Bill Text: IA HF380 | 2011-2012 | 84th General Assembly | Introduced

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Bill Title: A bill for an act relating to the production or manufacture of goods retained within the state of Iowa and federal authority in relation thereto, providing penalties, and including effective date and applicability provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF380 Detail]

Download: Iowa-2011-HF380-Introduced.html

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House File 380 - Introduced
HOUSE FILE 380
BY PEARSON
A BILL FOR
An Act relating to the production or manufacture of goods
retained within the state of Iowa and federal authority
in relation thereto, providing penalties, and including
effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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H.F. 380
Section 1. NEW SECTION . 554E.1 Short title.
This chapter may be cited as the “Intrastate Commerce Act” .
Sec. 2. NEW SECTION . 554E.2 Legislative intent.
The general assembly finds the following:
1. The tenth amendment to the Constitution of the United
States codifies in law that the only powers which the federal
government may exercise are those that have been delegated to
it in the Constitution.
2. The ninth amendment to the Constitution of the United
States guarantees to the people rights not enumerated in the
Constitution and reserves to the people those rights.
3. Under Article I, section 8, clause 3, of the Constitution
of the United States, the federal government is empowered to
regulate commerce among the several states.
4. The power to regulate intrastate commerce is reserved to
the states or the people under the ninth and tenth amendments
to the Constitution of the United States.
5. During the constitutional convention, the founders
considered and rejected a plan which would have authorized the
federal government to not only regulate commerce among the
several states, but also any activity having spillover effects
across state lines.
Sec. 3. NEW SECTION . 554E.3 Iowa goods retained in-state ——
federal regulation —— inapplicability.
1. As used in this chapter, unless the context otherwise
requires:
a. “Basic materials or parts” means raw materials physically
and directly associated with the finished product in the
manufacturing process.
b. “Goods” means all real or personal, tangible or
intangible property.
c. “Produced” means grown, mined, extracted, or created.
2. All goods produced or manufactured, whether commercially
or privately, within the boundaries of this state that are
held, maintained, or retained within the boundaries of this
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H.F. 380
state shall not be deemed to have traveled in interstate
commerce and shall not be subject to federal law, federal
regulation, or the authority of the Congress of the United
States under its constitutional power to regulate commerce.
This chapter shall apply to goods that are manufactured within
this state from basic materials or parts. The authority of the
Congress of the United States to regulate interstate commerce
in basic materials or parts shall not include the authority
to regulate goods manufactured within this state from such
materials or parts.
3. This chapter shall not apply to the following:
a. Goods manufactured within this state unless the words
“made in Iowa” are clearly stamped or marked on an integral
part of the good.
b. Goods produced within this state unless the words
“product of Iowa” are clearly stamped or marked on the
container or packaging.
c. Goods ordered, procured, or purchased by the United
States government or by any contractor pursuant to an agreement
with the United States government.
Sec. 4. NEW SECTION . 554E.4 Penalties.
1. Any official, agent, or employee of the United States
government or any employee of a corporation providing services
to the United States government that enforces or attempts to
enforce an Act, order, law, statute, rule, or regulation of the
government of the United States in violation of this Act shall
be guilty of an aggravated misdemeanor.
2. Any public officer or employee of this state that
enforces or attempts to enforce an Act, order, law, statute,
rule, or regulation of the government of the United States in
violation of this Act shall be guilty of a serious misdemeanor.
Sec. 5. EFFECTIVE UPON ENACTMENT AND APPLICABILITY. This
Act, being deemed of immediate importance, takes effect upon
enactment and applies to goods held, maintained, or retained
within the boundaries of the state that have been produced or
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H.F. 380
manufactured within this state on or after that date.
EXPLANATION
This bill relates to the production or manufacture of goods
retained within the state of Iowa and federal regulatory
authority.
The bill provides legislative intent regarding the retention
and delegation of powers in the United States Constitution,
and states that the power to regulate intrastate commerce is
reserved to the states or the people under the ninth and tenth
amendments to the Constitution. The bill also states that
during the constitutional convention, the founders considered
and rejected a plan which would have authorized the federal
government to not only regulate commerce among the several
states, but also any activity having spillover effects across
state lines.
The bill provides several definitions. The bill defines
“basic materials or parts” to mean raw materials physically
and directly associated with the finished product in the
manufacturing process. The bill defines “goods” to mean all
real or personal, tangible or intangible property. The bill
defines “produced” to mean grown, mined, extracted, or created.
The bill states that all goods produced or manufactured
either commercially or privately within Iowa that are held,
maintained, or retained within Iowa shall not be deemed to
have traveled in interstate commerce and therefore shall
not be subject to federal law, federal regulation, or the
constitutional authority of the Congress of the United States
to regulate interstate commerce. The bill provides that
this only applies to goods that are manufactured within Iowa
from basic materials or parts. The bill further provides
that protection from federal regulation shall be confined
to goods manufactured within Iowa which have “made in Iowa”
clearly stamped or marked on an integral part, or produced in
Iowa unless the words “product of Iowa” are clearly stamped
or marked on the container or packaging. The bill further
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H.F. 380
provides that goods ordered, procured, or purchased by the
United States government or by any contractor pursuant to an
agreement with the United States government are not included in
the protection from federal regulation.
The bill specifies that any official, agent, or employee of
the United States government or any employee of a corporation
providing services to the United States government that
enforces or attempts to enforce an Act, order, law, statute,
rule, or regulation of the government of the United States
in violation of the bill’s provisions shall be guilty of
an aggravated misdemeanor. An aggravated misdemeanor is
punishable by confinement for no more than two years and a
fine of at least $625 but not more than $6,250. The bill
additionally specifies that any public officer or employee of
this state that enforces or attempts to enforce an Act, order,
law, statute, rule, or regulation of the government of the
United States in violation of the bill shall be guilty of a
serious misdemeanor. A serious misdemeanor is punishable by
confinement for no more than one year and a fine of at least
$315 but not more than $1,875.
The bill takes effect upon enactment and applies to goods
held, maintained, or retained within the boundaries of the
state that have been produced or manufactured within this state
on or after that date.
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