General Assembly: 75 (1994 Regular GA) - Chapter 1146 - Agricultural commodity organizations


Published: 1994-05-02

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325 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION

CHAPTER 1146 AGRICULTURAL COMMODITY ORGANIZATIONS

H.F. 2428

CH. 1146

AN ACT relating to agricultural commodity organizations, by providing for their administra- tion, the collection, deposit, and transfer of moneys, and assessments.

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

Section 1. Section 179.1, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. 7 A. "Qualified financial institution" means a bank, credit union, or

savings and loan as defined in section 12C.1.

Sec. 2. Section 179.5, subsection 3, Code 1993, is amended to read as follows: 3. All taxes levied and imposed under this chapter and other contributions made to the dairy

industry commission, shall be paid to and collected by the commission within thirty days after the end of the month during which the milk was marketed. The commission shall remit the taxes and other contributions to the treasurer of the state each quarter, and at the same time render to the director of revenue and finance an itemized and verified report showing the source from which the taxes and voluntary contributions were obtained. All taxes and voluntary con- tributions received, collected and remitted shall be placed in a special fund by the treasurer of state and the director of revenue and finance, to be known as the "Dairy Industry Fund" to be used by the Iowa dairy industry commission for the purposes set out in this chapter and to administer and enforce the laws relative to this chapter. F'ufids The department of revenue and finance shall transfer moneys from the fund to the commission for deposit into an account established by the commission in !! qualified financial institution. The department shall trans- fer the moneys as provided !E.!! resolution adopted by the commission. However, the depart- ment ~ only required to transfer moneys once during each day and only during hours when the offices Qf the state are open. Moneys deposited in the claWy- iadl:lstry fund and transferred to the commission as provided in this section are appropriated and shall be used for the pur- pose of carrying out the provisions of this chapter.

Sec. 3. Section 179.8, Code 1993, is amended to read as follows: 179.8 PAYMENT OF EXPENSES - LIMITATION. No part of the expense incurred by the commission shall be paid out of lHly- Rmds moneys

in the state treasury except said moneys transferred to the commission from the dairy indus- try fund whleft shall be 5-I:Ib;jeet- at all times te the '.varraat ef the direeter ef reveal:le and fiaaaee, ffi.awft up6ft wflttea re(j:l:lisitiea ef the ehairpersea ef the eemmissiea and attested By the seere- iaPy-: Moneys transferred from the fund to the commission, as provided in section 179.5, shall be used for the payment of all salaries, and other expenses necessary, to carry out the provi- sions of this chapter,lmt. However, in no event shall the total expenses therefer exceed the total taxes collected and depesited te the ePeffit- ef said transferred from the fund to the com- mission.

No more than five percent of the excise tax collected and received by the commission pur- suant to section 179.5 shall be utilized for administrative expenses of the commission.

Sec. 4. Section 179.10, Code 1993, is amended by striking the section and inserting in lieu thereof the following:

179.10 REPORT. The commission shall each year prepare and submit a report summarizing the activities of

the commission under this chapter to the auditor of state and the secretary of agriculture. The report shall show all income, expenses, and other relevant information concerning fees col- lected and expended under this chapter.

Sec. 5. Section 181.2, subsection 7, Code 1993, is amended to read as follows:

CH. 1146 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 326

7. Make Prepare an annual report of the proceedings and expenditures te the seeretary ef agriel:lltl:lre as provided !.!! section 181.18B.

Sec. 6. Section 181.6, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. 4. "Qualified financial institution" means a bank, credit union, or sav-

ings and loan as defined in section 12C.1.

Sec. 7. Section 181.13, Code 1993, is amended to read as follows: 181.13 F-Y-Nl) ADMINISTRATION OF MONEYS. All excise taxes imposed and levied under this chapter shall be paid to and collected by the

executive committee and deposited with the treasurer of state in a separate cattle and veal calf fund which is fiereby shall be created by the treasurer of state. The department of revenue and finance shall transfer moneys from the fund to the executive committee for deposit into an account established by the executive committee!.!! !! qualified financial institution. The department shall transfer the moneys as provided!.!! !! resolution adopted by the executive committee. However, the department ~ only required to transfer moneys once during each day and only during hours when the offices of the state are open. From the moneys collected, deposited, and transferred to the executive committee, in accordance with the provisions of this chapter, the executive committee shall first pay the costs of referendums held pursuant hePete to this chapter; the costs of collection of such excise tax, the expenses of its agents and expenses of officers provided for in section 181.5. Except as otherwise provided in sec- tion 181.19, at least thirty percent of the Hmds remaining thereafter remaining moneys shall be remitted to the national livestock and meat board and the beef industry council thereef, and at least ten percent of the remaining funds shall be remitted to the Iowa beef cattle producers association in Stteh proportions as the determined by the executive committee may determine, for use by- them in a manner not inconsistent with section 181.7. The remaining moneys reeeived, with approval of a majority of the executive committee, shall be expended as fmmd the executive committee finds necessary to carry out the provisions and purposes of this chapter. 'I%e eat-tle aM- veal eali fuOO sh-all be sti-bjeet- at- a-ll iime£ te warrants by- the direetor eJ' revenl:le aM- finanee, dfflwn l:I-p6ft the written reql:lisition ef the ehairperson ef the exeel:lti'le eommittee aM- attested te by- its seeretary, f& the payment eJ' a-ll eJ(penditl:lres ef the eommittee, wffieh- shall, at- ft6 time, exeeed the amol:lnt deposited te the eredit eJ' Stteh fuftd.. However, in no event shall the total expenses exceed the total amount transferred from the fund for use by the executive committee.

All moneys deposited in the cattle and veal calf fund and transferred to the executive com- mittee pursuant to this section are appropriated and shall be used for the administration of this chapter and for the payment of claims based upon obligations incurred in the performance of activities and functions set forth in this chapter.

Sec. 8. Section 181.16, Code 1993, is amended to read as follows: 181.16 MONEYS REMAINING IN FUND. If any extension referendum fails to carry, moneys remaining in the cattle and veal calf fund

or transferred to the executive committee, shall continue to be transferred and expended in accordance with the provisions of this chapter until exhausted.

Sec. 9. NEW SECTION. 181.18B REPORT. The executive committee shall each year prepare and submit a report summarizing the activi-

ties of the executive committee under this chapter to the auditor of state and the secretary of agriculture. The report shall show all income, expenses, and other relevant information con- cerning fees collected and expended under this chapter.

Sec. 10. Section 183A.1, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. 9. "Qualified financial institution" means a bank, credit union, or sav-

ings and loan as defined in section 12C.1.

327 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION

Sec. 11. Section 183A.7, Code 1993, is amended to read as follows: 183A.7 Ji'.YNI) ADMINISTRATION OF MONEYS.

CH. 1146

Assessments imposed under this chapter paid to and collected by the Iowa pork producers council shall be deposited in the pork promotion fund which is established in the office of the treasurer of state. The department Q! revenue and finance shall transfer moneys from the fund to the council for deposit into an account established by the council!!!!! qualified financial institution. The department shall transfer the moneys as provided!!! !! resolution adopted by the council. However, the department ~ only required to transfer moneys once during each day and only during hours when the offices of the state are open.

All moneys deposited in the pork promotion fund and transferred to the council as provided in this section are appropriated and shall be used for the administration of this chapter and for the payment of claims based upon obligations incurred in the performance of activities and functions set forth in this chapter.

From the moneys collected, deposited, and transferred to the council as provided in this chapter, the council shall first pay the costs of referendums held pursuant to this chapter. Of the ft:m6s. moneys remaining! at least ten percent shall be remitted to the national livestock and meat board and the pork industry group! thereof, at least twenty-five percent shall be remitted to the national pork producers council,! and at least fifteen percent shall be remitted to the Iowa pork producers association! in the proportion the committee determines, for use by recipients in a manner not inconsistent with market development as defined in section 183A.1. Moneys remaining ifl the fuOO shall be spent as found necessary by the council to fur- ther carry out the provisions and purposes of this chapter.

'f.he perk promotion fuOO shall be Sl:lb;jeet at all times to warrants by the direetor of revenue aDd finanee, drawfl upeB the written requisition of the eh-aiF of the effilBcil attested to by ~ seeretary, fer payment of expenditures of the eeuflcil, whleh- shall,- at DO time, exeeed the amount deposited ifl the Rmfu However,!!! no event shall the total expenses exceed the total amount Q! moneys transferred from the fund for use by the council.

Sec. 12. Section 183A.11, Code 1993, is amended to read as follows: 183A.11 AUDIT. Moneys collected! UfHIep authority of deposited in the fund, and transferred to the council,

as provided in this chapter shall be supervised by a certified public accountant employed by the council using generally accepted accounting principles and shall be subject to audit by the auditor of state.

Sec. 13. NEW SECTION. 183A.12A REPORT. The council shall prepare and submit a report summarizing the activities of the council under

this chapter each year to the auditor of state and the secretary of agriculture. The report shall show all income, expenses, and other relevant information concerning fees collected and expended under the provisions of this chapter.

Sec. 14. Section 184A.1, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. 4A. "Qualified financial institution" means a bank, credit union, or

savings and loan as defined in section 12C.1.

Sec. 15. Section 184A.4, Code 1993, is amended to read as follows: 184AA DEPOSIT QF- FEE ADMINISTRATION OF MONEYS. The fee imposed by this chapter shall be paid by the processor to the Iowa turkey market-

ing council. Amounts collected from the fees shall be deposited with the treasurer of state in a separate special fund to be known as the "Iowa turkey account". The department Q! revenue and finance shall transfer moneys from the fund to the council for deposit into an account estab- lished !!I the council in !! qualified financial institution. The department shall transfer the moneys as provided in !! resolution adopted by the council. However, the department ~ only required to transfer moneys once during each day and only during hours when the offices of the state are open.

CH. 1146 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION

Sec. 16. Section 184A.6, Code 1993, is amended to read as follows: 184A.6 USE OF FUNDS MONEYS.

328

After payment of expenses, in accordance with section 184A.9 all meaeys ift the fflwa Wr-- key- aeeel:lat the council may be 1:I-SeG by the fflwa ttwkey marketiag e6-l:Hlcil use moneys trans- ferred to the council as provided in this chapter which are appropriated and shall be used for the administration Q! this chapter, and for payment of claims based upon obligations incurred in market development on behalf of the turkey industry and 5-1:Ie.ft meaeys are hereby apprepri ated tar- 5-1:Ie.ft p l:Irp es e s.

Sec. 17. Section 184A.9, Code 1993, is amended to read as follows: 184A.9 AUDIT. Moneys collected 1:I-llde¥ al:ltherity sf! deposited in the fund, and transferred to the council,

as provided in this chapter shall be subject to audit by the auditor of state and: The moneys shall be used by the council first for the payment of collection expenses and for payment of the costs and expenses arising in connection with conducting any required referendums, and secondly by the turkey marketing council for market development.

Sec. 18. Section 184A.17, Code 1993, is amended by striking the section and inserting in lieu thereof the following:

184A.17 REPORT. The council shall prepare and submit a report summarizing the activities of the council under

this chapter each year to the auditor of state and the secretary of agriculture. The report shall show all income, expenses, and other relevant information concerning fees collected and expended under the provisions of this chapter.

Sec. 19. Section 185.1, subsections 6 and 11, Code 1993, are amended to read as follows: 6. "Market development" means to engage in research and educational programs directed

toward better and more efficient production and utilization of soybeans; to provide methods and means, including but not limited to, public relations and other promotion techniques for the maintenance of present markets; to provide for the development of new or larger domes- tic and foreign markets; and to provide for the prevention, modification, or elimination of trade barriers which obstruct the free flow of soybeans.

11. "Sale" or "purchase" includes but is not limited to the pledge or other encumbrance of soybeans as security for a loan extended under a federal price support loan program. Aet-ttal Sale and actual delivery of the soybeans under the federal price support loan program occurs when the soybeans are pledged 6l' etheF'o'lise eael:lmaered te seeure the i6an marketed follow- i!!g redemption by the producer or when the soybeans are forfeited in lieu of loan repay- ment. 'f.fle g the soybeans are forfeited in lieu of repayment, the purchase price of the soy- beans is the principal amount of the loan extended and the pl:lrehase Hweiee tar- the seyaeaas is the deel:lmeatatiea reql:lired tar- exteasiea sf the i6an assessment shall be collected at the time of loan settlement.

Sec. 20. Section 185.1, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. lOA. "Qualified financial institution" means a bank, credit union, or

savings and loan as defined in section 12C.1.

Sec. 21. Section 185.10, Code 1993, is amended to read as follows: 185.10 EX OFFICIO MEMBERS. The secretary, the dean of the college of agriculture of Iowa State University of science

and technology, and the director of the Iowa department of economic development, or their designees, and two representatives of first purchaser organizations appointed by the board shall serve on the board as nonvoting ex officio members. 'f.fle fflwa gpaiR and ked asseeiatiea and agri iadl:lstries shall eaeh aemiaate tw6 mst- pl:lrehaser represeatatives, and the beard shall appeiat 6fte first pl:lrehaser represeatative Hem eaeh set at aemiaatieas 6l' aaether first ptH'- ehaseI' at its eft6iee as the HPsi pl:lrehaser represeatatives 6ft the 00aNh

329 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1146

Sec. 22. Section 185.13, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. 5. Periodically review or evaluate each program conducted pursuant

to this chapter to ensure that the program contributes to one of the purposes of the board.

Sec. 23. Section 185.21, Code 1993, is amended to read as follows: 185.21 ASSESSMENT. An assessment adopted upon the initiation of !! promotional order shall be collected during

the effective period of the promotional order, and shall be of no force or effect upon termina- tion of the promotional order.

The board shall determine and set the assessment rate. Assessments pursuant to the promo- tional order shall be paid into the soybean promotion fund established in section 185.26. An assessment shall not exceed 6Be eeftt peP bushel ttp&ft one-quarter Qf one percent of the net market price Qf the soybeans marketed in this state and sold to a first purchaser. The net market price ~ the sales price received by !! producer for soybeans after adjustments for any premium or discount based on grading or quality factors. The rate of assessment shall be deter- mined by the board bttt shall net be ehaagea, 6Bee establishea, ffiffiHg a maFlwtiag yeaF. The board shall determine the effective date of !! rate change.

Sec. 24. Section 185.24, Code 1993, is amended to read as follows: 185.24 Cf.NCELLATION TERMINATION OF A PROMOTIONAL ORDER. If a promotional order has beeR- eaaeelea ~ not extended as determined by a referendum,

aM the secretary and the board shall terminate the promotional order in an orderly manner as soon as practicable. After all funds are expended, the board shall cease to function. Any funds remaining one year following the termination of a promotional order shall be disbursed by the board to the Iowa Soybean Association. However, if a future referendum passes, the board shall be reorganized by the secretary and members shall serve out their terms as though there had been no lapse of time between effective orders.

Sec. 25. Section 185.25, Code 1993, is amended to read as follows: 185.25 EFFECTIVE PERIOD GF PROMOTION,A.L ORDER SPECIAL REFERENDUM -

PRODUCER PETITION. Aft assessmeat aaeptea ttp&ft the iaitiatiea &f a pFemetieaal epEIff shall be eelleetea ffiffiHg

the effeetive peFied ef a pFemetieaal eFEIeF, aM shall be ef ft6 ~ Of' effeet ttp&ft teFmiaatiea &f a pFemetieaal6f'tie.F. Ypeft aaeptiea ef aft iHitial pFemetieaal eFdeP, that pFemetieaal epEIff shall be effeetive fep feW' yeaFS fFem its effeetive date aM shall be eitheP exteaaeaOf' teFmi- Dated as pFeviaea iH this seetiea.

Upon receipt of a petition not less than one hundred fifty nor more than two hundred forty days from a four-year anniversary of the effective date of an initial promotional order signed within that same period by a number of producers equal to or greater than one percent of the number of producers reported in the most recent United States census of agriculture, requesting a referendum to determine whether to extend the assessmeat promotional order, the secretary shall call a referendum to be conducted not earlier than thirty days before the four-year anniversary date. If the secretary determines that extension of the assessmeat promo- tional order is not favored by a majority of the producers voting in the referendum, the seePe- taPy aM the beaFd shall teFmiaate the assessmeat iH aft 6F-EIePly- maaaeF as SOOft as pFaetieable aftep the aeteFmiaatiea promotional order shall be terminated as provided in section 185.24. If the assessmeat promotional order is terminated, another referendum shall not be held within one hundred eighty days. A succeeding referendum shall be called by the secretary upon the petition of a number of producers equal to or greater than one percent of the number of producers reported in the most recent United States census of agriculture requesting a referen- dum, who shall guarantee the costs of the referendum.

If no valid petition is received by the secretary within the time period described above, or if a petition is received but the referendum to extend the assessmeat promotional order passes, the promotional order shall continue in effect for four additional years from the anniversary of its effective date aeseFibea aOOve.

CH. 1146 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 330

Sec. 26. NEW SECTION. 185.25A SPECIAL REFERENDUM - REQUEST BY THE BOARD.

1. If the assessment rate approved by producers in the most recent referendum election conducted pursuant to this chapter is less than the maximum rate established in section 185.21, the board may request the secretary to call a special referendum at any time prior to the expi- ration of the promotional order. The referendum shall be conducted as provided in this chap- ter for referendum elections.

2. Producers shall vote on the question, as determined by the board, of whether to autho- rize an increase in the assessment rate or whether to authorize an extension of the promo- tional order and an increase of the assessment rate. The assessment rate shall not exceed the rate established in section 185.21.

a. If the secretary determines that the question of whether to authorize an increase in the assessment rate is approved in the special referendum, the rate of assessment shall be changed as provided in section 185.21.

b. If the secretary determines that the question of whether to extend the promotional order at the increased assessment rate is approved in the special referendum, the promotional order shall continue in effect for four additional years from the anniversary of its effective date, and the rate of assessment shall be changed as provided in section 185.21. If the secretary deter- mines that the question has not been approved, the promotional order shall be terminated as provided in section 185.24.

Sec. 27. Section 185.26, Code 1993, is amended to read as follows: 185.26 DEPOSIT GF FUNDS ADMINISTRATION OF MONEYS. Assessments collected by the board from a sale of soybeans shall be deposited in ~ special

fund known as the soybean promotion fund, in the office of the treasurer of state tegether wft.ft. The fund may also contain any gifts, or any federal or state grant as may be received by the board, aDd plaeed in a speeial ftt-OO toe be lHwwft as tfle seybean premetien ftt-OO. Moneys collected, deposited into the fund, and transferred to the board, as provided iJ:l this chapter, shall be subject to audit by the auditor of state. The department of revenue and finance shall transfer moneys from the fund to the board for deposit into an account established by the board in ~ qualified financial institution. The department ~hall transfer the moneys as provided iJ:l ~ resolution adopted by the board. However, the department is only required to transfer moneys once during each day and only during hours when the offices Q! the state are open. From moneys collected, deposited and transferred to the board as provided in this section, the board shall first pay the costs of referendums, elections and other expenses incurred in the administra- tion of this chapter, aDd thereafter before moneys may be expended for the purpose of market development. ~ ftt-OO shall be s-ubjecl at all times toe warrants By- tfle direeter at revenue aDd finanee, drawn IIp(ffi tfle written requisitien et tfle ehairpersen at tfle beard aDd attested toe By- tfle seeretary et tfle beaFd.

Sec. 28. Section 185.28, Code 1993, is amended to read as follows: 185.28 ,A.PPROPRIiWION USE OF MONEYS. All moneys depesited in tfle seybean premetien ftt-OO collected, deposited, and transferred

to the board as provided in this chapter, are appropriated and shall ~ used for the adminis- tration of this chapter by the board and for the payment of claims by the board based upon obligations incurred in the Performance of board activities and functions set f&tft provided in this chapter.

Sec. 29. Section 185.29, Code 1993, is amended to read as follows: 185.29 REMISSION OF EXCESS FUNDS. After the board has paid the costs of elections, referendum, necessary board expenses and

administrative costs have been paid, at least seventy-five percent of the remaining ftt.OOs in tfle seybean premetien ftt-OO moneys collected, deposited iJ:l the fund, and transferred to the board as provided in this chapter, shall be expended by the board for market development activities toe iBcluOO, including developing and expanding new markets for soybeans and

331 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1146

soybean products worldwide. The fuftds. eaR moneys shall only be used for research, promo- tion, and education in co-operation with qualified agencies wOO are cquippcd W de this kffid af W6l'k.

Sec. 30. Section 185.30, Code 1993, is amended to rcad as follows: 185.30 BOND. Every person occupying a position of trust under any provisions of this chapter shall gi-v-e

provide ~ bond in sucll an amount as m-ay be required by the board. the. The premium for wffie.h the bond shall be paid out of moneys transferred from the soybean promotion fund to the board pursuant to section 185.26.

Sec. 31. Section 185.33, Code 1993, is amended by striking the section and inserting in licu thereof the following:

185.33 REPORT. The board shall each year prepare and submit a report summarizing the activities of the

board undcr this chapter to the auditor of state and the secretary of agriculture. The report shall show all income, expenscs, and other relcvant information concerning fees collected and expended undcr the provisions of this chaptcr.

Sec. 32. Section 185C.1, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. 12A. "Qualified financial institution" means a bank, credit union, or

savings and loan as defined in section 12C.1.

Sec. 33. Section 185C.1, subsection 13, Codc 1993, is amended to read as follows: 13. "Sale" or "purchasc" ineludcs but is Bet limited W may, to the extent determined by

the board, include thc plcdge or othcr encumbrance of corn as security for a loan extended under a federal pricc support loan program. Actual dclivery of the corn occurs when the corn is pledged or otherwise encumbered to secure the loan. The purchase price of the corn is the principal amount of the loan extend cd and the purchasc invoice for the corn is the documenta- tion required for cxtension of the loan.

Sec. 34. Section 185C.10, Code 1993, is amended to read as follows: 185C.10 EX OFFICIO MEMBERS. The secretary, the dean of the college of agriculturc of Iowa State University of science

and technology, and the dircctor of the Iowa department of cconomic development, or their designees, and two representatives of first purchaser organizations appointed by the board shall serve on the board as ex officio members. ~ Wwa gPaffl- frftd feed assoeiation frftd a-gfl- industrics shall- eaeft nominatc two first purehaser rcprcsentativcs, frftd the beal'd shall- appoint ORe fffs.t purehascr reprcscntativc H6m eaeh se-t af nominations Of' another fffs.t purehascr of its- eheiee as the fffs.t purehascr rcprcsentativcs 6ft the beaM.

Sec. 35. Section 185C.21, Code 1993, is amended to read as follows: 185C.21 STATE ASSESSMENT. 1. The board shall determine and sct the statc asscssment rate. State assessments collected

pursuant to the promotional order shall be paid into the corn promotion fund established in section 185C.26. Except as provided in subsection 2, a state assessment shall not cxceed one- quarter of one cent per bushel upon corn marketed in this state. ~ Pftte af the state assess- ment shall- be dctcrmincd by the beal'd but shall- Bet be ehangcd, 0fteC cstablished, d-ufiftg a- markcting yelH'o Howcvcr, a- heard wffie.h has heeD rceonstitutcd pursuant w seetMm lS6G.8 m-ay efta-flge the Pftte af the state asscssmcnt ift the mariteting year ift wffie.h the heard is reeeB- stitutcd. The board shall establish the effective date ~ ~ rate change.

2. Upon request of the board, the secretary shall call a special referendum for producers to vote on whether to authorize an increase in the state assessment above one-quarter of one cent per bushel, notwithstanding subsection 1. The special rcferendum shall be conducted as provided in this chapter for referendum elections. However, thc special referendum shall not affect the existcnce or length of the promotional order in effect. If a majority of the producers

CH. 1146 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 332

voting in the special referendum approve the increase, the board, at- the eBd ef the maFlEeting yeaP-;- may increase the assessment to the amount approved in the special referendum. However a state assessment shall not exceed one-half of one cent per bushel of corn marketed in this state.

Sec. 36. Section 185C.26, Code 1993, is amended to read as follows: 185C.26 DEPOSIT OF MONEYS. State assessments collected by the board from a sale of corn shall be deposited in the office

of the treasurer of state tegetheF with in ~ special fund known as the corn promotion fund. The fund may include any gifts, or aBY federal or state grant as may- be received by the board, and t»aeed in a special fuBd te be knewn as the eeffi pFemetien fuOO. Moneys collected! deposited in the fund, and transferred to the board as provided in this chapter, shall be subject to audit by the auditor of state. The department of revenue and finance shal! transfer moneys from the fund to the board for deposit into an account established by the board in ~ qualified finan- cial institution. The'department shall transfer the moneys as provided in ~ resolution adopted by the board. However, the department is only required to transfer moneys once during each day and only during hours when the offices of the state are open. From moneys collected, the board shall first pay all the direct and indirect costs incurred by the secretary and the costs of referendums, elections, and other expenses incurred in the administration of this chapter, and theFeafteF before moneys may be expended for the purpose of market development. 'fhe fu.nd shall be sttb;jeet at- all times te waFFants by- the eiFeeteF ef Fe'/enue aDd finanee, tWawn- up6ft the 'mitten Fe(,}uisitien ef the ehaiFpeFsen ef the boaFd and attestee te by- the seeFetaFY ef the beaPfh

Sec. 37. Section 185C.28, Code 1993, is amended to read as follows: 185C.28 f.PPROPRU.TION USE OF MONEYS. Moneys deposited in the corn promotion fund and transferred to the board as provided in

section 185C.26, including federal moneys to the extent permitted by federal law, are appropri- ated and shall be used for the administration of this chapter and for the payment of claims based upon obligations incurred in the performance of activities and functions set ffiFth provided in this chapter.

Sec. 38. Section 185C.33, Code 1993, is amended by striking the section and inserting in lieu thereof the following:

185C.33 REPORT. The board shall each year prepare and submit a report summarizing the activities of the

board under this chapter to the auditor of state and the secretary of agriculture. The report shall show all income, expenses, and other relevant information concerning fees collected and expended under the provisions of this chapter.

Sec. 39. Section 196A.1, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. 9. "Qualified financial institution" means a bank, credit union, or sav-

ings and loan as defined in section 12C.1.

Sec. 40. Section 196A.17, Code 1993, is amended to read as follows: 196A.17 EGG FUND ADMINISTRATION OF MONEYS. Subject to the provisions of section 196A.15, the tax imposed by this chapter shall be remit-

ted by the purchaser to the Iowa egg council not later than thirty days following each calen- dar quarter during which the tax was collected. Amounts collected from the tax shall be deposited in the office of the treasurer of state in a separate fund to be known as the Iowa egg fund. The department of revenue and finance shall transfer moneys from the fund to the council for deposit into an account established by the council i.!! ~ qualified financial institu- tion. The department shall transfer the moneys as provided in ~ resolution adopted by the council. However, the department ~ only required to transfer moneys once during each day and only during hours when the offices of the state are open.

333 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION

Sec. 41. Section 196A.19, Code 1993, is amended to read as follows: 196A.19 USE OF EGG FtJNI) MONEYS; AUDIT.

CH. 1146

All moneys deposited in the Iowa egg fund and transferred to the council as provided in section 196A.17, are appropriated and shall be used for the administration of this chapter and for the payment of claims based upon obligations incurred in the performance of activities and functions set forth in this chapter.

Moneys collected ~ the authority at, deposited !..!! the fund, and transferred to the coun- cil as provided!..!! this chapter are subject to audit by the auditor of state. The moneys trans- ferred to the council, shall be used by the Iowa egg council first for the payment of collection expenses,-;econd for payment of the costs and expenses arising in connection with conducting referendums, and third for market development. Moneys remaining ffi the Iewa- egg fund after a referendum is held when a majority of the voters do not favor extending the tax shall con- tinue to be expended in accordance with this chapter until exhausted.

Sec. 42. Section 196A.21, Code 1993, is amended to read as follows: 196A.21 BOND REQUIRED. All persons holding positions of trust under this chapter shall give provide !l, bond in the

an amount required by the council. The premiums for bond costs shall be paid from the moneys transferred from the Iowa egg fund to the council as provided in section 196A.17.

Sec. 43. Section 196A.25, Code 1993, is amended by striking the section and inserting in lieu thereof the following:

196A.25 REPORT. The council shall each year prepare and submit a report summarizing the activities of the

council under this chapter each year to the auditor of state and the secretary of agriculture. The report shall show all income, expenses, and other relevant information concerning fees col- lected and expended under the provisions of this chapter.

Sec. 44. Section 421.31, subsection 2, Code 1993, is amended to read as follows: 2. PREAUDIT SYSTEM. To establish and fix a reasonable imprest cash fund for each state

department and institution for disbursement purposes where needed. These revolving funds shall be reimbursed only upon vouchers approved by the director. It is the purpose of this subsection to establish a preaudit system of settling all claims against the state, but the preaudit system is not applicable to any of the institutions following:

1l: Institutions under the control of the state board of regents: 6P te the ~ The state fair board as established in chapter 173. <!: The Iowa dairy industry commission as established in chapter 179, the Iowa beef cattle

producers association as established in chapter 181, the Iowa pork producers council as estab- lished in chapter 183A, the Iowa turkey marketing council as established in chapter 184A, the Iowa soybean promotion board as established in chapter 185, the Iowa corn promotion board as established !..!! chapter 185C, and the Iowa ~ council as established !..!! chapter 196A.

Sec. 45. Section 421.31, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. 6A. ENTITIES REPRESENTING AGRICULTURAL

PRODUCERS. To control the financial operations of the Iowa dairy industry commission as provided in chapter 179, the Iowa beef cattle producers association as provided in chapter 181, the Iowa pork producers council as provided in chapter 183A, the Iowa turkey marketing council as provided in chapter 184A, the Iowa soybean promotion board as provided in chapter 185, the Iowa corn promotion board as provided in chapter 185C, and the Iowa egg council as provided in chapter 196A.

Sec. 46. REPEALS. Sections 184A.7 and 196A.20, Code 1993, are repealed.

Approved May 2, 1994

CH. 1147 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION

CHAPTER 1147 USE OF MOBILE RADIO TRANSMITTERS FOR HUNTING

S.F.2049

334

AN ACT relating to the use of mobile radio transmitters for hunting or the tracking of dogs or birds of prey, and providing a penalty.

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

Section 1. Section 481A.24, Code Supplement 1993, is amended to read as follows: 481A.24 USE OF MOBILE RADIO TRANSMITTER PROHIBITED - EXCEPTION

EXCEPTIONS. h For the purposes of this section: ~ "One-way mobile radio transmitter" means !! radio capable Q! transmitting !! signal only

but not capable Q! transmitting !! voice signal. The signal may be tracked or located by radio telemetry or located by an audible sound. ~ "Two-way mobile radio transmitter" means !! radio capable Qi transmitting and receiv-

i!!g voice messages including, but not limited to, !! citizen band radio or !! cellular telephone. ~ A Except as otherwise provided in this section, !! person who is hunting shall not use

a one-way or two-way mobile radio transmitter to communicate the location or direction of game or fur-bearing animals or to coordinate the movement of other hunters. This seeti6R sub- section does not apply to the hunting of coyotes except during the shotgun deer season as set by the commission under section 481A.38. ~ ~ licensed falconer may use !! one-way mobile radio transmitter to recover !! free-flying

bird Qi prey properly banded and covered on the falconry permit. !: ~ person hunting with the aid of!! «!2.g may use at any time !! one-way mobile transmitter

designed to track or aid i!! the recovery of the dog.

Sec. 2. Section 805.8, subsection 5, paragraphs c and d, Code Supplement 1993, are amended to read as follows:

c. For violations of sections 481A.6, 481A.21, 481A.22, 4811\.24, 481A.26, 481A.50, 481A.56, 481A.60 through 481A.62, 481A.82, 481A.83, 481A.84, 481A.92, 481A.123, 482.7, 483A.7, 483A.8, 483A.23, and 483A.24, the scheduled fine is twenty-five dollars.

d. For violations of sections 481A.7, 481A.24, 481A.47, 481A.52, 481A.53, 481A.55, 481A.58, 481A.63, 481A.76, 481A.81, 481A.90, 481A.91, 481A.97, 481A.122, 481A.126, 481A.142, 482.8, and 483A.37, the scheduled fine is fifty dollars.

Approved May 4, 1994

CHAPTER 1148 FUR-BEARING ANIMALS AND OTHER WILDLIFE

S.F.2071

AN ACT relating to the taking of fur-bearing animals for the protection of public or private property.

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

Section 1. Section 481A.12, Code 1993, is amended to read as follows: 481A.12 SEIZURE OF WILDLIFE TAKEN OR HANDLED ILLEGALLY. The director or any peace officer shall seize with or without warrant and take possession

of! or direct the disposal of, any fish, furs, birds, or animals, or mussels, clams, or frogs, which