Text: S05752                            Text: S05754
Text: S05700 - S05799                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5753

Amendment Text

PAG LIN
  1  1    Amend Senate File 2415, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by inserting after line 20, the
  1  4 following:
  1  5    "__.  A need exists to support the production of
  1  6 agricultural commodities and the processing and
  1  7 marketing of agricultural products which are produced
  1  8 by using biological techniques for the development of
  1  9 specialized plant or animal characteristics for
  1 10 beneficial nutritional, commercial, or industrial
  1 11 purposes.  A need also exists to support biomass
  1 12 energy sources.
  1 13    ___.  A need exists to support forests and the
  1 14 growth and maintenance of forests in this state,
  1 15 including the production of agricultural commodities
  1 16 which are forest products as provided in section
  1 17 15E.202."
  1 18    #2.  Page 1, by inserting after line 34, the
  1 19 following:
  1 20    "__.  A need exists for additional sources of
  1 21 financing for ventures designed to support the
  1 22 production, processing, and marketing of high value
  1 23 agricultural products using biological techniques
  1 24 which create increasingly high value agricultural
  1 25 products for consumers around the world."
  1 26    #3.  Page 2, line 2, by striking the words
  1 27 "agricultural producer-led" and inserting the
  1 28 following:  "Iowa agricultural industry".
  1 29    #4.  Page 3, by striking lines 24 through 35 and
  1 30 inserting the following:
  1 31    "(2)  A family farm entity if any of the following
  1 32 individuals is actively engaged in agricultural
  1 33 production:
  1 34    (a)  A shareholder and an officer, director, or
  1 35 employee of a family farm corporation.
  1 36    (b)  A member or manager of a family farm limited
  1 37 liability company.
  1 38    (c)  A general partner of a family farm limited
  1 39 partnership.
  1 40    (d)  A beneficiary of a family trust.
  1 41    (3)  A networking farmers entity."
  1 42    #5.  Page 4, by inserting after line 2, the
  1 43 following:
  1 44    "__.  "Biotechnology enterprise" means an
  1 45 enterprise organized under the laws of this state
  1 46 using biological techniques for the development of
  1 47 specialized plant or animal characteristics for
  1 48 beneficial nutritional, commercial, or industrial
  1 49 purposes."
  1 50    #6.  Page 4, by inserting after line 9 the
  2  1 following:
  2  2    "   .  "Family farm entity" means a family farm
  2  3 corporation, family farm limited liability company,
  2  4 family farm limited partnership, or family trust as
  2  5 defined in section 9H.1."
  2  6    #7.  Page 4, by striking lines 15 and 16, and
  2  7 inserting the following:
  2  8    "___.  "Iowa agricultural industry venture" means
  2  9 an enterprise involving any of the following:
  2 10    a.  Agricultural producers investing in a new".
  2 11    #8.  Page 4, line 21, by striking the word "a." and
  2 12 inserting the following:  "(1)".
  2 13    #9.  Page 4, line 24, by striking the word "b." and
  2 14 inserting the following:  "(2)".
  2 15    #10.  Page 4, line 26, by striking the word "c."
  2 16 and inserting the following:  "(3)".
  2 17    #11.  Page 4, line 28, by striking the word "d."
  2 18 and inserting the following:  "(4)".
  2 19    #12.  Page 4, by inserting after line 30 the
  2 20 following:
  2 21    "b.  An agricultural biotechnology enterprise
  2 22 located in this state, if the purpose of research and
  2 23 application of biological techniques conducted by the
  2 24 enterprise is to accomplish all of the following:
  2 25    (1)  The creation and retention of wealth in this
  2 26 state.
  2 27    (2)  Increasing the value of agricultural
  2 28 commodities."
  2 29    #13.  Page 4, by inserting after line 34 the
  2 30 following:
  2 31    "   .  "Networking farmers entity" means the same
  2 32 as defined in section 10.1, as enacted by 1998 Iowa
  2 33 Acts, House File 2335."
  2 34    #14.  Page 5, line 3, by striking the words "as
  2 35 defined in section 10.1".
  2 36    #15.  Page 6, by inserting after line 6 the
  2 37 following:
  2 38    "___.  It is the intent of the general assembly and
  2 39 the purpose of this division that the state encourage
  2 40 Iowa agricultural industry ventures which promote the
  2 41 research and application of biological techniques for
  2 42 the development of specialized plant or animal
  2 43 characteristics for beneficial nutritional,
  2 44 commercial, or industrial purposes."
  2 45    #16.  Page 7, by inserting after line 14 the
  2 46 following:
  2 47    "___.  A director of the corporation's board of
  2 48 directors shall not serve for more than seven
  2 49 consecutive years as a board director."
  2 50    #17.  Page 8, line 7, by inserting after the figure
  3  1 "3." the following:  "a."
  3  2    #18.  Page 8, by striking lines 10 through 27 and
  3  3 inserting the following:  "shall be elected by the
  3  4 members of an appointment committee.  The members of
  3  5 the appointment committee shall be appointed by the
  3  6 economic development board.  The initial board of
  3  7 directors shall consist of seven members.  The members
  3  8 of the appointment committee shall include persons who
  3  9 have an expertise in areas of banking, agricultural
  3 10 lending, business development, agricultural production
  3 11 and processing, seed and venture capital investment,
  3 12 and other areas of expertise as deemed appropriate by
  3 13 the interim board of directors.
  3 14    b.  The members of the appointment committee shall
  3 15 exercise due care to assure that persons appointed to
  3 16 the initial board of directors have the requisite
  3 17 financial experience necessary in order to carry out
  3 18 the duties of the corporation as established in this
  3 19 division, including in areas related to agricultural
  3 20 lending, commercial banking, and investment
  3 21 management.
  3 22    c.  Upon the election of the initial board of
  3 23 directors, the terms of the members of the appointment
  3 24 committee shall expire.
  3 25    d.  The department shall assist the incorporators
  3 26 and the appointment committee in".
  3 27    #19.  Page 9, by inserting after line 7 the
  3 28 following:
  3 29    "In selecting projects to receive financing, it is
  3 30 the intent of the general assembly that the
  3 31 corporation seek projects with wage, benefit, and work
  3 32 safety plans which improve the quality of employment
  3 33 in the state and which would not displace employees of
  3 34 existing Iowa agricultural industry ventures."
  3 35    #20.  Page 10, line 13, by striking the words "may
  3 36 loan all or part" and inserting the following:  "shall
  3 37 loan all".
  3 38    #21.  Page 10, line 19, by inserting after the word
  3 39 "desirable" the following:  ", including any
  3 40 restrictions on the subordination of the moneys
  3 41 loaned".
  3 42    #22.  Page 10, by inserting after line 28 the
  3 43 following:
  3 44    "   .  The corporation shall not expend moneys
  3 45 originating from the state, including moneys loaned
  3 46 under this section, on political activity or on any
  3 47 attempt to influence legislation."
  3 48    #23.  Page 10, line 30, by striking the word
  3 49 "either" and inserting the following:  "any".
  3 50    #24.  Page 11, by inserting after line 23 the
  4  1 following:
  4  2    "___.  A member of the economic development board,
  4  3 an employee of the department of economic development,
  4  4 an elected state official, or any director or other
  4  5 officer or an employee of the corporation."
  4  6    #25.  Page 12, by striking lines 25 through 28 and
  4  7 inserting the following:  "articles shall provide that
  4  8 an audit of the corporation must be conducted each
  4  9 year for the preceding year by a certified public
  4 10 accountant licensed pursuant to chapter 542C.  The
  4 11 auditor of state may audit the books and accounts of
  4 12 the corporation at any time.  The results of the
  4 13 annual audit and any audit for the current year
  4 14 conducted by the auditor of state shall be included as
  4 15 part of the report."
  4 16    #26.  Page 12, line 32, by inserting after the word
  4 17 "corporation." the following:  "If the eligible
  4 18 recipient is an agricultural producer as provided in
  4 19 section 15E.210, the agreement shall not be executed
  4 20 unless the agricultural producer holds voting common
  4 21 stock in the corporation equal to at least five
  4 22 percent of the financing provided to the agricultural
  4 23 producer pursuant to the agreement."
  4 24    #27.  Page 13, by striking lines 11 and 12 and
  4 25 inserting the following:
  4 26    "___.  To the extent feasible and fiscally prudent,
  4 27 the corporation must maintain a portfolio which is
  4 28 diversified among the various types of agricultural
  4 29 commodities and agribusiness.
  4 30    ___.  Not more than seventy-five percent of moneys
  4 31 originating from the state, including moneys loaned to
  4 32 the corporation pursuant to this section, may be used
  4 33 to finance any one Iowa agricultural industry
  4 34 venture."
  4 35    #28.  Page 13, by striking lines 26 through 33.
  4 36    #29.  Page 14, line 28, by striking the words
  4 37 "general fund of the state" and inserting the
  4 38 following:  "road use tax fund created pursuant to
  4 39 section 312.1".
  4 40    #30.  Page 15, line 1, by striking the words "must
  4 41 participate" and inserting the following:
  4 42 "participating".
  4 43    #31.  Page 15, by striking lines 11 and 12 and
  4 44 inserting the following:
  4 45    "b.  An agricultural products processor which
  4 46 participates as part of an Iowa".
  4 47    #32.  By striking page 15, line 30, through page
  4 48 16, line 1, and inserting the following:  "produced in
  4 49 this state.  However, the corporation may provide
  4 50 financing, if its board of directors determines that
  5  1 adequate supplies of the commodity are not available
  5  2 for processing as otherwise required in this
  5  3 subparagraph subdivision."
  5  4    #33.  Page 16, by inserting before line 2 the
  5  5 following:
  5  6    "___.  An agricultural biotechnology enterprise
  5  7 which qualifies as an Iowa agricultural industry
  5  8 venture as provided according to the terms of an
  5  9 agreement executed by the agricultural biotechnology
  5 10 enterprise and the corporation, if the board of
  5 11 directors for the corporation determines that the
  5 12 enterprise would advance the intent and purposes set
  5 13 out in section 15E.203."
  5 14    #34.  Page 16, by inserting after line 21 the
  5 15 following:
  5 16    "Sec. ___.  Section 423.24, Code Supplement 1997,
  5 17 is amended by inserting the following new unnumbered
  5 18 paragraph before subsection 1:
  5 19    NEW UNNUMBERED PARAGRAPH.  Except as otherwise
  5 20 provided in section 312.2, subsection 15, all revenues
  5 21 derived from the use tax on motor vehicles, trailers,
  5 22 and motor vehicle accessories and equipment as
  5 23 collected pursuant to sections 423.7 and 423.7A shall
  5 24 be deposited and credited to the road use tax fund and
  5 25 shall be used exclusively for the construction,
  5 26 maintenance, and supervision of public highways.
  5 27    Sec. ___.  Section 423.24, subsection 1, unnumbered
  5 28 paragraph 1, Code Supplement 1997, is amended to read
  5 29 as follows:
  5 30    Eighty percent of Notwithstanding any provision of
  5 31 this section which provides that all revenues derived
  5 32 from the use tax on motor vehicles, trailers, and
  5 33 motor vehicle accessories and equipment as collected
  5 34 pursuant to section 423.7 and section 423.7A shall be
  5 35 deposited and credited to the road use tax fund,
  5 36 eighty percent of the revenues shall be deposited and
  5 37 credited as follows:"
  5 38    #35.  Page 17, by inserting after line 4 the
  5 39 following:
  5 40    "Sec. ___.  Section 423.24, subsection 1, paragraph
  5 41 c, Code Supplement 1997, is amended by striking the
  5 42 paragraph.
  5 43    Sec. ___.  Section 423.24, subsection 2, Code
  5 44 Supplement 1997, is amended to read as follows:
  5 45    2.  Twenty percent of Notwithstanding any other
  5 46 provision of this section that provides that all
  5 47 revenue derived from the use tax on motor vehicles,
  5 48 trailers, and motor vehicle accessories and equipment
  5 49 as collected pursuant to section 423.7 shall be
  5 50 deposited and credited to the road use tax fund,
  6  1 twenty percent of the revenues shall be credited and
  6  2 deposited as follows:  one-half to the road use tax
  6  3 fund and one-half to the primary road fund to be used
  6  4 for the commercial and industrial highway network,
  6  5 except to the extent that the department directs that
  6  6 moneys are deposited in the highway safety patrol fund
  6  7 created in section 80.41 to fund the appropriations
  6  8 made from the highway safety patrol fund in accordance
  6  9 with the provisions of section 80.41.  The department
  6 10 shall determine the amount of moneys to be credited
  6 11 under this subsection to the highway safety patrol
  6 12 fund and shall deposit that amount into the highway
  6 13 safety patrol fund.
  6 14    Sec. ___.  NEW SECTION.  423.24A  REIMBURSEMENT FOR
  6 15 THE PRIMARY ROAD FUND.
  6 16    From moneys deposited into the road use tax fund,
  6 17 the department may credit to the primary road fund any
  6 18 amount of revenues derived from the use tax on motor
  6 19 vehicles, trailers, and motor vehicles accessories and
  6 20 equipment as collected pursuant to sections 423.7 and
  6 21 423.7A to the extent necessary to reimburse that fund
  6 22 for the expenditures not otherwise eligible to be made
  6 23 from the primary road fund, which are made for
  6 24 repairing, improving, and maintaining bridges over the
  6 25 rivers bordering the state.  Expenditures for those
  6 26 portions of bridges within adjacent states may be
  6 27 included when they are made pursuant to an agreement
  6 28 entered into under section 313.63, 313A.34, or
  6 29 314.10."
  6 30    #36.  Page 17, by striking lines 18 through 23.
  6 31    #37.  Page 17, by inserting before line 24 the
  6 32 following:
  6 33    "Sec. ___.  SEVERABILITY.  If any provision of this
  6 34 Act or the application of this Act to any person or
  6 35 circumstance is held invalid, the invalidity shall not
  6 36 affect other provisions or applications of this Act
  6 37 which shall be given effect without the invalid
  6 38 provision or application, and to this end the
  6 39 provisions of this Act are severable."
  6 40    #38.  By renumbering, relettering, or redesignating
  6 41 and correcting internal references as necessary.  
  6 42 SF 2415H
  6 43 da/pk/25
     

Text: S05752                            Text: S05754
Text: S05700 - S05799                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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