Bill Text: IA SF2116 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the production or manufacture of certain goods within the state of Iowa and applicability of federal authority, providing penalties, and including applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-01 - Subcommittee recommends passage. [SF2116 Detail]
Download: Iowa-2017-SF2116-Introduced.html
Senate File 2116 - Introduced SENATE FILE BY CHELGREN A BILL FOR 1 An Act relating to the production or manufacture of certain 2 goods within the state of Iowa and applicability of federal 3 authority, providing penalties, and including applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 6005XS (2) 87 gh/rn PAG LIN 1 1 Section 1. NEW SECTION. 554E.1 Short title. 1 2 This chapter may be cited as the "Intrastate Commerce Act". 1 3 Sec. 2. NEW SECTION. 554E.2 Legislative findings. 1 4 The general assembly finds the following: 1 5 1. The tenth amendment to the Constitution of the United 1 6 States codifies in law that the only powers the federal 1 7 government may exercise are those that have been delegated 1 8 to the federal government in the Constitution of the United 1 9 States. 1 10 2. The ninth amendment to the Constitution of the United 1 11 States guarantees to the people rights not enumerated in the 1 12 Constitution and reserves to the people those rights. 1 13 3. Under Article I, section 8, clause 3, of the Constitution 1 14 of the United States, the federal government is empowered to 1 15 regulate commerce among the several states. 1 16 4. The power to regulate intrastate commerce is reserved to 1 17 the states or the people under the ninth and tenth amendments 1 18 to the Constitution of the United States. 1 19 5. During the constitutional convention, the founders 1 20 considered a plan which would have authorized the federal 1 21 government to not only regulate commerce among the several 1 22 states but also any activity having spillover effects across 1 23 state lines, and the plan was rejected. 1 24 Sec. 3. NEW SECTION. 554E.3 Iowa goods retained in state ==== 1 25 federal regulation ==== inapplicability. 1 26 1. As used in this chapter, unless the context otherwise 1 27 requires: 1 28 a. "Goods" means all real or personal property, whether 1 29 tangible or intangible, regardless of when the property 1 30 originated or was produced or manufactured. 1 31 b. "Produced" means grown, mined, or extracted. 1 32 2. All goods produced or manufactured, whether commercially 1 33 or privately, within the boundaries of this state that are 1 34 held, maintained, or retained within the boundaries of this 1 35 state shall not be deemed to have traveled in interstate 2 1 commerce and shall not be subject to federal law, federal 2 2 regulation, or the authority of the Congress of the United 2 3 States under its constitutional power to regulate commerce 2 4 among the states. The authority of the Congress of the United 2 5 States to regulate interstate commerce in basic materials or 2 6 parts used in processing or producing shall not include the 2 7 authority to regulate goods produced or manufactured within 2 8 this state from such materials or parts regardless of the 2 9 jurisdiction from which the basic materials or parts were 2 10 obtained by the manufacturer or producer. 2 11 3. This chapter shall not apply to the following: 2 12 a. Goods manufactured within this state unless the words 2 13 "made in Iowa" are clearly stamped or marked on an integral 2 14 part of the good. 2 15 b. Goods produced within this state unless the words 2 16 "product of Iowa" are clearly stamped or marked on the 2 17 container or packaging. 2 18 c. Goods ordered, procured, or purchased by the United 2 19 States government or by any contractor pursuant to an agreement 2 20 with the United States government. 2 21 Sec. 4. NEW SECTION. 554E.4 Penalties. 2 22 1. Any official, agent, or employee of the United States 2 23 government or any employee of a corporation providing services 2 24 to the United States government who enforces or attempts to 2 25 enforce an Act, order, law, statute, rule, or regulation of the 2 26 government of the United States in violation of this Act shall 2 27 be guilty of a class "D" felony. 2 28 2. Any public officer or employee of this state who enforces 2 29 or attempts to enforce an Act, order, law, statute, rule, or 2 30 regulation of the government of the United States in violation 2 31 of this Act shall be guilty of a serious misdemeanor. 2 32 Sec. 5. APPLICABILITY. 2 33 1. This Act applies to goods held, maintained, or retained 2 34 within the boundaries of the state that have been produced or 2 35 manufactured within this state at any time before, on, or after 3 1 July 1, 2018. 3 2 2. Notwithstanding subsection 1, the section of this Act 3 3 enacting section 554E.4, prescribing penalties for a violation 3 4 of the Act's provisions, applies to violations occurring on or 3 5 after July 1, 2018. 3 6 EXPLANATION 3 7 The inclusion of this explanation does not constitute agreement with 3 8 the explanation's substance by the members of the general assembly. 3 9 This bill relates to the production or manufacture of 3 10 certain goods within the state of Iowa and federal regulatory 3 11 authority. 3 12 The bill provides legislative findings regarding the 3 13 retention and delegation of powers in the United States 3 14 Constitution, including that the power to regulate intrastate 3 15 commerce is reserved to the states or the people under the 3 16 ninth and tenth amendments to the Constitution. 3 17 The bill defines "goods" to mean all real or personal 3 18 property, whether tangible or intangible, regardless of when 3 19 the property was produced or manufactured. The bill defines 3 20 "produced" to mean grown, mined, or extracted. 3 21 The bill states that all goods produced or manufactured 3 22 either commercially or privately within Iowa that are held, 3 23 maintained, or retained within Iowa shall not be deemed to 3 24 have traveled in interstate commerce and therefore shall 3 25 not be subject to federal law, federal regulation, or the 3 26 constitutional authority of the Congress of the United 3 27 States to regulate interstate commerce. The bill states 3 28 that the federal authority to regulate interstate commerce 3 29 in basic materials or parts used in processing or producing 3 30 does not include the authority to regulate goods produced 3 31 or manufactured within Iowa, regardless of where the basic 3 32 materials or parts were obtained. The bill further provides 3 33 that protection from federal regulation shall be confined to 3 34 goods manufactured within Iowa that have "made in Iowa" clearly 3 35 stamped or marked on an integral part or goods produced in Iowa 4 1 if the words "product of Iowa" are clearly stamped or marked 4 2 on the container or packaging. The bill further provides that 4 3 goods ordered, procured, or purchased by the United States 4 4 government or by any contractor pursuant to an agreement with 4 5 the United States government are not included in the protection 4 6 from federal regulation. 4 7 The bill specifies that any official, agent, or employee of 4 8 the United States government or any employee of a corporation 4 9 providing services to the United States government who enforces 4 10 or attempts to enforce an Act, order, law, statute, rule, or 4 11 regulation of the government of the United States in violation 4 12 of the bill's provisions shall be guilty of a class "D" felony. 4 13 A class "D" felony is punishable by confinement for no more 4 14 than five years and a fine of at least $750 but not more than 4 15 $7,500. The bill further specifies that a public officer or 4 16 employee of this state who enforces or attempts to enforce an 4 17 Act, order, law, statute, rule, or regulation of the government 4 18 of the United States in violation of the bill shall be guilty 4 19 of a serious misdemeanor. A serious misdemeanor is punishable 4 20 by confinement for no more than one year and a fine of at least 4 21 $315 but not more than $1,875. 4 22 The bill applies to goods held, maintained, or retained 4 23 within the boundaries of this state that have been produced or 4 24 manufactured within this state at any time before, on, or after 4 25 July 1, 2018. Penalty provisions apply to violations occurring 4 26 on or after July 1, 2018. LSB 6005XS (2) 87 gh/rn
