Text: S05161                            Text: S05163
Text: S05100 - S05199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Get Version To Print

Senate Amendment 5162

Amendment Text

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    335.2  FARMS AGRICULTURAL 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 implement
  3 25 section 335.27, no An ordinance adopted under this
  3 26 chapter applies shall apply to land, farm including
  3 27 houses, farm barns, farm outbuildings or other
  3 28 buildings or structures located on the land, which are
  3 29 is primarily adapted, by reason of nature and area,
  3 30 for use for an agricultural purposes purpose, while so
  3 31 used, only as provided in this section.  However, the
  3 32 ordinances may apply to any The 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 of any
  4 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

Iowa General Assembly

Search: Senate Bills and Amendments (76th General Assembly)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? webmaster@legis.iowa.gov.

Last update: Tue Mar 5 03:20:06 CST 1996
URL: /DOCS/GA/76GA/Legislation/S/05100/S05162/960304.html
jhf