Text: S05237 Text: S05239 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Amend Senate File 2220 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 9H.5A, subsection 3, paragraph 1 5 g, Code Supplement 1995, is amended to read as 1 6 follows: 1 7 g. The approximate number of livestock, including 1 8 cattle, sheep, swine, ostriches, rheas, emus, or 1 9 poultry, owned, contracted for, or kept by the 1 10 corporation, limited liability company, trust, or 1 11 limited partnership;, andthe approximate number of 1 12 offspring produced from the livestock; and for each 1 13 county the animal weight capacity of each confinement 1 14 feeding operation in which swine are fed. 1 15 Sec. 2. Section 9H.5B, Code 1995, is amended by 1 16 adding the following new subsection: 1 17 NEW SUBSECTION. 4. For each county, the animal 1 18 weight capacity of each confinement feeding operation 1 19 in which swine are fed pursuant to a care and feeding 1 20 contract in which the contract feeder is a party. 1 21 Sec. 3. NEW SECTION. 9H.5C REPORTS BY 1 22 CONFINEMENT FEEDING OPERATIONS. 1 23 A person who owns confinement feeding operations 1 24 having a total animal weight capacity of seven million 1 25 five hundred thousand pounds or more shall file with 1 26 the secretary of state on or before March 31 of each 1 27 year, a report stating all of the following: 1 28 1. The name and address of the person. 1 29 2. The total animal weight capacity of all 1 30 confinement feeding operations which are owned by the 1 31 person. 1 32 3. For each county, the animal weight capacity of 1 33 all confinement feeding operations which are owned by 1 34 the person. 1 35 4. Whether the person is required to file a report 1 36 as a contract feeder pursuant to section 9H.5B. 1 37 Sec. 4. Section 9H.14, Code 1995, is amended to 1 38 read as follows: 1 39 9H.14 DUTIES OF SECRETARY OF STATE. 1 40 1.The secretary of state shall notify the1 41attorney general when the secretary of state has1 42reason to believe a violation of this chapter has1 43occurred. It is the intent of this section that1 44informationInformation compiled from reports required 1 45 under this section shall be made available to members 1 46 of the general assembly and appropriate committees of 1 47 the general assembly in order to determine the extent 1 48 of farming being carried out in this state by 1 49 corporations and other business entities and the 1 50 effect of such farming practices upon the economy of 2 1 this state. The secretary of state shall assist any 2 2 committee of the general assembly existing or 2 3 established for the purposes of studying the effects 2 4 of this chapter and the practices this chapter seeks 2 5 to study and regulate. 2 6 2.TheNotwithstanding chapter 22, reports of 2 7 corporations, limited liability companies, limited 2 8 partnerships, trusts, contractors, and processors 2 9 required in this chapter shall be confidentialreports2 10except as to the. However, the reports may be made 2 11 available to the attorney general for review and 2 12 appropriate action when necessary. Information 2 13 regarding confinement swine feeding enterprises as 2 14 defined in section 455B.171, shall not be 2 15 confidential. 2 16 3. The secretary of state shallassist any2 17committee of the general assembly existing or2 18established for the purposes of studying the effects2 19of this chapter and the practices this chapter seeks2 20to study and regulateeach year compile information 2 21 regarding commercial confinement swine feeding 2 22 enterprises. The information shall be made available 2 23 upon request to a county. The information may be 2 24 compiled from reports required to be filed pursuant to 2 25 this chapter, including sections 9H.5A, 9H.5B, and 2 26 9H.5C, and financing statements required to be filed 2 27 pursuant to section 554.9401. 2 28 Sec. 5. Section 455B.171, Code Supplement 1995, is 2 29 amended by adding the following new subsection: 2 30 NEW SUBSECTION. 4A. "Confinement swine feeding 2 31 enterprise" means a person who owns or is a party to a 2 32 contract for the care and feeding of swine, if the 2 33 swine are fed in confinement feeding operations and 2 34 the total animal weight capacity of all confinement 2 35 feeding operations in which the swine are fed in this 2 36 state is seven million five hundred thousand pounds or 2 37 more. 2 38 A confinement swine feeding operation which is 2 39 owned by a person holding an interest in a profit or 2 40 nonprofit entity, shall not be considered when 2 41 calculating animal weight capacity and shall not be 2 42 considered as part of a confinement swine feeding 2 43 enterprise, unless the swine are owned by the business 2 44 entity or subject to a contract for their care and 2 45 feeding in which the enterprise is a party. 2 46 Sec. 6. Section 455B.173, subsection 13, Code 2 47 Supplement 1995, is amended to read as follows: 2 48 13. a. Adopt, modify, or repeal rules relating to 2 49 the construction or operation of animal feeding 2 50 operations. The rules shall include, but are not 3 1 limited to, minimum manure control requirements, 3 2 requirements for obtaining permits, and departmental 3 3 evaluations of animal feeding operations. The 3 4 department shall not require that a person obtain a 3 5 permit for the construction of an animal feeding 3 6 operation structure, if the structure is part of a 3 7 small animal feeding operation. 3 8 b. The department shall collect an indemnity fee 3 9 as provided in section 204.3 prior to the issuance of 3 10 a construction permit. The department shall deposit 3 11 moneys collected in indemnity fees in the manure 3 12 storage indemnity fund created in section 204.2. 3 13 c. The department shall not approve a permit for 3 14 the construction of three or more animal feeding 3 15 operation structures unless the applicant files a 3 16 statement approved by a professional engineer 3 17 registered pursuant to chapter 542B certifying that 3 18 the construction of the animal feeding operation 3 19 structure will not impede the drainage through 3 20 established drainage tile lines which cross property 3 21 boundary lines unless measures are taken to 3 22 reestablish the drainage prior to completion of 3 23 construction.The department shall deposit moneys3 24collected in indemnity fees in the manure storage3 25indemnity fund created in section 204.2.3 26 d. The department shall issue a permit for an 3 27 animal feeding operation, if an application is 3 28 submitted according to procedures required by the 3 29 department according to this section, and the 3 30 application meets standards established by the 3 31 department, regardless of whether the animal feeding 3 32 operation is required to obtain such a permit. An 3 33 applicant for a construction permit shall not begin 3 34 construction at the location of a site planned for the 3 35 construction of an animal feeding operation structure, 3 36 until the person has been granted a permit for the 3 37 construction of the structure by the department. 3 38 e. The department shall make a determination 3 39 regarding the approval or denial of a permit within 3 40 sixty days from the date that the department receives 3 41 a completed application forathe approval of the 3 42 permit, as provided in this paragraph. However, the 3 43 sixty-day requirement shall not apply to an 3 44 application, if the applicant is not required to 3 45 obtain a permit in order to construct an animal 3 46 feeding operation structure or to operate an animal 3 47 feeding operation. The department shall deliver a 3 48 copy or require the applicant to deliver a copy of the 3 49 application for a construction permit to the county 3 50 board of supervisors in the county where the 4 1 confinement feeding operation or confinement feeding 4 2 operation structure subject to the permit is to be 4 3 located. Upon receipt of an application for 4 4 departmental approval under this subsection, the 4 5 department shall determine if the application complies 4 6 with all permit requirements. The process of 4 7 approving or disapproving a permit shall be as 4 8 follows: 4 9 (1) If the confinement feeding operation is not a 4 10 confinement swine feeding enterprise, the department 4 11 shall not approve the application or issue a 4 12 construction permit until thirty days following 4 13 delivery of the application to the county board of 4 14 supervisors. The department shall consider comments 4 15 from the county board of supervisors, regarding 4 16 compliance by the applicant with the legal 4 17 requirements for the construction of the confinement 4 18 feeding operation structure as provided in this 4 19 chapter, and rules adopted by the department pursuant 4 20 to this chapter, if the comments are delivered to the 4 21 department within fourteen days after receipt of the 4 22 application by the county board of supervisors. 4 23 (2) If the confinement feeding operation is a 4 24 confinement swine feeding enterprise, the department 4 25 shall not approve the application unless the 4 26 department receives the approval of the application 4 27 from the county. 4 28 f. Prior to granting a permit to a person for the 4 29 construction of an animal feeding operation, the 4 30 department may require the installation and operation 4 31 of a hydrological monitoring system for an exclusively 4 32 earthen manure storage structure, if, after an on-site 4 33 inspection, the department determines that the site 4 34 presents an extraordinary potential for groundwater 4 35 pollution. 4 36 g. A person shall not obtain a permit for the 4 37 construction of a confinement feeding operation, 4 38 unless the person develops a manure management plan as 4 39 provided in section 455B.203. 4 40 h. The department shall not issue a permit to a 4 41 person under this subsection if an enforcement action 4 42 by the department, relating to a violation of this 4 43 chapter concerning a confinement feeding operation in 4 44 which the person has an interest, is pending. The 4 45 department shall not issue a permit to a person under 4 46 this subsection for five years after the date of the 4 47 last violation committed by a person or confinement 4 48 feeding operation in which the person holds a 4 49 controlling interest during which the person or 4 50 operation was classified as a habitual violator under 5 1 section 455B.191. The department shall conduct an 5 2 annual review of each confinement feeding operation 5 3 which is a habitual violator and each confinement 5 4 feeding operation in which a habitual violator holds a 5 5 controlling interest. The department shall notify 5 6 persons classified as habitual violators of their 5 7 classification, additional restrictions imposed upon 5 8 the persons pursuant to the classification, and 5 9 special civil penalties that may be imposed upon the 5 10 persons. The notice shall be sent to the persons by 5 11 certified mail. 5 12 Sec. 7. Section 554.9402, subsection 1, Code 1995, 5 13 is amended to read as follows: 5 14 1. A financing statement is sufficient if it gives 5 15 the names of the debtor and the secured party, is 5 16 signed by the debtor, gives an address of the secured 5 17 party from which information concerning the security 5 18 interest may be obtained, gives a mailing address of 5 19 the debtor and contains a statement indicating the 5 20 types, or describing the items, of collateral. A 5 21 financing statement may be filed before a security 5 22 agreement is made or a security interest otherwise 5 23 attaches. When the financing statement covers crops 5 24 growing or to be grown, the statement must also 5 25 contain a description of the real estate concerned. 5 26 When a financing statement covers swine fed in a 5 27 confinement feeding operation as provided in section 5 28 455B.161, the financing statement shall state the 5 29 animal weight capacity of the confinement feeding 5 30 operation as verified by the debtor. When the 5 31 financing statement covers timber to be cut or covers 5 32 minerals or the like (including oil and gas) or 5 33 accounts subject to section 554.9103, subsection 5, or 5 34 when the financing statement is filed as a fixture 5 35 filing (section 554.9313) and the collateral is goods 5 36 which are or are to become fixtures, the statement 5 37 must also comply with subsection 5. A copy of the 5 38 security agreement is sufficient as a financing 5 39 statement if it contains the above information and is 5 40 signed by the debtor. A copy of a jobs training 5 41 agreement entered into under chapter 260E or 260F 5 42 between an employer and a community college is 5 43 sufficient as a financing statement if it contains the 5 44 information required by this section and is signed by 5 45 the employer. A carbon, photographic or other 5 46 reproduction of a security agreement or a financing 5 47 statement is sufficient as a financing statement if 5 48 the security agreement so provides or if the original 5 49 has been filed in this state. The secretary of state 5 50 must accept for filing a copy of a signature required 6 1 by this section. The secretary of state may adopt 6 2 rules for the electronic filing of a financing 6 3 statement. 6 4 Sec. 8. Section 554.9402, subsection 3, Code 1995, 6 5 is amended to read as follows: 6 6 3. A form substantially as follows is sufficient 6 7 to comply with subsection 1: 6 8 Name of debtor (or assignor) ...................... 6 9 Address ........................................... 6 10 Name of secured party (or assignee) ............... 6 11 Address ........................................... 6 12 (1) This financing statement covers the following 6 13 types (or items) of property: 6 14 (Describe) ....................................... 6 15 (2) (If collateral is crops) The above described 6 16 crops are growing or are to be grown on: 6 17 (Describe Real Estate) ........................... 6 18 (3) (If collateral is swine fed in a confinement 6 19 feeding operation) The above described swine are fed 6 20 in a confinement feeding operation that has an animal 6 21 weight capacity of: 6 22 (State Animal Weight Capacity) .............. 6 23(3)(4) (If applicable) The above goods are to 6 24 become fixtures on 6 25 Where appropriate either add or substitute "The 6 26 above timber is standing on ........" or "The above 6 27 minerals or the like (including oil and gas) are 6 28 located on ........" or "The above accounts will be 6 29 financed at the wellhead or minehead of the well or 6 30 mine located on ......" or any or all of these 6 31 (Describe Real Estate) ........................... 6 32 and this financing statement is to be filed for record 6 33 in the real estate records. (If the debtor does not 6 34 have an interest of record) The name of a record owner 6 35 is .................... 6 36(4)(5) (If products of collateral are claimed) 6 37 Products of the collateral are also covered. 6 38 (use whichever is applicable) .................... 6 39 Signature of Debtor (or Assignor) ................ 6 40 Signature of Secured Party (or Assignee) ........." 6 41 #2. Title page, by striking lines 3 through 8 and 6 42 inserting the following: "including confinement 6 43 swine feeding operations." 6 44 #3. By renumbering as necessary. 6 45 6 46 6 47 6 48 STEWART IVERSON, Jr. 6 49 SF 2220.204 76 6 50 da/jj
Text: S05237 Text: S05239 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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