Text: HF02490 Text: HF02492 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2491
1 2
1 3 AN ACT
1 4 PROVIDING FOR THE PRODUCTION OF LIFE SCIENCE PRODUCTS, AND
1 5 PROVIDING FOR PENALTIES AND AN EFFECTIVE DATE.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 10B.4, subsection 2, Code 1999, is
1 10 amended by adding the following new paragraph:
1 11 NEW PARAGRAPH. g. If the reporting entity is a life
1 12 science enterprise, as provided in chapter 10C, as that
1 13 chapter exists on or before June 30, 2004, the total amount of
1 14 commercial sale of life science products and products other
1 15 than life science products which are produced from the
1 16 agricultural land held by the life science enterprise.
1 17 Sec. 2. NEW SECTION. 10C.1 DEFINITIONS.
1 18 1. "Actively engaged in farming" means the same as defined
1 19 in section 10.1.
1 20 2. "Agricultural commodity" means the same as defined in
1 21 section 190C.1.
1 22 3. "Agricultural land" means land suitable for use in
1 23 farming as defined in section 9H.1.
1 24 4. "Animal" means a creature belonging to the bovine,
1 25 caprine, equine, ovine, or porcine species.
1 26 5. "Corporation" means a domestic or foreign corporation
1 27 subject to chapter 490, a nonprofit corporation, or a
1 28 cooperative.
1 29 6. "Economic development board" or "board" means the
1 30 economic development board created pursuant to section 15.103.
1 31 7. "Family farm entity" means the same as defined in
1 32 section 10.1.
1 33 8. "Life science by-product" means a commodity, other than
1 34 a life science product, if the commodity derives from the
1 35 production of a life science product and the commodity is not
2 1 intended or used for human consumption.
2 2 9. "Life science enterprise" or "enterprise" means a
2 3 corporation or limited liability company organized for the
2 4 purpose of using biotechnological systems or techniques for
2 5 the production of life science products.
2 6 10. "Life science product" or "product" means a product
2 7 derived from an animal by using biotechnological systems or
2 8 techniques and which includes only the following:
2 9 a. Embryos or oocytes for use in animal implantation.
2 10 b. Blood, milk, or urine for use in the manufacture of
2 11 pharmaceuticals or nutriceuticals.
2 12 c. Cells, tissue, or organs for use in animal or human
2 13 transplantation.
2 14 11. "Limited liability company" means a limited liability
2 15 company as defined in section 490A.102.
2 16 Sec. 3. NEW SECTION. 10C.2 PURPOSE.
2 17 The purpose of this chapter is to promote economic growth
2 18 in this state during this period of revolutionary
2 19 technological advancement in animal and human health sciences,
2 20 by providing for the development of industries unrelated to
2 21 traditional farming, but devoted to the production of life
2 22 science products derived from animals.
2 23 Sec. 4. NEW SECTION. 10C.3 ENTERPRISES ENGAGED IN THE
2 24 CREATION AND DEVELOPMENT OF LIFE SCIENCE PRODUCTS –
2 25 PROHIBITION AND EXCEPTIONS.
2 26 Notwithstanding any other provision of law, a life science
2 27 enterprise may acquire or hold an ownership or leasehold
2 28 interest in agricultural land, if the economic development
2 29 board approves a life science enterprise plan as provided in
2 30 section 15.104. A life science enterprise must acquire or
2 31 hold the agricultural land pursuant to the plan which may be
2 32 amended as provided by the board. However, the life science
2 33 enterprise shall not hold a total of more than three hundred
2 34 twenty acres of agricultural land. The life science
2 35 enterprise shall hold the land only for purposes of producing
3 1 life science products according to the life science enterprise
3 2 plan. In addition, the life science enterprise shall not
3 3 acquire or hold agricultural land, if the life science
3 4 enterprise receives any form of financing from an Iowa
3 5 agricultural industry finance corporation as provided in
3 6 chapter 15E. A life science enterprise that complies with
3 7 this section may hold the interest in the agricultural land,
3 8 as provided in the plan, for as long as commercial sales of
3 9 products produced from the agricultural land are subject to
3 10 the following:
3 11 1. The sale of life science products.
3 12 2. The sale of cull livestock kept on the agricultural
3 13 land, surplus commodities produced as feed for livestock kept
3 14 on the agricultural land, or life science by-products.
3 15 Sec. 5. NEW SECTION. 10C.4 ENFORCEMENT – PENALTIES.
3 16 1. The office of attorney general or a county attorney
3 17 shall enforce the provisions of this chapter.
3 18 2. A life science enterprise violating this chapter shall
3 19 be assessed a civil penalty of not more than twenty-five
3 20 thousand dollars. Each day that a violation exists shall
3 21 constitute a separate offense. In addition, the life science
3 22 enterprise shall divest itself of any land held in violation
3 23 of this chapter within one year after judgment. The court may
3 24 determine the method of divesting an interest held by a life
3 25 science enterprise found to be in violation of this chapter.
3 26 A financial gain realized by the enterprise which disposes of
3 27 an interest held in violation of this chapter shall be
3 28 forfeited to the general fund of the state. All court costs
3 29 and fees shall be paid by the enterprise holding the interest
3 30 in violation of this chapter.
3 31 3. The courts of this state may prevent and restrain
3 32 violations of this chapter through the issuance of an
3 33 injunction. The attorney general or a county attorney shall
3 34 institute suits on behalf of the state to prevent and restrain
3 35 violations of this chapter.
4 1 Sec. 6. NEW SECTION. 10C.5 REPEAL.
4 2 Sections 10C.1 through 10C.4 and this section are repealed
4 3 July 1, 2004.
4 4 Sec. 7. NEW SECTION. 10C.6 EXISTING LIFE SCIENCE
4 5 ENTERPRISES.
4 6 This section applies on and after July 1, 2004.
4 7 1. a. A life science enterprise may acquire or hold
4 8 agricultural land, notwithstanding section 10C.5 as that
4 9 section exists in the 2003 Code or 2003 Code Supplement, if
4 10 all of the following applies:
4 11 (1) The life science enterprise acquires the agricultural
4 12 land on or before June 30, 2004.
4 13 (2) The enterprise acquires or holds the agricultural land
4 14 pursuant to chapter 10C as that chapter exists in the 2003
4 15 Code or 2003 Code Supplement.
4 16 (3) The economic development board has approved a life
4 17 science enterprise plan filed on or before June 30, 2004, with
4 18 the board. The enterprise must acquire or hold the
4 19 agricultural land pursuant to the plan which may be amended at
4 20 any time and approved by the board pursuant to section 15.104.
4 21 b. The life science enterprise must file a report with the
4 22 secretary of state as provided in section 10B.4.
4 23 2. A person who is a successor in interest to a life
4 24 science enterprise may acquire or hold agricultural land,
4 25 notwithstanding section 10C.5 as that section exists in the
4 26 2003 Code or 2003 Code Supplement, if all of the following
4 27 applies:
4 28 a. The person meets the qualifications of a life science
4 29 enterprise and acquires or holds the agricultural land as
4 30 provided in chapter 10C as that chapter exists in the 2003
4 31 Code or 2003 Code Supplement.
4 32 b. The person acquires or holds the agricultural land
4 33 according to the life science enterprise plan filed by the
4 34 person's predecessor in interest and approved by the economic
4 35 development board. The plan may be amended at any time and
5 1 approved by the board pursuant to section 15.104.
5 2 c. The person has filed a notice with the economic
5 3 development board as required by the board. The notice shall
5 4 state that the person is a successor in interest. The notice
5 5 must be filed with the board within thirty days following the
5 6 person's acquisition of the interest.
5 7 d. The person must file a report as a life science
5 8 enterprise with the secretary of state as provided in section
5 9 10B.4.
5 10 Sec. 8. Section 15.104, Code 1999, is amended by adding
5 11 the following new subsection:
5 12 NEW SUBSECTION. 4A. Review and approve or disapprove a
5 13 life science enterprise plan or amendments to that plan as
5 14 provided in chapter 10C as that chapter exists on or before
5 15 June 30, 2004, and according to rules adopted by the board. A
5 16 life science plan shall make a reasonable effort to provide
5 17 for participation by persons who are individuals or family
5 18 farm entities actively engaged in farming as defined in
5 19 section 10.1. The persons may participate in the life science
5 20 enterprise by holding an equity position in the life science
5 21 enterprise or providing goods or service to the enterprise
5 22 under contract. The plan must be filed with the board not
5 23 later than June 30, 2004. The life science enterprise may
5 24 file an amendment to a plan at any time. A life science
5 25 enterprise is not eligible to file a plan, unless the life
5 26 science enterprise files a notice with the board. The notice
5 27 shall be a simple statement indicating that the life science
5 28 enterprise may file a plan as provided in this section. The
5 29 notice must be filed with the board not later than June 30,
5 30 2001. The notice, plan, or amendments shall be submitted by a
5 31 life science enterprise as provided by the board. The board
5 32 shall consult with the department of agriculture and land
5 33 stewardship during its review of a life science plan or
5 34 amendments to that plan. The plan shall include information
5 35 regarding the life science enterprise as required by rules
6 1 adopted by the board, including but not limited to all of the
6 2 following:
6 3 a. A description of life science products to be developed
6 4 by the enterprise.
6 5 b. The time frame required by the enterprise to develop
6 6 the life science products.
6 7 c. The amount of capital investment required by the
6 8 enterprise to develop the life science products.
6 9 d. The number of acres of land required to produce the
6 10 life science products.
6 11 e. The type and extent of participation in the life
6 12 science enterprise by persons who are individuals or family
6 13 farm entities. If the plan does not provide for participation
6 14 or minimal participation, the plan shall include a detailed
6 15 explanation of the reasonable effort made by the life science
6 16 enterprise to provide for participation.
6 17 Sec. 9. DIRECTIONS TO CODE EDITOR. The Code editor may
6 18 transfer section 10C.6 to another chapter in the 2005 Code,
6 19 and correct internal references as necessary in order to
6 20 enhance the readability of the Code.
6 21 Sec. 10. EFFECTIVE DATE. This Act, being deemed of
6 22 immediate importance, takes effect upon enactment.
6 23
6 24
6 25
6 26 BRENT SIEGRIST
6 27 Speaker of the House
6 28
6 29
6 30
6 31 MARY E. KRAMER
6 32 President of the Senate
6 33
6 34 I hereby certify that this bill originated in the House and
6 35 is known as House File 2491, Seventy-eighth General Assembly.
7 1
7 2
7 3
7 4 ELIZABETH ISAACSON
7 5 Chief Clerk of the House
7 6 Approved , 2000
7 7
7 8
7 9
7 10 THOMAS J. VILSACK
7 11 Governor
Text: HF02490 Text: HF02492 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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