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Text: S05221                            Text: S05223
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Senate Amendment 5222

Amendment Text

PAG LIN
  1  1    Amend Senate File 2037 as follows:
  1  2    #1.  Page 1, by inserting before line 29 the
  1  3 following:  
  1  4                      "DIVISION VI
  1  5               SWINE ODOR CONTROL RESEARCH
  1  6    Sec.    .  NEW SECTION.  266.50  DEFINITIONS.
  1  7    As used in this chapter:
  1  8    1.  "Assessment" means an excise tax on the sale of
  1  9 porcine animals as provided in this division.
  1 10    2.  "Department" means the department of
  1 11 agriculture and land stewardship.
  1 12    3.  "First purchaser" means a person who buys
  1 13 porcine animals from a producer in the first instance.
  1 14    4.  "Porcine animals" means swine raised for
  1 15 slaughter, feeder pigs, or swine seedstock.
  1 16    5.  "Producer" means a person engaged in this state
  1 17 in the business of producing and selling porcine
  1 18 animals in the previous calendar year, if at any time
  1 19 during that year the person owns twenty-five thousand
  1 20 or more porcine animals.
  1 21    Sec.    .  NEW SECTION.  266.51  ODOR CONTROL
  1 22 RESEARCH FUND.
  1 23    1.  An odor control research fund is created as a
  1 24 separate fund in the state treasury under the control
  1 25 of Iowa state university.  The fund consists of moneys
  1 26 from an assessment and moneys as provided in this
  1 27 division, and any other contributions from public or
  1 28 private sources.
  1 29    2.  Moneys in the fund are appropriated to Iowa
  1 30 state university for purposes of supporting research
  1 31 relating to methods to reduce and eliminate odor
  1 32 created by porcine animals, including but not limited
  1 33 to manure in confinement feeding operation structures,
  1 34 or as applied to land.  Moneys in the fund shall not
  1 35 be subject to or expended for any other purpose.
  1 36    3.  The treasurer of state shall act as custodian
  1 37 of the fund and amounts contained in the fund shall be
  1 38 expended as directed by Iowa state university.
  1 39    4.  The treasurer of state may invest the moneys
  1 40 deposited into the fund.  Section 8.33 does not apply
  1 41 to moneys deposited into the fund.  Notwithstanding
  1 42 section 12C.7, interest or earnings on investments or
  1 43 time deposits of the moneys in the fund shall be
  1 44 credited to the fund.  The fund shall be administered
  1 45 by Iowa state university which shall make expenditures
  1 46 from the fund consistent with the purposes set out in
  1 47 this section.  The moneys in the fund shall be
  1 48 disbursed upon warrants drawn by the director of
  1 49 revenue and finance pursuant to the order of the
  1 50 university.  The auditor of state shall regularly
  2  1 perform audits of the fund.
  2  2    Sec.    .  NEW SECTION.  266.52  ASSESSMENT.
  2  3    There shall be an assessment on the sale of porcine
  2  4 animals.  The amount of the assessment shall be two
  2  5 cents of the gross sale price of a porcine animal for
  2  6 deposit in the odor control research fund each fiscal
  2  7 year as provided in this division.  The assessment
  2  8 shall be deducted by the first purchaser from the
  2  9 price paid to the producer.  The first purchaser, at
  2 10 the time of sale, shall make and deliver to the seller
  2 11 an invoice for each purchase showing the names and
  2 12 addresses of the producer and the first purchaser, the
  2 13 number and kind of animals sold, the date of sale, and
  2 14 the assessment made on the sale.  The first purchaser
  2 15 shall pay an assessment to the department or its
  2 16 designated agent at a time prescribed by the
  2 17 department, but not later than the last day of the
  2 18 month following the month in which the porcine animal
  2 19 was purchased.
  2 20    Sec.    .  NEW SECTION.  266.53  REPORT.
  2 21    Iowa state university shall prepare and submit a
  2 22 report to the governor, the department of revenue and
  2 23 finance, and the general assembly not later than March
  2 24 1 of each year, summarizing the activities of the
  2 25 university under this chapter.  The university, in
  2 26 cooperation with the department of natural resources,
  2 27 shall conduct an annual survey of producer-supported
  2 28 pilot projects under section 266.54.  The report shall
  2 29 analyze approaches which promise to successfully
  2 30 reduce or eliminate swine odor, and all income,
  2 31 expenses, and other relevant information concerning
  2 32 moneys deposited in the odor control research fund
  2 33 appropriated and expended during the previous fiscal
  2 34 year under the provisions of this division.
  2 35    Sec.    .  NEW SECTION.  266.54  PRODUCER-SPONSORED
  2 36 PROJECTS.
  2 37    Each producer shall annually support projects
  2 38 designed to reduce and eliminate odor created by
  2 39 porcine animals confined by the producer.  The amount
  2 40 expended each year by the producer to support the
  2 41 projects shall be at least equal to the total number
  2 42 or porcine animals confined by the producer during a
  2 43 calendar year multiplied by three cents.  Two or more
  2 44 producers may cooperate in order to carry out the
  2 45 projects.
  2 46    Sec.    .  NEW SECTION.  266.55  PENALTY.
  2 47    A person who violates or assists in the violation
  2 48 of section 266.52 is guilty of a simple misdemeanor.
  2 49    Sec.    .  NEW SECTION.  266.56  REPEAL.
  2 50    This division is repealed on June 30, 2001.
  3  1 However, the odor control research fund shall continue
  3  2 to exist and Iowa state university shall continue to
  3  3 perform research as provided in this division until
  3  4 remaining moneys in the fund have been expended."
  3  5    #2.  By renumbering as necessary.  
  3  6 
  3  7 
  3  8                              
  3  9 BERL E. PRIEBE
  3 10 STEWART IVERSON, JR.
  3 11 RANDAL J. GIANNETTO
  3 12 SF 2037.510 76
  3 13 da/jw
     

Text: S05221                            Text: S05223
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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