179.2 - COMMISSION CREATED -- SUSPENSION DURING NATIONAL ORDER -- REACTIVATION.
179.2 COMMISSION CREATED -- SUSPENSION DURING
NATIONAL ORDER -- REACTIVATION.
1. There is created an Iowa dairy industry commission, referred
to in this chapter as the commission. The commission shall be
composed of the secretary of agriculture or the secretary's designee,
the dean of agriculture at Iowa state university of science and
technology or the dean's designee, and sixteen members appointed by
the secretary of agriculture as provided in this section.
2. Commissioners shall serve until their successors are duly
appointed and qualify. Vacancies occurring in the membership of the
commission resulting from death, inability or refusal to serve, or
failure to meet the definition of a producer, shall be filled within
three months of the time the vacancy occurs in the manner provided by
the commission. Vacancy appointments shall be only for the remainder
of the unexpired term. A commissioner shall not serve more than two
consecutive full terms.
3. Appointive members of the commission shall receive a per diem
as specified in section 7E.6 for each day spent on official business
of the commission, not to exceed six hundred dollars per annum, and
their actual necessary expenses, while engaged in commission
activity.
4. When a national promotional order is established by the United
States department of agriculture pursuant to the Dairy Product
Stabilization Act of 1983, collection of the excise tax in section
179.5 shall be suspended for the period in which the national order
is in effect. The commission shall continue to operate thereafter
for only the period of time necessary to pay refunds and disburse the
funds remaining in the dairy industry fund for the purposes
enumerated in this chapter. Upon completion of these acts, the
existence of the Iowa dairy industry commission shall be suspended.
The secretary of agriculture shall certify the suspension of the
commission as of a date certain to the Iowa dairy industry commission
and the Iowa state dairy association. When the existence of the
commission is suspended, the terms of office being served by
individual commissioners shall terminate.
5. When the national promotional order expires, the period of
suspension of the excise tax in section 179.5 shall terminate and the
secretary of agriculture shall take the steps necessary to collect
that excise tax and otherwise fulfill the duties of the commission,
except that of expending funds collected under the excise tax, until
those duties can be resumed by the reactivated commission. When the
national promotional order expires, the period of suspension of the
commission shall terminate. The secretary of agriculture shall call
the first meeting of the reactivated commission. Upon reactivation,
the commission shall reimburse the secretary of agriculture for
expenses incurred in carrying out the duties provided in this
subsection.
6. When the national dairy promotion program expires and the
suspension of the Iowa dairy industry commission terminates pursuant
to subsection 5, all first purchasers shall, in a manner designed to
reflect their proportionate contributions to the national dairy
promotion program in its most recently completed fiscal year,
nominate two resident producers for each of the sixteen offices of
the commission. The secretary of agriculture shall then appoint one
nominee from each set of two nominees as commissioners of the
reactivated Iowa dairy industry commission. The secretary of
agriculture shall stagger the terms of the reactivated commission
resulting in as nearly as possible one third of the commissioners
serving for one year, one third of the commissioners serving for two
years, and one third of the commissioners serving for three years.
After the initial staggering of terms by the secretary, commissioners
shall be appointed to three-year terms.
7. After the reactivated commission has been formed, nominations
for commissioners shall be made by first purchasers in a manner
designed to reflect their proportionate contributions to the Iowa
dairy industry commission in its most recently completed fiscal year.
Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 179.2] Section History: Recent Form
84 Acts, ch 1183, § 1; 85 Acts, ch 126, §5--8; 91 Acts, ch 258,
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