Text: S05006 Text: S05008 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2034 as follows: 1 2 #1. Page 1 by inserting before line 1, the 1 3 following: 1 4 "Sec. . Section 9H.1, Code 1995, is amended by 1 5 adding the following new subsections: 1 6 NEW SUBSECTION. 2A. "Animal weight capacity" 1 7 means the same as defined in section 455B.161. 1 8 NEW SUBSECTION. 5A. "Confinement feeding 1 9 operation" means the same as defined in section 1 10 455B.161. 1 11 NEW SUBSECTION. 5B. "Confinement swine feeding 1 12 enterprise" means the same as defined in section 1 13 335.2. 1 14 Sec. . Section 9H.5A, subsection 3, paragraph 1 15 g, Code Supplement 1995, is amended to read as 1 16 follows: 1 17 g. The approximate number of livestock, including 1 18 cattle, sheep, swine, ostriches, rheas, emus, or 1 19 poultry, owned, contracted for, or kept by the 1 20 corporation, limited liability company, trust, or 1 21 limited partnership, and; the approximate number of 1 22 offspring produced from the livestock; and for each 1 23 county the animal weight capacity of each confinement 1 24 feeding operation in which swine are fed. 1 25 Sec. . Section 9H.5B, Code 1995, is amended by 1 26 adding the following new subsection: 1 27 NEW SUBSECTION. 4. For each county, the animal 1 28 weight capacity of each confinement feeding operation 1 29 in which swine are fed pursuant to a care and feeding 1 30 contract in which the contract feeder is a party. 1 31 Sec. . NEW SECTION. 9H.5C REPORTS BY 1 32 CONFINEMENT FEEDING OPERATIONS. 1 33 A person who owns one or more confinement feeding 1 34 operations having a total animal weight capacity of 1 35 thirty million pounds or more shall file with the 1 36 secretary of state on or before March 31 of each year 1 37 a report stating all of the following: 1 38 1. The name and address of the person. 1 39 2. The total animal weight capacity of all 1 40 confinement feeding operations which are owned by the 1 41 person. 1 42 3. For each county, the animal weight capacity of 1 43 all confinement feeding operations which are owned by 1 44 the person. 1 45 4. Whether the person is required to file a report 1 46 as a contract feeder pursuant to section 9H.5B. 1 47 Sec. . Section 9H.14, Code 1995, is amended to 1 48 read as follows: 1 49 9H.14 DUTIES OF SECRETARY OF STATE. 1 50 1.The secretary of state shall notify the2 1attorney general when the secretary of state has2 2reason to believe a violation of this chapter has2 3occurred. It is the intent of this section that2 4informationInformation compiled from reports required 2 5 under this section shall be made available to members 2 6 of the general assembly and appropriate committees of 2 7 the general assembly in order to determine the extent 2 8 of farming being carried out in this state by 2 9 corporations and other business entities and the 2 10 effect of such farming practices upon the economy of 2 11 this state. The secretary of state shall assist any 2 12 committee of the general assembly existing or 2 13 established for the purposes of studying the effects 2 14 of this chapter and the practices this chapter seeks 2 15 to study and regulate. 2 16 2.TheNotwithstanding chapter 22, reports of 2 17 corporations, limited liability companies, limited 2 18 partnerships, trusts, contractors, and processors 2 19 required in this chapter shall be confidentialreports2 20except as to the. However, the reports may be made 2 21 available to the attorney general for review and 2 22 appropriate action when necessary. Information 2 23 regarding confinement swine feeding enterprises shall 2 24 not be confidential. 2 25 3. The secretary of state shallassist any2 26committee of the general assembly existing or2 27established for the purposes of studying the effects2 28of this chapter and the practices this chapter seeks2 29to study and regulateeach year compile information 2 30 regarding commercial confinement swine feeding 2 31 enterprises. The information shall be made available 2 32 upon request to a county. The information may be 2 33 compiled from reports required to be filed pursuant to 2 34 this chapter, including sections 9H.5A, 9H.5B, 9H.5C, 2 35 and financing statements required to be filed pursuant 2 36 to section 554.9401." 2 37 #2. Page 1, by striking lines 5 through 18, and 2 38 inserting the following: 2 39 "a. "Agricultural purpose" means any use connected 2 40 or related to farming. 2 41 b. "Animal feeding operation structure" means the 2 42 same as defined in section 455B.161. 2 43 c. "Animal weight capacity" means the same as 2 44 defined in section 455B.161. 2 45 d. "Confinement feeding operation" means the same 2 46 as defined in section 455B.161. 2 47 e. "Confinement swine feeding enterprise" means a 2 48 person who owns or is a party to a contract for the 2 49 care and feeding of swine, and one of the following 2 50 applies to confinement feeding operations in which the 3 1 person has an interest and to confinement feeding 3 2 operations feeding swine subject to a care and feeding 3 3 contract to which the person is a party: 3 4 (1) The animal weight capacity of a confinement 3 5 feeding operation at the location subject to an 3 6 ordinance adopted under this chapter is seven hundred 3 7 fifty thousand pounds or more. 3 8 (2) The total animal weight capacity of 3 9 confinement feeding operations located in the same 3 10 county where a confinement feeding operation is 3 11 subject to an ordinance adopted under this chapter is 3 12 one million five hundred thousand pounds or more. 3 13 (3) The total animal weight capacity of 3 14 confinement feeding operations located in the state is 3 15 thirty million pounds or more." 3 16 #3. Page 1, line 21, by striking the words "this 3 17 section" and inserting the following: "subsection 3". 3 18 #4. By striking page 1, line 28, through page 2, 3 19 line 24, and inserting the following: 3 20 "3. Subsection 2 shall not apply to any of the 3 21 following: 3 22 a. Land where there is located a confinement 3 23 feeding operation, including a related animal feeding 3 24 operation structure, if the confinement feeding 3 25 operation is part of a confinement swine feeding 3 26 enterprise." 3 27 #5. Page 2, line 25, by striking the letter "a" 3 28 and inserting the following: "b". 3 29 #6. Page 2, line 27, by striking the letter "b" 3 30 and inserting the following: "c". 3 31 #7. Page 2, by inserting after line 28, the 3 32 following: 3 33 "Sec. . Section 554.9402, subsection 1, Code 3 34 1995, is amended to read as follows: 3 35 1. A financing statement is sufficient if it gives 3 36 the names of the debtor and the secured party, is 3 37 signed by the debtor, gives an address of the secured 3 38 party from which information concerning the security 3 39 interest may be obtained, gives a mailing address of 3 40 the debtor and contains a statement indicating the 3 41 types, or describing the items, of collateral. A 3 42 financing statement may be filed before a security 3 43 agreement is made or a security interest otherwise 3 44 attaches. When the financing statement covers crops 3 45 growing or to be grown, the statement must also 3 46 contain a description of the real estate concerned. 3 47 When a financing statement covers swine fed in a 3 48 confinement feeding operation as defined in section 3 49 455B.161, the financing statement shall state the 3 50 animal weight capacity of the confinement feeding 4 1 operation as verified by the debtor. When the 4 2 financing statement covers timber to be cut or covers 4 3 minerals or the like (including oil and gas) or 4 4 accounts subject to section 554.9103, subsection 5, or 4 5 when the financing statement is filed as a fixture 4 6 filing (section 554.9313) and the collateral is goods 4 7 which are or are to become fixtures, the statement 4 8 must also comply with subsection 5. A copy of the 4 9 security agreement is sufficient as a financing 4 10 statement if it contains the above information and is 4 11 signed by the debtor. A copy of a jobs training 4 12 agreement entered into under chapter 260E or 260F 4 13 between an employer and a community college is 4 14 sufficient as a financing statement if it contains the 4 15 information required by this section and is signed by 4 16 the employer. A carbon, photographic or other 4 17 reproduction of a security agreement or a financing 4 18 statement is sufficient as a financing statement if 4 19 the security agreement so provides or if the original 4 20 has been filed in this state. The secretary of state 4 21 must accept for filing a copy of a signature required 4 22 by this section. The secretary of state may adopt 4 23 rules for the electronic filing of a financing 4 24 statement. 4 25 Sec. . Section 554.9402, subsection 3, Code 4 26 1995, is amended to read as follows: 4 27 3. A form substantially as follows is sufficient 4 28 to comply with subsection 1: 4 29 Name of debtor (or assignor) ...................... 4 30 Address ........................................... 4 31 Name of secured party (or assignee)................ 4 32 Address ........................................... 4 33 (1) This financing statement covers the following 4 34 types (or items) of property: 4 35 (Describe) ........................................ 4 36 (2) (If collateral is crops) The above described 4 37 crops are growing or are to be grown on: 4 38 (Describe Real Estate) ............................ 4 39 (3) (If collateral is swine fed in a confinement 4 40 feeding operation) The above described swine are fed 4 41 in a confinement feeding operation that has an animal 4 42 weight capacity of: 4 43 (State animal weight capacity) .................... 4 44(3)(4) (If applicable) The above goods are to 4 45 become fixtures on 4 46 Where appropriate either add or substitute "The 4 47 above timber is standing on ........" or "The above 4 48 minerals or the like (including oil and gas) are 4 49 located on ........" or "The above accounts will be 4 50 financed at the wellhead or minehead of the well or 5 1 mine located on ......" or any or all of these 5 2 (Describe Real Estate)............................. 5 3 and this financing statement is to be filed for record 5 4 in the real estate records. (If the debtor does not 5 5 have an interest of record) The name of a record owner 5 6 is .................... 5 7(4)(5) (If products of collateral are claimed) 5 8 Products of the collateral are also covered. 5 9 (use whichever is applicable)...................... 5 10 Signature of Debtor (or Assignor).................. 5 11 Signature of Secured Party (or Assignee) 5 12 .........." 5 13 #8. By renumbering and relettering as necessary. 5 14 5 15 5 16 5 17 TOM FLYNN 5 18 SF 2034.704 76 5 19 da/sc
Text: S05006 Text: S05008 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
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