Print
House File 666 - ReprintedA Bill ForAn Act 1providing for programs and regulations administered
2and enforced by the department of agriculture and land
3stewardship, providing fees, providing for the allocation of
4moneys, making penalties applicable, and including effective
5date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2REGULATION OF COMMERCIAL ESTABLISHMENTS
3 Section 1. Section 162.2, subsection 19, Code 2023, is
4amended by striking the subsection and inserting in lieu
5thereof the following:
619. “Pet shop” means a facility where vertebrate animals,
7excluding fish, not born and reared on the facility’s premises
8are bought, sold, exchanged, or offered for sale or exchange to
9the public, at retail. “Pet shop” does not include a facility
10if one of the following applies:
11a. The facility receives less than one thousand dollars from
12the sale or exchange of vertebrate animals, excluding fish,
13during a twelve-month period.
14b. The facility sells or exchanges less than twelve
15vertebrate animals, excluding fish, during a twelve-month
16period.
17 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code
182023, is amended to read as follows:
19d. The person’s An official government-issued photo
20 identification number of the person. Notwithstanding chapter
2122, the department shall keep the person’s tax identification
22number confidential except for purposes of tax administration
23by the department of revenue, including as provided in section
24421.18.
25DIVISION II
26GRAIN REGULATION
27PART A
28GRAIN DEALERS
29 Sec. 3. Section 203.1, Code 2023, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 12A. “Scale weight ticket” means the same
32as defined in section 203C.1.
33 Sec. 4. Section 203.5, subsection 8, paragraph a, Code 2023,
34is amended to read as follows:
35a. The applicant has caused liability to the Iowa grain
-1-1depositors and sellers indemnity fund in regard to a license
2issued under this chapter or chapter 203C, and the liability
3has not been discharged, settled, or satisfied.
4 Sec. 5. Section 203.11, subsection 2, paragraph a,
5subparagraph (3), Code 2023, is amended to read as follows:
6(3) Uses a scale weight ticket or credit-sale contract in
7violation of this chapter or a requirement established by the
8department under this chapter.
9 Sec. 6. Section 203.15, subsection 2, paragraph f, Code
102023, is amended to read as follows:
11f. The duration of the credit-sale contract, which shall
12not exceed twelve fifteen months from the date the contract is
13executed.
14 Sec. 7. Section 203.17, Code 2023, is amended to read as
15follows:
16203.17 Documents and records.
171. The department may adopt rules specifying the form,
18content, use, and maintenance of documents issued by a grain
19dealer under this chapter including but not limited to scale
20weight tickets, settlement sheets, daily position records, and
21credit-sale contracts. The department may adopt rules for
22both printed and electronic documents, including rules for
23the transmission, receipt, authentication, and archiving of
24electronically generated or stored documents.
252. All scale weight ticket forms in the possession of a
26grain dealer shall have been permanently and consecutively
27numbered at the time of printing. A grain dealer shall
28maintain an accurate record of all scale weight ticket numbers.
29The record shall include the disposition of each numbered form,
30whether issued, destroyed, or otherwise disposed of.
31 Sec. 8. Section 203.20, Code 2023, is amended to read as
32follows:
33203.20 Shrinkage adjustments — disclosures — penalties.
341. A person who, in connection with the receipt of
35corn or soybeans grain for storage, processing, or sale,
-2-1adjusts the scale weight of the grain to compensate for the
2moisture content of the grain shall compute the amount of
3the adjustment by multiplying the scale weight of the grain
4by that factor which results in a rate of adjustment of one
5and eighteen hundredths percent of weight per one percent of
6moisture content. The use of person who uses any rate of
7weight adjustment for moisture content other than the one
8prescribed by this subsection is commits a fraudulent practice
9as defined in section 714.8. The person shall post on the
10business premises in a conspicuous place notice of the rate
11of adjustment for moisture content that is as prescribed by
12this subsection. Failure The person who fails to make this
13disclosure is commits a simple misdemeanor.
142. A person who, in connection with the receipt of grain for
15storage, processing, or sale, adjusts the quantity of the grain
16received to compensate for losses to be incurred during the
17handling, processing, or storage of the grain shall post on the
18business premises in a conspicuous place notice of the rate of
19adjustment to be made for this shrinkage. Failure The person
20who fails to make the required this disclosure is commits a
21simple misdemeanor.
223. A person who adjusts the scale weight of corn or soybeans
23both grain for moisture content and for handling, processing,
24or storage losses may combine the two adjustment factors into
25a single factor and may use this resulting factor to compute
26the amount of weight adjustment in connection with storage,
27processing, or sale transactions, provided that the person
28shall post on the business premises in a conspicuous place a
29notice that discloses the moisture shrinkage factor prescribed
30by subsection 1, the handling shrinkage factor to be imposed,
31and the single factor that results from combining these
32factors. Failure The person who fails to make the required
33 this disclosure is commits a simple misdemeanor.
34Part b
35WAREHOUSE OPERATORS
-3-1 Sec. 9. Section 203C.5, subsection 2, Code 2023, is amended
2to read as follows:
32. a. The department may adopt rules specifying the
4form, content, and use of documents issued by a warehouse
5operator under this chapter including but not limited to scale
6weight tickets, warehouse receipts, settlement sheets, and
7daily position records. The department may adopt rules for
8both printed and electronic documents, including rules for
9the transmission, receipt, authentication, and archiving of
10electronically generated or stored documents.
11b. All scale weight ticket forms and warehouse receipt
12forms in the possession of a warehouse operator shall have been
13permanently and consecutively numbered at the time of printing.
14A warehouse operator shall maintain an accurate record of
15the numbers of these documents. The record shall include
16the disposition of each form, whether issued, destroyed, or
17otherwise disposed of. The department may by rule require this
18use of prenumbered forms and recording for documents other than
19scale weight tickets and warehouse receipts.
20 Sec. 10. Section 203C.6, subsection 8, paragraph a, Code
212023, is amended to read as follows:
22a. The applicant has caused liability to the Iowa grain
23depositors and sellers indemnity fund through operations under
24a license issued under this chapter or chapter 203, and the
25liability has not been discharged, settled, or satisfied.
26 Sec. 11. Section 203C.17, subsections 1, 2, 3, 4, and 5,
27Code 2023, are amended to read as follows:
281. Any grain which has been received at any Grain deposited
29with a licensed warehouse operator for which the actual sale
30price is has not been fixed and either proper documentation
31made has not been furnished or payment has not been made shall
32be construed to be grain held for storage within the meaning of
33this chapter. Grain may be held considered stored grain and
34may be retained in open storage or placed on under warehouse
35receipt. A warehouse receipt shall be issued for all grain
-4-1held in open storage within one year from the date of delivery
2to the warehouse, unless the depositor has signed a statement
3that the depositor does not desire a warehouse receipt. A The
4licensed warehouse operator shall issue a warehouse receipt
5shall be issued to the depositor upon request by the depositor.
6The warehouse operator’s tariff shall apply for to any grain
7that is retained in open storage or placed under warehouse
8receipt as provided in section 203C.18.
92. Bulk grain deposited with a licensed warehouse operator
10for processing, cleaning, drying, shipping for the account of
11the depositor, or any other purpose shall be removed within
12thirty days from the date of deposit or such grain shall be
13determined as considered stored grain and the. The warehouse
14operator’s tariff charges shall apply to the bulk grain as
15provided in section 203C.28.
163. Grain received on deposited and subject to a scale weight
17 ticket which that fails to have the price fixed and properly
18documented on the records of the licensed warehouse operator
19shall be construed to be retained in open storage.
204. All bulk grain whether retained in open storage and
21deposited subject to a scale weight ticket or having been
22 placed on under warehouse receipt is covered by the grain
23depositors and sellers indemnity fund created in as provided in
24 chapter 203D.
255. Any grain which has been received at any An unlicensed
26warehouse and for which the operator shall not retain deposited
27bulk grain, if its actual sale price has not been fixed, and
28payment for the bulk grain has not been made within thirty days
29from receipt of the grain its date of deposit, unless covered
30 purchased by a credit-sale contract, shall be construed to be
31unlawful storage within the meaning of this chapter. Bulk
32grain received at any An unlicensed warehouse for any operator
33who retains deposited bulk gain under any other purpose
34 circumstance must either be returned return the bulk grain to
35the depositor, or disposed of dispose of the bulk grain by
-5-1order of the depositor, within thirty days from date of actual
2 the deposit of the bulk grain.
3 Sec. 12. Section 203C.25, Code 2023, is amended to read as
4follows:
5203C.25 Shrinkage adjustments — disclosures — penalties.
61. A person who, in connection with the receipt of
7corn or soybeans grain for storage, processing, or sale,
8adjusts the scale weight of the grain to compensate for the
9moisture content of the grain shall compute the amount of
10the adjustment by multiplying the scale weight of the grain
11by that factor which results in a rate of adjustment of one
12and eighteen hundredths percent of weight per one percent of
13moisture content. The use of person who uses any rate of
14weight adjustment for moisture content other than the one
15prescribed by this subsection is commits a fraudulent practice
16as defined in section 714.8. The person shall post on the
17business premises in a conspicuous place notice of the rate
18of adjustment for moisture content that is as prescribed by
19this subsection. Failure The person who fails to make this
20disclosure is commits a simple misdemeanor.
212. A person who, in connection with the receipt of grain for
22storage, processing, or sale, adjusts the quantity of the grain
23received to compensate for losses to be incurred during the
24handling, processing, or storage of the grain shall post on the
25business premises in a conspicuous place notice of the rate of
26adjustment to be made for this shrinkage. Failure The person
27who fails to make the required this disclosure is commits a
28simple misdemeanor.
293. A person who adjusts the scale weight of corn or soybeans
30both grain for moisture content and for handling, processing,
31or storage losses may combine the two adjustment factors into
32a single factor and may use this resulting factor to compute
33the amount of weight adjustment in connection with storage,
34processing, or sale transactions, provided that the person
35shall post on the business premises in a conspicuous place a
-6-1notice that discloses the moisture shrinkage factor prescribed
2by subsection 1, the handling shrinkage factor to be imposed,
3and the single factor that results from combining these
4factors. Failure The person who fails to make the required
5 this disclosure is commits a simple misdemeanor.
6 Sec. 13. Section 203C.36, subsection 2, paragraph a,
7subparagraph (3), Code 2023, is amended to read as follows:
8(3) Uses a scale weight ticket, warehouse receipt, or
9other document in violation of this chapter or requirements
10established by the department under this chapter.
11PART C
12INDEMNITY FUND
13 Sec. 14. Section 203D.1, Code 2023, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 14A. “Scale weight ticket” means the same
16as defined in section 203C.1.
17 Sec. 15. Section 203D.3, subsection 3, Code 2023, is amended
18to read as follows:
193. The fiscal assessment year of the fund begins July
20 September 1 and ends on June 30 August 31. Fiscal Assessment
21 quarters of the fund begin July September 1, October December
22 1, January March 1, and April June 1. The finances of the fund
23shall be calculated on an accrual basis in accordance with
24generally accepted accounting principles.
25 Sec. 16. Section 203D.3A, subsection 1, paragraph b,
26unnumbered paragraph 1, Code 2023, is amended to read as
27follows:
28A licensee shall pay a participation fee on four successive
29installment dates, with each installment date occurring on the
30last date of the fund’s fiscal assessment quarter as provided
31in section 203D.3. The licensee shall pay twenty-five percent
32of the total participation fee assessed on each installment
33date. However, nothing in this subsection prevents a licensee
34from paying the participation fee on an accelerated basis. A
35licensee shall pay the first installment on the last date of
-7-1the fund’s fiscal assessment quarter immediately following the
2licensee’s anniversary date.
3 Sec. 17. Section 203D.5, subsection 1, Code 2023, is amended
4to read as follows:
51. The board shall annually review the debits of and credits
6to the grain depositors and sellers indemnity fund created
7in section 203D.3 and shall determine whether to impose the
8participation fee and per-bushel fee as provided in section
9203D.3A, make adjustments to the fees effective on the previous
10July September 1, or waive the fees as necessary to comply with
11this section. The board shall make the determination not later
12than May 1 of each year. The board shall impose the fees or
13adjust the fees effective on the previous July September 1 in
14accordance with chapter 17A. The imposition or adjustment of
15the fees shall become effective as follows:
16a. For the participation fee, on the following July
17 September 1. However, the licensee shall continue to pay the
18participation fee at the rate in effect on the prior July
19 September 1, until the licensee has paid the amount owing.
20b. For a per-bushel fee, on the following July September 1.
21 Sec. 18. Section 203D.5, subsection 4, Code 2023, is amended
22to read as follows:
234. If on the last date of the fund’s fiscal assessment year
24as provided in section 203D.3 the assets of the fund exceed
25eight million dollars, less any encumbered balances or pending
26or unsettled claims, all of the following apply:
27a. The participation fee shall be waived and shall not be
28assessable or owing for the following fiscal assessment year
29of the fund. However, the licensee shall continue to pay any
30owing participation fee that was in effect on the prior July
31 September 1.
32b. The per-bushel fee shall be waived and shall not be
33assessable or owing.
34part D
35EFFECTIVE DATE
-8-1 Sec. 19. EFFECTIVE DATE. This division of this Act, being
2deemed of immediate importance, takes effect upon enactment.
3DIVISION III
4WEIGHTS AND MEASURES
5PART A
6LICENSING, INSPECTIONS, AND FEES
7 Sec. 20. Section 214.2, Code 2023, is amended to read as
8follows:
9214.2 License.
101. A person who uses or displays for use any commercial
11weighing and measuring device, as defined in section 215.1,
12shall secure must be issued a license from by the department
13for that device. The department shall issue the license after
14inspecting the device.
152. a. Except as provided in paragraph “b”, a license issued
16under subsection 1 shall expire on December 31 of each year.
17b. A license issued under subsection 1 for a motor fuel pump
18shall expire on June 30 of each year.
19 Sec. 21. Section 214.3, subsection 1, Code 2023, is amended
20by striking the subsection.
21 Sec. 22. Section 214.3, subsection 2, Code 2023, is amended
22to read as follows:
232. The A license inspection fee is imposed on a person
24who uses or displays for use a commercial weighing and
25measuring device. The license fee is due the day the device
26is placed into service department issues the license. A
27license inspection fee shall be charged to the person owning
28or operating a commercial weighing and measuring device
29inspected The amount of the license fee shall be calculated in
30accordance with the class or section for devices as established
31by handbook 44 of the United States national institute of
32standards and technology.
33 Sec. 23. Section 214.11, subsection 1, Code 2023, is amended
34to read as follows:
351. The department shall provide for annual biennial
-9-1 inspections of all motor fuel pumps, including but not limited
2to motor fuel blender pumps, licensed under this chapter.
3Inspections shall be for the purpose of determining the
4accuracy and correctness of motor fuel pumps. For that purpose
5the department’s inspectors may enter upon the premises of any
6 a wholesale dealer or a retail dealer motor fuel site.
7 Sec. 24. Section 215.2, Code 2023, is amended to read as
8follows:
9215.2 Special inspection tests — request — fees.
101. The owner or servicer of a commercial weighing and
11measuring device may request the department conduct a special
12inspection test of the device to determine its accuracy and
13correctness.
142. The fee for special tests, including but not limited to,
15using state inspection equipment, for the calibration, testing,
16certification, or repair conducting a special inspection test
17 of a commercial weighing and measuring device shall be paid
18by the owner or servicer or person requesting the special
19inspection test in accordance with the following schedule:
201. a. Class S, scales, seventy-five dollars per hour.
212. b. Class M, meters, fifty-two dollars and fifty cents
22per hour.
23 Sec. 25. REPEAL. Section 215.12, Code 2023, is repealed.
24PART B
25MOTOR FUEL STANDARDS AND CLASSIFICATIONS
26 Sec. 26. Section 159A.6, subsection 1, paragraph c, Code
272023, is amended to read as follows:
28c. Develop standards for decals required pursuant to
29section 214A.16 214A.21A, which shall be designed to promote
30the advantages of using renewable fuels. The standards may be
31incorporated within a model decal adopted by the office.
32 Sec. 27. Section 214A.1, subsection 2, Code 2023, is amended
33to read as follows:
342. “ASTM international” means a nonprofit organization,
35previously named the American society for testing and materials
-10-1international.
2 Sec. 28. Section 214A.1, Code 2023, is amended by adding the
3following new subsections:
4 NEW SUBSECTION. 33A. a. “Renewable diesel” means a motor
5fuel for use in an internal combustion engine and ignited by
6pressure without the presence of an electric spark, which
7is produced from nonfossil renewable resources, including
8agricultural plants, animal fats, residue, and waste generated
9from the production, processing, and marketing of agricultural
10products, and other renewable resources.
11b. “Renewable diesel” must meet the standards provided in
12section 214A.2.
13c. “Renewable diesel” does not include any of the following:
14(1) Biodiesel.
15(2) A fuel that has been coprocessed.
16 NEW SUBSECTION. 33B. “Renewable diesel blended fuel” means
17a blend of renewable diesel with petroleum-based diesel fuel,
18biodiesel, or a combination of petroleum-based diesel fuel and
19biodiesel, which meets the standards, including separately
20the standard for its renewable diesel component, provided in
21section 214A.2.
22 Sec. 29. Section 214A.2, subsection 4, Code 2023, is amended
23by adding the following new paragraph:
24 NEW PARAGRAPH. c. (1) If the motor fuel is advertised
25for sale or sold as renewable diesel or renewable diesel
26blended fuel, the motor fuel must meet departmental standards
27based in part or in whole on specifications adopted by ASTM
28international for renewable diesel or renewable diesel blended
29motor fuel, to every extent applicable, as determined by the
30department subject to subparagraph (2).
31(2) Renewable diesel must at least meet departmental
32standards based in whole or in part on ASTM international
33specification D975, or a successor ASTM international
34specification, established by rule. The specification shall
35apply to renewable diesel before it leaves its place of
-11-1manufacture.
2 Sec. 30. Section 214A.2, subsection 5, Code 2023, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. d. (1) Renewable diesel shall be classified
5RD-100.
6(2) Renewable diesel blended fuel shall be classified RD-xx
7where “xx” is the volume percent of renewable diesel.
8 Sec. 31. Section 214A.2B, Code 2023, is amended to read as
9follows:
10214A.2B Laboratory for motor fuel and biofuels fuels,
11biofuels, and renewable fuels.
12A laboratory for motor fuel and biofuels is established at a
13community college which is engaged in biofuels testing on July
141, 2007, and which testing includes but is not limited to The
15Iowa central fuel testing laboratory at Iowa central community
16college shall test motor fuels, biofuels, and renewable fuels,
17including but not limited to B-20 biodiesel fuel testing for
18use by motor trucks and the ability of biofuels to meet ASTM
19international standards. The laboratory shall conduct the
20 testing of motor fuel fuels sold in this state and biofuel
21which is biofuels blended in with motor fuel fuels in this
22state to ensure that the motor fuel or fuels, biofuels, and
23renewable fuels meet the requirements departmental standards
24 in section 214A.2.
25PART C
26CODE EDITOR DIRECTIVE
27 Sec. 32. CODE EDITOR DIRECTIVE.
281. The Code editor is directed to make the following
29transfer:
30Section 214A.16 to section 214A.21A.
312. The Code editor shall correct internal references in the
32Code and in any enacted legislation as necessary due to the
33enactment of this section.
34DIVISION IV
35WATER QUALITY
-12-1 Sec. 33. Section 466B.43, subsection 6, Code 2023, is
2amended to read as follows:
36. By October 1, 2019, and each October 1 thereafter of
4each year, the division shall submit a report to the governor
5and the general assembly itemizing expenditures, by hydrologic
6unit code 8 watershed, under the programs, if any, during the
7previous fiscal year, if any.
8 Sec. 34. Section 466B.44, subsection 5, Code 2023, is
9amended to read as follows:
105. Notwithstanding any other provision in this section
11to the contrary, beginning on July 1, 2018, the division
12may use any amount available to support the water quality
13urban infrastructure program to instead extend do any of the
14following:
15a. Extendand support the three-year data collection of
16in-field agricultural practices project as enacted in 2015 Iowa
17Acts, ch.132, §18.
18b. Support water quality agriculture infrastructure programs
19created in section 466B.43, to the extent that moneys are not
20obligated or encumbered during a fiscal year to adequately
21support all urban infrastructure program projects that meet the
22division’s requirements.
23 Sec. 35. Section 466B.44, subsection 7, Code 2023, is
24amended to read as follows:
257. By October 1, 2019, and by October 1 of each year
26thereafter, the division shall submit a report to the governor
27and the general assembly itemizing expenditures under the
28program, if any, during the previous fiscal year.
da/ns/md
2and enforced by the department of agriculture and land
3stewardship, providing fees, providing for the allocation of
4moneys, making penalties applicable, and including effective
5date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2REGULATION OF COMMERCIAL ESTABLISHMENTS
3 Section 1. Section 162.2, subsection 19, Code 2023, is
4amended by striking the subsection and inserting in lieu
5thereof the following:
619. “Pet shop” means a facility where vertebrate animals,
7excluding fish, not born and reared on the facility’s premises
8are bought, sold, exchanged, or offered for sale or exchange to
9the public, at retail. “Pet shop” does not include a facility
10if one of the following applies:
11a. The facility receives less than one thousand dollars from
12the sale or exchange of vertebrate animals, excluding fish,
13during a twelve-month period.
14b. The facility sells or exchanges less than twelve
15vertebrate animals, excluding fish, during a twelve-month
16period.
17 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code
182023, is amended to read as follows:
19d. The person’s An official government-issued photo
20 identification number of the person. Notwithstanding chapter
2122, the department shall keep the person’s tax identification
22number confidential except for purposes of tax administration
23by the department of revenue, including as provided in section
24421.18.
25DIVISION II
26GRAIN REGULATION
27PART A
28GRAIN DEALERS
29 Sec. 3. Section 203.1, Code 2023, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 12A. “Scale weight ticket” means the same
32as defined in section 203C.1.
33 Sec. 4. Section 203.5, subsection 8, paragraph a, Code 2023,
34is amended to read as follows:
35a. The applicant has caused liability to the Iowa grain
-1-1depositors and sellers indemnity fund in regard to a license
2issued under this chapter or chapter 203C, and the liability
3has not been discharged, settled, or satisfied.
4 Sec. 5. Section 203.11, subsection 2, paragraph a,
5subparagraph (3), Code 2023, is amended to read as follows:
6(3) Uses a scale weight ticket or credit-sale contract in
7violation of this chapter or a requirement established by the
8department under this chapter.
9 Sec. 6. Section 203.15, subsection 2, paragraph f, Code
102023, is amended to read as follows:
11f. The duration of the credit-sale contract, which shall
12not exceed twelve fifteen months from the date the contract is
13executed.
14 Sec. 7. Section 203.17, Code 2023, is amended to read as
15follows:
16203.17 Documents and records.
171. The department may adopt rules specifying the form,
18content, use, and maintenance of documents issued by a grain
19dealer under this chapter including but not limited to scale
20weight tickets, settlement sheets, daily position records, and
21credit-sale contracts. The department may adopt rules for
22both printed and electronic documents, including rules for
23the transmission, receipt, authentication, and archiving of
24electronically generated or stored documents.
252. All scale weight ticket forms in the possession of a
26grain dealer shall have been permanently and consecutively
27numbered at the time of printing. A grain dealer shall
28maintain an accurate record of all scale weight ticket numbers.
29The record shall include the disposition of each numbered form,
30whether issued, destroyed, or otherwise disposed of.
31 Sec. 8. Section 203.20, Code 2023, is amended to read as
32follows:
33203.20 Shrinkage adjustments — disclosures — penalties.
341. A person who, in connection with the receipt of
35corn or soybeans grain for storage, processing, or sale,
-2-1adjusts the scale weight of the grain to compensate for the
2moisture content of the grain shall compute the amount of
3the adjustment by multiplying the scale weight of the grain
4by that factor which results in a rate of adjustment of one
5and eighteen hundredths percent of weight per one percent of
6moisture content. The use of person who uses any rate of
7weight adjustment for moisture content other than the one
8prescribed by this subsection is commits a fraudulent practice
9as defined in section 714.8. The person shall post on the
10business premises in a conspicuous place notice of the rate
11of adjustment for moisture content that is as prescribed by
12this subsection. Failure The person who fails to make this
13disclosure is commits a simple misdemeanor.
142. A person who, in connection with the receipt of grain for
15storage, processing, or sale, adjusts the quantity of the grain
16received to compensate for losses to be incurred during the
17handling, processing, or storage of the grain shall post on the
18business premises in a conspicuous place notice of the rate of
19adjustment to be made for this shrinkage. Failure The person
20who fails to make the required this disclosure is commits a
21simple misdemeanor.
223. A person who adjusts the scale weight of corn or soybeans
23both grain for moisture content and for handling, processing,
24or storage losses may combine the two adjustment factors into
25a single factor and may use this resulting factor to compute
26the amount of weight adjustment in connection with storage,
27processing, or sale transactions, provided that the person
28shall post on the business premises in a conspicuous place a
29notice that discloses the moisture shrinkage factor prescribed
30by subsection 1, the handling shrinkage factor to be imposed,
31and the single factor that results from combining these
32factors. Failure The person who fails to make the required
33 this disclosure is commits a simple misdemeanor.
34Part b
35WAREHOUSE OPERATORS
-3-1 Sec. 9. Section 203C.5, subsection 2, Code 2023, is amended
2to read as follows:
32. a. The department may adopt rules specifying the
4form, content, and use of documents issued by a warehouse
5operator under this chapter including but not limited to scale
6weight tickets, warehouse receipts, settlement sheets, and
7daily position records. The department may adopt rules for
8both printed and electronic documents, including rules for
9the transmission, receipt, authentication, and archiving of
10electronically generated or stored documents.
11b. All scale weight ticket forms and warehouse receipt
12forms in the possession of a warehouse operator shall have been
13permanently and consecutively numbered at the time of printing.
14A warehouse operator shall maintain an accurate record of
15the numbers of these documents. The record shall include
16the disposition of each form, whether issued, destroyed, or
17otherwise disposed of. The department may by rule require this
18use of prenumbered forms and recording for documents other than
19scale weight tickets and warehouse receipts.
20 Sec. 10. Section 203C.6, subsection 8, paragraph a, Code
212023, is amended to read as follows:
22a. The applicant has caused liability to the Iowa grain
23depositors and sellers indemnity fund through operations under
24a license issued under this chapter or chapter 203, and the
25liability has not been discharged, settled, or satisfied.
26 Sec. 11. Section 203C.17, subsections 1, 2, 3, 4, and 5,
27Code 2023, are amended to read as follows:
281. Any grain which has been received at any Grain deposited
29with a licensed warehouse operator for which the actual sale
30price is has not been fixed and either proper documentation
31made has not been furnished or payment has not been made shall
32be construed to be grain held for storage within the meaning of
33this chapter. Grain may be held considered stored grain and
34may be retained in open storage or placed on under warehouse
35receipt. A warehouse receipt shall be issued for all grain
-4-1held in open storage within one year from the date of delivery
2to the warehouse, unless the depositor has signed a statement
3that the depositor does not desire a warehouse receipt. A The
4licensed warehouse operator shall issue a warehouse receipt
5shall be issued to the depositor upon request by the depositor.
6The warehouse operator’s tariff shall apply for to any grain
7that is retained in open storage or placed under warehouse
8receipt as provided in section 203C.18.
92. Bulk grain deposited with a licensed warehouse operator
10for processing, cleaning, drying, shipping for the account of
11the depositor, or any other purpose shall be removed within
12thirty days from the date of deposit or such grain shall be
13determined as considered stored grain and the. The warehouse
14operator’s tariff charges shall apply to the bulk grain as
15provided in section 203C.28.
163. Grain received on deposited and subject to a scale weight
17 ticket which that fails to have the price fixed and properly
18documented on the records of the licensed warehouse operator
19shall be construed to be retained in open storage.
204. All bulk grain whether retained in open storage and
21deposited subject to a scale weight ticket or having been
22 placed on under warehouse receipt is covered by the grain
23depositors and sellers indemnity fund created in as provided in
24 chapter 203D.
255. Any grain which has been received at any An unlicensed
26warehouse and for which the operator shall not retain deposited
27bulk grain, if its actual sale price has not been fixed, and
28payment for the bulk grain has not been made within thirty days
29from receipt of the grain its date of deposit, unless covered
30 purchased by a credit-sale contract, shall be construed to be
31unlawful storage within the meaning of this chapter. Bulk
32grain received at any An unlicensed warehouse for any operator
33who retains deposited bulk gain under any other purpose
34 circumstance must either be returned return the bulk grain to
35the depositor, or disposed of dispose of the bulk grain by
-5-1order of the depositor, within thirty days from date of actual
2 the deposit of the bulk grain.
3 Sec. 12. Section 203C.25, Code 2023, is amended to read as
4follows:
5203C.25 Shrinkage adjustments — disclosures — penalties.
61. A person who, in connection with the receipt of
7corn or soybeans grain for storage, processing, or sale,
8adjusts the scale weight of the grain to compensate for the
9moisture content of the grain shall compute the amount of
10the adjustment by multiplying the scale weight of the grain
11by that factor which results in a rate of adjustment of one
12and eighteen hundredths percent of weight per one percent of
13moisture content. The use of person who uses any rate of
14weight adjustment for moisture content other than the one
15prescribed by this subsection is commits a fraudulent practice
16as defined in section 714.8. The person shall post on the
17business premises in a conspicuous place notice of the rate
18of adjustment for moisture content that is as prescribed by
19this subsection. Failure The person who fails to make this
20disclosure is commits a simple misdemeanor.
212. A person who, in connection with the receipt of grain for
22storage, processing, or sale, adjusts the quantity of the grain
23received to compensate for losses to be incurred during the
24handling, processing, or storage of the grain shall post on the
25business premises in a conspicuous place notice of the rate of
26adjustment to be made for this shrinkage. Failure The person
27who fails to make the required this disclosure is commits a
28simple misdemeanor.
293. A person who adjusts the scale weight of corn or soybeans
30both grain for moisture content and for handling, processing,
31or storage losses may combine the two adjustment factors into
32a single factor and may use this resulting factor to compute
33the amount of weight adjustment in connection with storage,
34processing, or sale transactions, provided that the person
35shall post on the business premises in a conspicuous place a
-6-1notice that discloses the moisture shrinkage factor prescribed
2by subsection 1, the handling shrinkage factor to be imposed,
3and the single factor that results from combining these
4factors. Failure The person who fails to make the required
5 this disclosure is commits a simple misdemeanor.
6 Sec. 13. Section 203C.36, subsection 2, paragraph a,
7subparagraph (3), Code 2023, is amended to read as follows:
8(3) Uses a scale weight ticket, warehouse receipt, or
9other document in violation of this chapter or requirements
10established by the department under this chapter.
11PART C
12INDEMNITY FUND
13 Sec. 14. Section 203D.1, Code 2023, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 14A. “Scale weight ticket” means the same
16as defined in section 203C.1.
17 Sec. 15. Section 203D.3, subsection 3, Code 2023, is amended
18to read as follows:
193. The fiscal assessment year of the fund begins July
20 September 1 and ends on June 30 August 31. Fiscal Assessment
21 quarters of the fund begin July September 1, October December
22 1, January March 1, and April June 1. The finances of the fund
23shall be calculated on an accrual basis in accordance with
24generally accepted accounting principles.
25 Sec. 16. Section 203D.3A, subsection 1, paragraph b,
26unnumbered paragraph 1, Code 2023, is amended to read as
27follows:
28A licensee shall pay a participation fee on four successive
29installment dates, with each installment date occurring on the
30last date of the fund’s fiscal assessment quarter as provided
31in section 203D.3. The licensee shall pay twenty-five percent
32of the total participation fee assessed on each installment
33date. However, nothing in this subsection prevents a licensee
34from paying the participation fee on an accelerated basis. A
35licensee shall pay the first installment on the last date of
-7-1the fund’s fiscal assessment quarter immediately following the
2licensee’s anniversary date.
3 Sec. 17. Section 203D.5, subsection 1, Code 2023, is amended
4to read as follows:
51. The board shall annually review the debits of and credits
6to the grain depositors and sellers indemnity fund created
7in section 203D.3 and shall determine whether to impose the
8participation fee and per-bushel fee as provided in section
9203D.3A, make adjustments to the fees effective on the previous
10July September 1, or waive the fees as necessary to comply with
11this section. The board shall make the determination not later
12than May 1 of each year. The board shall impose the fees or
13adjust the fees effective on the previous July September 1 in
14accordance with chapter 17A. The imposition or adjustment of
15the fees shall become effective as follows:
16a. For the participation fee, on the following July
17 September 1. However, the licensee shall continue to pay the
18participation fee at the rate in effect on the prior July
19 September 1, until the licensee has paid the amount owing.
20b. For a per-bushel fee, on the following July September 1.
21 Sec. 18. Section 203D.5, subsection 4, Code 2023, is amended
22to read as follows:
234. If on the last date of the fund’s fiscal assessment year
24as provided in section 203D.3 the assets of the fund exceed
25eight million dollars, less any encumbered balances or pending
26or unsettled claims, all of the following apply:
27a. The participation fee shall be waived and shall not be
28assessable or owing for the following fiscal assessment year
29of the fund. However, the licensee shall continue to pay any
30owing participation fee that was in effect on the prior July
31 September 1.
32b. The per-bushel fee shall be waived and shall not be
33assessable or owing.
34part D
35EFFECTIVE DATE
-8-1 Sec. 19. EFFECTIVE DATE. This division of this Act, being
2deemed of immediate importance, takes effect upon enactment.
3DIVISION III
4WEIGHTS AND MEASURES
5PART A
6LICENSING, INSPECTIONS, AND FEES
7 Sec. 20. Section 214.2, Code 2023, is amended to read as
8follows:
9214.2 License.
101. A person who uses or displays for use any commercial
11weighing and measuring device, as defined in section 215.1,
12shall secure must be issued a license from by the department
13for that device. The department shall issue the license after
14inspecting the device.
152. a. Except as provided in paragraph “b”, a license issued
16under subsection 1 shall expire on December 31 of each year.
17b. A license issued under subsection 1 for a motor fuel pump
18shall expire on June 30 of each year.
19 Sec. 21. Section 214.3, subsection 1, Code 2023, is amended
20by striking the subsection.
21 Sec. 22. Section 214.3, subsection 2, Code 2023, is amended
22to read as follows:
232. The A license inspection fee is imposed on a person
24who uses or displays for use a commercial weighing and
25measuring device. The license fee is due the day the device
26is placed into service department issues the license. A
27license inspection fee shall be charged to the person owning
28or operating a commercial weighing and measuring device
29inspected The amount of the license fee shall be calculated in
30accordance with the class or section for devices as established
31by handbook 44 of the United States national institute of
32standards and technology.
33 Sec. 23. Section 214.11, subsection 1, Code 2023, is amended
34to read as follows:
351. The department shall provide for annual biennial
-9-1 inspections of all motor fuel pumps, including but not limited
2to motor fuel blender pumps, licensed under this chapter.
3Inspections shall be for the purpose of determining the
4accuracy and correctness of motor fuel pumps. For that purpose
5the department’s inspectors may enter upon the premises of any
6 a wholesale dealer or a retail dealer motor fuel site.
7 Sec. 24. Section 215.2, Code 2023, is amended to read as
8follows:
9215.2 Special inspection tests — request — fees.
101. The owner or servicer of a commercial weighing and
11measuring device may request the department conduct a special
12inspection test of the device to determine its accuracy and
13correctness.
142. The fee for special tests, including but not limited to,
15using state inspection equipment, for the calibration, testing,
16certification, or repair conducting a special inspection test
17 of a commercial weighing and measuring device shall be paid
18by the owner or servicer or person requesting the special
19inspection test in accordance with the following schedule:
201. a. Class S, scales, seventy-five dollars per hour.
212. b. Class M, meters, fifty-two dollars and fifty cents
22per hour.
23 Sec. 25. REPEAL. Section 215.12, Code 2023, is repealed.
24PART B
25MOTOR FUEL STANDARDS AND CLASSIFICATIONS
26 Sec. 26. Section 159A.6, subsection 1, paragraph c, Code
272023, is amended to read as follows:
28c. Develop standards for decals required pursuant to
29section 214A.16 214A.21A, which shall be designed to promote
30the advantages of using renewable fuels. The standards may be
31incorporated within a model decal adopted by the office.
32 Sec. 27. Section 214A.1, subsection 2, Code 2023, is amended
33to read as follows:
342. “ASTM international” means a nonprofit organization,
35previously named the American society for testing and materials
-10-1international.
2 Sec. 28. Section 214A.1, Code 2023, is amended by adding the
3following new subsections:
4 NEW SUBSECTION. 33A. a. “Renewable diesel” means a motor
5fuel for use in an internal combustion engine and ignited by
6pressure without the presence of an electric spark, which
7is produced from nonfossil renewable resources, including
8agricultural plants, animal fats, residue, and waste generated
9from the production, processing, and marketing of agricultural
10products, and other renewable resources.
11b. “Renewable diesel” must meet the standards provided in
12section 214A.2.
13c. “Renewable diesel” does not include any of the following:
14(1) Biodiesel.
15(2) A fuel that has been coprocessed.
16 NEW SUBSECTION. 33B. “Renewable diesel blended fuel” means
17a blend of renewable diesel with petroleum-based diesel fuel,
18biodiesel, or a combination of petroleum-based diesel fuel and
19biodiesel, which meets the standards, including separately
20the standard for its renewable diesel component, provided in
21section 214A.2.
22 Sec. 29. Section 214A.2, subsection 4, Code 2023, is amended
23by adding the following new paragraph:
24 NEW PARAGRAPH. c. (1) If the motor fuel is advertised
25for sale or sold as renewable diesel or renewable diesel
26blended fuel, the motor fuel must meet departmental standards
27based in part or in whole on specifications adopted by ASTM
28international for renewable diesel or renewable diesel blended
29motor fuel, to every extent applicable, as determined by the
30department subject to subparagraph (2).
31(2) Renewable diesel must at least meet departmental
32standards based in whole or in part on ASTM international
33specification D975, or a successor ASTM international
34specification, established by rule. The specification shall
35apply to renewable diesel before it leaves its place of
-11-1manufacture.
2 Sec. 30. Section 214A.2, subsection 5, Code 2023, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. d. (1) Renewable diesel shall be classified
5RD-100.
6(2) Renewable diesel blended fuel shall be classified RD-xx
7where “xx” is the volume percent of renewable diesel.
8 Sec. 31. Section 214A.2B, Code 2023, is amended to read as
9follows:
10214A.2B Laboratory for motor fuel and biofuels fuels,
11biofuels, and renewable fuels.
12A laboratory for motor fuel and biofuels is established at a
13community college which is engaged in biofuels testing on July
141, 2007, and which testing includes but is not limited to The
15Iowa central fuel testing laboratory at Iowa central community
16college shall test motor fuels, biofuels, and renewable fuels,
17including but not limited to B-20 biodiesel fuel testing for
18use by motor trucks and the ability of biofuels to meet ASTM
19international standards. The laboratory shall conduct the
20 testing of motor fuel fuels sold in this state and biofuel
21which is biofuels blended in with motor fuel fuels in this
22state to ensure that the motor fuel or fuels, biofuels, and
23renewable fuels meet the requirements departmental standards
24 in section 214A.2.
25PART C
26CODE EDITOR DIRECTIVE
27 Sec. 32. CODE EDITOR DIRECTIVE.
281. The Code editor is directed to make the following
29transfer:
30Section 214A.16 to section 214A.21A.
312. The Code editor shall correct internal references in the
32Code and in any enacted legislation as necessary due to the
33enactment of this section.
34DIVISION IV
35WATER QUALITY
-12-1 Sec. 33. Section 466B.43, subsection 6, Code 2023, is
2amended to read as follows:
36. By October 1, 2019, and each October 1 thereafter of
4each year, the division shall submit a report to the governor
5and the general assembly itemizing expenditures, by hydrologic
6unit code 8 watershed, under the programs, if any, during the
7previous fiscal year, if any.
8 Sec. 34. Section 466B.44, subsection 5, Code 2023, is
9amended to read as follows:
105. Notwithstanding any other provision in this section
11to the contrary, beginning on July 1, 2018, the division
12may use any amount available to support the water quality
13urban infrastructure program to instead extend do any of the
14following:
15a. Extendand support the three-year data collection of
16in-field agricultural practices project as enacted in 2015 Iowa
17Acts, ch.132, §18.
18b. Support water quality agriculture infrastructure programs
19created in section 466B.43, to the extent that moneys are not
20obligated or encumbered during a fiscal year to adequately
21support all urban infrastructure program projects that meet the
22division’s requirements.
23 Sec. 35. Section 466B.44, subsection 7, Code 2023, is
24amended to read as follows:
257. By October 1, 2019, and by October 1 of each year
26thereafter, the division shall submit a report to the governor
27and the general assembly itemizing expenditures under the
28program, if any, during the previous fiscal year.
da/ns/md