Text: S05495                            Text: S05497
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5496

Amendment Text

PAG LIN
  1  1    Amend House File 2335, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by striking lines 7 and 8, and
  1  4 inserting the following:
  1  5    "___.  "Actively engaged in farming" means that a
  1  6 natural person, including a shareholder or an officer,
  1  7 director, or employee of a corporation, or a member or
  1  8 manager of a limited liability company, does any of
  1  9 the following:
  1 10    a.  Inspects the production activities periodically
  1 11 and furnishes at least half of the value of the tools
  1 12 used for production and pays at least half the direct
  1 13 cost of production.
  1 14    b.  Regularly and frequently makes or takes an
  1 15 important part in making management decisions
  1 16 substantially contributing to or affecting the success
  1 17 of the farm operation.
  1 18    c.  Performs physical work which significantly
  1 19 contributes to crop or livestock production."
  1 20    #2.  Page 1, by inserting after line 14, the
  1 21 following:
  1 22    "___.  "Commodity share landlord" means a natural
  1 23 person or a general partnership as provided in chapter
  1 24 486 in which all partners are natural persons, which
  1 25 owns at least one hundred fifty acres of agricultural
  1 26 land and all of the following apply:
  1 27    a.  The owner receives rent on a commodity share
  1 28 basis, which may be either a share of the crops or
  1 29 livestock produced on the land.
  1 30    b.  The owner was actively engaged in farming the
  1 31 land or a family member of the owner is or was
  1 32 actively engaged in farming the land, if the family
  1 33 member is related to the owner as a spouse, parent,
  1 34 grandparent, lineal ascendant of a grandparent or
  1 35 spouse, or other lineal descendant of a grandparent or
  1 36 spouse."
  1 37    #3.  Page 1, by striking lines 27 through 29, and
  1 38 inserting the following:
  1 39    "___.  "Farmers cooperative association" means a
  1 40 cooperative association organized under chapter 490 or
  1 41 499, if qualified persons hold at least a seventy
  1 42 percent equity interest in the association, including
  1 43 seventy percent of all issued shares of the
  1 44 cooperative association.  If more than one class of
  1 45 shares is authorized, qualified persons must hold at
  1 46 least seventy percent of all issued shares in each
  1 47 class.  As used in this subsection, "issued shares"
  1 48 includes but is not limited to common stock or
  1 49 preferred stock, or each class of common stock or
  1 50 preferred stock, regardless of voting rights or a
  2  1 right to receive dividends or earning distributions.
  2  2 A security such as a warrant or option that may be
  2  3 converted to stock shall be considered as issued
  2  4 shares.  For purposes of this subsection, a person who
  2  5 was a qualified person within the last ten years shall
  2  6 be treated as a qualified person."
  2  7    #4.  By striking page 1, line 31, through page 2,
  2  8 line 1, and inserting the following:  "limited
  2  9 liability company if farmers cooperative associations
  2 10 hold one hundred percent of all membership interests
  2 11 in the limited liability company.  If more than one
  2 12 type of membership interest is established, including
  2 13 any series as provided in section 490A.305 or any
  2 14 class or group as provided in section 490A.307,
  2 15 farmers cooperative associations must hold at least
  2 16 one hundred percent of all membership interests of
  2 17 that type."
  2 18    #5.  Page 2, by striking lines 14 through 17, and
  2 19 inserting the following:
  2 20    "a.  All of the following apply:
  2 21    (1)  Qualified farmers must hold at least fifty-one
  2 22 percent of all issued shares of the corporation.  If
  2 23 more than one class of shares is authorized, qualified
  2 24 farmers must hold at least fifty-one percent of all
  2 25 issued shares in each class.
  2 26    (2)  Qualified persons must hold at least seventy
  2 27 percent of all issued shares of the corporation.  If
  2 28 more than one class of shares is authorized, qualified
  2 29 persons must hold at least seventy percent of all
  2 30 issued shares in each class.
  2 31    b.  As used in paragraph "a", "issued shares"
  2 32 includes but is not limited to common stock or
  2 33 preferred stock, or each class of common stock or
  2 34 preferred stock, regardless of voting rights or a
  2 35 right to receive dividends or earning distributions.
  2 36 A security such as a warrant or option that may be
  2 37 converted to stock shall be considered as issued
  2 38 shares."
  2 39    #6.  Page 2, by striking lines 24 through 28 and
  2 40 inserting the following:
  2 41    "a.  Qualified farmers must hold at least fifty-one
  2 42 percent of all membership interests in the limited
  2 43 liability company.  If more than one type of
  2 44 membership interest is established, including any
  2 45 series as provided in section 490A.305 or any class or
  2 46 group as provided in section 490A.307, qualified
  2 47 farmers must hold at least fifty-one percent of all
  2 48 membership interests of that type.
  2 49    b.  Qualified persons must hold at least seventy
  2 50 percent of all membership interests in the limited
  3  1 liability company.  If more than one type of
  3  2 membership interest is established, including any
  3  3 series as provided in section 490A.305 or any class or
  3  4 group as provided in section 490A.307, qualified
  3  5 persons must hold at least seventy percent of all
  3  6 membership interests of that type.
  3  7    ___.  "Operation of law" means a transfer by
  3  8 inheritance, devise, or bequest, court order,
  3  9 dissolution decree, order in bankruptcy, insolvency,
  3 10 replevin, foreclosure, execution sale, the execution
  3 11 of a judgment, the foreclosure of a real estate
  3 12 mortgage, the forfeiture of a real estate contract, or
  3 13 a transfer resulting from a decree for specific
  3 14 performance."
  3 15    #7.  Page 2, line 29, by striking the word "person"
  3 16 and inserting the following:  "farmer".
  3 17    #8.  By striking page 2, line 34, through page 3,
  3 18 line 5, and inserting the following:
  3 19    "___.  A farm estate.
  3 20    ___.  "Qualified person" means a person who is any
  3 21 of the following:
  3 22    a.  A qualified farmer.
  3 23    b.  A family farm entity.
  3 24    c.  A commodity share renter."
  3 25    #9.  Page 3, lines 27 and 28, by striking the words
  3 26 "one thousand five hundred" and inserting the
  3 27 following:  "six hundred forty".
  3 28    #10.  Page 3, lines 34 and 35, by striking the
  3 29 words  "a ten percent or greater" and inserting the
  3 30 following:  "an".
  3 31    #11.  Page 4, line 9, by inserting before the word
  3 32 "cooperative" the following:  "farmers".
  3 33    #12.  Page 4, line 13, by striking the words "one
  3 34 thousand five hundred" and inserting the following:
  3 35 "six hundred forty".
  3 36    #13.  Page 4, by striking lines 20 through 22, and
  3 37 inserting the following:  "networking farmers
  3 38 corporation by operation of law, the corporation may
  3 39 disregard the transfer for".
  3 40    #14.  Page 5, by inserting after line 4 the
  3 41 following:
  3 42    "___.  A commodity share landlord who owns an
  3 43 interest in a networking farmers corporation holding
  3 44 agricultural land under section 10.3 must rent an
  3 45 additional one hundred fifty acres of agricultural
  3 46 land on a commodity share basis for each farmers
  3 47 entity holding agricultural land under this chapter in
  3 48 which the commodity share landlord acquires an
  3 49 interest."
  3 50    #15.  Page 5, lines 13 and 14, by striking the
  4  1 words "one thousand five hundred" and inserting the
  4  2 following:  "six hundred forty".
  4  3    #16.  Page 5, line 21, by striking the words "a ten
  4  4 percent or greater" and inserting the following:
  4  5 "an".
  4  6    #17.  Page 5, line 31, by inserting before the word
  4  7 "cooperative" the following:  "farmers".
  4  8    #18.  Page 5, line 35, by striking the words "one
  4  9 thousand five hundred" and inserting the following:
  4 10 "six hundred forty".
  4 11    #19.  Page 6, by striking lines 8 and 9, and
  4 12 inserting the following:  "law, the networking farmers
  4 13 limited".
  4 14    #20.  Page 6, by inserting after line 27 the
  4 15 following:
  4 16    "___.  A commodity share landlord who owns an
  4 17 interest in a networking farmers limited liability
  4 18 company holding agricultural land under section 10.5
  4 19 must rent an additional one hundred fifty acres of
  4 20 agricultural land on a commodity share basis for each
  4 21 farmers entity holding agricultural land under this
  4 22 chapter in which the commodity share landlord acquires
  4 23 an interest."
  4 24    #21.  Page 7, lines 18 and 19, by striking the
  4 25 words "a ten percent or greater" and inserting the
  4 26 following:  "an".
  4 27    #22.  Page 7, line 28, by inserting before the word
  4 28 "cooperative" the following:  "farmers".
  4 29    #23.  Page 7, line 32, by striking the words "one
  4 30 thousand five hundred" and inserting the following:
  4 31 "six hundred forty".
  4 32    #24.  Page 8, by striking lines 4 through 6, and
  4 33 inserting the following:  "cooperative association by
  4 34 operation of law, the association may disregard the
  4 35 transfer for".
  4 36    #25.  Page 8, by inserting after line 23 the
  4 37 following:
  4 38    "___.  A commodity share landlord who owns an
  4 39 interest in a farmers cooperative association holding
  4 40 agricultural land under section 10.7 must rent an
  4 41 additional one hundred fifty acres of agricultural
  4 42 land on a commodity share basis for each farmers
  4 43 entity holding agricultural land under this chapter in
  4 44 which the commodity share landlord acquires an
  4 45 interest."
  4 46    #26.  Page 9, line 27, by inserting before the word
  4 47 "cooperative" the following:  "farmers".
  4 48    #27.  Page 9, line 31, by striking the words "one
  4 49 thousand five hundred" and inserting the following:
  4 50 "six hundred forty".
  5  1    #28.  Page 10, by striking lines 5 and 6, and
  5  2 inserting the following:  "law, the networking farmers
  5  3 cooperative limited liability".
  5  4    #29.  Page 10, line 18, by striking the figure
  5  5 "10.13" and inserting the following:  "10.12".
  5  6    #30.  Page 10, line 32, by striking the figure
  5  7 "10.13" and inserting the following:  "10.12".
  5  8    #31.  Page 14, line 16, by striking the words "ten
  5  9 percent or less of" and inserting the following:
  5 10 "less than a ten percent interest in".
  5 11    #32.  Page 15, by striking lines 9 through 13.
  5 12    #33.  Page 15, by striking lines 25 and 26.
  5 13    #34.  By renumbering as necessary.  
  5 14 
  5 15 
  5 16                               
  5 17 TOM VILSACK 
  5 18 HF 2335.713 77
  5 19 da/sc/28
     

Text: S05495                            Text: S05497
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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