1996 SUMMARY OF LEGISLATION

AGRICULTURE

AGRICULTURE LEGISLATION

SENATE FILE 2130 - Gypsy Moth Litigation (full text of bill)

BY COMMITTEE ON AGRICULTURE. This Act repeals a provision enacted by the General Assembly in 1995 in H.F. 553, which required the Department of Agriculture and Land Stewardship and the Attorney General to cooperate in bringing legal action against parties liable for damages caused by the shipment from Michigan of trees or other plants infested with gypsy moths.
The Act takes effect March 1, 1996.

SENATE FILE 2260 - Soil and Water Conservation (full text of bill)

BY COMMITTEE ON AGRICULTURE. This Act relates to soil and water conservation.
The Act provides that soil and water district commissioners elected or appointed after July 1, 1996, are eligible to serve for four-year rather than six-year terms. The Act provides that if a commissioner is absent for 60 or more percent of monthly meetings, the other commissioners may declare the member's office vacant. The Act provides that a commissioner is entitled to receive travel expenses at the same rate as persons other than public officers or employees.
The Act provides that only agricultural land is affected by a provision which states that a permanent soil and water conservation practice is not required to be established unless public moneys are used to support it. The Act provides that prior to removing a permanent soil and water conservation practice, a person who seeks to convert the land to a nonagricultural purpose must repay a portion of the amount received in public moneys used to establish the practice.
Finally, the Act provides that the Department of Agriculture and Land Stewardship may award cost-share moneys as part of its voluntary Financial Incentive Program to support the same purposes that are supported from the Soil and Water Enhancement Account of the Resources Enhancement and Protection Fund.

SENATE FILE 2336 - Agricultural Development Authority Executive Director (full text of bill)

BY COMMITTEE ON AGRICULTURE. This Act amends Section 175.7, which provides for the appointment of the Executive Director of the Agricultural Development Authority. The Act eliminates the Secretary of Agriculture's power to appoint and remove the Executive Director. The Act provides that the appointment and removal of the Executive Director is performed by a Selection and Tenure Committee consisting of the Secretary of Agriculture and the Chairperson and Vice Chairperson of the Agricultural Development Board or their designees.

SENATE FILE 2337 - Regulation of Grain Dealers -- Receivership (full text of bill)

BY COMMITTEE ON AGRICULTURE. This Act amends Chapter 203, which provides for the regulation of grain dealers by the Department of Agriculture and Land Stewardship. Generally, a grain dealer is a person who buys, during any calendar month, 500 bushels of grain or more from producers of the grain for purposes of resale, milling or processing. This Act provides that the department may file a petition in district court requesting to be appointed as a receiver of grain and grain-related assets of a grain dealer. The provisions are similar to receivership procedures and powers provided under Chapter 203C for grain warehouses. The Act provides procedures for filing a petition and providing notice to persons interested in the disposition of the grain dealer assets. The Act provides that a petition by the department must be accompanied by a plan for the distribution of the grain dealer assets. The plan may provide for the operation of all or any part of the business of the grain dealer on a temporary basis.
The Act also provides for the powers and duties of the department acting as receiver, including for the payment of claims. The Act provides for the appointment of a merchandiser to accomplish the sale of grain. The Act provides that the department is entitled to reimbursement for expenses out of grain dealer assets. The Act requires the department to receive court approval of any disposition of cash proceeds. When the plan is approved by the court and executed by the department, the receivership is terminated. At termination, the department is required to file a final report with the court.
Section 203.8 required a grain dealer to pay an owner of grain within 30 days of demand, unless the purchase is pursuant to a credit sale contract. The Act amends Section 203.8 to provide that the 30-day requirement applies to persons required to be licensed as grain dealers.

SENATE FILE 2348 - Agricultural Liming Material (full text of bill)

BY COMMITTEE ON AGRICULTURE. This Act replaces Chapter 201, which regulates the sale of limestone for agricultural purposes, with Chapter 201A, a new chapter referred to as the "Iowa Agricultural Liming Material Act." The Act defines "agricultural liming material" as a product having calcium and magnesium compounds capable of neutralizing soil acidity. The Department of Agriculture and Land Stewardship regulates the sale of limestone for agricultural purposes. The Act regulates the sale of agricultural liming material in a bulk and packaged form. It requires the manufacturer of agricultural liming material to receive a license by the department for each facility manufacturing the agricultural liming material. A license fee of up to $40 is imposed on the manufacturer. The license expires on January 1 of each year. The Act requires that agricultural liming material be labeled. The label must identify the manufacturer or distributor and include the name of the material, its type, undried net weight, and the effective calcium carbonate equivalent.
The Act requires the department to inspect agricultural liming material distributed in this state and investigate persons engaged in the business of manufacturing, distributing or selling agricultural liming material. The Act requires the department to certify the effective calcium carbonate equivalent for agricultural liming material.
The Act prohibits the sale of agricultural liming material which includes toxic materials. The Act provides for enforcement actions if the department finds a violation of the chapter. The department is authorized to issue and enforce a stop order or to obtain a court order for the seizure of the agricultural liming material, or for a temporary or permanent injunction.
A person violating the Act's provisions is guilty of a simple misdemeanor. The department is authorized to refer a violation to a county attorney for prosecution. The Act provides for the deposit of fees into the General Fund of the State for the use by the department in administering and enforcing the Act's provisions.
The Act takes effect January 1, 1997.

HOUSE FILE 2390 - Branding of Livestock (full text of bill)

BY COMMITTEE ON AGRICULTURE. This Act amends Chapter 169A, which provides for the marking and branding of livestock and for the registration of brands. Specifically, the Act repeals a provision requiring the Department of Agriculture and Land Stewardship to eliminate duplicate brands on and after July 1, 1996. The Act requires that the department renew a conflicting brand if the brand was originally recorded prior to July 1, 1996, and the brand is renewed as provided in the chapter.

RELATED LEGISLATION

SENATE FILE 2072 - Implements of Husbandry (Complete summary under TRANSPORTATION.)

This Act provides that machinery towed by a motor vehicle or farm tractor is considered self-propelled machinery for purposes of Chapter 321, which regulates motor vehicles.

SENATE FILE 2121 - Iowa State Fair Board -- Auditing Practices (Complete summary under STATE GOVERNMENT.)

This Act eliminates the requirement that an audit of the Iowa State Fair must be prepared prior to and submitted at an annual convention which meets to elect members to the Iowa State Fair Board.

SENATE FILE 2135 - Cooperative Corporations (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act provides for the organization of cooperative corporations eligible to hold agricultural land. The Act provides for the organization of cooperative corporations based in part on provisions contained in Chapter 499, the chapter providing for the organization of cooperative associations, and Chapter 490, the chapter providing for the organization of corporations.

SENATE FILE 2375 - Confinement Feeding Operations -- Nuisance Defense (Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE.)

The Act provides that the rebuttable presumption applying to nuisance suits involving animal feeding operations does not apply to a chronic violator of specified offenses involving confinement feeding operations.

SENATE FILE 2446 - Appropriations -- Agriculture and Natural Resources (Complete summary under APPROPRIATIONS.)

This Act relates to agriculture and natural resources by providing appropriations to support related entities, including the Department of Agriculture and Land Stewardship and the Department of Natural Resources. The Act also provides direction to a number of agencies and makes statutory changes relating to agriculture and natural resources.

SENATE FILE 2449 - Tax Revisions and Related Matters (Complete summary under TAXATION.)

Division V of this Act appropriates $2 million annually to fund a livestock production tax credit for certain hog, beef, dairy, sheep, and poultry production operations. For the tax year beginning on or after January 1, 1996, the amount appropriated shall only be used to pay livestock production credit claims for cow-calf operations. The Division applies to tax years beginning on or after January 1, 1996.

SENATE FILE 2470 - Miscellaneous Appropriations and Related Matters -- Economic Development Appropriations (Complete summary under APPROPRIATIONS.)

This Act relates to public levy, expenditure and regulatory matters by making standing, economic development and other appropriations, and includes authorization for funding a state-of-the-art beef processing plant, funding for testing of animal agriculture feeding operations, and other economic development and appropriations provisions associated with agriculture.

HOUSE FILE 308 - Workers' Compensation -- Limited Liability Company Members (Complete summary under LABOR & EMPLOYMENT.)

This Act provides that if a limited liability company is primarily involved in farming, members of the company, as well as certain relatives of the members, are exempted from the provisions of the workers' compensation law.

HOUSE FILE 560 - Family Farm Tax Credit (Complete summary under TAXATION.)

This Act amends the definition of "designated person" for purposes of the family farm tax credit to include relatives of the owner within the third degree of consanguinity and those relatives' spouses, and includes certain farm corporations and partnerships.

HOUSE FILE 2177 - Urban Renewal -- Century Farm Exclusion (Complete summary under LOCAL GOVERNMENT.)

This Act provides that areas designated as economic development areas for purposes of urban renewal shall not contain land which is part of a century farm unless the owner agrees to include the farm in the urban renewal area. The Act applies to economic development areas designated before, on or after July 1, 1996.

HOUSE FILE 2187 - Rural Water Districts -- Attachment (Complete summary under LOCAL GOVERNMENT.)

This Act provides that 30 percent of the owners of land within a proposed addition to a rural water district may petition the board of supervisors to attach all of the real property in the proposed addition to the district.

HOUSE FILE 2234 - Exemption From Land Ownership Restrictions (Complete summary under ECONOMIC DEVELOPMENT.)

This Act allows the Department of Economic Development to exempt a nonresident business from the restrictions on ownership of agricultural land for the purposes of the New Jobs and Income Program. The business must otherwise be an eligible business under the program, must apply to be an exempt business before July 1, 1998, and must not be actively engaged in farming within the economic development area in which the business seeks to locate.

HOUSE FILE 2422 - Sales, Services, and Use Tax Exemption -- State and County Fairs (Complete summary under TAXATION.)

This Act exempts from the state sales and use taxes the gross receipts from sales or services rendered, furnished or performed by the State Fair or a local district or county fair.

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Last update: Mon August 26, 1996
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