Text: H08756 Text: H08758 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2491, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. Section 10B.4, subsection 2, Code 1 6 1999, is amended by adding the following new 1 7 paragraph: 1 8 NEW PARAGRAPH. g. If the reporting entity is a 1 9 life science enterprise, as provided in chapter 10C, 1 10 as that chapter exists on or before June 30, 2004, the 1 11 total amount of commercial sale of life science 1 12 products and products other than life science products 1 13 which are produced from the agricultural land held by 1 14 the life science enterprise. 1 15 Sec. 2. NEW SECTION. 10C.1 DEFINITIONS. 1 16 1. "Actively engaged in farming" means the same as 1 17 defined in section 10.1. 1 18 2. "Agricultural commodity" means the same as 1 19 defined in section 190C.1. 1 20 3. "Agricultural land" means land suitable for use 1 21 in farming as defined in section 9H.1. 1 22 4. "Animal" means a creature belonging to the 1 23 bovine, caprine, equine, ovine, or porcine species. 1 24 5. "Corporation" means a domestic or foreign 1 25 corporation subject to chapter 490, a nonprofit 1 26 corporation, or a cooperative. 1 27 6. "Economic development board" or "board" means 1 28 the economic development board created pursuant to 1 29 section 15.103. 1 30 7. "Family farm entity" means the same as defined 1 31 in section 10.1. 1 32 8. "Life science enterprise" or "enterprise" means 1 33 a corporation or limited liability company organized 1 34 for the purpose of using biotechnological systems or 1 35 techniques for the production of life science 1 36 products. 1 37 9. "Life science product" or "product" means a 1 38 product derived from an animal by using 1 39 biotechnological systems or techniques and which 1 40 includes only the following: 1 41 a. Embryos or oocytes for use in animal 1 42 implantation. 1 43 b. Blood, milk, or urine for use in the 1 44 manufacture of pharmaceuticals or nutriceuticals. 1 45 c. Cells, tissue, or organs for use in animal or 1 46 human transplantation. 1 47 10. "Limited liability company" means a limited 1 48 liability company as defined in section 490A.102. 1 49 Sec. 3. NEW SECTION. 10C.2 PURPOSE. 1 50 The purpose of this chapter is to promote economic 2 1 growth in this state during this period of 2 2 revolutionary technological advancement in animal and 2 3 human health sciences, by providing for the 2 4 development of industries unrelated to traditional 2 5 farming, but devoted to the production of life science 2 6 products derived from animals. 2 7 Sec. 4. NEW SECTION. 10C.3 ENTERPRISES ENGAGED 2 8 IN THE CREATION AND DEVELOPMENT OF LIFE SCIENCE 2 9 PRODUCTS PROHIBITION AND EXCEPTIONS. 2 10 Notwithstanding any other provision of law, a life 2 11 science enterprise may acquire or hold an ownership or 2 12 leasehold interest in agricultural land, if the 2 13 economic development board approves a life science 2 14 enterprise plan as provided in section 15.104. A life 2 15 science enterprise must acquire or hold the 2 16 agricultural land pursuant to the plan which may be 2 17 amended as provided by the board. However, the life 2 18 science enterprise shall not hold a total of more than 2 19 three hundred twenty acres of agricultural land. The 2 20 life science enterprise shall hold the land only for 2 21 purposes of producing life science products according 2 22 to the life science enterprise plan. In addition, the 2 23 life science enterprise shall not acquire or hold 2 24 agricultural land, if the life science enterprise 2 25 receives any form of financing from an Iowa 2 26 agricultural industry finance corporation as provided 2 27 in chapter 15E. A life science enterprise that 2 28 complies with this section may hold the interest in 2 29 the agricultural land, as provided in the plan, for as 2 30 long as commercial sales of products produced from the 2 31 agricultural land are subject to the following: 2 32 1. The sale of life science products must equal at 2 33 least seventy-five percent of commercial sales of all 2 34 products produced from the agricultural land during 2 35 any year that the life science enterprise is required 2 36 to report under section 10B.4. 2 37 2. The sale of products other than life science 2 38 products must equal not more than twenty-five percent 2 39 of commercial sales of all products produced from the 2 40 agricultural land during any year that the life 2 41 science enterprise is required to report under section 2 42 10B.4. 2 43 Sec. 5. NEW SECTION. 10C.4 ENFORCEMENT 2 44 PENALTIES. 2 45 1. The office of attorney general or a county 2 46 attorney shall enforce the provisions of this chapter. 2 47 2. A life science enterprise violating this 2 48 chapter shall be assessed a civil penalty of not more 2 49 than twenty-five thousand dollars. Each day that a 2 50 violation exists shall constitute a separate offense. 3 1 In addition, the life science enterprise shall divest 3 2 itself of any land held in violation of this chapter 3 3 within one year after judgment. The court may 3 4 determine the method of divesting an interest held by 3 5 a life science enterprise found to be in violation of 3 6 this chapter. A financial gain realized by the 3 7 enterprise which disposes of an interest held in 3 8 violation of this chapter shall be forfeited to the 3 9 general fund of the state. All court costs and fees 3 10 shall be paid by the enterprise holding the interest 3 11 in violation of this chapter. 3 12 3. The courts of this state may prevent and 3 13 restrain violations of this chapter through the 3 14 issuance of an injunction. The attorney general or a 3 15 county attorney shall institute suits on behalf of the 3 16 state to prevent and restrain violations of this 3 17 chapter. 3 18 Sec. 6. NEW SECTION. 10C.5 REPEAL. 3 19 Sections 10C.1 through 10C.4 and this section are 3 20 repealed July 1, 2004. 3 21 Sec. 7. NEW SECTION. 10C.6 EXISTING LIFE SCIENCE 3 22 ENTERPRISES. 3 23 This section applies on and after July 1, 2004. 3 24 1. a. A life science enterprise may acquire or 3 25 hold agricultural land, notwithstanding section 10C.5 3 26 as that section exists in the 2003 Code or 2003 Code 3 27 Supplement, if all of the following applies: 3 28 (1) The life science enterprise acquires the 3 29 agricultural land on or before June 30, 2004. 3 30 (2) The enterprise acquires or holds the 3 31 agricultural land pursuant to chapter 10C as that 3 32 chapter exists in the 2003 Code or 2003 Code 3 33 Supplement. 3 34 (3) The economic development board has approved a 3 35 life science enterprise plan filed on or before June 3 36 30, 2004 with the board. The enterprise must acquire 3 37 or hold the agricultural land pursuant to the plan 3 38 which may be amended at any time and approved by the 3 39 board pursuant to section 15.104. 3 40 b. The life science enterprise must file a report 3 41 with the secretary of state as provided in section 3 42 10B.4. 3 43 2. A person who is a successor in interest to a 3 44 life science enterprise may acquire or hold 3 45 agricultural land, notwithstanding section 10C.5 as 3 46 that section exists in the 2003 Code or 2003 Code 3 47 Supplement, if all of the following applies: 3 48 a. The person meets the qualifications of a life 3 49 science enterprise and acquires or holds the 3 50 agricultural land as provided in chapter 10C as that 4 1 chapter exists in the 2003 Code or 2003 Code 4 2 Supplement. 4 3 b. The person acquires or holds the agricultural 4 4 land according to the life science enterprise plan 4 5 filed by the person's predecessor in interest and 4 6 approved by the economic development board. The plan 4 7 may be amended at any time and approved by the board 4 8 pursuant to section 15.104. 4 9 c. The person has filed a notice with the economic 4 10 development board as required by the board. The 4 11 notice shall state that the person is a successor in 4 12 interest. The notice must be filed with the board 4 13 within thirty days following the person's acquisition 4 14 of the interest. 4 15 d. The person must file a report as a life science 4 16 enterprise with the secretary of state as provided in 4 17 section 10B.4. 4 18 Sec. 8. Section 15.104, Code 1999, is amended by 4 19 adding the following new subsection: 4 20 NEW SUBSECTION. 4A. Review and approve or 4 21 disapprove a life science enterprise plan or 4 22 amendments to that plan as provided in chapter 10C as 4 23 that chapter exists on or before June 30, 2004, and 4 24 according to rules adopted by the board. A life 4 25 science plan shall make a reasonable effort to provide 4 26 for participation by persons who are individuals or 4 27 family farm entities actively engaged in farming as 4 28 defined in section 10.1. The persons may participate 4 29 in the life science enterprise by holding an equity 4 30 position in the life science enterprise or providing 4 31 goods or service to the enterprise under contract. 4 32 The plan must be filed with the board not later than 4 33 June 30, 2004. The life science enterprise may file 4 34 an amendment to a plan at any time. A life science 4 35 enterprise is not eligible to file a plan, unless the 4 36 life science enterprise files a notice with the board. 4 37 The notice shall be a simple statement indicating that 4 38 the life science enterprise may file a plan as 4 39 provided in this section. The notice must be filed 4 40 with the board not later than June 30, 2001. The 4 41 notice, plan, or amendments shall be submitted by a 4 42 life science enterprise as provided by the board. The 4 43 board shall consult with the department of agriculture 4 44 and land stewardship during its review of a life 4 45 science plan or amendments to that plan. The plan 4 46 shall include information regarding the life science 4 47 enterprise as required by rules adopted by the board, 4 48 including but not limited to all of the following: 4 49 a. A description of life science products to be 4 50 developed by the enterprise. 5 1 b. The time frame required by the enterprise to 5 2 develop the life science products. 5 3 c. The amount of capital investment required by 5 4 the enterprise to develop the life science products. 5 5 d. The number of acres of land required to produce 5 6 the life science products. 5 7 e. The type and extent of participation in the 5 8 life science enterprise by persons who are individuals 5 9 or family farm entities. If the plan does not provide 5 10 for participation or minimal participation, the plan 5 11 shall include a detailed explanation of the reasonable 5 12 effort made by the life science enterprise to provide 5 13 for participation. 5 14 Sec. 9. DIRECTIONS TO CODE EDITOR. The Code 5 15 editor may transfer section 10C.6 to another chapter 5 16 in the 2005 Code, and correct internal references as 5 17 necessary in order to enhance the readability of the 5 18 Code. 5 19 Sec. 10. EFFECTIVE DATE. This Act, being deemed 5 20 of immediate importance, takes effect upon enactment." 5 21 HF 2491S 5 22 da/cc/26
Text: H08756 Text: H08758 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Apr 7 03:35:55 CDT 2000
URL: /DOCS/GA/78GA/Legislation/H/08700/H08757/000406.html
jhf