General Assembly: 81 (2006 Regular GA) - Chapter 1062 - Cooperative associations — conversion


Published: 2006-04-20

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154LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSIONCH. 1061

CH. 1061CH. 1061

CHAPTER 1061

WINE AND BEER COIL CLEANING SERVICES

S.F. 2368

AN ACT concerning alcoholic beverage control relating to manufacturers providing free cleaning services to retailers.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 123.186, Code 2005, is amended to read as follows: 123.186 FEDERAL REGULATIONS ADOPTED AS RULES. 1. The division shall adopt as rules the substance of the federal regulations 27 C.F.R. pt. 6,

27 C.F.R. pt. 8, 27 C.F.R. pt. 10, and 27 C.F.R. pt. 11 as they relate to transactions between wholesalers and retailers. 2. The division shall adopt as rules the substance of 27 C.F.R. § 6.88, to permit a manufac-

turer of alcoholic beverages, wine, or beer, or agent of such manufacturer, to provide to a re- tailerwithout chargewine and beer coil cleaning services, including carbon dioxide filters and other necessary accessories to properly clean the coil and affix carbon dioxide filters. The rules shall provide that themanufacturer shall be responsible for paying the costs of any filters provided.

Approved April 20, 2006

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CH. 1062CH. 1062

CHAPTER 1062

COOPERATIVE ASSOCIATIONS — CONVERSION

S.F. 2378

AN ACT providing for the conversion of cooperative associations, and providing for an effec- tive date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 499.43A, Code 2005, is amended to read as follows: 499.43A EXISTING COOPERATIVES ORGANIZED UNDER CHAPTER 497 OR 498 —

CONVERSION OPTION. 1. As used in this section, “cooperative association” means any of the following: a. An association organized under chapter 497, regardless of whether it is referred to as an

“association”, “company”, “corporation”, “exchange”, “society”, or “union” as provided in that chapter. b. A cooperative association organized under chapter 498, regardless of whether it is re-

ferred to as an “association”, “exchange”, “society”, or “union” as provided in that chapter. 2. A cooperative association organized under chapter 498 may elect to be governed by and

to comply with the provisions of this chapter. The election shall be governed by the following procedures: 1. a. The board of directors andmembersmust adopt a resolution reciting that the coopera-

tive association elects to be governed by and to comply with this chapter. The cooperative as- sociation, to the extent necessary, shall change its name to comply with the provisions of this chapter. The resolution shall be adopted according to the sameprocedures as provided in sec- tion 499.41. Upon the adoption of the resolution, the cooperative association shall execute an

155 LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSION CH. 1063

instrument on forms prescribed by the secretary of state. The instrument must be signed by the president and secretary and verified by one of the officers signing the instrument. The in- strument shall include all of the following: a. (1) The name of the cooperative association, before and after this election. b. (2) A description of each resolution adopted by the cooperative association pursuant to

this section, including the date each resolution was adopted. 2. b. The instrument shall be filed with the secretary of state. The cooperative association

shall amend its articles of incorporation pursuant to section 499.41 to comply with the provi- sions of this chapter. The secretary of state shall not file the instrument unless the cooperative association organized under chapter 497 is in compliance with the provisions of chapter 497 at the time of filing. The secretary of state shall not file the instrument unless the cooperative association organized under chapter 498 is in compliance with the provisions of chapter 498 at the timeof filing. A cooperative association shall file a biennial reportwhich is due pursuant to section 499.49. 3. Upon filing the instrument with the secretary as required in this section, all of the follow-

ing shall apply: a. The cooperative association shall be deemed to be organized under this chapter and the

provisions of this chapter shall apply to the cooperative association. b. The secretary of state shall issue a certificate to the cooperative association acknowledg-

ing that it is deemed to be organized under this chapter. 3. 4. The application of this chapter to the cooperative association does not affect any of the

following: a. For a cooperative association organized under chapter 497, a right accrued or estab-

lished, or liability or penalty incurred, pursuant to chapter 497 prior to the filing of the instru- ment with the secretary of state as required in this section. b. For a cooperative association organized under chapter 498, a right accrued or estab-

lished, or liability or penalty incurred, pursuant to chapter 498, prior to the filing of the instru- ment with the secretary of state as required in this section.

Sec. 2. Section 499.43, Code 2005, is repealed.

Sec. 3. EFFECTIVEDATE. This Act, being deemed of immediate importance, takes effect upon enactment.

Approved April 20, 2006

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CH. 1063CH. 1063

CHAPTER 1063

SOLID WASTE MANAGEMENT — COMBUSTION

S.F. 2381

AN ACT relating to combustion of solid waste with energy recovery.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 455B.301A, subsection 1, paragraph c, Code 2005, is amended to read as follows: c. Other approved techniques of solidwastemanagement including, but not limited to, com-

bustion Combustion with energy recovery,.