Bill Text: IA SF60 | 2013-2014 | 85th 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 applicable federal authority, providing penalties, and including applicability provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF60 Detail]

Download: Iowa-2013-SF60-Introduced.html

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Senate File 60 - Introduced
SENATE FILE 60
BY CHELGREN
A BILL FOR
An Act relating to the production or manufacture of goods
retained within the state of Iowa and applicable federal
authority, providing penalties, and including applicability
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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 of the United States.
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 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, and they rejected it.
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. “Goods” means all real or personal, tangible or
intangible property, regardless of the date of origin,
manufacture, or creation.
b. “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
state shall not be deemed to have traveled in interstate
commerce and shall not be subject to federal law, federal
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S.F. 60
regulation, or the authority of the Congress of the United
States under its constitutional power to regulate commerce
among the states. 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 a class “D” felony.
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. APPLICABILITY.
1. This Act applies to goods held, maintained, or retained
within the boundaries of the state that have been produced or
manufactured within this state at any time before, on, or after
July 1, 2013.
2. Notwithstanding subsection 1, the section of this Act
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enacting section 554E.4, prescribing penalties for a violation
of the Act’s provisions, applies only to violations occurring
on or after July 1, 2013.
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
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, and
rejected it.
The bill provides definitions. The bill defines “goods” to
mean all real or personal, tangible or intangible property,
regardless of the date of origin, manufacture, or creation.
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
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S.F. 60
or marked on the container or packaging. The bill further
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 a class
“D” felony. A class “D” felony is punishable by confinement
for no more than five years and a fine of at least $750 but not
more than $7,500. The bill further specifies that a 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 applies to goods held, maintained, or retained
within the boundaries of the state that have been produced or
manufactured within this state at any time before, on, or after
July 1, 2013. Penalty provisions apply only to violations
occurring on or after July 1, 2013.
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