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1 1 SENATE RESOLUTION NO. ___
1 2 BY (PROPOSED COMMITTEE ON AGRICULTURE RESOLUTION
1 3 BY CHAIRPERSON RENSINK)
1 4 A Senate Resolution to request that the Legislative Council
1 5 establish a study committee to consider issues relating
1 6 to holding legal or equitable interests in agricultural
1 7 land.
1 8 WHEREAS, the General Assembly has enacted statutes,
1 9 including provisions in Iowa Code chapter 9H, which generally
1 10 prohibit persons, other than natural persons, from holding a
1 11 legal or equitable interest in agricultural land; and
1 12 WHEREAS, the ability of farmers to obtain adequate capital
1 13 and operating financing and to structure farming operations
1 14 consistent with modern business organization is necessary for
1 15 the continued existence of traditional farming and is
1 16 conducive to economic stability and efficiency; and
1 17 WHEREAS, over time certain limited exceptions have been
1 18 created in the law in recognition of the need to ensure that
1 19 capital can be made available to support farmers who elect to
1 20 organize their business operations on a basis other than as a
1 21 sole proprietorship, including exceptions for certain
1 22 corporate entities such as family farm corporations,
1 23 authorized corporations, and cooperative corporations; and
1 24 WHEREAS, a piecemeal approach to amending Iowa's corporate
1 25 farming laws has produced a complex number of provisions which
1 26 may function to include or exclude persons from holding
1 27 agricultural land or belonging to business organizations which
1 28 hold agricultural land, without regard to the law's original
1 29 purposes; and
1 30 WHEREAS, the General Assembly has long been engaged in
1 31 enacting measures to assist farmers and encourage persons to
1 32 begin and expand farming operations, including programs which
1 33 allow for the acquisition of necessary financing; NOW
1 34 THEREFORE,
1 35 BE IT RESOLVED BY THE SENATE, That the Legislative Council
2 1 is requested to establish a study committee to consider issues
2 2 relating to the holding of legal and equitable interests in
2 3 agricultural land by persons, including farmers who elect to
2 4 organize their business operations on a basis other than as a
2 5 sole proprietorship, including consideration of proposals
2 6 which allow farmers to attract investment and pool resources.
2 7 BE IT FURTHER RESOLVED, That the study committee consider
2 8 these issues in light of important challenges facing farmers
2 9 who must increasingly modernize their operations during this
2 10 period of increasing market efficiencies and competition, when
2 11 agricultural production is in the process of transformation.
2 12 BE IT FURTHER RESOLVED, That the study committee report its
2 13 findings and recommendations, including any bill proposals, to
2 14 the General Assembly prior to the 1998 Legislative Session.
2 15 LSB 2777SC 77
2 16 da/jj/8
Text: SSB00268 Text: SSB00270 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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