Text: SSB02073                          Text: SSB02075
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Senate Study Bill 2074

Bill Text

PAG LIN
  1  1    Section 1.  Section 9H.5, subsection 2, Code 1997, is
  1  2 amended by striking the subsection and inserting in lieu
  1  3 thereof the following:
  1  4    2.  a.  A person who holds an interest in an authorized
  1  5 entity shall not hold an interest in another authorized
  1  6 entity, if all authorized entities in which the person would
  1  7 hold an interest own or lease a combined total of more than
  1  8 one thousand five hundred acres of agricultural land.  If a
  1  9 person holds an interest in more than one authorized entity,
  1 10 all authorized entities in which the person holds an interest
  1 11 shall not own or lease a combined total of more than one
  1 12 thousand five hundred acres of agricultural land.
  1 13    b.  As used in this section, "interest in an authorized
  1 14 entity" means holding an interest as any of the following:
  1 15    (1)  A stockholder of an authorized farm corporation.
  1 16    (2)  A beneficiary of an authorized trust.
  1 17    (3)  A limited partner in a limited partnership which owns
  1 18 or leases agricultural land, other than a family farm limited
  1 19 partnership.
  1 20    (4)  A member of an authorized limited liability company.
  1 21    c.  This subsection shall not apply to a person holding an
  1 22 interest in an authorized entity to the extent that one of the
  1 23 following also applies:
  1 24    (1)  The person holds less than a thirty percent interest
  1 25 in each of the multiple authorized entities even though the
  1 26 combined number of acres of agricultural land owned or leased
  1 27 by the multiple authorized entities in which the person holds
  1 28 interests exceeds the limit provided in this section.
  1 29    (2)  The person's interest in the authorized entity was
  1 30 held on or before July 1, 1998.  
  1 31                           EXPLANATION
  1 32    This bill amends Code chapter 9H, which currently, in part,
  1 33 prohibits a person from acquiring an interest in more than one
  1 34 authorized farm corporation, authorized trust, authorized
  1 35 limited liability company, or limited partnership which owns
  2  1 or leases agricultural land.
  2  2    This bill provides that a person who holds an interest in
  2  3 one of these entities, defined in the bill as an "authorized
  2  4 entity", is prohibited from holding an interest in another
  2  5 authorized entity, if all authorized entities in which the
  2  6 person would hold an interest own or lease a combined total of
  2  7 more than 1,500 acres of agricultural land.  The bill also
  2  8 provides that if a person holds an interest in more than one
  2  9 authorized entity, all authorized entities in which the person
  2 10 holds an interest are prohibited from owning or leasing a
  2 11 combined total of more than 1,500 acres of agricultural land.
  2 12    These prohibitions do not apply to a person holding an
  2 13 interest in multiple authorized entities, if the person holds
  2 14 less than a 30 percent interest in each of the entities even
  2 15 though the combined number of acres of agricultural land owned
  2 16 or leased by the authorized entities exceeds the 1,500-acre
  2 17 limit.
  2 18    A variety of penalties would apply to a person in violation
  2 19 of the bill.  An authorized entity violating the bill is
  2 20 subject to a civil penalty of not more than $25,000 and must
  2 21 divest itself of any land held in violation of the bill within
  2 22 one year after judgment.  A civil penalty of not more than
  2 23 $1,000 may be imposed on a person who becomes a stockholder of
  2 24 an authorized farm corporation, beneficiary of an authorized
  2 25 trust, member of an authorized limited liability company, or
  2 26 limited partner in a limited partnership in violation of the
  2 27 bill.  The person must also divest the interest held by the
  2 28 person.  
  2 29 LSB 3516XL 77
  2 30 da/jw/5.1
     

Text: SSB02073                          Text: SSB02075
Text: SSB02000 - SSB02099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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