Bill Text: IA SF60 | 2013-2014 | 85th General Assembly | Introduced
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
Senate
File
60
-
Introduced
SENATE
FILE
60
BY
CHELGREN
A
BILL
FOR
An
Act
relating
to
the
production
or
manufacture
of
goods
1
retained
within
the
state
of
Iowa
and
applicable
federal
2
authority,
providing
penalties,
and
including
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1810SS
(1)
85
rn/nh
S.F.
60
Section
1.
NEW
SECTION
.
554E.1
Short
title.
1
This
chapter
may
be
cited
as
the
“Intrastate
Commerce
Act”
.
2
Sec.
2.
NEW
SECTION
.
554E.2
Legislative
intent.
3
The
general
assembly
finds
the
following:
4
1.
The
tenth
amendment
to
the
Constitution
of
the
United
5
States
codifies
in
law
that
the
only
powers
which
the
federal
6
government
may
exercise
are
those
that
have
been
delegated
to
7
it
in
the
Constitution
of
the
United
States.
8
2.
The
ninth
amendment
to
the
Constitution
of
the
United
9
States
guarantees
to
the
people
rights
not
enumerated
in
the
10
Constitution
and
reserves
to
the
people
those
rights.
11
3.
Under
Article
I,
section
8,
clause
3,
of
the
Constitution
12
of
the
United
States,
the
federal
government
is
empowered
to
13
regulate
commerce
among
the
several
states.
14
4.
The
power
to
regulate
intrastate
commerce
is
reserved
to
15
the
states
or
the
people
under
the
ninth
and
tenth
amendments
16
to
the
Constitution
of
the
United
States.
17
5.
During
the
constitutional
convention,
the
founders
18
considered
a
plan
which
would
have
authorized
the
federal
19
government
to
not
only
regulate
commerce
among
the
several
20
states,
but
also
any
activity
having
spillover
effects
across
21
state
lines,
and
they
rejected
it.
22
Sec.
3.
NEW
SECTION
.
554E.3
Iowa
goods
retained
in-state
——
23
federal
regulation
——
inapplicability.
24
1.
As
used
in
this
chapter,
unless
the
context
otherwise
25
requires:
26
a.
“Goods”
means
all
real
or
personal,
tangible
or
27
intangible
property,
regardless
of
the
date
of
origin,
28
manufacture,
or
creation.
29
b.
“Produced”
means
grown,
mined,
extracted,
or
created.
30
2.
All
goods
produced
or
manufactured,
whether
commercially
31
or
privately,
within
the
boundaries
of
this
state
that
are
32
held,
maintained,
or
retained
within
the
boundaries
of
this
33
state
shall
not
be
deemed
to
have
traveled
in
interstate
34
commerce
and
shall
not
be
subject
to
federal
law,
federal
35
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S.F.
60
regulation,
or
the
authority
of
the
Congress
of
the
United
1
States
under
its
constitutional
power
to
regulate
commerce
2
among
the
states.
This
chapter
shall
apply
to
goods
that
are
3
manufactured
within
this
state
from
basic
materials
or
parts.
4
The
authority
of
the
Congress
of
the
United
States
to
regulate
5
interstate
commerce
in
basic
materials
or
parts
shall
not
6
include
the
authority
to
regulate
goods
manufactured
within
7
this
state
from
such
materials
or
parts.
8
3.
This
chapter
shall
not
apply
to
the
following:
9
a.
Goods
manufactured
within
this
state
unless
the
words
10
“made
in
Iowa”
are
clearly
stamped
or
marked
on
an
integral
11
part
of
the
good.
12
b.
Goods
produced
within
this
state
unless
the
words
13
“product
of
Iowa”
are
clearly
stamped
or
marked
on
the
14
container
or
packaging.
15
c.
Goods
ordered,
procured,
or
purchased
by
the
United
16
States
government
or
by
any
contractor
pursuant
to
an
agreement
17
with
the
United
States
government.
18
Sec.
4.
NEW
SECTION
.
554E.4
Penalties.
19
1.
Any
official,
agent,
or
employee
of
the
United
States
20
government
or
any
employee
of
a
corporation
providing
services
21
to
the
United
States
government
that
enforces
or
attempts
to
22
enforce
an
Act,
order,
law,
statute,
rule,
or
regulation
of
the
23
government
of
the
United
States
in
violation
of
this
Act
shall
24
be
guilty
of
a
class
“D”
felony.
25
2.
Any
public
officer
or
employee
of
this
state
that
26
enforces
or
attempts
to
enforce
an
Act,
order,
law,
statute,
27
rule,
or
regulation
of
the
government
of
the
United
States
in
28
violation
of
this
Act
shall
be
guilty
of
a
serious
misdemeanor.
29
Sec.
5.
APPLICABILITY.
30
1.
This
Act
applies
to
goods
held,
maintained,
or
retained
31
within
the
boundaries
of
the
state
that
have
been
produced
or
32
manufactured
within
this
state
at
any
time
before,
on,
or
after
33
July
1,
2013.
34
2.
Notwithstanding
subsection
1,
the
section
of
this
Act
35
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60
enacting
section
554E.4,
prescribing
penalties
for
a
violation
1
of
the
Act’s
provisions,
applies
only
to
violations
occurring
2
on
or
after
July
1,
2013.
3
EXPLANATION
4
This
bill
relates
to
the
production
or
manufacture
of
goods
5
retained
within
the
state
of
Iowa
and
federal
regulatory
6
authority.
7
The
bill
provides
legislative
intent
regarding
the
retention
8
and
delegation
of
powers
in
the
United
States
Constitution,
9
and
states
that
the
power
to
regulate
intrastate
commerce
is
10
reserved
to
the
states
or
the
people
under
the
ninth
and
tenth
11
amendments
to
the
Constitution.
The
bill
also
states
that
12
during
the
constitutional
convention,
the
founders
considered
13
a
plan
which
would
have
authorized
the
federal
government
to
14
not
only
regulate
commerce
among
the
several
states,
but
also
15
any
activity
having
spillover
effects
across
state
lines,
and
16
rejected
it.
17
The
bill
provides
definitions.
The
bill
defines
“goods”
to
18
mean
all
real
or
personal,
tangible
or
intangible
property,
19
regardless
of
the
date
of
origin,
manufacture,
or
creation.
20
The
bill
defines
“produced”
to
mean
grown,
mined,
extracted,
21
or
created.
22
The
bill
states
that
all
goods
produced
or
manufactured
23
either
commercially
or
privately
within
Iowa
that
are
held,
24
maintained,
or
retained
within
Iowa
shall
not
be
deemed
to
25
have
traveled
in
interstate
commerce
and
therefore
shall
26
not
be
subject
to
federal
law,
federal
regulation,
or
the
27
constitutional
authority
of
the
Congress
of
the
United
States
28
to
regulate
interstate
commerce.
The
bill
provides
that
29
this
only
applies
to
goods
that
are
manufactured
within
Iowa
30
from
basic
materials
or
parts.
The
bill
further
provides
31
that
protection
from
federal
regulation
shall
be
confined
32
to
goods
manufactured
within
Iowa
which
have
“made
in
Iowa”
33
clearly
stamped
or
marked
on
an
integral
part,
or
produced
in
34
Iowa
unless
the
words
“product
of
Iowa”
are
clearly
stamped
35
-3-
LSB
1810SS
(1)
85
rn/nh
3/
4
S.F.
60
or
marked
on
the
container
or
packaging.
The
bill
further
1
provides
that
goods
ordered,
procured,
or
purchased
by
the
2
United
States
government
or
by
any
contractor
pursuant
to
an
3
agreement
with
the
United
States
government
are
not
included
in
4
the
protection
from
federal
regulation.
5
The
bill
specifies
that
any
official,
agent,
or
employee
of
6
the
United
States
government
or
any
employee
of
a
corporation
7
providing
services
to
the
United
States
government
that
8
enforces
or
attempts
to
enforce
an
Act,
order,
law,
statute,
9
rule,
or
regulation
of
the
government
of
the
United
States
in
10
violation
of
the
bill’s
provisions
shall
be
guilty
of
a
class
11
“D”
felony.
A
class
“D”
felony
is
punishable
by
confinement
12
for
no
more
than
five
years
and
a
fine
of
at
least
$750
but
not
13
more
than
$7,500.
The
bill
further
specifies
that
a
public
14
officer
or
employee
of
this
state
that
enforces
or
attempts
to
15
enforce
an
Act,
order,
law,
statute,
rule,
or
regulation
of
the
16
government
of
the
United
States
in
violation
of
the
bill
shall
17
be
guilty
of
a
serious
misdemeanor.
A
serious
misdemeanor
is
18
punishable
by
confinement
for
no
more
than
one
year
and
a
fine
19
of
at
least
$315
but
not
more
than
$1,875.
20
The
bill
applies
to
goods
held,
maintained,
or
retained
21
within
the
boundaries
of
the
state
that
have
been
produced
or
22
manufactured
within
this
state
at
any
time
before,
on,
or
after
23
July
1,
2013.
Penalty
provisions
apply
only
to
violations
24
occurring
on
or
after
July
1,
2013.
25
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