Text: HF02389 Text: HF02391 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 169A.4, Code 1995, is amended to read 1 2 as follows: 1 3 169A.4 RECORDING – FEE. 1 4AnyA person desiring to adopt a brand shall forward to the 1 5 secretarypropera brand application on formsof suchapproved 1 6 by the secretary and providing for the desired brand, together 1 7 with a recording fee in an amount established by rule of the 1 8 secretary pursuant to chapter 17A, which. The fee amount 1 9 shall be based upon the administrative costs of maintaining 1 10 the brand program provided for by this chapter. Upon receipt 1 11of such, the secretary shall file the application and fee,the1 12secretary shall file the same andunlesssuchthe brand is of 1 13 recordas thatofsome otheranother person or conflicts with 1 14 or closely resembles the brand of another person, the1 15secretary shall record the same. If the secretary determines 1 16 that such brand is of record or conflicts with or closely 1 17 resembles the brand of another person, the secretary shall not 1 18 record it but shall returnsuchthe facsimile and fee to the 1 19 forwarding person. However, the secretary shall renew a 1 20 conflicting brand, if the brand was originally recorded prior 1 21 to the effective date of this Act, and the brand is renewed as 1 22 provided in section 169A.13. The department may notify each 1 23 owner of a conflicting brand that the owner may record a 1 24 nonconflicting brand. The power of examination, approval, 1 25 acceptance, or rejection shall be vested in the secretary.It1 26shall be the duty of theThe secretarytoshall file all 1 27 brands offered for record pending the examination provided for 1 28 in this section. The secretary shall make such examination as 1 29 promptly as possible. If the brand is accepted, the brand's 1 30 ownershipthereofshall vest in the person recording it from 1 31 the date of filing. 1 32 Sec. 2. Section 169A.16, Code Supplement 1995, is 1 33 repealed. 1 34 EXPLANATION 1 35 Last year the general assembly enacted 1995 Iowa Acts, 2 1 chapter 60 (Senate File 402) which amended chapter 169A, 2 2 providing for brands registered with the department of 2 3 agriculture and land stewardship. Part of the bill provided 2 4 that the department must eliminate brands which are duplicated 2 5 effective July 1, 1996. This bill eliminates that provision, 2 6 and provides that the secretary must renew a conflicting 2 7 brand, if the brand was originally recorded prior to the 2 8 effective date of this bill, and the brand is a renewal as 2 9 provided in the chapter. 2 10 LSB 4359HV 76 2 11 da/sc/14
Text: HF02389 Text: HF02391 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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