Senate Study Bill 1164

                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            NATURAL RESOURCES AND
                                            ENVIRONMENT BILL BY
                                            CHAIRPERSON HOUSER)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to responsibilities of the state soil
  2    conservation committee.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 3201SC 80
  5 av/cl/14

PAG LIN

  1  1    Section 1.  Section 161A.4, Code 2003, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  3A.  a.  The committee, pursuant to rules
  1  4 adopted under chapter 17A, and in consultation with the
  1  5 division of soil conservation, shall assess the availability
  1  6 of private contractors in each soil and water conservation
  1  7 district who are willing and able to provide services,
  1  8 including but not limited to planting services, and sell plant
  1  9 material to assist landowners or occupiers in carrying on
  1 10 operations upon their land that further the policy stated in
  1 11 this chapter.
  1 12    b.  After making an assessment of private contractors
  1 13 available under paragraph "a", the committee shall determine
  1 14 whether the private contractors available in each district are
  1 15 sufficient to meet the needs of landowners or occupiers in
  1 16 each district for such services and plant material.  If the
  1 17 committee determines that the private contractors available in
  1 18 a district are not sufficient to meet the needs of landowners
  1 19 or occupiers in that district for services or plant material,
  1 20 the committee may authorize the district to provide services
  1 21 for a fee with the district's equipment and to sell plant
  1 22 material as necessary to meet such needs in that district.
  1 23    c.  The committee shall annually reassess the availability
  1 24 of private contractors in each district, whether the need for
  1 25 services and plant material in each district can be met by
  1 26 available private contractors and whether the committee's
  1 27 authorization allowing a district to provide services for a
  1 28 fee and to sell plant material should be continued.
  1 29    Sec. 2.  Section 161A.7, subsection 6, Code 2003, is
  1 30 amended to read as follows:
  1 31    6.  To make available on such terms as it shall prescribe,
  1 32 to landowners or occupiers within the district, agricultural
  1 33 and engineering machinery and equipment, fertilizer, lime, and
  1 34 such other material or equipment as will assist such
  1 35 landowners or occupiers to carry on operations upon their
  2  1 lands for the conservation of soil resources and for the
  2  2 prevention and control of soil erosion and for the prevention
  2  3 of erosion, floodwater, and sediment damages, except that a
  2  4 district shall not provide services for a fee with the
  2  5 district's equipment, including but not limited to planting
  2  6 services, or sell plant material unless the district is so
  2  7 authorized by the committee pursuant to section 161A.4,
  2  8 subsection 3A.
  2  9                           EXPLANATION
  2 10    This bill provides that the state soil conservation
  2 11 committee, pursuant to rules adopted under Code chapter 17A,
  2 12 and in consultation with the division of soil conservation of
  2 13 the department of agriculture and land stewardship, shall
  2 14 assess the availability of private contractors in each soil
  2 15 and water conservation district who are willing and able to
  2 16 provide services, including but not limited to planting
  2 17 services, and to sell plant material to assist landowners or
  2 18 occupiers in carrying on operations upon their land that
  2 19 further the policy of Code chapter 161A.
  2 20    The bill provides that after making an assessment of
  2 21 available private contractors in each district, the committee
  2 22 shall determine whether the private contractors available in
  2 23 each district are sufficient to meet the needs of landowners
  2 24 or occupiers in that district for services or plant material.
  2 25 If the committee determines that the private contractors
  2 26 available are not sufficient to meet the needs of landowners
  2 27 or occupiers, the committee may authorize the district to
  2 28 provide services for a fee with the district's equipment and
  2 29 to sell plant material as necessary to meet such needs in the
  2 30 district.
  2 31    The bill provides that the committee shall annually
  2 32 reassess the availability of private contractors in each
  2 33 district, whether the demand for services and plant material
  2 34 in each district can be met by private contractors that are
  2 35 available, and whether the committee's authorization allowing
  3  1 a district to provide services for a fee and to sell plant
  3  2 material should be continued.
  3  3    The bill also provides that a district shall not provide
  3  4 services with the district's equipment for a fee, including
  3  5 but not limited to planting services, or sell plant material
  3  6 except as authorized by the committee pursuant to Code section
  3  7 161A.4, subsection 3A.
  3  8 LSB 3201SC 80
  3  9 av/cl/14