Bill Text: IA HF2459 | 2011-2012 | 84th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to the assessment of moneys on sheep and wool production, and including effective date provisions. Effective 4-27-12.
Spectrum: Committee Bill
Status: (Passed) 2012-04-27 - Signed by Governor. H.J. 894. [HF2459 Detail]
Download: Iowa-2011-HF2459-Introduced.html
Bill Title: A bill for an act relating to the assessment of moneys on sheep and wool production, and including effective date provisions. Effective 4-27-12.
Spectrum: Committee Bill
Status: (Passed) 2012-04-27 - Signed by Governor. H.J. 894. [HF2459 Detail]
Download: Iowa-2011-HF2459-Introduced.html
House
File
2459
-
Introduced
HOUSE
FILE
2459
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
2381)
(SUCCESSOR
TO
HSB
618)
A
BILL
FOR
An
Act
relating
to
the
assessment
of
moneys
on
sheep
and
wool
1
production,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2459
Section
1.
Section
182.1,
subsection
5,
Code
2011,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
182.1,
Code
2011,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
8A.
“Secretary”
means
the
secretary
of
5
agriculture.
6
Sec.
3.
NEW
SECTION
.
182.13B
Assessment
rate.
7
1.
If
a
majority
of
voters
at
a
referendum
conducted
8
pursuant
to
section
182.4
approve
the
establishment
of
an
9
Iowa
sheep
and
wool
promotion
board
and
the
imposition
of
an
10
assessment,
the
assessment
shall
be
imposed
on
wool
and
sheep
11
at
the
following
rates:
12
a.
For
wool,
two
cents
imposed
on
each
pound
of
wool
sold
13
by
a
producer.
14
b.
For
sheep,
ten
cents
imposed
on
each
head
of
sheep
sold
15
by
a
producer.
16
2.
a.
Notwithstanding
subsection
1,
upon
a
resolution
17
adopted
by
the
board,
the
secretary
shall
call
a
special
18
referendum
for
voters
to
authorize
increasing
the
assessment
19
rate
imposed
on
sheep
as
provided
in
this
section.
20
b.
The
special
referendum
shall
be
conducted
in
the
same
21
manner
as
a
referendum
conducted
upon
receipt
of
a
petition
22
as
provided
in
this
chapter,
unless
otherwise
provided
in
the
23
board’s
resolution.
Only
producers
are
eligible
to
vote
in
an
24
election
and
each
producer
is
entitled
to
one
vote.
25
3.
a.
The
special
referendum
conducted
pursuant
to
26
subsection
2
shall
allow
a
voter
to
cast
a
ballot
for
the
27
following
two
questions:
28
(1)
For
the
first
question,
whether
to
authorize
an
increase
29
in
the
assessment
rate
to
twenty-five
cents
imposed
on
each
30
head
of
sheep.
31
(2)
For
the
second
question,
if
the
first
question
is
32
approved
by
a
majority
of
voters,
whether
to
also
authorize
the
33
board
to
increase
that
assessment
rate
by
future
resolution
as
34
provided
in
this
section.
35
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4.
If
a
majority
of
voters
approve
the
first
question,
1
twenty-five
cents
shall
be
imposed
on
each
head
of
sheep
sold
2
by
a
producer
as
effectuated
by
the
board
pursuant
to
section
3
182.12.
4
5.
If
a
majority
of
voters
approve
both
the
first
and
second
5
questions,
all
of
the
following
apply:
6
a.
Twenty-five
cents
shall
be
imposed
on
each
head
of
sheep
7
sold
by
a
producer
as
effectuated
by
the
board
pursuant
to
8
section
182.12.
9
b.
The
board
may
adopt
one
or
more
resolutions
to
further
10
impose
an
increased
assessment
rate.
The
increased
assessment
11
rate
shall
be
imposed
on
each
head
of
sheep
sold
by
a
producer
12
as
effectuated
by
the
board
pursuant
to
section
182.12.
The
13
board
shall
comply
with
all
of
the
following:
14
(1)
The
board
must
wait
three
or
more
years
from
the
15
effective
date
of
the
previous
action
imposing
an
increase
16
in
order
to
adopt
a
resolution.
For
the
first
increase,
the
17
effective
date
is
the
date
of
the
special
referendum.
For
any
18
subsequent
increase,
the
effective
date
is
the
date
that
the
19
board
last
adopted
a
resolution
imposing
an
increased
rate
as
20
provided
in
this
paragraph
“b”
.
21
(2)
The
board
shall
not
adopt
a
resolution
until
it
provides
22
notice
to
producers
of
the
proposed
increase
and
an
opportunity
23
for
producers
to
submit
written
or
oral
comments
to
the
board
24
regarding
the
proposed
increase.
The
board
may
provide
notice
25
by
publication
in
the
same
manner
as
provided
in
section
26
182.3,
publication
on
its
internet
site,
mail
bearing
a
United
27
States
postal
service
postmark,
electronic
transmission,
or
28
hand-delivery.
29
(3)
The
increase
in
the
assessment
rate
imposed
by
a
30
resolution
adopted
by
the
board
must
equal
five
cents.
31
However,
the
assessment
rate
imposed
by
a
resolution
of
the
32
board
shall
not
equal
more
than
fifty
cents.
33
6.
a.
If
a
majority
of
voters
do
not
authorize
increasing
34
the
assessment
rate
pursuant
to
a
special
referendum
conducted
35
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2459
pursuant
to
this
section,
the
assessment
rate
shall
be
the
same
1
as
provided
in
subsection
1.
2
b.
Not
more
than
one
special
referendum
shall
be
conducted
3
pursuant
to
this
section.
4
Sec.
4.
Section
182.14,
subsection
1,
Code
2011,
is
amended
5
by
striking
the
subsection.
6
Sec.
5.
Section
182.14,
subsection
2,
unnumbered
paragraph
7
1,
Code
2011,
is
amended
to
read
as
follows:
8
The
An
assessment
provided
in
this
chapter
shall
be
imposed
9
on
the
producer
as
follows:
10
Sec.
6.
EFFECT
OF
ACT.
The
establishment
of
the
Iowa
11
sheep
and
wool
promotion
board
and
the
assessment
on
the
sale
12
of
sheep
or
wool,
as
established
in
a
referendum
conducted
13
pursuant
to
section
182.4,
and
in
effect
immediately
prior
14
to
the
effective
date
of
this
Act,
is
not
affected
by
the
15
enactment
of
section
182.13B,
subsection
1,
or
the
repeal
of
16
section
182.14,
subsection
1,
as
provided
in
this
Act.
17
Sec.
7.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
18
immediate
importance,
takes
effect
upon
enactment.
19
EXPLANATION
20
Current
law
provides
for
an
assessment
(a
so-called
21
checkoff)
on
the
sale
of
sheep
and
wool
to
first
purchasers.
22
The
assessment
is
ultimately
expended
by
the
Iowa
sheep
and
23
wool
promotion
board
for
purposes
of
promoting
the
marketing
24
of
sheep
and
wool
and
to
provide
for
related
education
and
25
research
programs.
The
board
operates
and
the
checkoff
is
26
imposed
pursuant
to
a
referendum
approved
by
sheep
and
wool
27
producers.
28
This
bill
authorizes
the
board
to
conduct
a
special
29
referendum
which
poses
two
questions:
(1)
whether
to
increase
30
the
checkoff
rate
for
each
head
of
sheep
from
10
cents
to
25
31
cents,
and
(2)
if
producers
approve
such
increase,
whether
32
to
authorize
the
board
to
increase
the
rate
in
the
future
33
by
board
resolution.
The
bill
requires
that
the
special
34
referendum
be
conducted
in
the
same
manner
as
the
referendum
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establishing
the
board
and
first
imposing
the
assessment
rate,
1
unless
the
board’s
resolution
provides
otherwise.
However,
2
the
resolution
cannot
alter
two
provisions;
only
producers
are
3
eligible
to
vote
in
an
election
and
each
producer
is
entitled
4
to
one
vote.
The
bill
places
a
number
of
conditions
upon
5
the
board’s
resolution
to
further
increase
the
rate.
First,
6
it
must
wait
three
or
more
years
from
the
effective
date
of
7
the
previous
action
imposing
an
increase
in
order
to
adopt
8
such
a
resolution.
Second,
it
must
provide
notice
to
and
an
9
opportunity
for
comment
by
producers.
Third,
the
increased
10
rate
must
equal
5
cents.
The
board
cannot
increase
the
rate
11
to
more
than
50
cents
per
head
of
sheep.
Finally,
the
board
12
cannot
conduct
more
than
one
special
referendum.
13
The
bill
provides
that
the
result
of
moving
and
rewriting
14
a
provision
that
imposes
the
current
assessment
rate
does
15
not
affect
the
prior
establishment
of
the
board
or
the
prior
16
imposition
of
that
rate
as
established
by
referendum.
17
The
bill
takes
effect
upon
enactment.
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