General Assembly: 77 (1998 Regular GA) - Chapter 1038 - Iowa egg council — assessment on eggs sold


Published: 1998

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CH.1038 LAWS OF THE SEVENTY-SEVENTH GA, 1998 SESSION

CHAPTER 1038 IOWA EGG COUNCIL - ASSESSMENT ON EGGS SOLD

S.F.2340

42

AN ACT relating to the Iowa egg council and to an assessment on the sale of eggs for support of the council.

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

Section 1. Section 196A.l, SUbsections 3 and 5, Code 1997, are amended to read as follows:

3. "Egg by fJroduet product" means a product produced in whole or in part from eggs or spent fowl.

5. "Market development" means research and edueational programs which are directed toward any of the following:

a. Better and more efficient production, marketing, and utilization of eggs or egg by fJroducts fJrodl:lced for resale products.

b. Better methods, including, but not limited to, fJublic relations and other fJromotion techniflues, for the The maintenance of present markets and fuF the development of new or larger domestic or foreign markets aBEl for the sale of eggs or egg by fJroducts products.

c. Prevention, modification, or elimination of trade barriers which obstruct the free flow of eggs or egg by fJroducts to marlmt products in commerce.

Sec. 2. Section 196A.1, Code 1997, is amended by adding the following new subsection: NEW SUBSECTION. 4A. "Eligible voter" means a producer who is qualified to vote in a

referendum conducted under this chapter according to the requirements of section 196A.4 or 196A.4A.

Sec. 3. Section 196A.4, subsection 3, Code 1997, is amended to read as follows: 3. a. Each producer who signs a statement certifying that the producer is a bona fide

producer shall be an eligible voter under this section. An eligible voter is entitled to cast one vote in each referendum conducted under this section.

b. At the close of the referendum, the secretary shall count and tabulate the ballots cast. ill If a majority of eligible voters fa¥eF approve establishing an Iowa egg council and

imposing an assessment, a council shall be established, and an assessment shall be im- posed commencing not more than sixty days following the referendum as determined by the council and shall continue for a fJeriod of fi't'e years unless eJa:ended as fJro't'ided in seetion 19&P ... 4G until eligible voters voting in a referendum held pursuant to section 196A.4C vote to abolish the council and terminate the imposition of the assessment. ill If a majority of the voters do not fa¥eF approve establishing the council and imposing

the assessment, the council shall not be established and an assessment shall not be im- posed until another referendum is held under this chapter and a majority of the eligible voters approve establishing a council and imposing the assessment. If a referendum should fail, another referendum shall not be held within one hundred eighty days.

Sec. 4. Section 196A.4A, unnumbered paragraph 1, Code 1997, is amended to read as follows:

If afJfJro't'ed by a majority of 't'oters at a referendum as fJro't'ided in this chafJter, an The council shall establish an assessment amount set by the couneil at not more than fi't'e eents for each thirty dozen eggs produced in this state. The assessment shall be imposed on the f! producer at the time of delivery to a purchaser who will shall deduct the assessment from the price paid to the f! producer at the time of sale. The assessment shall not be refundable. The assessment is due to be paid to the council within thirty days following each calendar quarter, as provided by the council.

43 LAWS OF THE SEVENTY-SEVENTH G.A., 1998 SESSION CH.I038

Sec. 5. Section 196A.4C, Code 1997, is amended to read as follows: 196A.4C REFERENDUMS CONDUCTED DURING THE TENURE OF TO ABOLISH THE

COUNCIL AND TERMINATE IMPOSITION OF THE ASSESSMENT. 1. A referendum shall be eaael:letee as falla'lt's: may be called to abolish the council and

terminate the imposition of the assessment. &: A refereael:lm ta eJfteRe the impasitiaa af the assessmeat impasee pl:lrSl:laRt ta seetiaa

196A.4 shall be he Ie every five years iR the year priar ta the expiratiaR af the assessmeat iR feree.:

lr. The secretary shall call, and the department shall conduct, a the referendum upon the department's receipt of a petition whieh is sigaee by at least tweRty preel:leers requesting a refereRel:lm ta eetermiRe 'Nhether ta term iRate the eal:lReil aRe the impasitiaR af the assess meat the referendum. The petition must be signed by at least twenty eligible voters or fifty percent of all eligible voters whichever is greater. In order to be an eligible voter under this section, a producer must have paid an assessment in the year of the referendum. The refer- endum shall be conducted within sixty days following receipt of the petition. The petition- ers shall guarantee payment of the cost of the referendum by providing evidence of financial security as required by the department.

2. The following procedures shall apply to a referendum conducted pursuant to this sec- tion:

a. The department shall give publish a notice of the referendum aa the ql:lestiaa whether ta eaRtiRl:le the eal:lReil aRe the assessmeRt by pl:lblishiRg the Ratiee for a period of not less than five days in at least one newspaper of general circulation in the state. The notice shall state the voting places, period of time for voting, and other information deemed necessary by the department. A referendum shall not be commenced until five days after the last date of publication.

b. Upon signing a statement certifying to the secretary that a persaR the producer is a baaa fiee preel:leer an eligible voter, the persaR a producer is entitled to one vote in each referendum conducted pursuant to this section. The department may conduct the referen- dum by mail. electronic means, or a general meeting of eligible voters. The department shall conduct the referendum and count and tabulate the ballots filed during the referendum within thirty days following the close of the referendum.

(I) If a majority of the total number of preel:leers vatiRg eligible voters who vote in the referendum appra'les approve the continuation of the council and the imposition of the assessment as prav4eee iR the refereRel:lm, the council shall remaiR iR existeaee and the imposition of the assessment shall be leviee continue as provided in this chapter.

(2) If a majority of the total number of preel:leers '1atiRg eligible voters who vote in the referendum held pursuant to this section do not approve continuing the council and the imposition of the assessment as pra'lieee iR the refereRel:lm, the secretary shall terminate the collection of the assessment on the first day of the year for which the referendum was to continue. The secretary shall terminate the activities of the council in an orderly manner as soon as practicable after the determination. An additional referendum may be held as provided in section 196A.4. However, the subsequent referendum shall not be held within one hundred eighty days.

Sec. 6. Section 196A.5, unnumbered paragraph 1, Code 1997, is amended to read as follows:

The Iowa egg council established under this chapter shall be composed of seven preel:leers members. Each eal:lReil member must be a natural person who is a resident of this state and ~ producer or an officer, equity owner, or employee of a producer. A producer shall not be represented more than once on the council. Two persons shall represent large producers, two persons shall represent medium producers, and three persons shall represent small producers. The council shall adopt rules pursuant to chapter 17A establishing classifica- tions for large, medium, and small producers. The following persons or their designees shall serve as ex officio nonvoting members:

CH. 1038 LAWS OF THE SEVENTY-SEVENTH GA., 1998 SESSION 44

Sec. 7. Section 196A.5B, subsections 1 and 3, Code 1997, are amended to read as follows: 1. The council shall appoint a committee to nominate candidates to stand for election to

the council. The council may require that the committee nominate candidates to be ap- pointed by the council to fill a vacancy in a position for the unexpired term of a member. +he committee shall be comprised of fi'tte producers, including the chairperson of the council who shall serve as the chairperson of the nominating committee. The nominating commit tee shall include at least one member of the council whose term is neJet to expire. The committee shall also include at least one producer :who is classified as a large producer, if a member whose term is to eJepire represents large producers; at least one produeer who is classified as a medium producer, if a member whose term is to eJepire represents medium produeers; and at least one producer who is classified as a small producer, if a member , .... hose term is to expire represents small producers.

3. A The council shall provide a notice of an election for members of the council shall be pro¥ided by the eouncil by publieation in a ne'Nspaper of general eirculation in the state and in any other reasonable manner required by the council by any means deemed reasonable by the council. The notice shall include the period of time for voting, voting places, and any other information determined necessary by the council.

Sec. 8. Section 196A.l1, Code 1997, is amended to read as follows: 196A.11 DUTIES OF COUNCIL. The Iowa egg council shall do all of the following: 1. Pro¥ide methods, including, but not limited to public relations and other promotion

teehniques, for the maintenanee of present marlEets. Howe'/er, the council shall not impose any marlEeting order or similar restriction. Promote all of the following:

a. The increased utilization of eggs and egg products. b. Health benefits associated with the consumption of eggs or egg products. £:. Economic benefits associated with the production and processing of eggs or egg prod-

ucts. d. The safe use and consumption of eggs and egg products. 2. Assist in other Provide for market development. 3. Administer elections for members of the council and provide for the appointment of

persons to fill vacancies occurring on the council, as provided in section 196A.5B. The department may assist the council in administering an election, upon request to the secre- tary by the council.

4. Perform all acts necessary any other function the council deems necessary to effectuate carry out the provisions of this chapter.

Sec. 9. Section 196A.12, unnumbered paragraph 1, Code 1997, is amended to read as follows:

The Iowa egg council may do all of the following:

Sec. 10. Section 196A.12, Code 1997, is amended by adding the following new subsec- tion:

NEW SUBSECTION. 5. Receive gifts, rents, royalties, license fees or other moneys for deposit in the Iowa egg fund as provided in section 196A.17.

Sec. 11. Section 196A.13, Code 1997, is amended to read as follows: 196A.13 PROHIBITED ACTIONS. The Iowa egg council shall not do any of the following: 1. Become a dues-paying member of any organization, including but not limited to a firm,

association, or corporation, regardless of whether the organization is public or private. However, upon approval by the council, the council may become a dues-paying member of an organization carrying out a purpose related to the increased consumption and utilization of eggs or egg by products products.

45 LAWS OF THE SEVENTY-SEVENTH G.A., 1998 SESSION CH. 1039

2. Provide direct or indirect financial support to or for the benefit of any other person, except as provided in subsection lor for. However, the council may do any ofthe following:

a. Provide support to an organization carrying out a purpose related to the increased consumption and utilization of eggs or egg products.

b. Execute contracts for services related to research, promotional, or public relations pro grams, or for the carrying out the duties of the council as provided in section 196A.ll. ~ Pay for administrative expenses of the council. 3. Act, directly or indirectly, in any capacity in marketing or making contracts for the

marketing of eggs or egg by products products. 4. Act, directly or indirectly, in any capacity in selling or contracting for the selling of ~ egg products, or egg by product equipment used in the manufacturing of egg products.

5. a. Make any contribution of council moneys, either directly or indirectly, to any politi- cal party or organization or in support of a political candidate for public office, or malre~

b. Make payments to a political candidate including but not limited to a member of Con- gress or the general assembly for honorariums, speeches, or for any other purposes above actual and necessary expenses.

Sec. 12. Section 196A.19, unnumbered paragraph 2, Code 1997, is amended to read as follows:

Moneys collected, deposited in the fund, and transferred to the council as provided in this chapter are subject to audit by the auditor of state. The moneys transferred to the council shall be used by the council first for the payment of collection expenses, second for payment of the costs and expenses arising in connection with conducting referendums, and third feF maFlret development to carry out the duties of the council as provided in section 196A.ll. Moneys remaining after a the council is abolished and the imposition of an assessment is terminated pursuant to a referendum is held when a majority of the voters de not favQr extending the assessment conducted pursuant to section 196A.4C shall continue to be ex- pended in accordance with this chapter until exhausted.

Sec. 13. TRANSFER. The Code editor shall transfer chapter 196A to or near chapter 184 and shall renumber the chapter's sections to enhance the chapter's readability.

Sec. 14. Section 196A.25, Code 1997, is repealed.

Approved April 1 , 1998

CHAPTER 1039 STATE EMPLOYEE DEFERRED COMPENSATION TRUST FUND

S.F.2350

AN ACT establishing a state employee deferred compensation trust fund.

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

Section 1. NEW SECTION. 19A.12C IOWA STATE EMPLOYEE DEFERRED COM- PENSATION TRUST FUND.

1. There is hereby created in the office of the treasurer of state a special fund, separate and apart from all other public moneys or funds of this state, to be known as the "Iowa State Employee Deferred Compensation Trust Fund", hereafter called the "fund". The fund shall consist of all moneys deposited in the fund pursuant to this section, any other assets that