
determine
whether
to
establish
a
state
assessment
32
for
water
quality
and
soil
conservation.
33
b.
Upon
receipt
of
a
petition
of
producers
that
otherwise
34
complies
with
requirements
to
conduct
an
initial
referendum
35
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under
section
179.13,
subsection
1,
the
secretary
shall
include
1
as
part
of
the
referendum
to
establish
a
national
assessment,
2
a
separate
special
question
whether
to
establish
a
state
3
assessment
for
water
quality
and
soil
conservation,
if
the
4
secretary
determines
the
inclusion
of
the
special
question
5
complies
with
federal
law
and
either
is
cost-effective
or
the
6
petition
demands
inclusion.
7
c.
The
secretary
shall
conduct
the
special
referendum
under
8
this
subsection
or
include
the
special
question
as
part
of
a
9
referendum
to
establish
a
national
referendum
in
consultation
10
with
the
Iowa
state
dairy
association
and
which
may
be
based
on
11
the
same
procedures
for
conducting
an
initial
referendum
under
12
section
179.13,
subsection
1,
or
a
referendum
to
establish
a
13
national
assessment.
14
d.
If
the
secretary
determines
that
the
establishment
of
15
a
state
assessment
for
water
quality
and
soil
conservation
is
16
favored
by
a
majority
of
the
producers
voting
in
a
special
17
referendum
conducted
under
paragraph
“a”
or
a
referendum
18
to
establish
a
national
assessment
that
includes
a
special
19
question
as
provided
in
paragraph
“b”
,
the
state
assessment
20
shall
commence
on
a
date
determined
by
the
secretary
after
21
consultation
with
the
Iowa
state
dairy
association
but
22
not
later
than
six
months
after
the
date
that
the
special
23
referendum
or
referendum
establishing
a
national
assessment
was
24
conducted.
25
3.
a.
If
the
rate
of
the
national
assessment
has
been
26
increased,
and
upon
receipt
of
a
petition
of
producers
that
27
otherwise
complies
with
requirements
to
conduct
an
initial
28
referendum
under
section
179.13,
subsection
1,
the
secretary
29
shall
conduct
a
special
referendum
to
determine
whether
to
30
increase
the
rate
of
the
state
assessment
for
water
quality
and
31
soil
conservation
to
equal
the
rate
of
the
national
assessment.
32
b.
Upon
receipt
of
a
petition
of
producers
that
otherwise
33
complies
with
requirements
to
conduct
an
initial
referendum
34
under
section
179.13,
subsection
1,
the
secretary
shall
include
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as
part
of
a
referendum
to
increase
the
rate
of
the
national
1
assessment,
a
separate
special
question
whether
to
increase
2
the
rate
of
the
state
assessment
for
water
quality
and
soil
3
conservation
to
equal
the
increase
in
the
national
assessment,
4
if
the
secretary
determines
the
inclusion
of
the
special
5
question
complies
with
federal
law
and
is
either
cost-effective
6
or
the
petition
demands
inclusion.
7
c.
The
secretary
shall
conduct
the
special
referendum
under
8
this
subsection,
or
include
the
special
question
as
part
of
a
9
referendum
to
increase
the
national
assessment,
in
consultation
10
with
the
Iowa
state
dairy
association
and
which
may
be
based
on
11
the
same
procedures
for
conducting
an
initial
referendum
under
12
section
179.13,
subsection
1,
or
a
referendum
to
increase
the
13
rate
of
the
national
assessment.
14
d.
If
the
national
assessment
is
increased,
and
the
15
secretary
determines
that
an
increase
in
the
state
assessment
16
for
water
quality
and
soil
conservation
is
favored
by
a
17
majority
of
the
producers
voting
in
a
special
referendum
or
18
referendum
to
increase
the
rate
of
the
national
assessment,
19
the
rate
of
the
state
assessment
shall
be
increased
on
a
date
20
determined
by
the
secretary
after
consultation
with
the
Iowa
21
state
dairy
association
but
not
later
than
six
months
after
the
22
date
that
the
special
referendum
or
referendum
establishing
a
23
national
assessment
was
conducted.
If
a
special
referendum
or
24
separate
special
question
to
increase
the
rate
of
the
state
25
assessment
for
water
quality
and
soil
conservation
does
not
26
pass,
the
result
of
the
vote
shall
not
affect
the
existence
or
27
length
of
the
period
when
the
state
assessment
is
in
effect.
28
4.
a.
If
a
state
assessment
for
direct
use
is
imposed,
29
and
upon
receipt
of
a
petition
of
producers
that
otherwise
30
complies
with
requirements
to
conduct
a
special
referendum
31
under
section
179.13,
subsection
2,
the
secretary
shall
conduct
32
a
special
referendum
to
determine
whether
to
terminate
the
33
state
assessment
for
water
quality
and
soil
conservation.
34
b.
Upon
receipt
of
a
petition
of
producers
that
otherwise
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complies
with
requirements
to
conduct
a
special
referendum
1
under
section
179.13,
subsection
2,
the
secretary
shall
include
2
as
part
of
a
special
referendum
to
suspend
or
terminate
the
3
state
assessment
for
direct
use
conducted
pursuant
to
section
4
179.13,
subsection
2,
a
separate
special
question
whether
to
5
terminate
the
state
assessment
for
water
quality
and
soil
6
conservation,
if
the
secretary
determines
the
inclusion
of
the
7
special
question
is
cost-effective
or
the
petition
demands
8
inclusion.
9
c.
The
secretary
shall
conduct
the
special
referendum
under
10
this
subsection
or
include
the
separate
special
question
as
11
part
of
a
special
referendum
conducted
under
section
179.13,
12
subsection
2,
in
consultation
with
the
commission
and
which
13
may
be
based
on
the
same
procedures
for
conducting
a
special
14
referendum
under
section
179.13,
subsection
2.
15
d.
If
the
secretary
determines
that
the
termination
of
a
16
state
assessment
for
water
quality
and
soil
conservation
is
17
favored
by
a
majority
of
the
producers
voting
in
a
special
18
referendum
under
this
subsection,
or
a
special
referendum
19
conducted
under
section
179.13,
subsection
2,
the
state
20
assessment
shall
terminate
on
a
date
determined
by
the
21
secretary
after
consultation
with
the
commission
but
not
later
22
than
six
months
after
the
date
that
the
special
or
initial
23
referendum
was
conducted.
The
secretary
shall
terminate
the
24
state
assessment
in
an
orderly
manner
as
soon
as
practical.
25
5.
The
secretary
shall
terminate
the
state
assessment
for
26
water
quality
and
soil
and
water
conservation
upon
determining
27
that
the
state
assessment
for
direct
use
and
the
national
28
assessment
are
terminated.
The
secretary
shall
terminate
the
29
state
assessment
in
an
orderly
manner
as
soon
as
practical.
30
DIVISION
II
31
IOWA
BEEF
CATTLE
PRODUCERS
ASSOCIATION
——
EXECUTIVE
COMMITTEE
32
Sec.
13.
Section
181.1,
subsection
10,
Code
2017,
is
amended
33
to
read
as
follows:
34
10.
“State
assessment”
means
an
excise
tax
on
the
sale
of
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cattle
imposed
pursuant
to
this
chapter
which
may
include
a
1
state
assessment
for
direct
use
and
a
state
assessment
for
2
water
quality
and
soil
conservation
.
3
Sec.
14.
Section
181.2,
Code
2017,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
5.
Cooperate
with
the
division
of
soil
6
conservation
and
water
quality
of
the
department
of
agriculture
7
and
land
stewardship
in
transferring
moneys
collected
from
the
8
state
assessment
for
water
quality
and
soil
conservation
to
the
9
water
quality
and
soil
conservation
fund
created
in
section
10
466B.51
and
for
being
reimbursed
for
reasonable
expenses
11
incurred
in
conducting
an
initial
or
special
referendum
to
12
establish,
continue,
or
terminate
a
state
assessment
for
water
13
quality
and
soil
conservation.
14
Sec.
15.
Section
181.7A,
Code
2017,
is
amended
to
read
as
15
follows:
16
181.7A
Commencement
of
federal
assessment
——
suspension
and
17
recommencement
of
state
assessment
——
rate.
18
1.
Prior
to
the
commencement
of
the
collection
of
19
the
federal
assessment,
the
executive
committee
may
seek
20
certification
as
a
qualified
state
beef
council
within
the
21
meaning
of
the
federal
Act.
22
2.
The
executive
committee
shall
suspend
the
state
23
assessment
for
direct
use
upon
collection
of
the
federal
24
assessment.
The
state
assessment
for
direct
use
shall
25
recommence
upon
the
earlier
of
the
following:
26
a.
The
noncollection
of
the
federal
assessment.
The
27
recommenced
state
assessment
for
direct
use
shall
be
imposed
28
for
a
four-year
period.
Its
effective
date
shall
be
the
first
29
date
for
which
the
federal
assessment
is
not
collected.
30
b.
The
passage
of
a
special
referendum
pursuant
to
section
31
181.19
regardless
of
whether
a
federal
assessment
is
being
32
collected.
33
3.
The
rate
of
the
recommenced
state
assessment
shall
be
the
34
same
as
the
rate
that
was
last
in
effect
under
section
181.19
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immediately
prior
to
the
suspension
of
the
state
assessment.
1
4.
The
state
assessment
for
water
quality
and
soil
2
conservation
shall
continue
to
be
imposed
during
any
period
of
3
suspension
of
the
state
assessment
for
direct
use
so
long
as
4
the
state
assessment
for
water
quality
and
soil
conservation
is
5
not
terminated
pursuant
to
section
181.19A.
6
Sec.
16.
Section
181.8,
Code
2017,
is
amended
to
read
as
7
follows:
8
181.8
Executive
committee
——
entering
premises
——
examining
9
records.
10
The
executive
committee
may
authorize
its
agents
to
enter
at
11
a
reasonable
time
upon
the
premises
of
any
purchaser
charged
12
by
this
chapter
with
remitting
the
a
state
assessment
for
13
direct
use
or
a
state
assessment
for
water
quality
and
soil
14
conservation
to
the
executive
committee
,
and
to
.
The
agents
15
may
examine
records
and
other
instruments
relating
to
the
16
collection
of
the
a
state
assessment.
However,
the
executive
17
committee
must
first
have
reasonable
grounds
to
believe
that
18
the
a
state
assessment
has
not
been
remitted
or
fully
accounted
19
for.
20
Sec.
17.
Section
181.11,
Code
2017,
is
amended
to
read
as
21
follows:
22
181.11
Collection
of
state
assessment
assessments
.
23
1.
A
state
assessment
for
direct
use
or
a
state
assessment
24
for
water
quality
and
soil
conservation
imposed
as
provided
in
25
this
chapter
shall
be
levied
and
collected
from
the
purchaser
26
on
each
sale
of
cattle
at
a
rate
provided
in
this
chapter
.
The
27
state
assessment
for
direct
use
or
a
state
assessment
for
water
28
quality
and
soil
conservation
shall
be
imposed
on
any
person
29
selling
cattle
and
shall
be
deducted
by
the
purchaser
from
the
30
price
paid
to
the
seller.
The
purchaser,
at
the
time
of
the
31
sale,
shall
make
and
deliver
to
the
seller
a
separate
invoice
32
for
each
sale
showing
the
names
and
addresses
of
the
seller
33
and
the
purchaser,
the
number
of
cattle
sold,
and
the
date
of
34
sale.
The
purchaser
shall
forward
the
state
assessment
for
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direct
use
and
any
state
assessment
for
water
quality
and
soil
1
conservation
to
the
executive
committee
at
a
time
prescribed
by
2
the
executive
committee,
but
not
later
than
the
last
day
of
the
3
month
following
the
end
of
the
prior
reporting
period
in
which
4
the
cattle
are
sold.
5
2.
The
executive
committee
may
enter
into
arrangements
with
6
persons
purchasing
cattle
outside
of
this
state
for
remitting
7
the
state
assessment
for
direct
use
and
any
state
assessment
8
for
water
quality
and
soil
conservation
by
such
purchasers.
9
Sec.
18.
Section
181.12,
Code
2017,
is
amended
to
read
as
10
follows:
11
181.12
Remission
of
state
assessment
assessments
on
12
application.
13
1.
a.
A
person
from
whom
a
state
assessment
for
direct
14
use
is
collected
may,
by
written
application
filed
with
the
15
executive
committee
within
ninety
days
after
its
collection,
16
have
the
amount
remitted
to
the
person
by
the
executive
17
committee.
18
b.
A
person
from
whom
a
state
assessment
for
water
quality
19
and
soil
conservation
is
collected
may,
by
written
application
20
filed
with
the
council
as
provided
in
paragraph
“a”
,
have
21
the
amount
remitted
to
the
person
by
the
division
of
soil
22
conservation
and
water
quality
of
the
department
of
agriculture
23
and
land
stewardship.
Within
sixty
days
after
its
collection,
24
the
council
shall
transmit
any
approved
application
to
the
25
division
for
a
refund
payment.
26
2.
The
information
that
the
a
state
assessment
described
27
in
subsection
1
is
refundable
and
the
address
of
the
executive
28
committee
to
which
application
for
a
refund
may
be
made
shall
29
appear
on
the
invoice
of
sale
form
supplied
by
the
purchaser
to
30
the
producer
near
the
area
on
the
form
which
shows
the
amount
31
of
the
state
assessment
paid.
32
3.
a.
The
executive
committee
shall
furnish
uniform
33
application
for
refund
forms
and
make
the
refund
forms
readily
34
available
to
all
producers.
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b.
The
form
shall
allow
the
applicant
to
elect
whether
1
the
refund
is
for
the
state
assessment
for
direct
use
or
the
2
state
assessment
for
water
quality
and
soil
conservation
or
3
both.
The
council
shall
not
approve
an
application
unless
the
4
application
indicates
the
election.
A
purchaser
charged
by
5
this
chapter
with
remitting
the
a
state
assessment
shall
make
6
the
forms
readily
available
to
all
producers.
7
Sec.
19.
Section
181.13,
Code
2017,
is
amended
to
read
as
8
follows:
9
181.13
Administration
of
moneys
originating
from
state
10
assessment
assessments
——
appropriation.
11
1.
a.
All
moneys,
other
than
moneys
from
the
state
12
assessments
assessment
for
water
quality
and
soil
conservation
13
imposed
under
this
chapter
shall
be
paid
to
and
collected
14
by
the
executive
committee
and
deposited
with
the
treasurer
15
of
state
in
a
separate
cattle
promotion
fund
which
shall
16
be
created
by
the
treasurer
of
state.
The
department
of
17
administrative
services
shall
transfer
moneys
from
the
18
fund
to
the
executive
committee
for
deposit
into
an
account
19
established
by
the
executive
committee
in
a
qualified
20
financial
institution.
The
department
shall
transfer
the
21
moneys
as
provided
in
a
resolution
adopted
by
the
executive
22
committee.
However,
the
department
is
only
required
to
23
transfer
moneys
once
during
each
day
and
only
during
hours
when
24
the
offices
of
the
state
are
open.
From
the
moneys
,
other
25
than
moneys
from
the
state
assessment
for
water
quality
and
26
soil
conservation,
collected,
deposited,
and
transferred
to
27
the
executive
committee,
in
accordance
with
the
provisions
28
of
this
chapter
,
the
executive
committee
shall
first
pay
the
29
costs
of
referendums
held
pursuant
to
this
chapter
,
the
costs
30
of
collection
of
such
state
assessments,
and
the
expenses
of
31
its
agents.
At
least
ten
percent
of
the
remaining
moneys
shall
32
be
remitted
to
the
association
in
proportions
determined
by
33
the
executive
committee,
for
use
in
a
manner
not
inconsistent
34
with
section
181.7
.
The
remaining
moneys,
with
approval
of
a
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majority
of
the
executive
committee,
shall
be
expended
as
the
1
executive
committee
finds
necessary
to
carry
out
the
provisions
2
and
purposes
of
this
chapter
.
However,
in
no
event
shall
the
3
total
expenses
exceed
the
total
amount
transferred
from
the
4
fund
for
use
by
the
executive
committee.
5
2.
b.
All
moneys
deposited
in
the
cattle
promotion
fund
and
6
transferred
to
the
executive
committee
pursuant
to
this
section
7
are
appropriated
and
shall
be
used
for
the
administration
8
of
this
chapter
and
for
the
payment
of
claims
based
upon
9
obligations
incurred
in
the
performance
of
activities
and
10
functions
set
forth
in
this
chapter
.
11
3.
c.
If
the
state
assessment
for
direct
use
is
suspended
12
as
provided
in
section
181.7A
or
a
continuance
special
13
referendum
to
continue
the
state
assessment
for
water
quality
14
and
soil
conservation
fails
to
pass
as
provided
in
section
15
181.19A
,
moneys
remaining
in
the
cattle
promotion
fund
and
16
transferred
to
the
executive
committee
shall
continue
to
be
17
transferred
and
expended
in
accordance
with
the
provisions
of
18
this
chapter
until
exhausted.
19
2.
a.
All
moneys
collected
from
the
state
assessment
20
for
water
quality
and
soil
conservation
imposed
under
this
21
chapter
shall
be
paid
to
and
collected
by
the
council
and
22
may
be
deposited
in
a
qualified
financial
institution
until
23
transferred
to
the
water
quality
and
soil
conservation
fund
24
created
in
section
466B.51.
If
the
state
assessment
for
water
25
quality
and
soil
conservation
is
terminated
as
provided
in
26
section
181.19A,
the
remaining
moneys
collected
from
that
27
state
assessment
shall
be
immediately
transferred
to
the
water
28
quality
and
soil
conservation
fund.
29
b.
Except
as
otherwise
expressly
provided
in
this
chapter,
30
moneys
collected
from
the
state
assessment
for
water
quality
31
and
soil
conservation
shall
not
be
used
for
any
purpose
32
other
than
to
be
transferred
to
the
water
quality
and
soil
33
conservation
fund
created
in
section
466B.51.
34
Sec.
20.
Section
181.19,
Code
2017,
is
amended
to
read
as
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follows:
1
181.19
Initial
and
special
referendums.
2
1.
The
secretary
shall,
upon
the
petition
of
five
hundred
3
producers,
conduct
an
initial
referendum
to
determine
whether
4
a
state
assessment
for
direct
use
is
to
be
established.
If
5
established,
the
state
assessment
for
direct
use
shall
be
6
imposed
,
at
a
rate
established
by
the
executive
committee
7
not
to
exceed
one
dollar
per
head
on
all
cattle
sold
for
any
8
purpose.
9
2.
The
secretary
shall,
upon
the
petition
of
five
hundred
10
producers,
conduct
a
special
referendum
to
do
any
of
the
11
following:
12
a.
Determine
whether
a
state
assessment
for
direct
use
13
already
imposed
shall
be
increased
to
a
rate,
established
by
14
the
executive
committee,
not
to
exceed
one
dollar
per
head
on
15
all
cattle
sold
for
any
purpose.
16
b.
Determine
whether
a
state
assessment
for
direct
use
17
suspended
pursuant
to
section
181.7A
is
to
be
in
addition
to
a
18
federal
assessment.
The
state
assessment
for
direct
use
shall
19
be
imposed
at
a
rate
not
to
exceed
one
dollar
per
head
on
all
20
cattle
sold
for
whatever
purpose.
21
3.
a.
Upon
receipt
of
a
petition
that
otherwise
complies
22
with
the
requirements
of
subsection
1,
the
secretary
shall
23
conduct
a
special
referendum
to
establish
a
state
assessment
24
for
water
quality
and
soil
conservation
to
be
imposed
in
the
25
same
manner
as
a
state
assessment
for
direct
use.
26
b.
The
rate
of
the
state
assessment
for
water
quality
27
and
soil
conservation
shall
be
the
same
rate
as
the
state
28
assessment
for
direct
use
in
effect
on
the
date
that
the
29
special
referendum
to
impose
a
state
assessment
for
water
30
quality
and
soil
conservation
passes.
However,
if
a
federal
31
assessment
is
imposed,
the
rate
of
the
state
assessment
for
32
water
quality
and
soil
conservation
shall
be
the
same
rate
as
33
the
federal
assessment.
If
a
state
assessment
for
direct
use
34
and
a
federal
assessment
are
both
being
imposed,
the
rate
of
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the
state
assessment
for
water
quality
and
soil
conservation
1
shall
be
the
same
as
the
rate
of
the
state
assessment
for
2
direct
use
plus
the
rate
of
the
federal
assessment.
3
4.
Upon
receipt
of
a
petition
that
otherwise
complies
with
4
the
requirements
of
subsection
1,
the
secretary
shall
include
5
as
part
of
the
initial
referendum
a
separate
special
question
6
whether
to
establish
a
state
assessment
for
water
quality
7
and
soil
conservation
as
described
in
subsection
3,
if
the
8
secretary
determines
the
inclusion
of
the
special
question
is
9
cost-effective
or
the
petition
demands
inclusion.
10
5.
a.
Upon
receipt
of
a
petition
that
otherwise
complies
11
with
the
requirements
of
subsection
2,
the
secretary
shall
12
conduct
a
special
referendum
to
change
the
rate
of
the
state
13
assessment
for
water
quality
and
soil
conservation
to
equal
the
14
rate
of
the
state
assessment
for
direct
use
and
any
federal
15
assessment
as
described
in
subsection
2.
16
b.
Upon
receipt
of
a
petition
that
otherwise
complies
with
17
the
requirements
of
subsection
2,
the
secretary
shall
include
18
as
part
of
the
special
referendum
conducted
under
subsection
19
2
a
separate
special
question
whether
to
change
the
rate
of
20
the
state
assessment
for
water
quality
and
soil
conservation
21
to
equal
the
rate
of
the
state
assessment
for
direct
use
and
22
any
federal
assessment
as
described
in
subsection
2,
if
the
23
secretary
determines
the
inclusion
of
the
special
question
is
24
cost-effective
or
the
petition
demands
inclusion.
25
6.
a.
If
a
an
initial
referendum
or
a
special
referendum
26
described
in
this
section
passes,
the
secretary
shall
establish
27
an
effective
date
to
commence
the
state
assessment
for
direct
28
use
or
the
change
in
the
rate
of
the
state
assessment
for
29
direct
use
.
However,
the
state
assessment
or
the
change
in
the
30
rate
of
the
state
assessment
must
be
commenced
within
ninety
31
days
from
the
date
that
the
secretary
determines
that
the
32
referendum
has
passed.
33
b.
If
a
state
assessment
for
water
quality
and
soil
34
conservation
is
established
or
the
rate
of
the
state
assessment
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for
water
quality
and
soil
conservation
changes
under
this
1
section,
the
secretary
shall
establish
an
effective
date
to
2
commence
the
state
assessment
or
change
the
rate
of
the
state
3
assessment
in
the
same
manner
as
provided
in
paragraph
“a”
.
4
4.
7.
a.
If
a
special
referendum
to
increase
the
rate
of
5
the
state
assessment
for
direct
use
does
not
pass,
the
result
6
of
the
special
referendum
shall
not
affect
the
existence
or
7
length
of
the
state
assessment
that
is
in
effect
on
the
date
8
that
the
special
referendum
was
conducted.
9
b.
If
a
special
referendum,
or
a
separate
special
question
10
that
is
part
of
a
special
referendum
conducted
under
this
11
section,
to
change
the
rate
of
the
state
assessment
for
water
12
quality
and
soil
conservation
does
not
pass,
the
result
of
the
13
vote
shall
not
affect
the
existence
or
period
that
the
state
14
assessment
is
in
effect.
15
8.
A
state
assessment
for
water
quality
and
soil
16
conservation
is
terminated
on
the
date
that
the
state
17
assessment
for
direct
use
is
terminated,
unless
a
federal
18
assessment
is
imposed.
19
Sec.
21.
Section
181.19A,
Code
2017,
is
amended
to
read
as
20
follows:
21
181.19A
Continuance
referendum
Special
referendums
——
22
continuance
or
termination
.
23
1.
The
secretary
shall,
upon
the
receipt
of
a
petition
24
of
producers,
conduct
a
continuance
special
referendum
to
25
determine
whether
a
state
assessment
for
direct
use
established
26
in
section
181.19
should
be
renewed
continued
.
The
secretary
27
must
receive
the
petition
not
less
than
one
hundred
fifty
and
28
not
more
than
two
hundred
forty
days
before
the
four-year
29
anniversary
of
a
state
assessment’s
the
effective
date
of
30
the
state
assessment
for
direct
use
.
The
petition
must
be
31
signed
within
that
period
by
a
number
of
producers
equal
to
32
or
greater
than
two
percent
of
the
number
of
producers
in
33
this
state
reported
in
the
most
recent
United
States
census
34
of
agriculture,
requesting
a
special
referendum
to
determine
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whether
to
continue
the
state
assessment
for
direct
use
.
1
The
special
referendum
shall
be
conducted
not
earlier
than
2
thirty
days
before
the
four-year
anniversary
date
of
the
state
3
assessment
for
direct
use
.
4
2.
a.
The
secretary
shall,
upon
receipt
of
a
petition
5
of
producers
otherwise
complying
with
the
requirements
of
6
subsection
1,
conduct
a
special
referendum
to
determine
whether
7
the
state
assessment
for
water
quality
and
soil
conservation
8
established
in
section
181.19
should
be
continued.
The
special
9
referendum
shall
be
conducted
in
the
same
manner
as
a
special
10
referendum
conducted
under
subsection
1.
11
b.
The
secretary
shall,
upon
receipt
of
a
petition
complying
12
with
the
requirements
of
subsection
1,
include
as
part
of
13
a
special
referendum
provided
in
subsection
1
a
separate
14
special
question
whether
a
state
assessment
for
water
quality
15
and
soil
conservation
should
be
continued,
if
the
secretary
16
determines
the
inclusion
of
the
separate
special
question
is
17
cost-effective
or
the
petition
demands
inclusion.
18
2.
3.
a.
If
the
secretary
determines
that
a
continuance
19
special
referendum
has
passed
under
subsection
1
,
the
state
20
assessment
for
direct
use
shall
continue
in
effect
for
four
21
additional
years
from
the
anniversary
of
its
effective
date.
22
b.
If
the
secretary
determines
that
a
special
referendum
23
or
special
question
to
continue
the
state
assessment
for
water
24
quality
and
soil
conservation
has
passed
under
subsection
2,
25
the
state
assessment
shall
be
in
effect
until
the
anniversary
26
of
the
effective
date
of
the
state
assessment
for
direct
use
27
described
in
paragraph
“a”
.
28
3.
4.
a.
If
the
secretary
determines
that
the
a
special
29
referendum
to
continue
the
state
assessment
for
direct
use
has
30
not
passed,
the
secretary
and
the
executive
committee
shall
31
terminate
the
state
assessment
in
an
orderly
manner
as
soon
as
32
practicable
after
the
determination.
33
b.
If
the
secretary
determines
that
a
special
referendum
34
to
continue
the
state
assessment
for
water
quality
and
soil
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conservation
has
not
passed,
the
secretary
and
the
executive
1
committee
shall
terminate
the
state
assessment
in
the
same
2
manner
as
described
in
paragraph
“a”
.
3
c.
A
state
assessment
for
water
quality
and
soil
4
conservation
is
terminated
on
the
date
that
the
state
5
assessment
for
direct
use
is
terminated,
unless
a
federal
6
assessment
is
imposed.
7
5.
a.
Another
If
the
secretary
determines
that
a
special
8
referendum
to
continue
the
state
assessment
for
direct
use
has
9
not
passed,
another
initial
referendum
conducted
under
section
10
181.19
to
determine
whether
to
establish
a
state
assessment
11
for
direct
use
shall
not
be
held
conducted
for
at
least
one
12
hundred
eighty
days
from
the
date
that
the
state
assessment
is
13
terminated.
14
b.
If
the
secretary
determines
that
a
special
referendum
15
to
continue
the
state
assessment
for
water
quality
and
soil
16
conservation
has
not
passed,
another
special
referendum
to
17
establish
the
state
assessment
or
another
initial
or
special
18
referendum
that
includes
a
separate
special
question
to
19
establish
the
state
assessment
shall
not
be
conducted
for
at
20
least
one
hundred
eighty
days
from
the
date
that
the
state
21
assessment
was
terminated.
22
4.
6.
If
no
a
valid
petition
for
a
continuance
referendum
23
provided
in
this
section
is
not
received
by
the
secretary
24
within
the
time
period
provided
in
this
section
,
the
state
25
assessment
for
direct
use
or
the
state
assessment
for
water
26
quality
and
soil
conservation
shall
continue
in
effect
for
four
27
additional
years
from
the
anniversary
of
its
the
effective
date
28
of
the
initial
referendum
establishing
the
state
assessment
for
29
direct
use
.
30
DIVISION
III
31
IOWA
SHEEP
AND
WOOL
PROMOTION
BOARD
32
Sec.
22.
Section
182.1,
subsection
1,
Code
2017,
is
amended
33
to
read
as
follows:
34
1.
“Assessment”
means
an
excise
tax
on
the
sale
of
sheep
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or
wool
as
provided
in
this
chapter
which
may
include
an
1
assessment
for
direct
use
and
a
state
assessment
for
water
2
quality
and
soil
conservation
.
3
Sec.
23.
Section
182.1,
Code
2017,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
6A.
“Qualified
financial
institution”
means
6
a
bank
or
credit
union
as
defined
in
section
12C.1.
7
Sec.
24.
Section
182.2,
Code
2017,
is
amended
to
read
as
8
follows:
9
182.2
Petition
for
initial
referendum
election
.
10
Upon
receipt
of
a
petition
signed
by
at
least
fifty
producers
11
in
each
district
requesting
a
an
initial
referendum
by
election
12
to
determine
whether
to
establish
the
board
and
to
impose
an
13
assessment
for
direct
use
,
the
secretary
shall
call
a
the
14
initial
referendum
to
be
conducted
within
sixty
days
following
15
receipt
of
the
petition.
16
Sec.
25.
Section
182.3,
Code
2017,
is
amended
to
read
as
17
follows:
18
182.3
Notice
of
initial
referendum.
19
The
secretary
shall
give
notice
of
the
initial
referendum
20
on
the
question
of
whether
to
establish
an
Iowa
sheep
and
wool
21
promotion
board
and
to
impose
the
an
assessment
for
direct
use
22
by
publishing
the
notice
for
a
period
of
not
less
than
five
23
days
in
at
least
one
newspaper
of
general
circulation
in
the
24
state.
The
notice
shall
state
the
voting
places,
period
of
25
time
for
voting,
and
other
information
deemed
necessary
by
the
26
secretary.
27
A
An
initial
referendum
shall
not
be
commenced
until
five
28
days
after
the
last
date
of
publication.
29
Sec.
26.
Section
182.4,
Code
2017,
is
amended
to
read
as
30
follows:
31
182.4
Establishment
of
sheep
and
wool
promotion
board
——
32
assessment
assessments
——
termination.
33
1.
Each
producer
who
signs
a
statement
certifying
that
34
the
producer
is
a
bona
fide
producer
is
entitled
to
one
vote
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in
an
initial
referendum
conducted
under
this
section
.
At
1
the
close
of
the
initial
referendum,
the
secretary
shall
2
count
and
tabulate
the
ballots
cast.
If
a
majority
of
voters
3
favor
establishing
an
Iowa
sheep
and
wool
promotion
board
and
4
imposing
establishing
an
assessment
for
direct
use
,
an
Iowa
5
sheep
and
wool
promotion
the
board
and
assessment
shall
be
6
established.
The
assessment
for
direct
use
shall
be
imposed
7
commencing
not
more
than
sixty
days
following
the
initial
8
referendum
as
determined
by
the
Iowa
sheep
and
wool
promotion
9
board,
and
shall
continue
until
the
board
and
assessment
for
10
direct
use
are
terminated
by
a
special
referendum
as
provided
11
in
conducted
pursuant
to
subsection
2
4
.
12
2.
a.
If
the
board
is
in
existence,
and
upon
receipt
of
13
a
petition
signed
by
at
least
twenty-five
producers
in
each
14
district
requesting
a
special
referendum
to
determine
whether
15
to
establish
a
state
assessment
for
water
quality
and
soil
16
conservation,
the
secretary
shall
call
the
special
referendum
17
to
be
conducted
in
the
same
manner
as
provided
in
subsection
1.
18
b.
If
a
board
is
not
in
existence,
and
upon
receipt
of
a
19
petition
that
complies
with
the
requirements
of
paragraph
“a”
20
the
secretary
shall
include
as
part
of
the
initial
referendum
21
a
separate
special
question
whether
to
establish
a
state
22
assessment
for
water
quality
and
soil
conservation,
if
the
23
secretary
determines
the
inclusion
of
the
special
question
is
24
cost-effective
or
the
petition
demands
inclusion.
25
c.
If
a
majority
of
voters
favor
establishing
the
state
26
assessment
for
water
quality
and
soil
conservation,
the
state
27
assessment
shall
be
imposed
in
the
same
manner
and
for
the
same
28
period
as
the
assessment
for
direct
use
described
in
subsection
29
1.
30
3.
a.
If
a
majority
of
the
voters
do
not
favor
establishing
31
an
Iowa
sheep
and
wool
promotion
a
board
and
imposing
the
an
32
assessment
for
direct
use
,
the
board
and
an
assessment
shall
33
not
be
established,
and
the
assessment
shall
not
be
imposed
34
and
the
board
shall
not
be
established
until
another
initial
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referendum
is
held
conducted
under
this
chapter
and
a
majority
1
of
the
voters
favor
establishing
a
board
and
imposing
the
an
2
assessment.
If
a
an
initial
referendum
fails,
another
initial
3
referendum
shall
not
be
held
within
conducted
for
at
least
4
one
hundred
eighty
days
from
the
date
of
the
last
initial
5
referendum
.
6
b.
If
a
majority
of
the
voters
do
not
favor
establishing
a
7
state
assessment
for
water
quality
and
soil
conservation,
the
8
state
assessment
shall
not
be
established
until
another
special
9
referendum,
or
another
separate
special
question
that
is
part
10
of
an
initial
referendum,
is
conducted
under
this
chapter
11
and
a
majority
of
the
voters
favor
establishing
the
state
12
assessment.
If
a
special
referendum
or
special
question
fails,
13
another
special
referendum
or
initial
referendum
which
includes
14
a
special
question
shall
not
be
conducted
within
one
hundred
15
eighty
days
from
the
date
that
the
last
such
special
referendum
16
or
initial
referendum
was
conducted.
17
2.
4.
Upon
receipt
of
a
petition
signed
by
at
least
18
twenty-five
producers
in
each
district
requesting
a
special
19
referendum
election
to
determine
whether
to
terminate
the
20
establishment
of
the
Iowa
sheep
and
wool
promotion
board
and
21
to
terminate
the
imposition
of
the
and
the
assessment
for
22
direct
use
,
the
secretary
shall
call
a
special
referendum
to
23
be
conducted
within
sixty
days
following
the
receipt
of
the
24
petition.
The
petitioners
shall
guarantee
the
payment
of
the
25
costs
of
a
the
special
referendum
held
conducted
under
this
26
subsection
.
If
the
majority
of
the
voters
of
a
voting
at
the
27
special
referendum
do
not
favor
termination,
an
additional
28
special
referendum
may
be
held
conducted
when
the
secretary
29
receives
a
petition
signed
by
at
least
twenty-five
producers
in
30
each
district.
However,
the
additional
referendum
shall
not
be
31
held
within
conducted
for
at
least
one
hundred
eighty
days
from
32
the
date
of
the
last
such
special
referendum
.
33
5.
a.
Upon
receipt
of
a
petition
that
otherwise
complies
34
with
the
requirements
of
subsection
4
requesting
a
special
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referendum
election
to
determine
whether
to
terminate
the
1
establishment
of
the
state
assessment
for
water
quality
2
and
soil
conservation,
the
secretary
shall
call
a
special
3
referendum
to
be
conducted
in
the
same
manner
as
provided
in
4
subsection
4.
5
b.
Upon
receipt
of
a
petition
that
otherwise
complies
6
with
the
requirements
of
subsection
4,
the
secretary
shall
7
include
as
part
of
the
special
referendum
conducted
under
that
8
subsection
a
separate
special
question
whether
to
terminate
the
9
state
assessment
for
water
quality
and
soil
conservation,
if
10
the
secretary
determines
the
inclusion
of
the
special
question
11
is
cost-effective
or
the
petition
demands
inclusion.
12
c.
The
petitioners
shall
guarantee
the
payment
of
the
costs
13
of
the
special
referendum
conducted
under
this
subsection.
14
d.
If
the
majority
of
the
voters
of
a
special
referendum
15
conducted
under
this
subsection
do
not
favor
termination,
16
an
additional
special
referendum
may
be
conducted
when
17
the
secretary
receives
a
petition
complying
with
the
same
18
requirements
as
described
in
this
subsection.
However,
the
19
additional
special
referendum
shall
not
be
conducted
for
at
20
least
one
hundred
eighty
days
from
the
date
of
the
last
such
21
special
referendum.
22
6.
A
state
assessment
for
water
quality
and
soil
23
conservation
is
terminated
on
the
date
that
the
assessment
for
24
direct
use
is
terminated.
The
secretary
shall
terminate
the
25
state
assessment
in
an
orderly
manner
as
soon
as
practical.
26
Sec.
27.
Section
182.11,
Code
2017,
is
amended
to
read
as
27
follows:
28
182.11
Purposes
of
board.
29
1.
The
purposes
of
the
board
shall
be
to:
30
1.
a.
Enter
into
contracts
or
agreements
with
or
make
31
grants
to
recognized
and
qualified
agencies,
individuals,
32
or
organizations
for
the
development
and
carrying
out
of
33
research
and
education
programs
directed
toward
better
and
more
34
efficient
production,
marketing,
and
utilization
of
sheep
and
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wool
and
their
products.
1
2.
b.
Provide
methods
and
means,
including,
but
not
limited
2
to,
public
relations
and
other
promotion
techniques
for
the
3
maintenance
of
present
markets.
4
3.
c.
Assist
in
development
of
new
or
larger
markets,
both
5
domestic
and
foreign,
for
sheep
and
wool
and
their
products.
6
2.
The
board
shall
cooperate
with
the
division
of
soil
7
conservation
and
water
quality
of
the
department
of
agriculture
8
and
land
stewardship
in
doing
all
of
the
following:
9
a.
Transferring
moneys
collected
from
the
state
assessment
10
for
water
quality
and
soil
conservation
to
the
water
quality
11
and
soil
conservation
fund
created
in
section
466B.51.
12
b.
Being
reimbursed
for
reasonable
expenses
incurred
in
13
conducting
an
initial
or
special
referendum
to
establish,
14
continue,
or
terminate
a
state
assessment
for
water
quality
and
15
soil
conservation.
16
Sec.
28.
Section
182.13,
Code
2017,
is
amended
to
read
as
17
follows:
18
182.13
Compensation
——
meetings.
19
Members
of
the
board
may
receive
payment
for
their
actual
20
expenses
and
travel
in
performing
official
board
functions.
21
Payment
shall
be
made
from
amounts
collected
from
the
22
assessment
for
direct
use
.
No
A
member
of
the
board
shall
not
23
be
a
salaried
employee
of
the
board
or
any
organization
or
24
agency
receiving
funds
moneys
collected
from
the
board.
The
25
board
shall
meet
at
least
once
every
three
months,
and
at
other
26
times
it
deems
necessary.
27
Sec.
29.
Section
182.13B,
Code
2017,
is
amended
to
read
as
28
follows:
29
182.13B
Assessment
rate
rates
.
30
1.
a.
If
a
majority
of
voters
voting
at
a
an
initial
31
referendum
conducted
pursuant
to
section
182.4
approve
the
32
establishment
of
an
Iowa
sheep
and
wool
promotion
the
board
and
33
the
imposition
of
an
assessment
for
direct
use
,
the
assessment
34
shall
be
imposed
on
wool
and
sheep
at
the
following
rates:
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a.
(1)
For
wool,
two
cents
imposed
on
each
pound
of
wool
1
sold
by
a
producer.
2
b.
(2)
For
sheep,
ten
cents
imposed
on
each
head
of
sheep
3
sold
by
a
producer.
4
b.
If
a
majority
of
voters
voting
at
a
special
referendum
5
conducted
pursuant
to
section
182.4
approve
the
establishment
6
of
a
state
assessment
for
water
quality
and
soil
conservation,
7
the
state
assessment
shall
be
imposed
on
wool
and
sheep
at
the
8
same
rates
described
in
paragraph
“a”
.
9
2.
a.
Notwithstanding
subsection
1
,
upon
a
resolution
10
adopted
by
the
board,
the
secretary
shall
call
a
special
11
referendum
for
voters
to
authorize
increasing
the
assessment
12
rate
of
the
assessment
for
direct
use
imposed
on
sheep
as
13
provided
in
this
section
or
increasing
the
assessment
for
14
direct
use
imposed
on
sheep
as
provided
in
this
section
.
15
b.
Notwithstanding
subsection
1,
upon
a
resolution
adopted
16
by
the
board,
the
secretary
shall
call
a
special
referendum
17
for
voters
to
authorize
increasing
the
rate
of
the
state
18
assessment
for
water
quality
and
soil
conservation
imposed
19
on
sheep
as
provided
in
this
section.
The
secretary
shall
20
include
as
part
of
the
special
referendum
to
increase
the
rate
21
of
the
assessment
for
direct
use
a
separate
special
question
22
whether
to
increase
the
rate
of
the
state
assessment
for
water
23
quality
and
soil
conservation,
if
the
secretary
determines
the
24
inclusion
of
the
special
question
is
cost-effective
or
the
25
resolution
demands
inclusion.
26
b.
c.
The
special
referendum
to
increase
the
rate
of
27
the
assessment
for
direct
use
or
to
increase
the
rate
of
the
28
state
assessment
for
water
quality
and
soil
conservation
shall
29
be
conducted
in
the
same
manner
as
a
an
initial
referendum
30
conducted
upon
receipt
of
a
petition
as
provided
in
this
31
chapter
section
182.4
,
unless
otherwise
provided
in
the
board’s
32
resolution.
Only
producers
are
eligible
to
vote
in
an
election
33
the
special
referendum
and
each
producer
is
entitled
to
one
34
vote.
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3.
a.
The
special
referendum
to
increase
the
rate
of
the
1
assessment
for
direct
use
conducted
pursuant
to
subsection
2
2
shall
allow
a
voter
to
cast
a
ballot
for
the
following
two
3
questions:
4
a.
(1)
For
the
first
question,
whether
to
authorize
an
5
increase
in
the
rate
of
assessment
rate
for
direct
use
to
6
twenty-five
cents
imposed
on
each
head
of
sheep.
7
b.
(2)
For
the
second
question,
if
the
first
question
is
8
approved
by
a
majority
of
voters,
whether
to
also
authorize
the
9
board
to
increase
that
assessment
the
rate
of
the
assessment
10
for
direct
use
by
future
resolution
as
provided
in
this
11
section
.
12
b.
The
special
referendum
to
increase
the
rate
of
the
state
13
assessment
for
water
quality
and
soil
conservation
shall
be
14
conducted
in
the
same
manner
as
described
in
subsection
2
and
15
shall
allow
a
voter
to
cast
a
ballot
for
the
following
two
16
questions:
17
(1)
For
the
first
question,
whether
to
authorize
an
increase
18
in
the
rate
of
state
assessment
for
water
quality
and
soil
19
conservation
to
twenty-five
cents
imposed
on
each
head
of
20
sheep.
21
(2)
For
the
second
question,
if
the
first
question
is
22
approved
by
a
majority
of
voters,
whether
to
also
authorize
23
the
board
to
increase
that
rate
of
state
assessment
for
water
24
quality
and
soil
conservation
by
future
resolution
as
provided
25
in
this
section.
26
c.
A
state
assessment
for
water
quality
and
soil
27
conservation
shall
not
be
effective
if
the
state
assessment
28
does
not
equal
the
assessment
for
direct
use.
29
4.
a.
If
a
majority
of
voters
approve
the
first
question
to
30
increase
the
rate
of
the
assessment
for
direct
use
as
described
31
in
subsection
3,
paragraph
“a”
,
subparagraph
(1)
,
twenty-five
32
cents
shall
be
imposed
on
each
head
of
sheep
sold
by
a
producer
33
as
effectuated
by
the
board
pursuant
to
section
182.12
.
34
b.
If
a
majority
of
voters
also
approve
increasing
the
rate
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of
the
state
assessment
for
water
quality
and
soil
conservation
1
as
described
in
subsection
3,
paragraph
“b”
,
subparagraph
2
(1),
an
additional
twenty-five
cents
shall
be
imposed
on
each
3
head
of
sheep
sold
by
a
producer
as
effectuated
by
the
board
4
pursuant
to
section
182.12.
5
5.
a.
If
a
majority
of
voters
approve
both
the
first
and
6
second
questions
to
increase
the
rate
of
the
assessment
for
7
direct
use
under
subsection
3,
paragraph
“a”
,
subparagraphs
(1)
8
and
(2)
,
all
of
the
following
apply:
9
a.
(1)
Twenty-five
The
rate
of
the
assessment
for
direct
use
10
shall
equal
twenty-five
cents
shall
be
imposed
on
each
head
of
11
sheep
sold
by
a
producer
as
effectuated
by
the
board
pursuant
12
to
section
182.12
.
13
b.
(2)
The
board
may
adopt
one
or
more
resolutions
to
14
further
impose
an
increased
rate
of
assessment
rate
for
direct
15
use
.
16
b.
If
a
majority
of
voters
also
approve
increasing
the
rate
17
of
state
assessment
for
water
quality
and
soil
conservation
as
18
described
in
subsection
3,
paragraph
“b”
,
subparagraphs
(1)
and
19
(2),
all
of
the
following
shall
apply:
20
(1)
The
rate
of
the
state
assessment
for
water
quality
and
21
soil
conservation
shall
equal
twenty-five
cents
imposed
on
each
22
head
of
sheep
sold
by
a
producer.
23
(2)
The
board
may
adopt
one
or
more
resolutions
to
further
24
impose
an
increased
rate
of
state
assessment
for
water
quality
25
and
soil
conservation
so
long
as
the
rate
equals
the
rate
of
26
the
assessment
for
direct
use.
27
c.
The
increased
assessment
rate
of
the
assessment
for
28
direct
use
or
the
increased
rate
of
the
state
assessment
for
29
water
quality
and
soil
conservation
shall
be
imposed
on
each
30
head
of
sheep
sold
by
a
producer
as
effectuated
by
the
board
31
pursuant
to
section
182.12
.
The
board
shall
comply
with
all
32
of
the
following:
33
(1)
The
board
must
wait
three
or
more
years
from
the
34
effective
date
of
the
previous
action
imposing
an
increase
in
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the
rate
of
the
assessment
for
direct
use
in
order
to
adopt
1
a
resolution.
For
the
first
increase,
the
effective
date
is
2
the
date
of
the
special
referendum
to
increase
the
rate
of
3
the
assessment
.
For
any
subsequent
increase
in
the
rate
of
4
assessment
,
the
effective
date
is
the
date
that
the
board
last
5
adopted
a
resolution
imposing
an
increased
rate
as
provided
in
6
this
paragraph
“b”
subsection
.
7
(2)
The
board
must
wait
three
or
more
years
from
the
8
effective
date
of
the
previous
action
imposing
an
increase
9
in
the
rate
of
the
state
assessment
for
water
quality
and
10
soil
conservation
in
order
to
adopt
a
resolution.
For
the
11
first
increase,
the
effective
date
is
the
date
of
the
special
12
referendum
to
increase
the
rate
of
the
state
assessment
for
13
water
quality
and
soil
conservation.
For
any
subsequent
14
increase,
the
effective
date
is
the
date
that
the
board
last
15
adopted
a
resolution
imposing
an
increased
rate
as
provided
in
16
this
subsection.
17
(2)
(3)
The
board
shall
not
adopt
a
resolution
until
it
18
provides
notice
to
producers
of
the
proposed
increase
in
the
19
assessment
for
direct
use
or
the
state
assessment
for
water
20
quality
and
soil
conservation
and
an
opportunity
for
producers
21
to
submit
written
or
oral
comments
to
the
board
regarding
the
22
proposed
increase.
The
board
may
provide
notice
by
publication
23
in
the
same
manner
as
provided
in
section
182.3
,
publication
on
24
its
internet
site,
mail
bearing
a
United
States
postal
service
25
postmark,
electronic
transmission,
or
hand-delivery.
26
(3)
(4)
(a)
The
An
increase
in
the
assessment
rate
of
the
27
assessment
for
direct
use
imposed
by
a
resolution
adopted
by
28
the
board
must
shall
equal
five
cents.
However,
the
assessment
29
rate
of
the
assessment
for
direct
use
imposed
by
a
resolution
30
of
the
board
shall
not
equal
more
than
fifty
cents.
31
(b)
An
increase
in
the
rate
of
the
state
assessment
for
32
water
quality
and
soil
conservation
imposed
by
resolution
33
adopted
by
the
board
shall
equal
five
cents.
However,
the
rate
34
of
the
state
assessment
for
water
quality
and
soil
conservation
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imposed
by
resolution
of
the
board
shall
not
equal
more
than
1
fifty
cents.
2
6.
a.
If
a
majority
of
voters
do
not
authorize
increasing
3
the
rate
of
the
assessment
rate
for
direct
use
pursuant
to
a
4
special
referendum
conducted
pursuant
to
under
this
section
,
5
the
assessment
rate
for
the
assessment
for
direct
use
shall
be
6
the
same
as
provided
in
subsection
1
,
paragraph
“a”
.
7
b.
If
a
majority
of
voters
do
not
authorize
increasing
the
8
rate
of
the
assessment
for
direct
use
pursuant
to
a
special
9
referendum
conducted
under
this
section,
the
rate
for
the
state
10
assessment
for
water
quality
and
soil
conservation
shall
be
the
11
same
as
provided
in
subsection
1,
paragraph
“b”
.
12
b.
7.
Not
more
than
one
special
referendum
to
establish
an
13
assessment
for
direct
use
or
to
establish
a
state
assessment
14
for
water
quality
and
soil
conservation
shall
be
conducted
15
pursuant
to
this
section
.
16
Sec.
30.
Section
182.14,
Code
2017,
is
amended
to
read
as
17
follows:
18
182.14
Assessment
Assessments
.
19
1.
An
assessment
for
direct
use
or
a
state
assessment
for
20
water
quality
and
soil
conservation
provided
in
this
chapter
21
shall
be
imposed
on
the
producer
as
follows:
22
a.
If
the
producer
sells
wool
or
sheep
to
the
first
23
purchaser
within
this
state,
the
following
shall
apply:
24
(1)
If
the
sale
occurs
at
a
concentration
point,
the
25
assessment
shall
be
imposed
at
the
time
of
delivery.
The
first
26
purchaser
shall
deduct
the
assessment
or
state
assessment
from
27
the
price
paid
to
the
producer
at
the
time
of
sale.
28
(2)
If
the
sale
does
not
occur
at
a
concentration
point,
29
the
producer
shall
deduct
the
assessment
or
state
assessment
30
from
the
amount
received
from
the
sale
and
shall
forward
the
31
amount
deducted
to
the
board
within
thirty
days
following
each
32
calendar
quarter.
33
b.
If
the
producer
sells,
ships,
or
otherwise
disposes
of
34
wool
or
sheep
to
any
person
outside
this
state,
the
producer
35
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shall
deduct
the
assessment
or
state
assessment
from
the
amount
1
received
from
the
sale
and
shall
forward
the
amount
deducted
2
to
the
board.
3
2.
The
assessment
for
direct
use
or
the
state
assessment
4
for
water
quality
and
soil
conservation
imposed
by
this
section
5
shall
be
remitted
to
the
board
not
later
than
thirty
days
6
following
each
calendar
quarter
during
which
the
assessment
7
amount
or
state
assessment
amount
was
deducted.
8
Sec.
31.
Section
182.15,
subsection
1,
paragraph
e,
Code
9
2017,
is
amended
to
read
as
follows:
10
e.
The
rate
of
withholding
and
the
total
amount
of
the
11
assessment
for
direct
use
and
the
state
assessment
for
water
12
quality
and
soil
conservation
withheld.
The
board
may
require
13
the
invoice
to
separately
indicate
the
amount
withheld
for
the
14
assessment
for
direct
use
and
the
state
assessment
for
water
15
quality
and
soil
conservation.
16
Sec.
32.
Section
182.16,
Code
2017,
is
amended
to
read
as
17
follows:
18
182.16
Deposit
and
disbursement
Administration
of
funds
19
moneys
.
20
1.
The
board
shall
deposit
amounts
moneys
collected
from
the
21
assessment
for
direct
use
imposed
pursuant
to
section
182.14
in
22
an
account
established
pursuant
to
section
182.12
.
Expenses
23
and
disbursements
incurred
and
made
pursuant
to
this
chapter
24
shall
be
made
by
voucher,
draft,
or
check
bearing
the
signature
25
of
a
person
designated
by
majority
vote
of
the
board.
26
2.
a.
The
board
may
deposit
moneys
collected
from
the
27
state
assessment
for
water
quality
and
soil
conservation
in
a
28
qualified
financial
institution
until
transferred
to
the
water
29
quality
and
soil
conservation
fund
created
in
section
466B.51.
30
b.
If
the
state
assessment
for
water
quality
and
soil
31
conservation
is
terminated
as
provided
in
section
182.4,
the
32
remaining
moneys
collected
from
that
state
assessment
shall
33
be
immediately
transferred
to
the
water
quality
and
soil
34
conservation
fund.
35
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Sec.
33.
Section
182.17,
Code
2017,
is
amended
to
read
as
1
follows:
2
182.17
Refunds.
3
1.
a.
A
producer
who
has
paid
the
assessment
for
direct
use
4
may,
by
application
in
writing
to
the
board,
secure
a
refund
of
5
all
or
part
of
the
amount
paid
to
the
board
.
6
b.
A
producer
who
has
paid
the
state
assessment
for
water
7
quality
and
soil
conservation
to
the
board
may,
by
application
8
in
writing
to
the
board,
secure
a
refund
of
all
or
part
of
9
the
amount
paid
to
the
board.
The
board
shall
transmit
any
10
approved
application
for
a
refund
to
the
division
of
soil
11
conservation
and
water
quality
of
the
department
of
agriculture
12
and
land
stewardship
for
payment.
13
2.
The
refund
shall
be
payable
only
when
the
application
has
14
been
made
to
the
board
within
sixty
days
after
the
deduction
15
has
been
made
by
the
producer
or
within
sixty
days
after
the
16
remittance
has
been
made
by
the
first
purchaser.
17
3.
Each
application
for
refund
by
a
producer
shall
have
an
18
attached
proof
indicating
that
the
assessment
for
direct
use
19
was
paid.
If
a
state
assessment
for
water
quality
and
soil
20
conservation
is
imposed,
the
attached
proof
shall
also
indicate
21
that
the
state
assessment
has
also
been
paid.
The
attached
22
proof
of
the
assessment
paid
may
be
in
the
form
of
a
duplicate
23
or
certified
copy
of
the
purchase
invoice
by
the
purchaser.
24
4.
The
application
shall
allow
the
applicant
to
elect
25
whether
the
refund
is
for
the
assessment
for
direct
use
or
the
26
state
assessment
for
water
quality
and
soil
conservation
or
27
both.
The
board
shall
not
approve
an
application
unless
the
28
application
indicates
the
election.
29
Sec.
34.
Section
182.18,
Code
2017,
is
amended
to
read
as
30
follows:
31
182.18
Use
of
moneys.
32
1.
Moneys
from
the
assessment
for
direct
use
collected
33
under
this
chapter
are
subject
to
audit
by
the
auditor
of
state
34
and
shall
be
used
by
the
Iowa
sheep
and
wool
promotion
board
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first
for
the
payment
of
collection
and
refund
expenses,
second
1
for
payment
of
the
costs
and
expenses
arising
in
connection
2
with
conducting
referendums,
third
for
the
purposes
identified
3
in
section
182.11
,
and
fourth
for
the
cost
of
audits
for
4
the
auditor
of
state.
Moneys
of
the
board
remaining
after
5
a
special
referendum
is
held
at
which
a
majority
of
the
6
voters
favor
termination
of
the
board
and
the
assessment
for
7
direct
use
shall
continue
to
be
expended
in
accordance
with
8
this
chapter
until
exhausted.
The
auditor
of
state
may
seek
9
reimbursement
for
the
cost
of
the
audit.
10
2.
Except
as
expressly
provided
in
this
chapter,
moneys
11
collected
by
the
board
from
the
state
assessment
for
water
12
quality
and
soil
conservation
shall
not
be
used
for
any
purpose
13
other
than
to
be
transferred
to
the
water
quality
and
soil
14
conservation
fund
created
in
section
466B.51.
15
2.
3.
The
board
shall
not
engage
in
any
political
activity,
16
and
it
shall
be
a
condition
of
any
allocation
of
funds
that
17
any
organization
receiving
funds
shall
not
expend
the
funds
on
18
political
activity
or
on
any
attempt
to
influence
legislation.
19
Sec.
35.
Section
182.22,
Code
2017,
is
amended
to
read
as
20
follows:
21
182.22
Purchasers
outside
Iowa.
22
The
secretary
may
enter
into
arrangements
with
first
23
purchasers
from
outside
Iowa
for
payment
of
the
assessment
for
24
direct
use
and
the
state
assessment
for
water
quality
and
soil
25
conservation
.
26
DIVISION
IV
27
IOWA
PORK
PRODUCERS
COUNCIL
28
IOWA
PORK
PRODUCERS
ASSOCIATION
29
Sec.
36.
Section
183A.1,
subsection
1,
Code
2017,
is
amended
30
to
read
as
follows:
31
1.
“Assessment”
means
an
excise
tax
on
the
sale
of
porcine
32
animals
as
provided
in
this
chapter
which
may
include
an
33
assessment
for
direct
use
and
a
state
assessment
for
water
34
quality
and
soil
conservation
.
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Sec.
37.
Section
183A.1,
Code
2017,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
4A.
“National
assessment”
means
an
excise
3
tax
on
the
sale
of
porcine
animals
imposed
pursuant
to
the
Pork
4
Promotion
Act.
5
Sec.
38.
Section
183A.1,
subsection
7,
Code
2017,
is
amended
6
to
read
as
follows:
7
7.
“Pork
Promotion
Act”
means
the
federal
Pork
Promotion,
8
Research,
and
Consumer
Information
Act
of
1985
,
7
U.S.C.
§4801
9
et
seq
.
10
Sec.
39.
Section
183A.5,
subsection
1,
paragraph
i,
Code
11
2017,
is
amended
to
read
as
follows:
12
i.
Receive,
administer,
disburse
and
account
for,
in
13
addition
to
the
funds
moneys
received
from
the
assessment
for
14
direct
use
and
the
state
assessment
for
water
quality
and
soil
15
conservation
provided
in
this
chapter
,
other
funds
moneys
16
voluntarily
contributed
to
the
council
for
the
purpose
of
17
promoting
the
pork
industry.
18
Sec.
40.
Section
183A.5,
Code
2017,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
4.
The
council
shall
cooperate
with
21
the
division
of
soil
conservation
and
water
quality
of
the
22
department
of
agriculture
and
land
stewardship
in
doing
all
of
23
the
following:
24
a.
Transferring
moneys
collected
from
the
state
assessment
25
imposed
as
a
result
of
a
special
referendum
conducted
pursuant
26
to
section
183A.9
to
the
water
quality
and
soil
conservation
27
fund
created
in
section
466B.51.
28
b.
Being
reimbursed
for
reasonable
expenses
incurred
in
29
conducting
an
initial
or
special
referendum
to
establish,
30
continue,
or
terminate
a
state
assessment
for
water
quality
and
31
soil
conservation.
32
Sec.
41.
Section
183A.6,
Code
2017,
is
amended
to
read
as
33
follows:
34
183A.6
Assessment
Assessments
.
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1.
The
council
shall
make
impose
an
assessment
for
direct
1
use
of
not
less
than
point
zero
zero
two
nor
more
than
point
2
zero
zero
three
of
the
gross
sale
price
of
all
porcine
animals.
3
The
assessment
for
direct
use
shall
be
point
zero
zero
two
five
4
of
the
gross
sale
price
of
porcine
animals
until
consent
to
5
an
assessment
has
been
given
through
the
initial
referendum
6
referred
to
in
this
chapter
.
After
approval
of
the
initial
7
referendum,
the
rate
of
assessment
for
direct
use
shall
be
8
determined
established
by
the
council.
9
2.
a.
If
an
assessment
for
direct
use
is
imposed
under
10
subsection
1,
the
council
shall
impose
a
state
assessment
for
11
water
quality
and
soil
conservation
if
approved
at
a
special
12
referendum
conducted
pursuant
to
section
183A.9.
13
b.
If
a
national
assessment
is
imposed
under
section
14
183A.9A,
the
Iowa
pork
producers
association
shall
impose
a
15
state
assessment
for
water
quality
and
soil
conservation
if
16
approved
at
a
special
referendum
conducted
pursuant
to
section
17
183A.9.
18
3.
a.
The
assessment
for
direct
use
and
the
state
19
assessment
for
water
quality
and
soil
conservation
shall
be
20
made
at
the
time
of
delivery
of
the
porcine
animals
for
sale,
21
and
shall
be
deducted
by
the
first
purchaser
from
the
price
22
paid
to
the
seller.
The
first
purchaser,
at
the
time
of
sale,
23
shall
make
and
deliver
to
the
seller
an
invoice
for
each
24
purchase
showing
the
names
and
addresses
of
the
seller
and
25
the
first
purchaser,
the
number
and
kind
of
porcine
animals
26
sold,
the
date
of
sale,
and
the
assessment
for
direct
use,
and
27
any
state
assessment
for
water
quality
and
soil
conservation,
28
made
on
the
sale.
The
council
may
require
the
invoice
to
29
separately
indicate
the
amount
withheld
for
the
assessment
for
30
direct
use
and
the
state
assessment
for
water
quality
and
soil
31
conservation.
32
b.
Assessments
An
assessment
for
direct
use
and
the
state
33
assessment
for
water
quality
and
soil
conservation
shall
be
34
paid
to
the
Iowa
pork
producers
council
or
its
designated
agent
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by
first
purchasers
at
a
time
prescribed
by
the
council,
but
1
not
later
than
the
last
day
of
the
month
following
the
month
in
2
which
the
animals
were
purchased.
3
4.
If
a
national
assessment
is
imposed
pursuant
to
section
4
183A.9A,
and
a
state
assessment
for
water
quality
and
soil
5
conservation
is
imposed
under
section
183A.9,
the
Iowa
pork
6
producers
association
shall
impose
and
collect
the
state
7
assessment
for
water
quality
and
soil
conservation
in
the
same
8
manner
as
the
assessment
for
direct
use
set
forth
in
subsection
9
3.
However,
the
Iowa
pork
producers
association
may
impose
10
and
collect
the
state
assessment
based
on
procedures
for
the
11
national
assessment
as
set
forth
in
the
Pork
Promotion
Act.
12
The
invoice
may
correspond
to
any
invoice
required
by
the
Pork
13
Promotion
Act.
14
Sec.
42.
Section
183A.7,
Code
2017,
is
amended
to
read
as
15
follows:
16
183A.7
Administration
of
moneys
——
appropriation.
17
1.
a.
Assessments
An
assessment
for
direct
use
imposed
18
under
this
chapter
pursuant
to
section
183A.6
and
paid
to
and
19
collected
by
the
Iowa
pork
producers
council
shall
be
deposited
20
in
the
pork
promotion
fund
which
is
established
in
the
office
21
of
the
treasurer
of
state.
The
department
of
administrative
22
services
shall
transfer
moneys
from
the
pork
promotion
fund
23
to
the
council
for
deposit
into
an
account
established
by
the
24
council
in
a
qualified
financial
institution.
The
department
25
shall
transfer
the
moneys
as
provided
in
a
resolution
adopted
26
by
the
council.
However,
the
department
is
only
required
to
27
transfer
moneys
once
during
each
day
and
only
during
hours
when
28
the
offices
of
the
state
are
open.
29
2.
b.
All
moneys
deposited
in
the
pork
promotion
fund
and
30
transferred
to
the
council
as
provided
in
this
section
are
31
appropriated
and
shall
be
used
for
the
administration
of
this
32
chapter
and
for
the
payment
of
claims
based
upon
obligations
33
incurred
in
the
performance
of
activities
and
functions
set
34
forth
in
this
chapter
.
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3.
c.
From
the
moneys
collected,
deposited,
and
transferred
1
to
the
council
as
provided
in
this
chapter
,
the
council
shall
2
first
pay
the
costs
of
referendums
held
pursuant
to
this
3
chapter
.
Of
the
moneys
remaining,
at
least
twenty-five
percent
4
shall
be
remitted
to
the
national
pork
producers
council
and
5
at
least
fifteen
percent
shall
be
remitted
to
the
Iowa
pork
6
producers
association,
in
the
proportion
the
committee
council
7
determines,
for
use
by
recipients
in
a
manner
not
inconsistent
8
with
market
development
as
defined
in
section
183A.1
.
Moneys
9
remaining
shall
be
spent
as
found
necessary
by
the
council
to
10
further
carry
out
the
provisions
and
purposes
of
this
chapter
.
11
4.
d.
However,
in
In
no
event
shall
the
total
expenses
12
exceed
the
total
amount
of
moneys
transferred
from
the
pork
13
promotion
fund
for
use
by
the
council.
14
2.
a.
Moneys
collected
from
a
state
assessment
for
water
15
quality
and
soil
conservation
by
the
council
may
be
deposited
16
in
a
qualified
financial
institution
and
shall
be
transferred
17
to
the
water
quality
and
soil
conservation
fund
created
in
18
section
466B.51.
19
b.
If
a
national
assessment
is
imposed
pursuant
to
section
20
183A.9A,
moneys
from
the
state
assessment
for
water
quality
21
and
soil
conservation
collected
by
the
Iowa
pork
producers
22
association
shall
be
transferred
to
the
water
quality
and
soil
23
conservation
fund
created
in
section
466B.51.
24
c.
The
Iowa
pork
producers
association
shall
maintain
25
separate
accounts
for
moneys
collected
from
the
national
26
assessment
and
the
state
assessment
for
water
quality
and
soil
27
conservation.
28
d.
The
Iowa
pork
producers
association
shall
adopt
rules
29
as
necessary
to
administer
this
subsection
and
other
sections
30
in
this
chapter
which
directly
or
indirectly
relate
to
this
31
subsection.
32
Sec.
43.
Section
183A.8,
Code
2017,
is
amended
to
read
as
33
follows:
34
183A.8
Refund
of
assessment
assessments
.
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1.
A
producer
from
whom
the
an
assessment
for
direct
use
or
1
a
state
assessment
for
water
quality
and
soil
conservation
has
2
been
deducted
,
upon
is
entitled
to
receive
a
refund
upon
filing
3
a
written
application
filed
with
the
council
within
thirty
days
4
after
its
collection
,
shall
have
that
amount
refunded
by
the
5
council
.
6
2.
a.
Application
If
an
assessment
for
direct
use
or
an
7
assessment
for
direct
use
and
any
state
assessment
for
water
8
quality
and
soil
conservation
are
imposed,
application
forms
9
shall
be
given
by
the
council
to
each
first
purchaser
when
10
requested
and
the
first
purchaser
shall
make
the
applications
11
available
to
any
producer.
12
b.
Each
application
for
a
refund
by
a
producer
shall
13
have
attached
a
proof
of
assessment
for
direct
use
deducted.
14
If
the
assessment
for
direct
use
and
state
assessment
for
15
water
quality
and
soil
conservation
are
imposed,
the
attached
16
proof
shall
indicate
the
amount
of
the
assessment
and
the
17
amount
of
the
state
assessment
deducted.
The
proof
of
the
18
assessment
for
direct
use
and
any
state
assessment
for
water
19
quality
and
soil
conservation
deducted
shall
be
in
the
form
of
20
the
original
or
a
copy
of
the
purchase
invoice
by
the
first
21
purchaser.
The
application
shall
allow
the
applicant
to
elect
22
whether
the
refund
is
for
the
assessment
for
direct
use
or
the
23
state
assessment
for
water
quality
and
soil
conservation
or
24
both.
The
council
shall
not
approve
an
application
unless
the
25
application
indicates
the
election.
26
3.
The
council
shall
have
no
not
more
than
thirty
days
from
27
the
date
the
application
for
a
refund
is
received
to
remit
do
28
all
of
the
following:
29
a.
Remit
the
amount
of
the
refund
of
an
assessment
for
30
direct
use
to
the
producer.
31
b.
Submit
an
approved
application
for
the
refund
of
a
32
state
assessment
for
water
quality
and
soil
conservation
to
33
the
division
of
soil
conservation
and
water
quality
of
the
34
department
of
agriculture
and
land
stewardship
which
shall
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remit
the
amount
of
the
refund
to
the
producer.
1
4.
If
a
national
assessment
is
established
pursuant
to
2
section
183A.9A
and
a
state
assessment
for
water
quality
and
3
soil
conservation
is
established
pursuant
to
section
183A.9,
4
the
producer
shall
file
a
written
application
with
the
Iowa
5
pork
producers
association
in
lieu
of
the
council
in
the
same
6
manner
as
provided
in
subsection
1
and
the
Iowa
pork
producers
7
association
shall
make
applications
available
to
first
8
purchasers
as
provided
in
subsection
2.
However,
the
Iowa
9
pork
producers
association
may
provide
for
filing
applications
10
for
a
refund
based
on
any
applicable
procedures
set
forth
in
11
the
Pork
Promotion
Act.
In
any
case,
the
Iowa
pork
producers
12
association
must
transfer
approved
applications
for
refunds
13
to
the
division
of
soil
conservation
and
water
quality
of
the
14
department
of
agriculture
and
land
stewardship
for
payment
to
15
producers
in
the
same
manner
as
described
in
subsection
3.
16
Sec.
44.
Section
183A.9,
Code
2017,
is
amended
to
read
as
17
follows:
18
183A.9
Referendum
Initial
and
special
referendums
——
19
assessments
.
20
1.
At
a
time
designated
by
the
council
within
eighteen
21
months
after
the
termination
of
the
collection
of
assessments
22
the
national
assessment
imposed
under
the
Pork
Promotion
Act,
23
the
secretary
shall
conduct
an
initial
referendum
under
to
24
establish
an
Iowa
pork
producers
council
and
an
assessment
for
25
direct
use.
The
referendum
shall
be
conducted
according
to
26
administrative
procedures
prescribed
adopted
by
the
department
27
of
agriculture
and
land
stewardship.
28
2.
If
an
assessment
for
direct
use
is
established
and
upon
29
receipt
of
a
request
of
ten
percent
or
more
of
the
number
30
of
producers
eligible
to
vote,
the
secretary
shall
conduct
a
31
special
referendum
to
determine
whether
producers
favor
the
32
establishment
of
a
state
assessment
for
water
quality
and
soil
33
conservation.
The
special
referendum
shall
be
conducted
in
34
the
same
manner
as
an
initial
referendum
conducted
pursuant
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to
subsection
1.
The
rate
of
the
state
assessment
for
water
1
quality
and
soil
conservation
shall
be
equal
to
the
rate
of
the
2
assessment
for
direct
use
established
pursuant
to
an
initial
3
referendum
described
in
section
183A.6.
4
3.
Upon
receipt
of
a
petition
that
otherwise
complies
with
5
the
requirements
of
subsection
2,
the
secretary
may
in
lieu
of
6
conducting
a
special
referendum
include
as
part
of
the
initial
7
referendum
a
separate
special
question
whether
to
establish
8
a
state
assessment
for
water
quality
and
soil
conservation,
9
if
the
secretary
determines
it
to
be
cost-effective
or
the
10
petition
demands
it.
11
2.
4.
Upon
signing
a
statement
certifying
to
the
secretary
12
that
the
person
is
a
bona
fide
producer
as
defined
in
this
13
chapter
,
each
producer
is
entitled
to
one
vote
in
each
initial
14
or
special
referendum.
The
secretary
shall
determine
the
15
qualification
of
producers
under
this
section
.
16
3.
5.
The
secretary
shall
count
and
tabulate
the
ballots
17
filed
during
the
initial
or
special
referendum
within
thirty
18
days
of
the
close
of
the
referendum.
If
from
the
tabulation
19
the
secretary
determines
that
a
majority
of
the
total
number
20
of
producers
voting
in
the
initial
referendum
favors
the
21
establishment
of
the
assessment
for
direct
use
,
the
assessment
22
provided
for
in
the
referendum
shall
be
levied
imposed
.
If
23
from
the
tabulation
the
secretary
determines
that
a
majority
24
of
the
total
number
of
producers
voting
in
the
initial
or
25
special
referendum
favors
the
establishment
of
the
state
26
assessment
for
water
quality
and
soil
conservation,
the
state
27
assessment
shall
be
imposed.
The
ballots
cast
pursuant
to
this
28
section
constitute
complete
and
conclusive
evidence
for
use
in
29
determinations
made
by
the
secretary
under
this
chapter
.
30
4.
6.
a.
The
secretary
shall
hold
subsequent
referendums
31
conduct
a
special
referendum
on
request
of
receipt
of
a
32
petition
signed
by
ten
percent
or
more
of
the
number
of
33
producers
eligible
to
vote,
to
determine
whether
the
producers
34
favor
the
termination
or
any
of
the
following:
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(1)
The
suspension
of
the
assessment
for
direct
use
.
1
(2)
The
termination
of
the
assessment
for
direct
use
and
2
the
state
assessment
for
water
quality
and
soil
conservation,
3
if
established.
4
b.
The
secretary
shall
suspend
or
terminate
collection
5
of
the
assessment
for
direct
use
within
six
months
after
the
6
secretary
determines
that
suspension
or
termination
of
the
7
assessment
for
direct
use
is
favored
by
a
majority
of
the
8
producers
voting
in
the
special
referendum
,
and
.
The
secretary
9
shall
terminate
the
assessment
for
direct
use
in
an
orderly
10
manner
as
soon
as
practicable
after
the
determination.
11
7.
a.
The
secretary
shall
conduct
a
special
referendum
on
12
receipt
of
a
petition
of
producers
otherwise
complying
with
the
13
requirements
in
subsection
6
to
conduct
a
special
referendum
14
to
terminate
the
state
assessment
for
water
quality
and
soil
15
conservation.
16
b.
Upon
receipt
of
a
petition
that
otherwise
complies
17
with
the
requirements
of
subsection
6,
the
secretary
shall
18
include
as
part
of
the
special
referendum
conducted
under
that
19
subsection
a
separate
special
question
whether
to
terminate
the
20
state
assessment
for
water
quality
and
soil
conservation,
if
21
the
secretary
determines
the
inclusion
of
the
separate
special
22
question
is
cost-effective
or
the
petition
demands
inclusion.
23
8.
The
secretary
shall
terminate
the
state
assessment
for
24
water
quality
and
soil
conservation
in
the
same
manner
as
25
provided
in
subsection
6,
upon
determining
that
the
council
26
is
abolished,
the
assessment
for
direct
use
is
not
being
27
collected,
and
the
national
assessment
is
not
being
collected.
28
Sec.
45.
Section
183A.9A,
Code
2017,
is
amended
to
read
as
29
follows:
30
183A.9A
Suspension
during
national
order.
31
1.
The
terms
of
all
voting
members
serving
on
the
council
on
32
January
31,
1986
,
terminate
at
the
time
provided
in
subsection
33
2
.
34
2.
a.
On
the
date
of
the
commencement
of
the
collection
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of
assessments
a
national
assessment
under
the
Pork
Promotion
1
Act,
the
collection
of
the
assessments
assessment
for
direct
2
use
under
section
183A.6
shall
be
suspended.
The
council
shall
3
continue
to
operate
after
suspension
until
all
refunds
are
paid
4
and
all
funds
moneys
remaining
in
the
pork
promotion
fund,
less
5
a
reserve
for
future
refunds,
are
disbursed
for
the
purposes
6
enumerated
in
this
chapter
.
Notwithstanding
section
183A.7
,
7
the
council
need
not
retain
a
reserve
for
future
referendums.
8
Upon
completion
of
these
acts,
the
existence
of
the
Iowa
pork
9
producers
council
is
suspended.
The
secretary
of
agriculture
10
shall
certify
the
suspension
of
the
council
as
of
a
date
11
certain
to
the
Iowa
pork
producers
council
and
the
Iowa
pork
12
producers
association.
When
the
existence
of
the
council
is
13
suspended,
the
terms
of
office
of
council
members
terminate.
14
b.
On
the
date
of
the
commencement
of
the
collection
of
15
the
national
assessment
under
the
Pork
Promotion
Act,
the
Iowa
16
pork
producers
association
shall
assume
collection
of
the
17
state
assessment
for
water
quality
and
soil
conservation
under
18
section
183A.9.
19
3.
a.
If
the
rate
of
the
national
assessment
has
changed,
20
and
upon
receipt
of
a
petition
that
otherwise
complies
21
with
requirements
for
submitting
a
petition
to
suspend
or
22
terminate
an
assessment
for
direct
use
under
section
183A.9,
23
the
secretary
shall
conduct
a
special
referendum
to
determine
24
whether
to
change
the
rate
of
the
state
assessment
for
water
25
quality
and
soil
conservation
to
equal
the
rate
of
the
national
26
assessment.
27
b.
Upon
receipt
of
a
petition
that
otherwise
complies
with
28
requirements
for
submitting
a
petition
to
suspend
or
terminate
29
an
assessment
for
direct
use
under
section
183A.9,
the
30
secretary
shall
include
as
part
of
a
referendum
to
change
the
31
rate
of
the
national
assessment,
a
separate
special
question
32
whether
to
change
the
rate
of
the
state
assessment
for
water
33
quality
and
soil
conservation
to
equal
the
increase
in
the
34
national
assessment,
if
the
secretary
determines
the
inclusion
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of
the
special
question
complies
with
federal
law
and
either
it
1
is
cost-effective
or
the
petition
demands
inclusion.
2
c.
If
the
national
assessment
is
changed,
and
the
secretary
3
determines
that
a
change
in
the
state
assessment
for
water
4
quality
and
soil
conservation
is
favored
by
a
majority
of
5
the
producers
voting
in
a
special
referendum
or
separate
6
special
question
as
part
of
a
referendum
to
change
the
rate
7
of
the
national
assessment,
the
rate
of
the
state
assessment
8
shall
be
changed
on
a
date
determined
by
the
secretary
after
9
consultation
with
the
Iowa
pork
producers
association
but
10
not
later
than
six
months
after
the
date
that
the
special
11
referendum
or
referendum
was
conducted.
12
3.
4.
On
the
date
of
the
termination
of
the
collection
of
13
assessments
the
national
assessment
under
the
Pork
Promotion
14
Act,
the
period
of
suspension
of
the
assessments
assessment
for
15
direct
use
under
subsection
2
terminates.
The
secretary
shall
16
collect
moneys
from
the
assessments
assessment
for
direct
use
17
under
section
183A.6
and
the
state
assessment
for
water
quality
18
and
soil
conservation
under
section
183A.9
until
this
duty
can
19
be
resumed
by
the
reactivated
council.
The
secretary
shall
20
deposit
moneys
collected
from
the
assessment
for
direct
use
in
21
the
pork
promotion
fund.
The
secretary
shall
transfer
moneys
22
collected
from
the
state
assessment
for
water
quality
and
soil
23
conservation
to
the
water
quality
and
soil
conservation
fund
24
created
in
section
466B.51.
25
4.
5.
On
the
date
of
the
termination
of
the
collection
of
26
assessments
the
national
assessment
under
the
Pork
Promotion
27
Act,
the
period
of
suspension
of
the
council
under
subsection
2
28
terminates.
Within
sixty
days
from
this
date,
the
secretary
29
shall
appoint
voting
members
to
the
council.
For
purposes
of
30
section
183A.3
,
a
voting
member
so
appointed
is
deemed
not
to
31
have
served
a
previous
consecutive
term.
The
terms
of
office
32
of
voting
members
of
the
initial
reactivated
council
shall
be
33
determined
by
lot,
but
members
from
the
same
district
shall
34
not
serve
the
same
terms.
As
nearly
as
possible
one-third
of
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the
voting
members
shall
serve
for
one
year,
one-third
of
the
1
voting
members
shall
serve
for
two
years,
and
one-third
of
the
2
voting
members
shall
serve
for
three
years.
Subsequent
voting
3
members
shall
be
appointed
pursuant
to
section
183A.2
.
4
5.
6.
The
secretary
shall
call
the
first
meeting
of
the
5
reactivated
council.
Upon
reactivation,
the
council
shall
6
reimburse
the
secretary
for
expenses
incurred
in
carrying
out
7
the
duties
provided
in
this
section
.
8
7.
The
state
recognizes
the
Iowa
pork
producers
association
9
as
a
state
association
under
the
Pork
Promotion
Act.
For
10
purposes
of
this
chapter,
“association”
shall
include
a
11
successor
state
association
or
other
state
association
that
12
administers
the
national
assessment
in
Iowa.
13
8.
If
a
state
assessment
for
water
quality
and
soil
14
conservation
is
established
or
continued
pursuant
to
sections
15
183A.9
and
183A.9A,
the
Iowa
pork
producers
association
shall
16
administer
the
state
assessment
for
the
period
that
the
Pork
17
Promotion
Act
is
in
effect,
unless
the
state
assessment
is
18
terminated
under
section
183A.9.
19
9.
The
Iowa
pork
producers
association
shall
cooperate
with
20
the
division
of
soil
conservation
and
water
quality
of
the
21
department
of
agriculture
and
land
stewardship
in
doing
all
of
22
the
following:
23
a.
Transferring
moneys
from
the
state
assessment
for
water
24
quality
and
soil
conservation
to
the
water
quality
and
soil
25
conservation
fund
created
in
section
466B.51.
26
b.
Being
reimbursed
for
reasonable
expenses
incurred
in
27
conducting
an
initial
or
special
referendum
to
establish,
28
continue,
or
terminate
a
state
assessment
for
water
quality
and
29
soil
conservation.
30
DIVISION
V
31
IOWA
EGG
COUNCIL
32
Sec.
46.
Section
184.1,
subsection
1,
Code
2017,
is
amended
33
to
read
as
follows:
34
1.
“Assessment”
means
an
excise
tax
on
the
sale
of
eggs
as
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provided
in
this
chapter
which
may
include
an
assessment
for
1
direct
use
and
a
state
assessment
for
water
quality
and
soil
2
conservation
.
3
Sec.
47.
Section
184.2,
Code
2017,
is
amended
to
read
as
4
follows:
5
184.2
Establishment
of
Iowa
egg
council
and
assessment
6
assessments
.
7
1.
The
secretary
shall
call
and
the
department
shall
8
conduct
a
an
initial
referendum
upon
the
department’s
receipt
9
of
a
petition
for
direct
use
which
is
signed
by
at
least
10
twenty
producers
requesting
a
an
initial
referendum
to
11
determine
whether
to
establish
an
Iowa
egg
council
and
to
12
impose
establish
an
assessment
for
direct
use
to
be
imposed
as
13
provided
in
section
184.3
.
14
2.
a.
If
the
council
has
been
established,
the
secretary
15
shall
call
and
the
department
shall
conduct
a
special
16
referendum
upon
the
department’s
receipt
of
a
petition
that
17
otherwise
complies
with
subsection
1
calling
for
a
state
18
assessment
for
water
quality
and
soil
conservation
to
be
19
imposed
as
provided
in
section
184.3.
20
b.
Upon
receipt
of
a
petition
that
otherwise
complies
with
21
subsection
1,
the
secretary
may
in
lieu
of
conducting
a
special
22
referendum
include
as
part
of
the
initial
referendum
a
separate
23
special
question
whether
to
establish
a
state
assessment
for
24
water
quality
and
soil
conservation
to
be
imposed
as
provided
25
in
section
184.3,
if
the
secretary
determines
the
inclusion
of
26
the
special
question
is
cost-effective
or
the
petition
demands
27
inclusion.
28
3.
The
initial
referendum
or
a
special
referendum
described
29
in
this
section
shall
be
conducted
within
sixty
days
following
30
receipt
of
the
petition.
The
petitioners
shall
guarantee
31
payment
of
the
cost
of
the
initial
referendum
or
special
32
referendum
by
providing
evidence
of
financial
security
as
33
required
by
the
department.
34
2.
4.
The
department
shall
give
notice
of
the
initial
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referendum
on
the
question
whether
to
establish
a
council
and
1
to
impose
an
assessment
or
special
referendum
described
in
this
2
section
by
publishing
the
notice
for
a
period
of
not
less
than
3
five
days
in
at
least
one
newspaper
of
general
circulation
in
4
the
state.
The
notice
shall
state
the
voting
places,
period
5
of
time
for
voting,
and
other
information
deemed
necessary
by
6
the
department.
A
An
initial
referendum
or
special
referendum
7
shall
not
be
commenced
until
five
days
after
the
last
date
of
8
publication.
9
3.
a.
5.
Each
producer
who
signs
a
statement
certifying
10
that
the
producer
is
a
bona
fide
producer
shall
be
an
eligible
11
voter
under
this
section
.
An
eligible
voter
is
entitled
to
12
cast
one
vote
in
each
initial
referendum
or
special
referendum
13
conducted
under
this
section
.
14
b.
6.
At
the
close
of
the
initial
referendum
or
special
15
referendum
,
the
secretary
shall
count
and
tabulate
the
ballots
16
cast.
17
(1)
7.
a.
If
a
majority
of
eligible
voters
approve
18
establishing
an
Iowa
egg
a
council
and
imposing
an
assessment
19
for
direct
use
,
a
the
council
and
the
assessment
shall
be
20
established,
and
an
the
assessment
shall
be
imposed
,
commencing
21
not
more
than
sixty
days
following
the
initial
referendum
as
22
determined
by
the
council
and
shall
continue
until
eligible
23
voters
voting
in
a
special
referendum
held
conducted
pursuant
24
to
section
184.5
vote
to
abolish
the
council
and
terminate
the
25
imposition
of
the
assessment
for
direct
use
.
26
b.
If
a
majority
of
eligible
voters
approve
establishing
27
a
state
assessment
for
water
quality
and
soil
conservation,
28
pursuant
to
a
special
referendum,
the
state
assessment
shall
29
be
imposed
commencing
not
more
than
sixty
days
following
the
30
special
referendum
as
determined
by
the
council.
If
a
majority
31
of
eligible
voters
approve
establishing
a
state
assessment
for
32
water
quality
and
soil
conservation,
as
part
of
an
initial
33
referendum
the
state
assessment
shall
be
imposed
in
the
same
34
manner
described
in
paragraph
“a”
.
The
state
assessment
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for
water
quality
and
soil
conservation
shall
continue
until
1
eligible
voters
voting
in
a
special
referendum
conducted
2
pursuant
to
section
184.5
vote
to
do
any
of
the
following:
3
(1)
Abolish
the
council
and
terminate
the
assessment
for
4
direct
use.
5
(2)
Terminate
the
state
assessment
for
water
quality
and
6
soil
conservation.
7
(2)
8.
a.
If
a
majority
of
the
voters
do
not
approve
8
establishing
the
council
and
imposing
the
assessment
for
direct
9
use
,
the
council
and
the
assessment
shall
not
be
established
,
10
and
an
the
assessment
shall
not
be
imposed
,
until
another
11
initial
referendum
is
held
conducted
under
this
chapter
and
a
12
majority
of
the
eligible
voters
approve
establishing
a
council
13
and
imposing
the
an
assessment
for
direct
use
.
If
a
an
initial
14
referendum
should
fail,
another
initial
referendum
to
decide
15
whether
to
establish
a
council
and
an
assessment
shall
not
be
16
held
conducted
within
at
least
one
hundred
eighty
days
from
the
17
date
that
the
last
initial
referendum
was
conducted
.
18
b.
If
a
majority
of
the
voters
do
not
approve
establishing
19
a
state
assessment
for
water
quality
and
soil
conservation,
20
the
state
assessment
shall
not
be
established
until
the
21
question
is
approved
at
a
special
referendum
or
as
part
of
an
22
initial
referendum
conducted
pursuant
to
this
section.
If
a
23
special
referendum,
or
an
initial
referendum
which
includes
24
the
question
whether
to
establish
a
state
assessment
for
25
water
quality
and
soil
conservation,
should
fail,
the
special
26
referendum
or
an
initial
referendum
which
includes
the
special
27
question
shall
not
be
conducted
for
at
least
one
hundred
eighty
28
days
from
the
date
that
the
last
such
special
referendum
or
29
initial
referendum
was
conducted.
30
4.
9.
Immediately
after
passage
of
the
question
to
31
establish
a
council
and
assessment
for
direct
use
at
the
an
32
initial
referendum,
the
secretary
shall
appoint
seven
members
33
to
the
council
in
accordance
with
section
184.6
based
on
34
nominations
made
by
the
Iowa
poultry
association.
The
Iowa
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poultry
association
shall
nominate
and
the
secretary
shall
1
appoint
two
members
representing
large
producers,
two
members
2
representing
medium
producers,
and
three
members
representing
3
small
producers.
The
department,
in
consultation
with
the
Iowa
4
poultry
association,
shall
determine
initial
classifications
5
for
small,
medium,
and
large
producers.
The
secretary
shall
6
complete
the
appointments
within
thirty
days
following
passage
7
of
the
question
at
the
initial
referendum.
8
Sec.
48.
Section
184.3,
Code
2017,
is
amended
to
read
as
9
follows:
10
184.3
Assessment
Assessments
and
state
assessments
.
11
1.
a.
Except
as
provided
in
paragraph
“b”
subsection
4
,
12
an
assessment
for
direct
use
of
two
and
one-half
cents
is
13
imposed
on
each
thirty
dozen
eggs
produced
in
this
state.
The
14
assessment
for
direct
use
shall
be
imposed
on
a
producer
at
the
15
time
of
delivery
to
a
purchaser
who
shall
deduct
the
assessment
16
for
direct
use
from
the
price
paid
to
a
producer
at
the
time
of
17
sale.
18
2.
A
state
assessment
for
water
quality
and
soil
19
conservation
is
imposed
at
the
same
rate
and
deducted
in
the
20
same
manner
as
the
assessment
for
direct
use
provided
in
21
subsection
1.
22
3.
The
assessment
for
direct
use
and
the
state
assessment
23
for
water
quality
and
soil
conservation
shall
not
be
24
refundable.
The
assessment
is
for
direct
use
and
state
25
assessment
for
water
quality
and
soil
conservation
are
due
26
to
be
paid
to
the
council
within
thirty
days
following
each
27
calendar
quarter,
as
provided
by
the
council.
28
b.
4.
a.
Upon
request
of
the
council,
the
secretary
shall
29
call
a
special
referendum
for
producers
to
vote
on
whether
to
30
authorize
an
increase
in
the
rate
of
assessment
for
direct
use
31
to
an
amount
that
is
more
than
two
and
one-half
cents
imposed
32
on
each
thirty
dozen
eggs
produced
in
this
state.
33
b.
Upon
request
of
the
council,
the
secretary
shall
34
call
a
special
referendum
for
producers
to
vote
on
whether
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to
authorize
an
increase
in
the
state
assessment
for
water
1
quality
and
soil
conservation
to
equal
the
amount
of
the
rate
2
of
the
assessment
for
direct
use
described
in
paragraph
“a”
.
3
The
secretary
shall
include
as
part
of
a
special
referendum
4
to
increase
the
rate
of
the
assessment
for
direct
use,
a
5
separate
special
question
whether
to
increase
the
rate
of
the
6
state
assessment
for
water
quality
and
soil
conservation
to
7
equal
the
increase
in
the
assessment
for
direct
use,
if
the
8
secretary
determines
the
inclusion
of
the
special
question
is
9
cost-effective
or
the
request
demands
inclusion.
10
5.
a.
Notice
of
a
special
referendum
described
in
11
subsection
4
shall
be
given
and
the
special
referendum
shall
be
12
conducted
in
the
manner
provided
in
section
184.5
.
13
b.
If
a
majority
of
the
producers
voting
approves
the
an
14
increase
in
the
rate
of
the
assessment
for
direct
use
,
the
15
council
may
increase
the
assessment
for
to
the
amount
rate
16
approved.
However,
the
The
rate
of
the
assessment
for
direct
17
use
shall
not
exceed
fifteen
cents
imposed
on
each
thirty
dozen
18
eggs
produced
in
this
state.
If
a
majority
of
the
producers
19
voting
approves
an
increase
in
the
state
assessment
for
water
20
quality
and
soil
conservation,
the
council
shall
increase
the
21
rate
of
the
state
assessment
to
equal
the
rate
approved
for
the
22
assessment
for
direct
use.
23
2.
6.
a.
If
the
producer
sells
eggs
to
a
purchaser
outside
24
the
state
of
Iowa,
the
producer
shall
deduct
the
assessment
for
25
direct
use
from
the
amount
received
from
the
sale
and
shall
26
forward
the
amount
deducted
to
the
council
within
thirty
days
27
following
each
calendar
quarter.
28
b.
If
the
producer
sells
eggs
to
a
purchaser
outside
the
29
state
of
Iowa,
the
producer
shall
deduct
the
state
assessment
30
for
water
quality
and
soil
conservation
in
the
same
manner
as
31
described
in
paragraph
“a”
.
32
7.
If
the
producer
and
processor
are
the
same
person,
then
33
that
person
shall
pay
the
assessment
for
direct
use
or
the
34
state
assessment
for
water
quality
and
soil
conservation
to
the
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council
within
thirty
days
following
each
calendar
quarter.
1
3.
8.
The
council
may
charge
interest
on
any
amount
of
the
2
an
assessment
for
direct
use
or
a
state
assessment
for
water
3
quality
and
soil
conservation
that
is
delinquent.
The
rate
4
of
interest
shall
not
be
more
than
the
current
rate
published
5
in
the
Iowa
administrative
bulletin
by
the
department
of
6
revenue
pursuant
to
section
421.7
.
The
interest
amount
shall
7
be
computed
from
the
date
the
assessment
for
direct
use
or
a
8
state
assessment
for
water
quality
and
soil
conservation
is
9
delinquent,
unless
the
council
designates
a
later
date.
The
10
interest
amount
shall
accrue
for
each
month
in
which
there
11
is
delinquency
calculated
as
provided
in
section
421.7
,
and
12
counting
each
fraction
of
a
month
as
an
entire
month.
The
13
interest
amount
due
shall
become
a
part
of
the
assessment
for
14
direct
use
or
a
state
assessment
for
water
quality
and
soil
15
conservation
due.
16
Sec.
49.
Section
184.4,
subsection
1,
paragraph
e,
Code
17
2017,
is
amended
to
read
as
follows:
18
e.
The
rate
of
withholding
and
the
total
amount
of
19
assessment
for
direct
use
and
the
state
assessment
for
water
20
quality
and
soil
conservation
withheld.
The
council
may
21
require
the
invoice
to
separately
indicate
the
amount
withheld
22
for
the
assessment
for
direct
use
and
for
the
state
assessment
23
for
water
quality
and
soil
conservation.
24
Sec.
50.
Section
184.5,
Code
2017,
is
amended
to
read
as
25
follows:
26
184.5
Referendums
Special
referendum
conducted
to
abolish
27
the
council
and
terminate
imposition
of
the
assessment
or
state
28
assessment
.
29
1.
A
special
referendum
may
be
called
to
abolish
the
council
30
and
terminate
the
imposition
of
the
assessment
for
direct
use
31
established
pursuant
to
section
184.3
and
any
state
assessment
32
for
water
quality
and
soil
conservation
established
pursuant
to
33
that
section
.
34
2.
a.
A
special
referendum
may
be
called
to
terminate
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the
state
assessment
for
water
quality
and
soil
conservation
1
established
pursuant
to
section
184.3.
2
b.
The
secretary
shall
include
as
part
of
a
special
3
referendum
to
abolish
the
council
and
terminate
the
assessment
4
for
direct
use
described
in
subsection
1,
a
separate
special
5
question
whether
to
terminate
the
state
assessment
for
water
6
quality
and
soil
conservation,
if
the
secretary
determines
the
7
inclusion
of
the
special
question
is
cost-effective
or
the
8
request
demands
inclusion.
9
3.
The
secretary
shall
call,
and
the
department
shall
10
conduct,
the
a
special
referendum
described
in
subsection
11
1
upon
the
department’s
receipt
of
a
petition
requesting
12
the
special
referendum.
The
petition
must
be
signed
by
at
13
least
twenty
eligible
voters
or
fifty
percent
of
all
eligible
14
voters,
whichever
is
greater.
In
order
to
be
an
eligible
15
voter
under
this
section
,
a
producer
must
have
paid
an
16
assessment
for
direct
use
established
under
section
184.3,
and
17
a
state
assessment
for
water
quality
and
soil
conservation
if
18
established
under
that
section,
in
the
year
of
the
special
19
referendum.
The
special
referendum
shall
be
conducted
within
20
sixty
days
following
receipt
of
the
petition.
The
petitioners
21
shall
guarantee
payment
of
the
cost
of
the
special
referendum
22
by
providing
evidence
of
financial
security
as
required
by
the
23
department.
24
2.
4.
The
following
procedures
shall
apply
to
a
special
25
referendum
conducted
pursuant
to
this
section
:
26
a.
The
department
shall
publish
a
notice
of
the
special
27
referendum
for
a
period
of
not
less
than
five
days
in
at
least
28
one
newspaper
of
general
circulation
in
the
state.
The
notice
29
shall
state
the
voting
places,
period
of
time
for
voting,
30
and
other
information
deemed
necessary
by
the
department.
A
31
special
referendum
shall
not
be
commenced
until
five
days
after
32
the
last
date
of
publication.
33
b.
Upon
signing
a
statement
certifying
to
the
secretary
that
34
the
producer
is
an
eligible
voter,
a
producer
is
entitled
to
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one
vote
in
each
special
referendum
conducted
pursuant
to
this
1
section
.
The
department
may
conduct
the
special
referendum
2
by
mail,
electronic
means,
or
a
general
meeting
of
eligible
3
voters.
The
department
shall
conduct
the
special
referendum
4
and
count
and
tabulate
the
ballots
filed
during
the
special
5
referendum
within
thirty
days
following
the
close
of
the
6
special
referendum.
7
(1)
c.
If
a
majority
of
the
total
number
of
eligible
8
voters
who
vote
in
the
special
referendum
approve
approves
9
the
continuation
of
the
council
and
the
imposition
of
the
10
assessment
for
direct
use
,
the
council
and
the
imposition
of
11
the
assessment
shall
continue
as
provided
in
this
chapter
.
12
d.
If
a
majority
of
eligible
voters
who
vote
in
the
special
13
referendum
approves
the
continuation
of
the
state
assessment
14
for
water
quality
and
soil
conservation,
the
imposition
of
the
15
state
assessment
shall
continue
for
the
same
period
as
the
16
assessment
for
direct
use.
17
(2)
e.
If
a
majority
of
the
total
number
of
eligible
18
voters
who
vote
in
the
special
referendum
held
pursuant
to
19
this
section
do
does
not
approve
continuing
the
council
and
20
the
imposition
of
the
assessment
for
direct
use
,
the
secretary
21
shall
terminate
the
collection
of
the
assessment
for
direct
use
22
established
pursuant
to
section
184.3
and
the
state
assessment
23
for
water
quality
and
soil
conservation
if
established
pursuant
24
to
that
section,
on
the
first
day
of
the
year
for
which
the
25
referendum
was
to
continue.
The
secretary
shall
terminate
26
the
activities
of
the
council
in
an
orderly
manner
as
soon
as
27
practicable
after
the
determination
is
made
.
An
additional
28
initial
referendum
may
be
held
as
provided
in
conducted
29
under
section
184.2
.
However,
the
subsequent
additional
30
referendum
shall
not
be
held
within
conducted
for
at
least
one
31
hundred
eighty
days
after
the
date
that
the
last
such
special
32
referendum
was
conducted
.
33
f.
If
a
majority
of
the
total
number
of
eligible
voters
34
who
vote
in
the
special
referendum
does
not
approve
continuing
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the
state
assessment
for
water
quality
and
soil
conservation,
1
the
secretary
shall
terminate
the
state
assessment
in
an
2
orderly
manner
as
soon
as
practicable
after
the
determination
3
is
made.
An
additional
special
referendum
or
an
additional
4
initial
referendum
that
includes
a
separate
special
question
5
to
establish
the
state
assessment
for
water
quality
and
soil
6
conservation
may
be
conducted
under
section
184.2.
However,
7
the
subsequent
special
referendum
or
initial
referendum
shall
8
not
be
conducted
for
at
least
one
hundred
eighty
days
after
9
the
date
that
the
last
such
special
referendum
or
initial
10
referendum
was
conducted.
11
Sec.
51.
Section
184.10,
subsection
4,
Code
2017,
is
amended
12
to
read
as
follows:
13
4.
Enter
into
arrangements
for
the
collection
of
the
14
assessment
for
direct
use
and
any
state
assessment
for
water
15
quality
and
soil
conservation
.
16
Sec.
52.
Section
184.10,
Code
2017,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
8.
Cooperate
with
the
division
of
soil
19
conservation
and
water
quality
of
the
department
of
agriculture
20
and
land
stewardship
in
doing
all
of
the
following:
21
a.
Transferring
moneys
from
the
state
assessment
for
water
22
quality
and
soil
conservation
to
the
water
quality
and
soil
23
conservation
fund
created
in
section
466B.51.
24
b.
Being
reimbursed
for
reasonable
expenses
incurred
in
25
conducting
an
initial
or
special
referendum
to
establish,
26
continue,
or
terminate
a
state
assessment
for
water
quality
and
27
soil
conservation.
28
Sec.
53.
Section
184.13,
Code
2017,
is
amended
to
read
as
29
follows:
30
184.13
Administration
of
moneys.
31
1.
Subject
to
the
provisions
of
section
184.3
,
the
32
assessment
imposed
by
this
chapter
for
direct
use
established
33
pursuant
to
section
184.3,
and
the
state
assessment
for
water
34
quality
and
soil
conservation
if
established
pursuant
to
that
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section,
shall
be
remitted
by
the
purchaser
to
the
council
not
1
later
than
thirty
days
following
each
calendar
quarter
during
2
which
the
assessment
was
collected.
3
2.
Amounts
Moneys
collected
from
the
assessment
for
direct
4
use
shall
be
deposited
in
the
office
of
the
treasurer
of
5
state
in
a
separate
fund
to
be
known
as
the
Iowa
egg
fund.
6
The
department
of
administrative
services
shall
transfer
7
moneys
from
the
fund
to
the
council
for
deposit
into
an
8
account
established
by
the
council
in
a
qualified
financial
9
institution.
The
department
shall
transfer
the
moneys
as
10
provided
in
a
resolution
adopted
by
the
council.
However,
the
11
department
is
only
required
to
transfer
moneys
once
during
each
12
day
and
only
during
hours
when
the
offices
of
the
state
are
13
open.
14
3.
Moneys
collected
from
a
state
assessment
for
water
15
quality
and
soil
conservation
by
the
council
may
be
deposited
16
in
a
qualified
financial
institution
and
shall
be
transferred
17
to
the
water
quality
and
soil
conservation
fund
created
in
18
section
466B.51.
19
Sec.
54.
Section
184.14,
Code
2017,
is
amended
to
read
as
20
follows:
21
184.14
Use
of
moneys
——
appropriation
——
audit.
22
1.
All
moneys
deposited
in
the
Iowa
egg
fund
and
transferred
23
to
the
council
as
provided
in
section
184.13
are
appropriated
24
and
shall
be
used
for
the
administration
of
this
chapter
and
25
for
the
payment
of
claims
based
upon
obligations
incurred
in
26
the
performance
of
activities
and
functions
set
forth
in
this
27
chapter
.
28
2.
a.
Moneys
collected,
deposited
in
the
fund,
and
29
transferred
to
the
council
as
provided
in
this
chapter
are
30
subject
to
audit
by
the
auditor
of
state.
The
auditor
of
state
31
may
seek
reimbursement
for
the
cost
of
the
audit.
The
moneys
32
transferred
to
the
council
shall
be
used
by
the
council
first
33
for
the
payment
of
collection
expenses,
second
for
payment
of
34
the
costs
and
expenses
arising
in
connection
with
conducting
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referendums,
third
to
perform
the
functions
and
carry
out
the
1
duties
of
the
council
as
provided
in
this
chapter
,
and
fourth
2
for
the
cost
of
audits
by
the
auditor
of
state.
3
b.
Moneys
The
moneys
remaining
after
the
council
is
4
abolished
and
the
imposition
of
an
the
assessment
for
direct
5
use
imposed
pursuant
to
section
184.3
is
terminated
pursuant
to
6
a
special
referendum
conducted
pursuant
to
section
184.5
shall
7
continue
to
be
expended
in
accordance
with
this
chapter
until
8
exhausted.
9
3.
If
the
council
is
abolished
and
the
assessment
for
direct
10
use
is
terminated
pursuant
to
a
special
referendum
conducted
11
under
section
184.5,
remaining
moneys
collected
from
the
state
12
assessment
for
water
quality
and
soil
conservation
shall
be
13
transferred
to
the
water
quality
and
soil
conservation
fund
14
created
in
section
466B.51.
If
the
state
assessment
for
water
15
quality
and
soil
conservation
is
terminated
pursuant
to
a
16
special
referendum
conducted
under
that
section,
remaining
17
moneys
collected
from
the
state
assessment
shall
be
transferred
18
to
the
water
quality
and
soil
conservation
fund
created
in
19
section
466B.51.
20
4.
Except
as
expressly
provided
in
this
chapter,
moneys
21
collected
from
a
state
assessment
for
water
quality
and
soil
22
conservation
shall
not
be
used
for
any
purpose
other
than
to
23
be
transferred
to
the
water
quality
and
soil
conservation
fund
24
created
in
section
466B.51.
25
Sec.
55.
Section
184.18,
Code
2017,
is
amended
to
read
as
26
follows:
27
184.18
Purchasers
outside
Iowa.
28
The
secretary
may
enter
into
arrangements
with
purchasers
29
from
outside
Iowa
for
payment
of
the
assessment
for
direct
30
use
and
the
state
assessment
for
water
quality
and
soil
31
conservation
.
32
DIVISION
VI
33
IOWA
TURKEY
MARKETING
COUNCIL
34
Sec.
56.
Section
184A.1,
Code
2017,
is
amended
by
adding
the
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following
new
subsection:
1
NEW
SUBSECTION
.
1A.
“Assessment”
means
an
excise
tax
2
imposed
on
the
sale
of
turkeys
which
may
include
an
assessment
3
for
direct
use
and
a
state
assessment
for
water
quality
and
4
soil
conservation.
5
Sec.
57.
Section
184A.1A,
Code
2017,
is
amended
to
read
as
6
follows:
7
184A.1A
Referendum
conducted
to
establish
an
Iowa
turkey
8
marketing
council
and
impose
an
assessment
Referendums
and
9
assessments
.
10
1.
The
department
shall
call
and
conduct
a
an
initial
11
referendum
upon
the
department’s
receipt
of
a
petition
which
12
is
signed
by
at
least
twenty
eligible
voters
requesting
a
13
an
initial
referendum
to
determine
whether
to
establish
an
14
Iowa
turkey
marketing
council
as
provided
in
section
184A.1B
15
and
impose
establish
an
assessment
for
direct
use
imposed
as
16
provided
in
section
184A.2
.
17
2.
If
a
council
is
established,
and
upon
receipt
of
a
18
petition
that
otherwise
complies
with
the
requirements
of
19
subsection
1,
the
department
shall
call
and
conduct
a
special
20
referendum
to
establish
a
state
assessment
for
water
quality
21
and
soil
conservation
as
provided
in
section
184A.2.
22
3.
Upon
receipt
of
a
petition
that
otherwise
complies
with
23
the
requirements
of
subsection
1,
the
secretary
shall
include
24
as
part
of
the
initial
referendum
a
separate
special
question
25
whether
to
establish
a
state
assessment
for
water
quality
and
26
soil
conservation
described
in
subsection
2,
if
the
secretary
27
determines
the
inclusion
of
the
separate
special
question
is
28
cost-effective
or
the
petition
demands
inclusion.
29
4.
In
order
to
be
an
eligible
voter
under
this
section
,
30
a
petitioner
must
be
a
qualified
producer.
The
initial
or
31
special
referendum
shall
be
conducted
by
election
within
sixty
32
days
following
receipt
of
the
petition.
The
petitioners
shall
33
guarantee
payment
of
the
cost
of
the
referendum
by
providing
34
evidence
of
financial
security
as
required
by
the
department.
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2.
5.
The
department
shall
give
notice
of
the
an
initial
1
referendum
on
the
question
whether
to
establish
a
council
and
2
to
impose
an
assessment
or
special
referendum
by
publishing
3
the
notice
for
a
period
of
not
less
than
five
days
in
at
least
4
one
newspaper
of
general
circulation
in
the
state,
and
for
5
a
similar
period
in
other
newspapers
as
prescribed
by
the
6
department.
The
notice
shall
state
the
voting
places,
period
7
of
time
for
voting,
the
manner
of
voting,
the
amount
of
the
8
assessment
for
direct
use
or
the
amount
of
the
state
assessment
9
for
water
quality
and
soil
conservation
,
and
other
information
10
deemed
necessary
by
the
department.
A
referendum
or
special
11
referendum
shall
not
be
commenced
until
five
days
after
the
12
last
date
of
publication.
13
3.
a.
6.
Each
eligible
voter
who
signs
a
statement
14
certifying
that
the
eligible
voter
is
a
qualified
producer
15
shall
be
an
eligible
voter
under
this
section
.
An
eligible
16
voter
is
entitled
to
cast
one
vote
in
each
initial
referendum
17
or
special
referendum
conducted
under
this
section
.
The
18
department
may
conduct
the
initial
referendum
or
special
19
referendum
by
mail,
electronic
means,
or
a
general
meeting
of
20
eligible
voters.
21
b.
7.
At
the
close
of
the
initial
referendum
or
special
22
referendum
,
the
department
shall
count
and
tabulate
the
ballots
23
cast.
24
(1)
8.
a.
If
a
majority
of
eligible
voters
who
vote
in
25
the
an
initial
referendum
approve
establishing
the
council
and
26
imposing
an
assessment
for
direct
use
under
section
184A.2
,
a
27
council
and
the
assessment
shall
be
established,
and
an
the
28
assessment
shall
be
imposed
commencing
not
more
than
sixty
days
29
following
the
initial
referendum
as
determined
by
the
council.
30
The
council
and
assessment
for
direct
use
shall
continue
for
31
five
years
as
provided
in
section
184A.12
.
32
b.
If
a
majority
of
eligible
voters
who
vote
in
a
special
33
referendum
approve
establishing
a
state
assessment
for
water
34
quality
and
soil
conservation,
the
state
assessment
shall
be
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imposed
commencing
not
more
than
sixty
days
following
the
1
special
referendum
as
determined
by
the
council.
2
(2)
c.
If
a
majority
of
eligible
voters
who
vote
in
the
an
3
initial
referendum
do
not
approve
establishing
the
council
and
4
imposing
the
an
assessment
for
direct
use
,
the
council
shall
5
not
be
established
and
an
assessment
shall
not
be
established
6
and
imposed
until
another
initial
referendum
is
held
conducted
7
under
this
section
and
a
majority
of
the
eligible
voters
voting
8
approve
establishing
a
council
and
imposing
the
an
assessment
9
for
direct
use
.
If
a
an
initial
referendum
should
fail,
10
another
initial
referendum
shall
not
be
held
within
conducted
11
for
at
least
one
hundred
eighty
days
from
the
date
of
the
last
12
such
initial
referendum.
13
d.
If
a
majority
of
the
voters
do
not
approve
establishing
14
a
state
assessment
for
water
quality
and
soil
conservation,
the
15
state
assessment
shall
not
be
established
and
imposed
until
the
16
question
is
approved
at
a
special
referendum
or
as
part
of
an
17
initial
referendum
conducted
pursuant
to
this
section.
If
a
18
special
referendum
or
an
initial
referendum
which
includes
the
19
question
whether
to
establish
a
state
assessment
should
fail,
20
the
special
referendum
or
an
initial
referendum
which
includes
21
the
question
shall
not
be
conducted
for
at
least
one
hundred
22
eighty
days
from
the
date
of
the
last
such
special
referendum
23
or
initial
referendum
which
included
the
separate
special
24
question.
25
4.
9.
Within
thirty
days
after
approval
at
the
initial
26
referendum
to
establish
a
council
and
to
impose
an
assessment
27
for
direct
use
,
the
department
shall
organize
the
council
as
28
provided
in
section
184A.1B
.
29
Sec.
58.
Section
184A.1C,
subsection
4,
Code
2017,
is
30
amended
to
read
as
follows:
31
4.
Enter
into
arrangements
for
the
collection
,
and
deposit
,
32
and
use
of
the
assessment
for
direct
use
or
the
collection,
33
deposit,
and
transfer
of
the
state
assessment
for
water
quality
34
and
soil
conservation
.
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Sec.
59.
Section
184A.1C,
Code
2017,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
7.
Cooperate
with
the
division
of
soil
3
conservation
and
water
quality
of
the
department
of
agriculture
4
and
land
stewardship
in
doing
all
of
the
following:
5
a.
Transferring
moneys
collected
from
the
state
assessment
6
for
water
quality
and
soil
conservation
to
the
water
quality
7
and
soil
conservation
fund
created
in
section
466B.51.
8
b.
Being
reimbursed
for
reasonable
expenses
incurred
in
9
conducting
an
initial
or
special
referendum
to
establish,
10
continue,
or
terminate
a
state
assessment
for
water
quality
and
11
soil
conservation.
12
Sec.
60.
Section
184A.2,
Code
2017,
is
amended
to
read
as
13
follows:
14
184A.2
Assessment
Assessments
——
direct
use
——
water
quality
15
and
soil
conservation
.
16
1.
If
an
assessment
for
direct
use
or
a
state
assessment
for
17
water
quality
and
soil
conservation
is
approved
by
a
majority
18
of
the
eligible
voters
voting
at
a
an
initial
referendum
or
19
special
referendum
as
provided
in
section
184A.1A
or
184A.12
,
20
all
of
the
following
shall
apply:
21
a.
The
assessment
for
direct
use
or
the
state
assessment
for
22
water
quality
and
soil
conservation
shall
be
imposed
on
each
23
turkey
delivered
for
processing.
24
b.
The
council
shall
establish
a
rate
of
the
assessment
25
for
direct
use
and
the
state
assessment
for
water
quality
and
26
soil
conservation
for
each
turkey
delivered
for
processing.
27
The
council
may
establish
different
rates
based
on
attributes
28
or
characteristics
of
turkeys.
However,
a
rate
shall
not
be
29
more
than
three
cents
for
each
turkey
delivered
for
processing.
30
The
rate
of
the
state
assessment
for
water
quality
and
soil
31
conservation
shall
equal
the
assessment
for
direct
use
in
32
effect
when
the
referendum
establishing
the
state
assessment
33
passes.
34
c.
The
assessment
for
direct
use
or
the
state
assessment
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for
water
quality
and
soil
conservation
shall
be
imposed
1
on
the
producer
and
collected
at
the
time
of
delivery
of
a
2
turkey
to
the
processor.
The
assessment
for
direct
use
and
3
the
state
assessment
for
water
quality
and
soil
conservation
4
shall
be
deducted
by
the
processor
at
the
time
of
delivery
5
from
the
price
paid
to
the
producer
at
the
time
of
the
sale
6
to
the
processor.
A
processor
shall
remit
assessments
moneys
7
collected
from
the
assessment
for
direct
use
or
the
state
8
assessment
for
water
quality
and
soil
conservation
to
the
9
council
on
a
monthly
basis
as
provided
by
the
council.
The
10
council
shall
deposit
the
remitted
assessments
moneys
collected
11
from
the
assessment
for
direct
use
in
the
Iowa
turkey
fund
as
12
provided
in
section
184A.4
.
The
council
shall
transmit
moneys
13
collected
from
the
state
assessment
for
water
quality
and
soil
14
conservation
to
the
water
quality
and
soil
conservation
fund
15
created
in
section
466B.51.
16
2.
The
council
may
enter
into
agreements
with
processors
17
from
outside
this
state
for
the
payment
of
the
assessment
for
18
direct
use
and
the
state
assessment
for
water
quality
and
soil
19
conservation
.
20
3.
a.
The
council
shall
provide
for
a
refund
of
an
21
assessment
for
direct
use,
and
of
a
state
assessment
for
water
22
quality
and
soil
conservation
if
established,
according
to
23
rules
adopted
by
the
council.
24
b.
The
council
shall
publish
and
disseminate
applications
25
for
refunds.
An
application
shall
allow
the
applicant
to
elect
26
whether
the
refund
is
for
the
assessment
for
direct
use
or
a
27
state
assessment
for
water
quality
and
soil
conservation
or
28
both.
The
council
shall
not
approve
an
application
unless
the
29
application
indicates
the
election.
30
c.
The
council
shall
transmit
any
approved
application
for
31
a
refund
of
the
state
assessment
for
water
quality
and
soil
32
conservation
to
the
division
of
soil
conservation
and
water
33
quality
of
the
department
of
agriculture
and
land
stewardship
34
which
shall
pay
a
refund
to
the
producer
in
the
same
manner
as
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the
council
pays
a
refund
to
the
producer
under
paragraph
“a”
.
1
Sec.
61.
Section
184A.3,
Code
2017,
is
amended
to
read
as
2
follows:
3
184A.3
Assessment
documentation
Assessments
——
documentation
.
4
A
processor
receiving
turkeys
for
slaughter
shall
do
all
of
5
the
following:
6
1.
At
the
time
of
payment
to
the
producer,
the
processor
7
shall
sign
and
submit
a
receipt
to
the
producer
which
includes
8
the
rate
of
the
assessment
for
direct
use
imposed
and
the
rate
9
of
the
state
assessment
for
water
quality
and
soil
conservation
10
imposed
and
the
amount
of
the
assessment
and
state
assessment
11
for
all
turkeys
delivered
for
processing.
12
2.
Within
a
period
established
by
rules
adopted
by
the
13
council,
the
processor
shall
regularly
sign
and
submit
to
the
14
council
an
invoice
or
other
records
required
by
the
council
15
to
expedite
collection
of
the
assessment
for
direct
use
and
16
the
state
assessment
for
water
quality
and
soil
conservation
.
17
The
council
may
require
that
the
processor
submit
a
separate
18
invoice
for
each
purchase.
The
invoice
shall
be
legibly
19
printed
and
shall
not
be
altered.
An
invoice
shall
include
all
20
of
the
following:
21
a.
The
name
and
address
of
the
producer
and
the
seller,
if
22
the
seller’s
name
is
different
from
the
producer.
23
b.
The
name
and
address
of
the
processor.
24
c.
The
number
of
turkeys
sold.
25
d.
The
date
of
the
delivery.
26
3.
The
council
may
require
the
invoice
to
separately
27
indicate
the
amount
withheld
for
the
assessment
for
direct
28
use
and
the
state
assessment
for
water
quality
and
soil
29
conservation.
30
Sec.
62.
Section
184A.4,
Code
2017,
is
amended
to
read
as
31
follows:
32
184A.4
Administration
of
moneys.
33
1.
a.
The
assessments
Moneys
from
the
assessment
for
direct
34
use
collected
by
the
council
as
provided
in
section
184A.2
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shall
be
deposited
in
the
office
of
the
treasurer
of
state
in
1
a
special
fund
known
as
the
Iowa
turkey
fund.
The
department
2
of
administrative
services
shall
transfer
moneys
from
the
3
fund
to
the
council
for
deposit
into
the
turkey
council
4
account
established
by
the
council
pursuant
to
this
section
.
5
The
department
shall
transfer
the
moneys
as
provided
in
a
6
resolution
adopted
by
the
council.
However,
the
department
is
7
only
required
to
transfer
moneys
once
during
each
day
and
only
8
during
hours
when
the
offices
of
the
state
are
open.
9
2.
b.
The
council
shall
establish
a
turkey
council
10
account
in
a
qualified
financial
institution.
The
council
11
shall
provide
for
the
deposit
of
all
of
the
following
into
the
12
account:
13
a.
(1)
The
assessment
for
direct
use
collected,
deposited
14
in
the
Iowa
turkey
fund,
and
transferred
to
the
council
as
15
provided
in
this
section
.
16
b.
(2)
Moneys,
other
than
assessments
moneys
collected
from
17
the
state
assessment
for
water
quality
and
soil
conservation
,
18
but
including
moneys
in
the
form
of
gifts,
rents,
royalties,
19
or
license
fees
received
by
the
council
pursuant
to
section
20
184A.1C
.
21
2.
Except
as
expressly
provided
in
this
chapter,
moneys
22
collected
from
the
state
assessment
for
water
quality
and
soil
23
conservation
under
this
section
shall
not
be
used
for
any
24
purpose
other
than
to
be
transferred
to
the
water
quality
and
25
soil
conservation
fund
created
in
section
466B.51.
26
Sec.
63.
Section
184A.6,
Code
2017,
is
amended
to
read
as
27
follows:
28
184A.6
Use
of
moneys
in
the
turkey
council
account
.
29
1.
All
moneys
deposited
in
the
turkey
council
account
30
pursuant
to
section
184A.4
shall
be
used
by
the
council
for
31
purposes
of
administering
this
chapter
.
32
2.
The
council
shall
expend
moneys
from
deposited
in
the
33
turkey
council
account
first
for
the
payment
of
expenses
for
34
the
collection
of
assessments
moneys
from
the
assessment
for
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direct
use
and
the
state
assessment
for
water
quality
and
soil
1
conservation
,
second
for
the
payment
of
expenses
related
to
2
conducting
a
special
referendum
as
provided
in
conducted
under
3
section
184A.12
,
and
third
for
the
cost
of
performing
audits
4
by
the
auditor
of
state
as
required
in
section
184A.9
.
The
5
council
shall
expend
remaining
moneys
for
market
development,
6
producer
education,
and
the
payment
of
refunds
to
producers
as
7
provided
in
this
chapter
.
8
Sec.
64.
Section
184A.10,
Code
2017,
is
amended
to
read
as
9
follows:
10
184A.10
Referendum
Referendums
.
11
Upon
receipt
of
a
petition
signed
by
at
least
twenty-five
12
producers
requesting
an
initial
referendum
election
to
13
determine
whether
to
impose
the
fee
assessment
for
direct
use
14
as
provided
in
section
184A.2
the
secretary
shall
call
and
15
conduct
an
initial
referendum.
16
Sec.
65.
Section
184A.12,
Code
2017,
is
amended
to
read
as
17
follows:
18
184A.12
Referendum
Special
referendum
conducted
to
continue
19
the
council
and
the
imposition
of
the
assessment
establishment
20
of
assessments
.
21
1.
The
council
shall
call
for
a
special
referendum
to
22
continue
the
council
established
pursuant
to
section
184A.1A
,
23
and
to
continue
the
assessment
for
direct
use
established
24
pursuant
to
section
184A.2
.
25
2.
The
council
shall
call
for
a
special
referendum
to
26
continue
the
state
assessment
for
water
quality
and
soil
27
conservation
if
established
pursuant
to
section
184A.1A.
The
28
council
may
include
as
part
of
the
special
referendum
to
29
continue
the
council
and
the
assessment
for
direct
use
under
30
subsection
1,
a
separate
special
question
whether
to
continue
31
the
state
assessment
for
water
quality
and
soil
conservation.
32
3.
The
council
shall
call
and
conduct
the
a
special
33
referendum
by
election
as
provided
in
this
section
.
The
34
department
shall
oversee
the
conduct
of
the
special
referendum.
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The
special
referendum
shall
be
conducted
in
the
fifth
year
1
following
the
initial
referendum
establishing
the
council
and
2
the
assessment
for
direct
use
as
provided
in
section
184A.10
.
3
2.
4.
The
following
procedures
shall
apply
to
a
special
4
referendum
conducted
pursuant
to
this
section
:
5
a.
The
council
shall
publish
a
notice
of
the
special
6
referendum
for
a
period
of
not
less
than
five
days
in
at
least
7
one
newspaper
of
general
circulation
in
the
state
and
for
8
a
similar
period
in
other
newspapers
as
prescribed
by
the
9
council.
The
notice
shall
state
the
voting
places,
period
of
10
time
for
voting,
manner
of
voting,
and
other
information
deemed
11
necessary
by
the
council.
A
referendum
shall
not
be
commenced
12
until
five
days
after
the
last
date
of
publication.
13
b.
Upon
signing
a
statement
certifying
to
the
council
that
14
a
producer
is
an
eligible
voter,
the
producer
is
entitled
to
15
one
vote
in
each
special
referendum
conducted
pursuant
to
16
this
section
.
In
order
to
be
an
eligible
voter
under
this
17
section
,
a
producer
must
be
a
qualified
producer
who
paid
an
18
the
assessment
for
direct
use
and
the
state
assessment
for
19
water
quality
and
soil
conservation,
if
established,
in
the
20
year
in
which
the
special
referendum
is
held
conducted
.
The
21
council
may
conduct
the
special
referendum
by
mail,
electronic
22
means,
or
a
general
meeting
of
eligible
voters.
The
council
23
shall
conduct
the
special
referendum
and
count
and
tabulate
the
24
ballots
filed
during
the
special
referendum
within
thirty
days
25
following
the
close
of
the
special
referendum.
26
(1)
c.
If
a
majority
of
eligible
voters
who
vote
in
the
27
special
referendum
approves
the
continuation
of
continuing
the
28
council
and
the
imposition
of
the
assessment
for
direct
use
,
29
the
council
and
the
imposition
of
the
assessment
shall
continue
30
as
provided
in
this
chapter
.
31
d.
If
a
majority
of
eligible
voters
who
vote
in
the
special
32
referendum
approves
continuing
the
state
assessment
for
water
33
quality
and
soil
conservation,
the
imposition
of
the
state
34
assessment
shall
continue
for
the
same
period
as
the
assessment
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for
direct
use.
1
(2)
e.
If
a
majority
of
eligible
voters
who
vote
in
the
2
special
referendum
does
not
approve
continuing
the
council
3
and
the
imposition
of
the
assessment
for
direct
use
,
the
4
department
shall
terminate
the
collection
of
the
assessment
for
5
direct
use
and
the
state
assessment
for
water
quality
and
soil
6
conservation
if
established.
The
termination
shall
occur
on
7
the
first
day
of
the
year
for
which
the
special
referendum
was
8
to
continue.
The
department
shall
terminate
the
activities
9
of
the
council
in
an
orderly
manner
as
soon
as
practicable
10
after
the
date
that
the
special
referendum
was
conducted
.
A
11
subsequent
initial
referendum
may
be
held
conducted
as
provided
12
in
section
184A.1A
.
However,
the
subsequent
initial
referendum
13
shall
not
be
held
within
conducted
for
at
least
one
hundred
14
eighty
days
from
the
date
of
that
the
last
special
referendum
15
was
conducted
.
16
f.
If
a
majority
of
eligible
voters
who
vote
in
the
special
17
referendum
does
not
approve
continuing
the
state
assessment
18
for
water
quality
and
soil
conservation,
the
department
shall
19
terminate
the
state
assessment
in
the
same
manner
as
described
20
in
paragraph
“e”
.
A
subsequent
special
referendum
to
establish
21
a
state
assessment
for
water
quality
and
soil
conservation
22
may
be
conducted
as
provided
in
section
184A.1A.
However,
23
the
subsequent
special
referendum
shall
not
be
conducted
for
24
at
least
one
hundred
eighty
days
from
the
date
that
the
last
25
special
referendum
was
conducted.
26
Sec.
66.
Section
184A.12A,
Code
2017,
is
amended
to
read
as
27
follows:
28
184A.12A
Referendum
Special
referendum
conducted
to
abolish
29
the
council
and
terminate
the
imposition
of
the
assessment
30
assessments
.
31
1.
A
The
department
may
call
and
conduct
a
special
32
referendum
may
be
called
to
abolish
the
council
established
33
pursuant
to
sections
section
184A.1A
and
184A.1B
,
and
,
to
34
terminate
the
imposition
of
the
assessment
for
direct
use
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established
pursuant
to
section
184A.2
,
and
to
terminate
the
1
state
assessment
for
water
quality
and
soil
conservation
2
established
pursuant
to
section
184A.2
.
3
2.
a.
The
department
shall
call
and
conduct,
as
provided
4
in
subsection
3,
a
special
referendum
to
terminate
the
state
5
assessment
for
water
quality
and
soil
conservation
established
6
pursuant
to
section
184A.2.
7
b.
The
department
shall
include
as
part
of
a
special
8
referendum
to
continue
the
council
and
the
state
assessment
for
9
direct
use
conducted
under
subsection
1,
a
separate
special
10
question
to
continue
the
state
assessment
for
water
quality
and
11
soil
conservation,
if
the
department
determines
the
inclusion
12
of
the
special
question
is
cost-effective
or
a
petition
13
described
in
subsection
3
demands
inclusion.
14
3.
The
department
shall
call
and
conduct
the
special
15
referendum
upon
the
department’s
receipt
of
a
petition
16
requesting
the
special
referendum
or
the
inclusion
of
a
17
separate
special
question
as
described
in
this
section
.
The
18
petition
must
be
signed
by
at
least
twenty
eligible
voters
or
19
fifty
percent
of
all
eligible
voters,
whichever
is
greater.
In
20
order
to
be
an
eligible
voter
under
this
section
,
a
producer
21
must
be
a
qualified
producer
who
paid
an
the
assessment
for
22
direct
use
and
the
state
assessment
for
water
quality
and
soil
23
conservation,
if
established,
in
the
year
in
which
the
special
24
referendum
is
held
conducted
.
The
special
referendum
shall
25
be
conducted
by
election
within
sixty
days
following
receipt
26
of
the
petition.
The
petitioners
shall
guarantee
payment
of
27
the
cost
of
the
special
referendum
by
providing
evidence
of
28
financial
security
as
required
by
the
department.
29
2.
4.
The
following
procedures
shall
apply
to
a
special
30
referendum
conducted
pursuant
to
this
section
:
31
a.
The
department
shall
publish
a
notice
of
the
special
32
referendum
for
a
period
of
not
less
than
five
days
in
at
least
33
one
newspaper
of
general
circulation
in
the
state
and
for
34
a
similar
period
in
other
newspapers
as
prescribed
by
the
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department.
The
notice
shall
state
the
voting
places,
period
1
of
time
for
voting,
manner
of
voting,
and
other
information
2
deemed
necessary
by
the
department.
A
special
referendum
3
shall
not
be
commenced
until
five
days
after
the
last
date
of
4
publication.
5
b.
Upon
signing
a
statement
certifying
to
the
department
6
that
a
producer
is
an
eligible
voter,
the
producer
is
entitled
7
to
one
vote
in
each
special
referendum
conducted
pursuant
8
to
this
section
.
The
department
may
conduct
the
special
9
referendum
by
mail,
electronic
means,
or
a
general
meeting
of
10
eligible
voters.
The
department
shall
conduct
the
special
11
referendum
and
count
and
tabulate
the
ballots
filed
during
the
12
special
referendum
within
thirty
days
following
the
close
of
13
the
special
referendum.
14
(1)
c.
If
a
majority
of
eligible
voters
who
vote
in
the
15
special
referendum
approves
the
continuation
of
the
council
and
16
the
imposition
of
the
assessment
for
direct
use
,
the
council
17
and
the
imposition
of
the
assessment
shall
continue
as
provided
18
in
this
chapter
.
19
d.
If
a
majority
of
eligible
voters
who
vote
in
the
special
20
referendum
approves
the
continuation
of
the
state
assessment
21
for
water
quality
and
soil
conservation,
the
state
assessment
22
shall
continue
for
the
same
period
as
the
assessment
for
direct
23
use.
24
(2)
e.
If
a
majority
of
eligible
voters
who
vote
in
the
25
special
referendum
does
not
approve
continuing
the
council
and
26
the
imposition
of
the
assessment
for
direct
use
,
the
department
27
shall
terminate
the
collection
of
the
assessment
for
direct
use
28
on
the
first
day
of
the
year
for
which
the
special
referendum
29
was
to
continue.
The
department
shall
terminate
the
activities
30
of
the
council
in
an
orderly
manner
as
soon
as
practicable
31
after
the
special
referendum.
A
subsequent
initial
referendum
32
may
be
held
conducted
as
provided
in
section
184A.1A
.
However,
33
the
subsequent
initial
referendum
shall
not
be
held
within
34
conducted
for
at
least
one
hundred
eighty
days
from
the
date
of
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that
the
last
special
referendum
was
conducted
.
1
f.
If
a
majority
of
eligible
voters
who
vote
in
the
special
2
referendum
does
not
approve
continuing
the
state
assessment
3
for
water
quality
and
soil
conservation,
the
department
shall
4
terminate
the
collection
of
the
state
assessment
in
the
same
5
manner
as
described
in
paragraph
“e”
.
A
subsequent
special
6
referendum
to
establish
a
state
assessment
for
water
quality
7
and
soil
conservation
may
be
called
and
conducted
under
section
8
184A.1A,
or
a
separate
special
question
to
establish
the
9
state
assessment
and
included
as
part
of
a
subsequent
initial
10
referendum
may
be
called
and
conducted
under
that
section.
11
However,
the
subsequent
special
referendum
or
subsequent
12
initial
referendum
that
includes
the
special
question
shall
13
not
be
conducted
for
at
least
one
hundred
eighty
days
from
the
14
date
that
the
last
special
referendum
terminating
the
state
15
assessment
was
conducted.
16
DIVISION
VII
17
IOWA
SOYBEAN
ASSOCIATION
18
Sec.
67.
Section
185.1,
subsection
17,
Code
2017,
is
amended
19
to
read
as
follows:
20
17.
“State
assessment”
or
“assessment”
means
an
excise
tax
21
on
each
bushel
of
soybeans
marketed
in
this
state
which
is
22
imposed
pursuant
to
a
any
of
the
following:
23
a.
A
state
assessment
for
direct
use
pursuant
to
a
24
promotional
order
as
provided
in
this
chapter
.
25
b.
A
state
assessment
for
water
quality
and
soil
26
conservation.
27
Sec.
68.
Section
185.1A,
Code
2017,
is
amended
to
read
as
28
follows:
29
185.1A
Recognition
of
Iowa
soybean
association.
30
1.
The
corporation
known
as
the
Iowa
soybean
association
31
incorporated
under
the
laws
of
this
state
shall
be
entitled
32
to
the
benefits
of
this
chapter
by
filing
each
year
with
the
33
secretary
a
verified
proof
of
its
organization,
the
names
34
of
its
officers,
and
any
other
information
required
by
the
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secretary.
1
2.
The
Iowa
soybean
association
is
a
qualified
state
soybean
2
board
for
purposes
of
administering
a
national
assessment.
3
For
purposes
of
this
chapter,
“association”
shall
include
a
4
successor
qualified
state
soybean
board
or
other
entity
that
is
5
recognized
by
federal
law
to
administer
the
national
assessment
6
in
Iowa.
7
Sec.
69.
Section
185.2,
Code
2017,
is
amended
to
read
as
8
follows:
9
185.2
Petition
for
election
Referendums
.
10
1.
Upon
receipt
of
a
petition
signed
by
at
least
five
11
hundred
producers
requesting
an
initial
referendum
election
12
to
determine
whether
a
promotional
order
shall
be
placed
in
13
effect,
the
secretary
shall
call
an
the
initial
referendum
14
election
to
be
conducted
within
sixty
days
following
receipt
15
of
the
petition.
Producers
shall
vote
by
written
ballot
in
16
the
manner
provided
by
this
chapter
for
an
initial
referendum
17
elections
.
18
2.
a.
If
a
promotional
order
is
placed
into
effect,
and
19
upon
receipt
of
a
petition
that
otherwise
complies
with
the
20
requirements
of
this
section,
the
secretary
shall
conduct
a
21
special
referendum
to
establish
a
state
assessment
for
water
22
quality
and
soil
conservation.
The
special
referendum
shall
be
23
conducted
in
the
same
manner
as
an
initial
referendum
described
24
in
subsection
1.
25
b.
Upon
receipt
of
a
petition
that
otherwise
complies
with
26
the
requirements
of
this
section,
the
secretary
shall
include
27
as
part
of
the
initial
referendum
a
separate
special
question
28
whether
to
establish
and
impose
a
state
assessment
for
water
29
quality
and
soil
conservation
described
in
this
section,
if
the
30
secretary
determines
the
inclusion
of
the
special
question
is
31
cost-effective
or
the
petition
demands
inclusion.
32
Sec.
70.
Section
185.11,
Code
2017,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
5.
Cooperate
with
the
division
of
soil
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conservation
and
water
quality
of
the
department
of
agriculture
1
and
land
stewardship
in
doing
all
of
the
following:
2
a.
Transferring
moneys
collected
from
the
state
assessment
3
for
water
quality
and
soil
conservation
to
the
water
quality
4
and
soil
conservation
fund
created
in
section
466B.51.
5
b.
Being
reimbursed
for
reasonable
expenses
incurred
in
6
conducting
an
initial
or
special
referendum
to
establish,
7
continue,
or
terminate
a
state
assessment
for
water
quality
and
8
soil
conservation.
9
Sec.
71.
Section
185.13,
subsection
4,
Code
2017,
is
amended
10
to
read
as
follows:
11
4.
Enter
into
arrangements
for
collection
of
the
state
12
assessment
for
direct
use
and
any
state
assessment
for
water
13
quality
and
soil
conservation
imposed
on
soybeans
marketed
in
14
this
state.
15
Sec.
72.
Section
185.16,
Code
2017,
is
amended
to
read
as
16
follows:
17
185.16
Notice
of
referendum.
18
1.
Notice
of
a
referendum
election
to
initiate
or
extend
a
19
promotional
order
shall
be
given
by
publication
in
a
newspaper
20
of
general
circulation
in
this
state
at
least
ten
days
prior
21
to
the
date
of
the
referendum
and
in
any
other
reasonable
22
manner
as
may
be
determined
by
the
secretary
for
the
initial
23
referendum
and
by
the
board
for
extension
of
the
promotional
24
order.
25
2.
Notice
of
a
special
referendum
to
establish
or
continue
a
26
state
assessment
for
water
quality
and
soil
conservation
shall
27
be
given
in
the
same
manner
as
described
in
subsection
1.
28
Sec.
73.
Section
185.17,
Code
2017,
is
amended
to
read
as
29
follows:
30
185.17
Contents
of
notice.
31
The
A
notice
of
referendum
described
in
section
185.16
shall
32
set
forth
the
period
of
time
for
voting,
voting
places
and
such
33
other
information
as
the
secretary
may
deem
necessary
in
an
34
initial
referendum
or
special
referendum
.
The
board
shall
make
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such
determinations
in
any
subsequent
initial
referendum
or
1
special
referendum
.
2
Sec.
74.
Section
185.18,
Code
2017,
is
amended
to
read
as
3
follows:
4
185.18
Counting.
5
At
the
close
of
a
referendum
voting
period,
the
secretary
6
shall
count
and
tabulate
the
ballots
cast
during
the
referendum
7
period
of
the
initial
referendum
or
special
referendum
.
8
Sec.
75.
Section
185.20,
Code
2017,
is
amended
to
read
as
9
follows:
10
185.20
Producers
only
to
vote.
11
Only
producers
are
eligible
to
vote
in
an
election
for
12
directors
or
a
,
an
initial
referendum
election
,
or
a
special
13
referendum,
and
only
in
the
district
in
which
they
reside.
14
A
producer
shall
sign
an
affidavit
at
the
time
of
voting
15
certifying
the
producer’s
eligibility
to
vote.
Each
qualified
16
producer
shall
be
entitled
to
one
vote.
17
Sec.
76.
Section
185.21,
Code
2017,
is
amended
to
read
as
18
follows:
19
185.21
Assessment
State
assessments
——
rates
.
20
1.
A
state
assessment
which
for
direct
use
that
is
adopted
21
established
upon
the
initiation
of
a
promotional
order
shall
22
be
collected
imposed
during
the
effective
period
of
the
23
promotional
order,
and
shall
be
of
no
force
or
effect
upon
24
termination
of
the
promotional
order.
25
2.
a.
The
state
assessment
for
direct
use
collected
as
part
26
of
a
promotional
order
shall
be
paid
into
the
soybean
promotion
27
fund
established
in
section
185.26
.
28
b.
The
state
assessment
for
water
quality
and
soil
29
conservation
if
established
pursuant
to
section
185.2
or
30
continued
pursuant
to
section
185.25
shall
be
collected
by
the
31
board
and
may
be
deposited
in
a
qualified
financial
institution
32
until
transferred
to
the
water
quality
and
soil
conservation
33
fund
created
in
section
466B.51.
34
3.
The
rate
of
the
state
assessment
for
direct
use
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established
as
part
of
a
promotional
order
shall
be
imposed
as
1
follows:
2
a.
If
the
national
assessment
is
being
collected,
the
rate
3
of
the
state
assessment
for
direct
use
shall
be
one-quarter
of
4
one
percent
of
the
net
market
price
of
the
soybeans
marketed
5
in
this
state.
6
b.
If
the
national
assessment
is
not
being
collected,
the
7
rate
of
the
state
assessment
for
direct
use
shall
be
one-half
8
of
one
percent
of
the
net
market
price
of
soybeans
marketed
in
9
this
state.
10
4.
The
rate
of
the
state
assessment
for
water
quality
and
11
soil
conservation
shall
be
imposed
as
follows:
12
a.
If
the
national
assessment
is
being
collected,
the
rate
13
of
the
state
assessment
for
water
quality
and
soil
conservation
14
shall
equal
the
combined
rate
of
the
state
assessment
for
15
direct
use
and
the
national
assessment
as
described
in
16
subsection
3,
paragraph
“a”
.
17
b.
If
the
national
assessment
is
not
being
collected,
18
the
rate
of
the
state
assessment
for
water
quality
and
soil
19
conservation
shall
be
equal
to
the
rate
of
the
state
assessment
20
for
direct
use
as
described
in
subsection
3,
paragraph
“b”
.
21
Sec.
77.
Section
185.22,
Code
2017,
is
amended
to
read
as
22
follows:
23
185.22
Promotional
order
Invoice
.
24
1.
After
a
promotional
order
has
been
issued,
the
first
25
purchaser
at
the
time
of
payment
for
soybeans
shall
show
the
26
total
amount
of
the
state
assessment
for
direct
use,
and
the
27
state
assessment
for
water
quality
and
soil
conservation,
28
deducted
from
the
sale
on
the
purchase
invoice.
29
2.
The
board
may
require
the
invoice
to
separately
indicate
30
the
amount
withheld
for
the
state
assessment
for
direct
use
and
31
the
state
assessment
for
water
quality
and
soil
conservation.
32
The
invoice
may
correspond
to
any
invoice
required
to
collect
33
the
national
assessment.
34
Sec.
78.
Section
185.23,
Code
2017,
is
amended
to
read
as
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follows:
1
185.23
Deduction
of
assessment.
2
The
state
assessment
for
direct
use
and
any
state
assessment
3
for
water
quality
and
soil
conservation
shall
be
deducted
4
from
the
purchase
price
of
soybeans
at
the
time
of
sale,
and
5
forwarded
to
the
board
by
the
first
purchaser
in
the
manner
and
6
at
intervals
determined
by
the
board.
7
Sec.
79.
Section
185.24,
Code
2017,
is
amended
to
read
as
8
follows:
9
185.24
Termination
of
a
promotional
order.
10
1.
If
a
promotional
order
is
not
extended
as
determined
11
by
a
special
referendum,
the
secretary
and
the
board
shall
12
terminate
the
promotional
order
in
an
orderly
manner
as
soon
13
as
practicable.
The
termination
of
the
promotional
order
14
shall
terminate
the
state
assessment
for
direct
use.
After
15
all
moneys
collected
from
the
state
assessment
for
direct
use
16
are
expended,
the
board
shall
remain
in
existence
as
provided
17
in
its
articles
of
incorporation
or
bylaws.
The
directors
18
shall
no
longer
be
elected
as
required
in
this
chapter
.
The
19
ex
officio
directors
shall
no
longer
serve
on
the
board.
The
20
board
shall
cease
to
administer
this
chapter
,
and
the
board
21
shall
no
longer
carry
out
its
duties
or
exercise
its
powers
22
as
provided
in
this
chapter
.
However,
if
a
future
initial
23
referendum
passes,
the
board
shall
be
reorganized
by
the
24
secretary
and
the
directors
then
serving
on
the
board
shall
be
25
deemed
to
be
the
same
directors
who
served
on
the
board
when
26
the
promotional
order
was
terminated.
The
directors
shall
27
serve
out
their
terms
as
though
there
had
been
no
lapse
of
time
28
between
the
two
effective
orders.
29
2.
The
termination
of
the
promotional
order
shall
terminate
30
the
state
assessment
for
water
quality
and
soil
conservation.
31
The
board
shall
transfer
any
remaining
moneys
collected
from
32
the
state
assessment
for
water
quality
and
soil
conservation
to
33
the
water
quality
and
soil
conservation
fund
created
in
section
34
466B.51.
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Sec.
80.
Section
185.25,
Code
2017,
is
amended
to
read
as
1
follows:
2
185.25
Special
referendum
referendums
——
producer
petition
3
petitions
.
4
1.
Upon
receipt
of
a
petition
described
in
subsection
3,
5
the
secretary
shall
call
a
special
referendum
to
extend
the
6
promotional
order
including
continuing
the
state
assessment
for
7
direct
use
as
part
of
the
promotional
order.
8
2.
a.
Upon
receipt
of
a
petition
described
in
subsection
3,
9
the
secretary
shall
call
a
special
referendum
to
continue
the
10
state
assessment
for
water
quality
and
soil
conservation.
11
b.
The
secretary
shall
include
as
part
of
the
special
12
referendum
conducted
under
subsection
1
a
separate
special
13
question
whether
to
continue
the
state
assessment
for
water
14
quality
and
soil
conservation,
if
the
secretary
determines
the
15
inclusion
of
the
special
question
is
cost-effective
or
the
16
petition
demands
inclusion.
17
3.
The
secretary
shall
call
a
special
referendum
described
18
in
this
section
not
less
than
one
hundred
fifty
nor
more
than
19
two
hundred
forty
days
from
a
four-year
anniversary
of
the
20
effective
date
of
an
initial
promotional
order
upon
receipt
21
of
a
petition,
signed
within
that
same
period
by
a
number
of
22
producers
equal
to
or
greater
than
one
percent
of
the
number
of
23
producers
reported
in
the
most
recent
United
States
census
of
24
agriculture,
requesting
a
the
special
referendum
to
determine
25
whether
to
extend
the
promotional
order
,
and
the
secretary
26
shall
call
a
the
special
referendum
to
be
conducted
not
earlier
27
than
thirty
days
before
the
four-year
anniversary
date.
28
4.
a.
If
the
secretary
determines
that
extension
of
29
the
promotional
order
is
not
favored
by
a
majority
of
the
30
producers
voting
in
the
special
referendum,
the
promotional
31
order
shall
be
terminated
as
provided
in
section
185.24
.
The
32
state
assessment
for
water
quality
and
soil
conservation
if
33
established
shall
also
be
terminated.
If
the
promotional
order
34
is
terminated
under
this
paragraph
,
another
special
referendum
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to
reestablish
the
promotional
order
shall
not
be
held
within
1
conducted
for
at
least
one
hundred
eighty
days
after
the
date
2
that
the
most
recent
special
referendum
was
conducted
.
3
b.
If
the
secretary
determines
that
a
continuance
of
the
4
state
assessment
for
water
quality
and
soil
conservation
is
5
not
favored
by
a
majority
of
the
producers
voting
in
the
6
special
referendum,
the
state
assessment
shall
be
terminated
7
as
provided
in
section
185.24.
If
the
state
assessment
for
8
water
quality
and
soil
conservation
is
terminated
under
this
9
paragraph,
another
special
referendum
establishing
the
state
10
assessment
or
another
special
referendum
that
includes
a
11
separate
special
question
to
establish
the
state
assessment
12
shall
not
be
conducted
for
at
least
one
hundred
eighty
days
13
after
the
date
that
the
last
special
referendum
terminating
the
14
state
assessment
was
conducted.
15
5.
A
succeeding
special
referendum
shall
be
called
by
the
16
secretary
upon
the
petition
of
a
number
of
producers
equal
17
to
or
greater
than
one
percent
of
the
number
of
producers
18
reported
in
the
most
recent
United
States
census
of
agriculture
19
requesting
a
the
special
referendum,
who
shall
guarantee
the
20
costs
of
the
referendum.
21
6.
a.
If
no
valid
petition
is
received
by
the
secretary
22
within
the
time
period
described
above
in
subsection
1
,
or
if
a
23
petition
is
received
but
the
special
referendum
to
extend
the
24
promotional
order
passes,
the
promotional
order
shall
continue
25
in
effect
for
four
additional
years
from
the
anniversary
of
its
26
effective
date.
27
b.
If
no
valid
petition
for
a
special
referendum
to
continue
28
the
state
assessment
for
water
quality
and
soil
conservation
29
is
received
by
the
secretary
within
the
time
period
described
30
in
subsection
3,
the
state
assessment
shall
continue
in
effect
31
for
four
additional
years
from
the
anniversary
of
the
effective
32
date
of
the
promotional
order.
33
Sec.
81.
NEW
SECTION
.
185.25A
National
assessment
——
34
special
referendum
——
change
in
state
assessment
rate
for
water
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quality
and
soil
conservation.
1
1.
If
a
national
assessment
is
imposed
and
upon
receipt
2
of
a
petition
that
otherwise
complies
with
the
requirements
3
of
section
185.25,
the
secretary
shall
conduct
a
special
4
referendum
to
change
the
rate
of
the
state
assessment
for
water
5
quality
and
soil
conservation
to
equal
the
combined
rate
of
the
6
national
assessment
and
the
state
assessment
for
direct
use
7
as
provided
in
section
185.21,
subsection
3,
paragraph
“a”
.
8
The
special
referendum
shall
be
conducted
in
the
same
manner
9
as
a
special
referendum
conducted
pursuant
to
section
185.25.
10
However,
the
special
referendum
may
be
conducted
in
the
same
11
manner
and
in
conjunction
with
a
referendum
to
change
the
rate
12
of
the
national
assessment,
to
the
extent
permitted
by
federal
13
law.
14
2.
If
a
national
assessment
is
not
imposed
and
upon
receipt
15
of
a
petition
that
otherwise
complies
with
the
requirements
16
of
section
185.25,
the
secretary
shall
conduct
a
special
17
referendum
to
change
the
rate
of
the
state
assessment
for
18
water
quality
and
soil
conservation
to
equal
the
rate
of
the
19
state
assessment
for
direct
use
as
provided
in
section
185.21,
20
subsection
3,
paragraph
“b”
.
The
special
referendum
shall
be
21
conducted
in
the
same
manner
as
a
special
referendum
conducted
22
pursuant
to
section
185.25.
23
3.
If
a
special
referendum
or
separate
special
question
24
to
change
the
rate
of
the
state
assessment
for
water
quality
25
and
soil
conservation
does
not
pass,
the
result
of
the
vote
26
shall
not
affect
the
existence
or
period
during
which
the
state
27
assessment
is
in
effect.
28
Sec.
82.
Section
185.26,
Code
2017,
is
amended
to
read
as
29
follows:
30
185.26
Administration
of
moneys.
31
1.
a.
The
Moneys
from
a
state
assessment
for
direct
use
32
imposed
as
part
of
a
promotional
order
and
collected
by
the
33
board
shall
be
deposited
in
a
special
fund
known
as
the
soybean
34
promotion
fund,
in
the
office
of
the
treasurer
of
state.
The
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fund
may
also
contain
include
any
gifts
or
federal
or
state
1
grant
received
by
the
board.
Moneys
The
moneys
collected,
2
deposited
into
the
fund,
and
transferred
to
the
board,
as
3
provided
in
this
chapter
,
shall
be
subject
to
audit
by
the
4
auditor
of
state.
5
b.
The
department
of
administrative
services
shall
6
transfer
moneys
from
the
fund
to
the
board
for
deposit
into
an
7
account
known
as
the
soybean
checkoff
account
which
shall
be
8
established
by
the
board
in
a
qualified
financial
institution.
9
The
department
shall
transfer
the
moneys
into
the
account
as
10
provided
in
a
resolution
adopted
by
the
board.
However,
the
11
department
is
only
required
to
transfer
moneys
once
during
each
12
day
and
only
during
hours
when
the
offices
of
the
state
are
13
open.
14
c.
From
moneys
collected,
deposited,
and
transferred
to
the
15
soybean
checkoff
account
as
provided
in
this
section
,
the
board
16
shall
first
pay
the
costs
of
initial
and
special
referendums,
17
elections,
and
other
expenses
incurred
in
the
administration
of
18
this
chapter
,
before
moneys
may
be
expended
to
carry
out
the
19
purposes
of
the
board
as
provided
in
section
185.11
.
The
board
20
shall
strictly
segregate
moneys
in
the
soybean
checkoff
account
21
from
all
other
moneys
of
the
board.
Moneys
in
the
soybean
22
checkoff
account
shall
be
expended
by
the
board
exclusively
for
23
carrying
out
the
purposes
of
the
board
as
provided
in
section
24
185.11
.
The
account
shall
be
subject
to
audit
by
the
auditor
25
of
state.
26
2.
Moneys
from
a
state
assessment
for
water
quality
and
27
soil
conservation
collected
by
the
board
may
be
deposited
in
28
a
qualified
financial
institution
and
shall
be
transferred
to
29
the
water
quality
and
soil
conservation
fund
created
in
section
30
466B.51.
31
2.
3.
The
fiscal
year
of
the
association
shall
commence
on
32
October
1
and
end
on
September
30.
33
Sec.
83.
Section
185.27,
Code
2017,
is
amended
to
read
as
34
follows:
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185.27
Refund
of
assessment.
1
1.
a.
A
producer
who
has
sold
soybeans
and
had
the
state
2
assessment
for
direct
use
deducted
from
the
sale
price
may,
by
3
application
in
writing
to
the
board,
secure
a
refund
in
the
4
amount
deducted.
The
refund
shall
be
payable
only
when
the
5
application
is
made
to
the
board
within
sixty
days
after
the
6
deduction.
7
b.
A
producer
who
has
sold
soybeans
and
had
the
state
8
assessment
for
water
quality
and
soil
conservation
deducted
9
from
the
sale
price
may,
by
application
in
writing
to
the
10
board,
secure
a
refund
of
the
amount
deducted
payable
by
11
the
division
of
soil
conservation
and
water
quality
of
the
12
department
of
agriculture
and
land
stewardship.
The
board
13
shall
forward
approved
applications
to
the
division
within
14
sixty
days
after
the
deduction.
15
2.
Application
forms
shall
be
given
by
the
board
to
16
each
first
purchaser
when
requested
and
the
first
purchaser
17
shall
make
the
applications
available
to
any
producer.
Each
18
application
for
refund
by
a
producer
shall
have
attached
19
thereto
proof
of
assessment
deducted.
The
proof
of
assessment
20
may
be
in
the
form
of
a
duplicate
or
certified
copy
of
the
21
purchase
invoice
by
the
first
purchaser.
The
board
shall
22
have
thirty
days
from
the
date
the
application
for
refund
is
23
received
to
remit
the
refund
to
the
producer.
The
form
shall
24
allow
the
applicant
to
elect
whether
the
refund
is
for
the
25
state
assessment
for
direct
use
or
for
the
state
assessment
for
26
water
quality
and
soil
conservation
or
both.
The
board
shall
27
not
approve
an
application
unless
the
application
indicates
the
28
election.
29
Sec.
84.
Section
185.28,
Code
2017,
is
amended
to
read
as
30
follows:
31
185.28
Use
of
moneys
——
appropriation.
32
1.
All
moneys
collected,
deposited,
and
transferred
to
the
33
board
as
provided
in
this
chapter
,
are
appropriated
and
shall
34
be
used
for
the
administration
of
this
chapter
by
the
board
and
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for
the
payment
of
claims
by
the
board
based
upon
obligations
1
incurred
in
the
performance
of
board
activities
and
functions
2
provided
in
this
chapter
.
3
2.
Except
as
expressly
provided
in
this
chapter,
moneys
4
collected
from
the
state
assessment
for
water
quality
and
soil
5
conservation
under
this
section
shall
not
be
used
for
any
6
purpose
other
than
to
be
transferred
to
the
water
quality
and
7
soil
conservation
fund
created
in
section
466B.51.
8
Sec.
85.
Section
185.29,
Code
2017,
is
amended
to
read
as
9
follows:
10
185.29
Remission
of
remaining
moneys.
11
1.
After
the
board
has
paid
the
costs
of
elections,
12
referendum,
necessary
board
expenses,
and
administrative
costs,
13
the
remaining
moneys
collected,
deposited
in
the
soybean
14
promotion
fund,
and
transferred
to
the
soybean
checkoff
account
15
as
provided
in
section
185.26
shall
be
expended
by
the
board
as
16
is
necessary
to
carry
out
its
purposes
as
provided
in
section
17
185.11
.
18
2.
Notwithstanding
subsection
1,
moneys
collected
from
a
19
state
assessment
for
water
quality
and
soil
conservation
by
20
the
board
shall
be
transferred
to
the
water
quality
and
soil
21
conservation
fund
created
in
section
466B.51.
22
Sec.
86.
Section
185.33,
Code
2017,
is
amended
to
read
as
23
follows:
24
185.33
Report.
25
The
board
shall
each
year
prepare
and
submit
a
report
26
summarizing
the
activities
of
the
board
under
this
chapter
to
27
the
auditor
of
state
and
the
secretary
of
agriculture
.
The
28
report
shall
show
all
income,
expenses,
and
other
relevant
29
information
concerning
fees
state
assessments
for
direct
use
30
collected
and
expended
under
the
provisions
of
this
chapter
.
31
DIVISION
VIII
32
IOWA
CORN
PROMOTION
BOARD
33
Sec.
87.
Section
185C.1,
subsection
17,
Code
2017,
is
34
amended
to
read
as
follows:
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17.
“State
assessment”
means
a
state
excise
tax
on
each
1
bushel
of
corn
marketed
in
this
state
which
is
imposed
as
part
2
of
a
promotional
order
to
administer
this
chapter
pursuant
to
a
3
state
assessment
for
direct
use
or
a
state
assessment
for
water
4
quality
and
soil
conservation
.
5
Sec.
88.
Section
185C.2,
Code
2017,
is
amended
to
read
as
6
follows:
7
185C.2
Petition
for
election
Referendums
.
8
1.
Upon
receipt
of
a
petition
signed
by
at
least
five
9
hundred
producers
requesting
an
initial
referendum
election
10
to
determine
whether
a
promotional
order
shall
be
placed
in
11
effect,
the
secretary
shall
call
an
initial
referendum
election
12
to
be
conducted
within
sixty
days
following
receipt
of
the
13
petition.
Producers
shall
vote
by
written
ballot
in
the
manner
14
provided
by
this
chapter
for
a
referendum
elections
to
approve
15
the
passage
of
a
promotional
order
.
16
2.
a.
If
a
promotional
order
is
placed
into
effect,
and
17
upon
receipt
of
a
petition
that
otherwise
complies
with
the
18
requirements
of
subsection
1,
the
secretary
shall
conduct
a
19
special
referendum
to
establish
a
state
assessment
for
water
20
quality
and
soil
conservation.
21
b.
Upon
receipt
of
a
petition
that
otherwise
complies
with
22
the
requirements
of
subsection
1,
the
secretary
shall
include
23
as
part
of
the
initial
referendum
a
separate
special
question
24
whether
to
establish
a
state
assessment
for
water
quality
25
and
soil
conservation
as
described
in
this
section,
if
the
26
secretary
determines
the
inclusion
of
the
special
question
is
27
cost-effective
or
the
petition
demands
inclusion.
28
Sec.
89.
Section
185C.3,
Code
2017,
is
amended
to
read
as
29
follows:
30
185C.3
Establishment
of
corn
promotion
board.
31
If
a
majority
of
the
producers
voting
in
the
an
initial
32
referendum
election
conducted
pursuant
to
section
185C.2
33
approve
the
passage
of
the
promotional
order,
an
Iowa
corn
34
promotion
board
shall
be
established.
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Sec.
90.
Section
185C.11,
subsection
1,
Code
2017,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
j.
Cooperate
with
the
division
of
soil
3
conservation
and
water
quality
of
the
department
of
agriculture
4
and
land
stewardship
in
doing
all
of
the
following:
5
(1)
Transferring
moneys
collected
from
the
state
assessment
6
for
water
quality
and
soil
conservation
to
the
water
quality
7
and
soil
conservation
fund
created
in
section
466B.51.
8
(2)
Being
reimbursed
for
reasonable
expenses
incurred
9
in
conducting
an
initial
or
special
referendum
to
establish,
10
continue,
or
terminate
a
state
assessment
for
water
quality
and
11
soil
conservation.
12
Sec.
91.
Section
185C.11A,
Code
2017,
is
amended
by
adding
13
the
following
new
subsection:
14
NEW
SUBSECTION
.
5.
The
board
shall
not
expend
moneys
15
collected
from
the
state
assessment
for
water
quality
and
soil
16
conservation
to
support
the
program.
17
Sec.
92.
Section
185C.15,
Code
2017,
is
amended
to
read
as
18
follows:
19
185C.15
Term
of
promotional
order
——
automatic
extension.
20
A
promotional
order
shall
be
effective
for
four
years
from
21
its
effective
date.
Upon
the
date
that
an
the
promotional
22
order
is
due
to
expire
the
order
shall
automatically
be
23
extended
for
an
additional
four
years
from
the
date
that
the
24
order
or
last
extension
would
otherwise
expire,
except
as
25
provided
in
section
185C.24
.
A
state
assessment
for
water
26
quality
and
soil
conservation
shall
continue
for
the
same
27
period
as
the
promotional
order
unless
the
state
assessment
for
28
water
quality
and
soil
conservation
is
terminated
as
provided
29
in
section
185C.24.
30
Sec.
93.
Section
185C.21,
Code
2017,
is
amended
to
read
as
31
follows:
32
185C.21
State
assessment
assessments
——
rates
.
33
1.
The
board
shall
determine
and
set
the
rate
of
the
state
34
assessment
rate
for
direct
use
as
part
of
the
promotional
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order
.
State
assessments
A
state
assessment
for
direct
use
1
collected
pursuant
to
the
promotional
order
shall
be
paid
2
into
the
corn
promotion
fund
established
in
section
185C.26
.
3
Except
as
provided
in
subsection
2
subsections
2
and
3
,
a
state
4
assessment
shall
not
exceed
one-quarter
of
one
cent
per
bushel
5
upon
corn
marketed
in
this
state.
6
2.
Upon
request
of
the
board,
the
secretary
shall
call
7
a
special
referendum
for
producers
to
vote
on
whether
to
8
authorize
an
increase
in
the
rate
of
the
state
assessment
9
for
direct
use
above
one-quarter
of
one
cent
per
bushel,
10
notwithstanding
subsection
1
.
The
special
referendum
shall
be
11
conducted
as
provided
in
this
chapter
for
referendum
elections
12
referendums
.
However,
the
special
referendum
shall
not
affect
13
the
existence
or
length
of
the
promotional
order
in
effect.
If
14
a
majority
of
the
producers
voting
in
the
special
referendum
15
approve
the
increase,
the
board
may
increase
the
assessment
to
16
the
amount
approved
in
the
special
referendum.
The
board
shall
17
establish
the
effective
date
of
a
rate
change.
However,
the
18
rate
of
a
state
assessment
for
direct
use
shall
not
exceed
a
19
scheduled
maximum
rate
determined
as
follows:
20
a.
Before
September
1,
2014,
one
cent.
21
b.
For
each
marketing
year
of
the
period
beginning
September
22
1,
2014,
and
ending
August
31,
2019,
two
cents.
23
c.
For
each
marketing
year
beginning
on
and
after
September
24
1,
2019,
three
cents.
25
3.
The
rate
of
the
state
assessment
for
water
quality
and
26
soil
conservation
shall
equal
the
rate
of
the
state
assessment
27
for
direct
use
in
effect
on
the
date
that
the
special
28
referendum
establishing
the
state
assessment
for
water
quality
29
and
soil
conservation
is
approved.
30
4.
a.
Upon
request
of
the
board,
the
secretary
shall
31
call
a
special
referendum
for
producers
to
vote
on
whether
to
32
authorize
an
increase
in
the
state
assessment
for
water
quality
33
and
soil
conservation
to
equal
the
same
rate
in
effect
under
34
subsection
2.
The
special
referendum
shall
be
conducted
in
the
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same
manner
as
provided
in
that
subsection.
1
b.
Upon
request
of
the
board,
the
secretary
shall
include
2
as
part
of
the
special
referendum
conducted
under
subsection
3
2
a
separate
special
question
whether
to
increase
the
rate
of
4
the
state
assessment
for
water
quality
and
soil
conservation
5
to
equal
the
rate
of
the
proposed
increased
amount
of
the
6
state
assessment
for
direct
use,
if
the
secretary
determines
7
the
inclusion
of
the
special
question
is
cost-effective
or
the
8
request
demands
inclusion.
9
Sec.
94.
Section
185C.22,
Code
2017,
is
amended
to
read
as
10
follows:
11
185C.22
State
assessment
assessments
on
purchase
invoice.
12
1.
After
a
promotional
order
has
been
issued,
the
first
13
purchaser
at
the
time
of
payment
for
corn
shall
show
the
14
total
amount
of
state
assessment
for
direct
use
and
the
state
15
assessment
for
water
quality
and
soil
conservation
deducted
16
from
the
sale
on
the
purchase
invoice.
17
2.
The
board
may
require
the
invoice
to
separately
indicate
18
the
amount
withheld
for
the
state
assessment
for
direct
use
and
19
the
state
assessment
for
water
quality
and
soil
conservation.
20
The
invoice
may
correspond
to
any
invoice
required
to
collect
21
the
federal
assessment
pursuant
to
section
185C.25A.
22
Sec.
95.
Section
185C.24,
Code
2017,
is
amended
to
read
as
23
follows:
24
185C.24
Cancellation
,
and
suspension
,
and
termination
.
25
1.
The
board
shall
be
suspended
and
board
operations
and
26
terms
of
members
shall
cease
upon
either
of
the
following
27
events:
28
a.
The
state
assessment
for
direct
use
is
terminated
29
pursuant
to
section
185C.25
.
30
b.
The
state
assessment
for
direct
use
is
suspended
pursuant
31
to
section
185C.25A
.
32
2.
However,
notwithstanding
subsection
1
,
the
board
shall
33
continue
to
operate
until
proceeds
remaining
in
the
corn
34
promotion
fund
are
disbursed.
Disbursement
shall
be
made
as
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provided
for
payment
of
moneys
under
section
185C.26
.
1
3.
If
a
state
assessment
for
direct
use
and
the
federal
2
assessment
are
not
imposed,
the
board
shall
continue
to
3
transfer
remaining
moneys
collected
from
the
state
assessment
4
for
water
quality
and
soil
conservation
to
the
water
quality
5
and
soil
conservation
fund
created
in
section
466B.51.
6
3.
4.
The
secretary
shall
order
that
the
board
be
7
reconstituted
upon
either
of
the
following
events:
8
a.
Recommencement
of
the
promotional
order,
pursuant
to
9
section
185C.25
.
10
b.
Termination
of
the
promotional
order’s
suspension,
11
pursuant
to
section
185C.25A
.
12
4.
5.
Until
the
board
is
reconstituted
under
section
13
185C.8
,
the
secretary
has
the
powers
to
perform
the
duties
of
14
the
board
as
provided
in
this
chapter
,
including
the
collection
15
of
the
state
assessment
for
direct
use
at
the
rate
in
effect
16
on
the
date
when
collection
of
the
state
assessment
for
direct
17
use
was
terminated
pursuant
to
section
185C.25
.
However,
the
18
secretary
shall
not
expend
funds
moneys
collected
from
the
19
state
assessment
for
direct
use
.
20
6.
Until
the
board
is
reconstituted,
the
secretary
may
21
collect
the
state
assessment
for
water
quality
and
soil
22
conservation
equal
to
the
rate
when
the
state
assessment
for
23
water
quality
and
soil
conservation
was
terminated.
The
24
secretary
shall
transfer
the
collected
moneys
to
the
water
25
quality
and
soil
conservation
fund
created
in
section
466B.51.
26
Sec.
96.
Section
185C.25,
Code
2017,
is
amended
to
read
as
27
follows:
28
185C.25
Effective
period
of
promotional
order
and
state
29
assessments
——
special
referendums
——
termination.
30
1.
a.
A
state
assessment
for
direct
use
adopted
upon
the
31
initiation
of
a
promotional
order
shall
be
collected
during
the
32
effective
period
of
the
order,
and
shall
have
no
effect
upon
33
termination
of
the
promotional
order.
34
b.
A
state
assessment
for
water
quality
and
soil
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conservation
if
established
shall
be
collected
during
the
1
effective
period
of
the
promotional
order,
and
shall
have
no
2
effect
upon
the
termination
of
the
promotional
order.
However,
3
the
state
assessment
for
water
quality
and
soil
conservation
4
shall
still
be
collected
during
any
period
in
which
a
federal
5
assessment
is
collected,
unless
the
state
assessment
is
6
terminated
under
this
section.
7
2.
Upon
adoption
or
extension
of
the
promotional
order,
the
8
order
shall
be
effective
for
the
period
described
in
section
9
185C.15
unless
the
order
is
terminated
as
provided
in
this
10
section
or
suspended
as
provided
in
section
185C.25A
.
11
2.
3.
The
secretary
shall
call
a
special
referendum
to
12
terminate
the
promotional
order
including
the
state
assessment
13
for
direct
use
imposed
as
part
of
the
promotional
order,
and
14
the
state
assessment
for
water
quality
and
soil
conservation
15
if
established.
16
4.
a.
The
secretary
shall
call,
as
provided
in
subsection
17
5,
a
special
referendum
to
terminate
the
state
assessment
for
18
water
quality
and
soil
conservation
if
established.
19
b.
The
secretary
shall
include
as
part
of
the
special
20
referendum
conducted
under
subsection
3,
a
separate
special
21
question
whether
to
terminate
the
state
assessment
for
water
22
quality
and
soil
conservation,
if
the
secretary
determines
the
23
inclusion
of
the
special
question
is
cost-effective
or
the
24
petition
described
in
subsection
5
demands
inclusion.
25
5.
The
secretary
shall
call
a
special
referendum
under
this
26
section
if
all
the
following
conditions
are
met:
27
a.
The
secretary
receives
a
petition
signed
by
at
least
five
28
percent
of
the
state’s
producers
reported
in
the
most
recent
29
United
States
census
of
agriculture.
30
b.
The
petition
is
signed
by
at
least
five
percent
of
the
31
state’s
producers
residing
in
each
of
five
districts
according
32
to
the
most
recent
United
States
census
of
agriculture.
33
c.
The
secretary
receives
the
petition
not
less
than
one
34
hundred
fifty
days
from
the
date
that
the
order
is
due
to
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expire,
but
receives
the
petition
not
more
than
two
hundred
1
forty
days
before
the
date
that
the
order
is
due
to
expire.
2
3.
6.
a.
The
secretary
shall
conduct
the
election
as
3
provided
for
a
special
referendum
to
terminate
the
promotional
4
order
including
the
state
assessment
for
direct
use
and
the
5
state
assessment
for
water
quality
and
soil
conservation
in
6
the
same
manner
as
an
initial
referendum
conducted
under
this
7
chapter
,
including
sections
185C.16
through
185C.20
.
8
b.
The
secretary
shall
conduct
the
special
referendum
to
9
terminate
the
state
assessment
for
water
quality
and
soil
10
conservation
in
the
same
manner
as
an
initial
referendum
11
conducted
under
this
chapter,
including
sections
185C.16
12
through
185C.20.
13
7.
a.
If
upon
counting
and
tabulating
the
ballots,
the
14
secretary
determines
that
a
majority
of
voting
producers
favor
15
favors
termination
of
the
state
assessment
for
direct
use
,
the
16
secretary,
in
cooperation
with
the
board,
shall
terminate
the
17
state
assessment
for
direct
use
in
an
orderly
manner
as
soon
18
as
practicable.
19
b.
If
upon
counting
and
tabulating
the
ballots,
the
20
secretary
determines
that
a
majority
of
voting
producers
favors
21
termination
of
the
state
assessment
for
water
quality
and
soil
22
conservation,
the
secretary,
in
cooperation
with
the
board,
23
shall
terminate
the
state
assessment
for
water
quality
and
soil
24
conservation
in
an
orderly
manner
as
soon
as
practicable.
25
4.
8.
a.
If
the
a
state
assessment
for
direct
use
is
26
terminated,
another
an
initial
referendum
shall
not
be
held
27
conducted
for
at
least
one
hundred
eighty
days
from
the
date
28
that
the
state
assessment
is
terminated.
29
b.
If
a
state
assessment
for
water
quality
and
soil
30
conservation
is
terminated,
another
special
referendum
or
31
another
special
referendum
which
includes
a
separate
special
32
question
to
establish
a
state
assessment
shall
not
be
conducted
33
for
at
least
one
hundred
eighty
days
from
the
date
that
the
34
state
assessment
is
terminated.
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9.
A
succeeding
special
referendum
to
restore
the
state
1
assessment
for
direct
use
shall
be
called
by
the
secretary
2
upon
receipt
of
a
petition
of
at
least
five
hundred
producers
3
requesting
a
the
special
referendum.
The
petitioners
shall
4
guarantee
the
costs
of
the
succeeding
referendum.
The
5
secretary
shall
conduct
the
election
special
referendum
as
6
provided
for
a
an
initial
referendum
under
this
chapter
7
section
185C.2
not
later
than
one
hundred
fifty
days
after
8
the
secretary
receives
the
petition.
If
a
referendum
held
9
conducted
pursuant
to
this
subsection
is
approved
by
producers,
10
the
promotional
order
shall
commence
no
later
than
two
hundred
11
ten
days
following
the
date
that
the
petition
is
received
by
12
the
secretary.
13
10.
a.
A
succeeding
special
referendum
to
restore
the
state
14
assessment
for
water
quality
and
soil
conservation
shall
be
15
called
by
the
secretary
upon
petition
that
otherwise
complies
16
with
a
petition
to
restore
the
state
assessment
for
direct
use
17
under
subsection
9.
The
secretary
shall
conduct
the
succeeding
18
special
referendum
in
the
same
manner
as
a
succeeding
special
19
referendum
conducted
under
that
subsection.
If
a
special
20
referendum
conducted
pursuant
to
this
paragraph
is
approved
21
by
producers,
the
state
assessment
for
water
quality
and
soil
22
conservation
shall
commence
not
later
than
two
hundred
ten
23
days
following
the
date
that
the
petition
is
received
by
the
24
secretary.
25
b.
Upon
receipt
of
a
petition
that
otherwise
complies
26
with
a
petition
to
restore
the
state
assessment
for
direct
27
use
under
subsection
9,
the
secretary
shall
include
as
part
28
of
the
succeeding
special
referendum
conducted
under
that
29
subsection
a
separate
special
question
whether
to
restore
the
30
state
assessment
for
water
quality
and
soil
conservation,
if
31
the
secretary
determines
the
inclusion
of
the
special
question
32
is
cost-effective
or
the
request
demands
inclusion.
33
Sec.
97.
Section
185C.25A,
Code
2017,
is
amended
to
read
as
34
follows:
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185C.25A
Collection
of
federal
assessment.
1
1.
a.
Prior
to
the
collection
of
the
federal
assessment,
2
the
board
may
approve
the
continued
collection
of
the
state
3
assessment
for
direct
use
as
part
of
the
promotional
order
4
during
the
collection
of
the
federal
assessment.
5
b.
If
a
federal
assessment
is
collected,
the
state
6
assessment
for
water
quality
and
soil
conservation,
if
7
established,
shall
continue
to
be
imposed
until
terminated
8
under
section
185C.25.
9
2.
If
the
collection
of
amount
collected
from
the
state
10
assessment
for
direct
use
would
be
in
addition
to,
and
not
an
11
offset
against,
the
collection
of
amount
collected
from
the
12
federal
assessment,
the
board
shall
suspend
the
collection
13
of
the
state
assessment.
On
the
date
of
the
termination
or
14
suspension
of
the
federal
assessment,
the
promotional
order
15
shall
recommence
and
the
suspension
of
the
state
assessment
for
16
direct
use
shall
terminate.
The
termination
or
suspension
of
17
the
federal
assessment
shall
not
affect
the
state
assessment
18
for
water
quality
and
soil
conservation.
19
Sec.
98.
Section
185C.26,
Code
2017,
is
amended
to
read
as
20
follows:
21
185C.26
Deposit
of
moneys
——
corn
promotion
fund
——
22
administration
of
moneys
.
23
1.
a.
A
Moneys
from
a
state
assessment
for
direct
use
24
imposed
as
part
of
a
promotional
order
and
collected
by
the
25
board
from
a
sale
of
corn
shall
be
deposited
in
the
office
of
26
the
treasurer
of
state
in
a
special
fund
known
as
the
corn
27
promotion
fund.
The
corn
promotion
fund
may
also
include
28
any
gifts,
rents,
royalties,
interest,
license
fees,
or
a
29
federal
or
state
grant
received
by
the
board.
Moneys
The
30
moneys
collected,
deposited
in
the
corn
promotion
fund,
and
31
transferred
to
the
board
as
provided
in
this
chapter
shall
be
32
subject
to
audit
by
the
auditor
of
state.
The
auditor
of
state
33
may
seek
reimbursement
for
the
cost
of
the
audit
from
moneys
34
deposited
in
the
fund
as
provided
in
this
chapter
.
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b.
The
department
of
administrative
services
shall
transfer
1
moneys
from
the
corn
promotion
fund
to
the
board
for
deposit
2
into
an
account
established
by
the
board
in
a
qualified
3
financial
institution.
The
department
shall
transfer
the
4
moneys
as
provided
in
a
resolution
adopted
by
the
board.
5
However,
the
department
is
only
required
to
transfer
moneys
6
once
during
each
day
and
only
during
hours
when
the
offices
of
7
the
state
are
open.
8
c.
From
moneys
collected,
the
board
shall
first
pay
all
9
the
direct
and
indirect
costs
incurred
by
the
secretary
and
10
the
costs
of
initial
and
special
referendums,
elections,
and
11
other
expenses
incurred
in
the
administration
of
this
chapter
,
12
before
moneys
may
be
expended
to
carry
out
the
purposes
of
this
13
chapter
as
provided
in
section
185C.11
.
14
2.
Moneys
from
a
state
assessment
for
water
quality
and
15
soil
conservation
collected
by
the
board
may
be
deposited
in
16
a
qualified
financial
institution
and
shall
be
transferred
to
17
the
water
quality
and
soil
conservation
fund
created
in
section
18
466B.51.
19
Sec.
99.
Section
185C.27,
Code
2017,
is
amended
to
read
as
20
follows:
21
185C.27
Refund
of
assessment
state
assessments
.
22
1.
a.
A
producer
who
has
sold
corn
and
had
a
state
23
assessment
for
direct
use
deducted
from
the
sale
price,
by
24
application
in
writing
to
the
board,
may
secure
a
refund
in
the
25
amount
deducted.
The
refund
shall
be
payable
only
when
the
26
application
shall
have
been
made
to
the
board
within
sixty
days
27
after
the
deduction.
The
board
shall
have
thirty
days
from
the
28
date
the
application
for
refund
is
received
to
remit
the
refund
29
to
the
producer.
30
b.
A
producer
who
has
sold
corn
and
had
the
state
assessment
31
for
water
quality
and
soil
conservation
deducted
from
the
sale
32
price
may,
by
application
in
writing
to
the
board,
secure
33
a
refund
of
the
amount
deducted
payable
by
the
division
of
34
soil
conservation
and
water
quality
of
the
department
of
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agriculture
and
land
stewardship.
The
board
shall
forward
1
approved
applications
to
the
division
within
sixty
days
after
2
the
deduction.
3
2.
Application
forms
shall
be
given
by
the
board
to
4
each
first
purchaser
when
requested
and
the
first
purchaser
5
shall
make
the
applications
available
to
any
producer.
Each
6
application
for
refund
by
a
producer
shall
have
attached
to
7
the
application
proof
of
the
state
assessment
deducted.
The
8
proof
of
state
assessment
may
be
in
the
form
of
a
duplicate
9
or
certified
copy
of
the
purchase
invoice
by
the
first
10
purchaser.
The
board
shall
have
thirty
days
from
the
date
the
11
application
for
refund
is
received
to
remit
the
refund
to
the
12
producer.
The
form
shall
allow
the
applicant
to
elect
whether
13
the
refund
is
for
the
state
assessment
for
direct
use
or
the
14
state
assessment
for
water
quality
and
soil
conservation
or
15
both.
The
board
shall
not
approve
an
application
unless
the
16
application
indicates
the
election.
17
3.
a.
The
board
may
provide
for
refunds
of
a
federal
18
assessment
as
provided
by
federal
law.
Unless
inconsistent
19
with
federal
law,
refunds
shall
be
made
under
section
185C.26
.
20
b.
The
board
may
provide
for
filing
applications
for
a
21
refund
of
the
state
assessment
for
direct
use
and
the
state
22
assessment
for
water
quality
and
soil
conservation
based
on
23
applicable
procedures
for
the
filing
of
applications
for
24
refunds
of
the
federal
assessment.
25
Sec.
100.
Section
185C.29,
subsection
1,
Code
2017,
is
26
amended
to
read
as
follows:
27
1.
After
the
direct
and
indirect
costs
incurred
by
the
28
secretary
and
the
costs
of
elections,
referendums,
necessary
29
board
expenses,
and
administrative
costs
have
been
paid,
at
30
least
seventy-five
percent
of
the
remaining
moneys
from
a
31
state
assessment
for
direct
use
shall
be
deposited
in
the
corn
32
promotion
fund
and
shall
be
used
to
carry
out
the
purposes
of
33
the
board
as
provided
in
section
185C.11
.
34
Sec.
101.
Section
185C.33,
Code
2017,
is
amended
to
read
as
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follows:
1
185C.33
Report.
2
The
board
shall
each
year
prepare
and
submit
a
report
3
summarizing
the
activities
of
the
board
under
this
chapter
to
4
the
auditor
of
state
and
the
secretary
of
agriculture
.
The
5
report
shall
show
all
income,
expenses,
and
other
relevant
6
information
concerning
fees
the
state
assessment
for
direct
use
7
collected
and
expended
under
the
provisions
of
this
chapter
.
8
DIVISION
IX
9
WATER
QUALITY
AND
SOIL
CONSERVATION
FUND
10
Sec.
102.
NEW
SECTION
.
7D.10B
Payment
to
the
water
quality
11
and
soil
conservation
fund.
12
If
moneys
are
not
sufficient
to
reimburse
the
department
of
13
agriculture
and
land
stewardship
or
a
commodity
organization
14
described
in
section
466B.51
for
reasonable
expenses
incurred
15
in
conducting
a
referendum
to
establish,
continue,
or
terminate
16
a
state
assessment
for
water
quality
and
soil
conservation,
the
17
executive
council
may
authorize
as
an
expense
paid
from
the
18
appropriations
addressed
in
section
7D.29
the
payment
of
an
19
amount
to
the
water
quality
and
soil
conservation
fund
created
20
in
section
466B.51.
However,
not
more
than
a
total
of
one
21
hundred
thousand
dollars
shall
be
paid
pursuant
to
this
section
22
to
the
fund
at
any
one
time
to
pay
for
expenses
incurred
in
23
conducting
a
referendum.
24
Sec.
103.
NEW
SECTION
.
466B.51
Water
quality
and
soil
25
conservation
fund.
26
1.
A
water
quality
and
soil
conservation
fund
is
created
27
in
the
state
treasury
under
the
management
and
control
of
28
the
division
of
soil
conservation
and
water
quality
of
the
29
department
of
agriculture
and
land
stewardship.
30
2.
a.
The
fund
is
composed
of
moneys
collected
from
state
31
assessments
for
water
quality
and
soil
conservation
from
all
of
32
the
following
commodity
organizations:
33
(1)
The
Iowa
dairy
industry
commission
as
established
in
34
chapter
179
or
the
Iowa
state
dairy
association
as
recognized
35
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in
that
chapter,
which
shall
transfer
moneys
collected
from
the
1
state
assessment
for
water
quality
and
soil
conservation
as
2
provided
in
that
chapter,
including
section
179.5.
3
(2)
The
Iowa
beef
cattle
producers
association,
including
4
its
executive
committee,
as
established
in
chapter
181
which
5
shall
transfer
the
moneys
to
the
fund
as
provided
in
that
6
chapter,
including
section
181.13.
7
(3)
The
Iowa
sheep
and
wool
promotion
board
established
8
pursuant
to
chapter
182
which
shall
transfer
the
moneys
to
the
9
fund
as
provided
in
that
chapter,
including
section
182.18.
10
(4)
The
Iowa
pork
producers
council
as
established
in
11
chapter
183A,
or
the
Iowa
pork
producers
association
as
12
recognized
in
that
chapter,
which
shall
transfer
the
moneys
to
13
the
fund
as
provided
in
that
chapter,
including
section
183A.7.
14
(5)
The
Iowa
egg
council
as
established
in
chapter
184
15
which
shall
transfer
the
moneys
to
the
fund
as
provided
in
that
16
chapter,
including
section
184.13.
17
(6)
The
Iowa
turkey
marketing
council
as
established
in
18
chapter
184A
which
shall
transfer
the
moneys
to
the
fund
as
19
provided
in
that
chapter,
including
section
184A.4.
20
(7)
The
Iowa
soybean
association
as
recognized
in
chapter
21
185
which
shall
transfer
the
moneys
to
the
fund
as
provided
in
22
that
chapter,
including
section
185.26.
23
(8)
The
Iowa
corn
promotion
board
as
established
in
chapter
24
185C
which
shall
transfer
the
moneys
to
the
fund
as
provided
in
25
that
chapter,
including
section
185C.26.
26
b.
The
fund
may
include
any
other
moneys
available
to
27
and
obtained
or
accepted
by
the
division
from
the
federal
28
government
or
private
sources
for
placement
in
the
fund.
29
3.
Moneys
in
the
fund
shall
be
expended
by
the
division
to
30
support
programs
and
projects
administered
by
the
division
to
31
improve
the
state’s
watersheds
and
surface
waters,
including
32
but
not
limited
to
projects
associated
with
the
water
quality
33
initiative
established
pursuant
to
section
466B.42.
Moneys
34
in
the
fund
shall
also
be
used
to
support
soil
conservation
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and
watershed
protection,
the
installation
of
conservation
1
practices
and
watershed
protection
improvements
as
provided
in
2
chapters
161A,
161C,
461A,
466,
and
466A.
3
4.
The
division
shall
remit
refunds
of
moneys
to
persons
4
who
have
paid
state
assessments
to
a
commodity
organization
as
5
described
in
subsection
2,
if
the
application
for
a
refund
has
6
been
approved
by
the
commodity
organization
and
submitted
to
7
the
division
as
required
by
the
division.
8
5.
The
division
shall
reimburse
the
department
of
9
agriculture
and
land
stewardship
or
a
commodity
organization
10
for
all
reasonable
costs
of
conducting
a
referendum
to
11
determine
if
a
state
assessment
for
water
quality
and
soil
12
conservation
will
be
established,
continued,
or
terminated.
13
The
department
shall
apply
to
the
executive
council
if
14
necessary
to
receive
moneys
required
to
pay
for
reasonable
15
costs
of
conducting
a
referendum
as
provided
in
section
7D.10B.
16
6.
Notwithstanding
section
8.33,
moneys
in
the
fund
shall
17
not
revert.
Notwithstanding
section
12C.7,
subsection
2,
18
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
19
to
the
fund.
20
DIVISION
X
21
ADMINISTRATION
22
Sec.
104.
NAME
CHANGE
TO
REFERENDUM
FOR
DIRECT
USE.
Nothing
23
in
this
Act
requires
the
department
of
agriculture
and
land
24
stewardship
or
a
commodity
organization
described
in
section
25
466B.51,
as
enacted
in
this
Act,
to
conduct
a
referendum
26
because
of
this
Act’s
reference
to
a
referendum
as
a
referendum
27
for
direct
use.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
agricultural
commodity
organizations
32
representing
producers
of
that
commodity
that
are
authorized
33
to
impose
an
excise
tax
or
“assessment”
(and
commonly
34
referred
to
as
a
“checkoff”)
on
the
commodity
when
first
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sold
by
the
producer
to
a
first
purchaser.
The
goal
of
the
1
assessment
is
to
fund
promotional
activities
which
involve
2
market
development,
research,
and
education.
The
commodity
3
organizations
include
the
Iowa
dairy
industry
commission
or
4
Iowa
state
dairy
association
(Code
chapter
179),
Iowa
beef
5
cattle
producers
association
(Code
chapter
181),
Iowa
sheep
and
6
wool
promotion
board
(Code
chapter
182),
Iowa
pork
producers
7
council
or
Iowa
pork
producers
association
(Code
chapter
183A),
8
Iowa
egg
council
(Code
chapter
184),
the
Iowa
turkey
marketing
9
council
(Code
chapter
184A),
the
Iowa
soybean
association
10
(Code
chapter
185),
and
the
Iowa
corn
promotion
board
(Code
11
chapter
185C).
The
bill
requires
a
commodity
organization
to
12
establish
a
separate
state
assessment
for
water
quality
and
13
soil
conservation,
if
approved
by
a
majority
of
its
members
at
14
a
referendum.
The
bill
also
requires
commodity
organizations
15
to
conduct
a
special
referendum
to
increase
the
rate
of
the
16
assessment
for
water
quality
and
soil
conservation
to
equal
17
any
increase
in
the
assessment
for
direct
use
or
national
18
assessment
or
both.
Expenses
associated
with
conducting
a
19
referendum
would
be
paid
from
moneys
deposited
into
the
fund
20
or
by
the
executive
council
if
moneys
in
the
fund
were
not
21
adequate
to
cover
expenses.
The
referendum
would
be
conducted
22
in
the
same
manner
as
an
initial
or
special
referendum
23
conducted
by
the
commodity
organization
under
its
specific
24
Code
chapter.
The
special
assessment
could
be
continued
or
25
terminated
in
the
same
manner
as
the
commodity
organization’s
26
assessment
for
promotional
activities.
The
amount
of
the
27
state
assessment
would
be
the
same
as
the
effective
rate
for
28
the
promotional
assessment
imposed
under
state
or
federal
law.
29
Moneys
from
the
state
assessment
would
be
collected
by
the
30
commodity
organization
and
transferred
to
the
division
of
soil
31
conservation
and
water
quality
of
the
department
of
agriculture
32
and
land
stewardship
for
purposes
of
supporting
existing
water
33
quality
programs
and
projects
or
soil
conservation
programs
34
and
projects.
The
bill
authorizes
the
payment
of
refunds
to
35
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producers
who
were
eligible
to
receive
refunds
from
their
1
commodity
organization
and
for
the
payment
of
expenses
incurred
2
by
conducting
a
referendum
to
impose
the
state
assessment.
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