Text: S05161 Text: S05163 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Amend Senate File 2037 as follows: 1 2 #1. Page 1, by striking lines 1 through 28 and 1 3 inserting the following: 1 4 "Sec. . Section 335.2, Code 1995, is amended to 1 5 read as follows: 1 6 335.2FARMSAGRICULTURAL USES EXEMPT. 1 7 1. As used in this section: 1 8 a. "Animal feeding operation" means a lot, yard, 1 9 corral, building, or other area in which animals are 1 10 confined and fed and maintained for forty-five days or 1 11 more in any twelve-month period, and all structures 1 12 used for the storage of manure from animals in the 1 13 operation. Two or more animal feeding operations 1 14 under common ownership or management are deemed to be 1 15 a single animal feeding operation if they are adjacent 1 16 or utilize a common system for manure storage. An 1 17 animal feeding operation does not include a livestock 1 18 market. 1 19 b. "Agricultural purpose" means any use connected 1 20 or related to farming. 1 21 c. "Farm animal feeding operation" means an animal 1 22 feeding operation other than an industrial feeding 1 23 operation. 1 24 d. "Farming" means the same as defined in section 1 25 9H.1. 1 26 e. "Industrial feeding operation structure" means 1 27 an animal feeding operation structure as defined in 1 28 section 455B.161 which is part of an industrial 1 29 feeding operation. 1 30 f. "Partially zoned county" means an unzoned 1 31 county in which is established an agricultural area 1 32 pursuant to section 352.6 or an area subject to zoning 1 33 pursuant to this chapter, if the county has not 1 34 adopted countywide zoning pursuant to chapter 335. 1 35 g. "Production inputs" means feed, supplies, and 1 36 veterinary medicine used to feed or breed livestock, 1 37 but does not include labor, construction materials, 1 38 equipment, or tools. 1 39 h. "Unzoned county" means a county which has not 1 40 adopted zoning pursuant to this chapter, if no part of 1 41 the county is subject to partial zoning. 1 42 i. "Zoned county" means a county which has adopted 1 43 zoning on a countywide basis as provided in this 1 44 chapter. 1 45 2. As used in this section, "industrial feeding 1 46 operation" means an animal feeding operation, if the 1 47 operation contains six hundred twenty-five thousand or 1 48 more pounds animal weight capacity for all animal 1 49 species other than beef cattle, or one million six 1 50 hundred thousand or more pounds animal weight capacity 2 1 for beef cattle, or fails to meet one of the following 2 2 criteria: 2 3 a. The owner of the agricultural land where an 2 4 animal feeding operation is located is qualified to 2 5 file for a homestead tax credit as provided pursuant 2 6 to section 425.2 or a family farm tax credit as 2 7 provided in section 425A.4 in the county where the 2 8 agricultural land is located. However, if the owner 2 9 of the agricultural land is a business entity all of 2 10 the following apply: 2 11 (1) One of the following persons must be eligible 2 12 to file: 2 13 (a) If the person is filing for a homestead tax 2 14 credit, one of the following persons must be eligible 2 15 to file: 2 16 (i) If the owner is a corporation, the majority 2 17 shareholder of the corporation. 2 18 (ii) If the owner is a partnership, any partner. 2 19 (iii) If the owner is a limited liability company, 2 20 the person holding the greatest membership interest in 2 21 the limited liability company. 2 22 (iv) If the owner is a limited partnership, the 2 23 person contributing the most value to the limited 2 24 partnership. 2 25 (v) If the owner is a trust, the beneficiary 2 26 having the greatest interest in the trust. 2 27 (b) If the person is filing for a family farm tax 2 28 credit one of the following persons must be eligible 2 29 to file: 2 30 (i) If the owner is a corporation, the majority 2 31 shareholder of the corporation. 2 32 (ii) If the owner is a partnership, any partner. 2 33 b. At least forty percent of the interest in the 2 34 business entity must be held by persons related to 2 35 each other as spouse, parent, grandparent, lineal 2 36 ascendants of grandparents or their spouses, or lineal 2 37 descendants of the grandparents or their spouses, or 2 38 persons acting in a fiduciary capacity to persons so 2 39 related. 2 40 c. More than fifty percent of the production 2 41 inputs used to maintain livestock on the agricultural 2 42 land are purchased within sixty miles from the borders 2 43 of the agricultural land where the livestock operation 2 44 is located. 2 45 d. The operation cannot have benefited from any of 2 46 the following: 2 47 (1) The job training partnership program and other 2 48 programs administered under section 15.108. 2 49 (2) The community economic betterment program 2 50 created in sections 15.315 through 15.320. 3 1 (3) The self-employment loan program created in 3 2 section 15.241. 3 3 (4) The targeted small business financial 3 4 assistance program created in section 15.247. 3 5 (5) An agreement for a supplemental new jobs tax 3 6 credit as provided in section 15.331. 3 7 (6) The industrial new jobs training program as 3 8 provided in chapter 260E. 3 9 (7) The small business new jobs training program 3 10 as provided in chapter 260F. 3 11 (8) An economic development area established 3 12 pursuant to chapter 403. 3 13 For purposes of reimbursing a county that has 3 14 acquired real estate containing an industrial feeding 3 15 operation structure following nonpayment of taxes 3 16 pursuant to section 446.19, all shareholders of any 3 17 corporation, partners of a partnership, members of a 3 18 limited liability company, limited partners of any 3 19 limited partnership, or beneficiaries of any trust 3 20 shall be liable for the entire costs of remediating 3 21 the site, as if they owned the industrial feeding 3 22 operation personally, regardless of the amount of 3 23 interest that is held in the entity. 3 24 3.Except to the extent required to implement3 25section 335.27, noAn ordinance adopted under this 3 26 chapterappliesshall apply to land,farmincluding 3 27 houses,farmbarns,farmoutbuildings or other 3 28 buildings or structures located on the land, whichare3 29 is primarily adapted, by reason of nature and area, 3 30for usefor an agriculturalpurposespurpose, while so 3 31 used, only as provided in this section.However, the3 32ordinances may apply to anyThe ordinance shall not 3 33 apply to the land, unless an industrial feeding 3 34 operation is located on the land. If an industrial 3 35 feeding operation is located on the land, the 3 36 ordinance shall only apply to the site of the 3 37 industrial feeding operation as provided in this 3 38 section and not land where other farming operations 3 39 occur. The following shall apply to the site of a 3 40 farm animal feeding operation constructed on or after 3 41 the effective date of this Act, regardless of whether 3 42 the county has adopted an ordinance under this 3 43 chapter: 3 44 a. A farm animal feeding operation may be located 3 45 anywhere in a county other than within the corporate 3 46 limits of a city. A farm animal feeding operation may 3 47 be located in an unzoned, partially zoned, or zoned 3 48 county. An ordinance adopted under this chapter shall 3 49 not apply to the farm animal feeding operation. 3 50 b. An industrial feeding operation shall not be 4 1 located within the corporate limits of a city. An 4 2 industrial feeding operation shall not be located in 4 3 an unzoned county, the unzoned portion of a partially 4 4 zoned county, or an agricultural area within a 4 5 partially zoned county. 4 6 4. This section shall not apply to either of the 4 7 following: 4 8 a. An ordinance required to implement an 4 9 agricultural land preservation ordinance, as provided 4 10 in section 335.27. 4 11 b. A structure, building, dam, obstruction, 4 12 deposit or excavation in or on the flood plains ofany4 13 a river or stream." 4 14 4 15 4 16 4 17 MERLIN E. BARTZ 4 18 SF 2037.701 76 4 19 da/sc
Text: S05161 Text: S05163 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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