Text: HSB00738 Text: HSB00740 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 10B.4, subsection 2, Code 1999, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. g. If the reporting entity is a life
1 4 science enterprise, as provided in chapter 10C, the total
1 5 amount of commercial sales of life science products and
1 6 incidental sales associated with raising animals.
1 7 Sec. 2. NEW SECTION. 10C.1 DEFINITIONS.
1 8 1. "Agricultural commodity" means the same as defined in
1 9 section 190C.1.
1 10 2. "Agricultural land" means land suitable for use in
1 11 farming as defined in section 9H.1.
1 12 3. "Animal" means a creature belonging to the bovine,
1 13 caprine, equine, ovine, or porcine species; ostriches, rheas,
1 14 or emus; farm deer as defined in section 481A.1; or poultry.
1 15 4. "Corporation" means a domestic or foreign corporation
1 16 subject to chapter 490, a nonprofit corporation, or a
1 17 cooperative.
1 18 5. "Crop" means a plant used for food, animal feed, fiber,
1 19 or oil, including but not limited to a plant classified as a
1 20 forage or cereal plant.
1 21 6. "Life science enterprise" or "enterprise" means a
1 22 corporation or limited liability company organized for the
1 23 purpose of using biotechnological systems or techniques for
1 24 the production of life science products.
1 25 7. "Life science product" or "product" means a product
1 26 derived from an animal by using biotechnological systems or
1 27 techniques and which included only the following:
1 28 a. Embryos or oocytes for use in implantation.
1 29 b. Blood, milk, or urine for use in the manufacture of
1 30 pharmaceuticals or nutriceuticals.
1 31 c. Cells, tissue, or organs for use in transplantation.
1 32 8. "Limited liability company" means a limited liability
1 33 company as defined in section 490A.102.
1 34 Sec. 3. NEW SECTION. 10C.2 PURPOSE.
1 35 The purpose of this chapter is to promote economic growth
2 1 in this state during this period of revolutionary
2 2 technological advancement in animal and human health sciences,
2 3 by providing for the development of industries unrelated to
2 4 traditional farming, but devoted to the production of life
2 5 science products derived from animals.
2 6 Sec. 4. NEW SECTION. 10C.3 ENTERPRISES ENGAGED IN THE
2 7 CREATION AND DEVELOPMENT OF LIFE SCIENCE PRODUCTS –
2 8 PROHIBITION AND EXCEPTIONS.
2 9 Except as otherwise provided in this section, a life
2 10 science enterprise shall not hold an interest in agricultural
2 11 land as provided in section 9H.4. However, this section or
2 12 section 9H.4 shall not preclude such an enterprise from
2 13 holding an interest in land if all of the following apply:
2 14 1. The land is used for the purpose of producing life
2 15 science products.
2 16 2. The land is not used to produce agricultural
2 17 commodities, including crops, for any purpose except for crops
2 18 used to feed animals raised on the land for the purpose of
2 19 producing a life science product or incidental sales of
2 20 animals, including culls, which are raised for the purpose of
2 21 producing a life science product.
2 22 3. The life science enterprise does not hold a total of
2 23 more than one thousand five hundred acres of agricultural land
2 24 for use in producing life science products as provided in this
2 25 section. The enterprise may hold an ownership or leasehold
2 26 interest in the land.
2 27 Sec. 5. NEW SECTION. 10C.4 ENFORCEMENT – PENALTIES.
2 28 1. The office of attorney general or a county attorney
2 29 shall enforce the provisions of this chapter.
2 30 2. A life science enterprise violating this chapter shall
2 31 be assessed a civil penalty of not more than twenty-five
2 32 thousand dollars and shall divest itself of any land held in
2 33 violation of this section within one year after judgment. The
2 34 court may determine the method of divesting an interest held
2 35 by a life science enterprise found to be in violation of this
3 1 chapter. A financial gain realized by the enterprise which
3 2 disposes of an interest held in violation of this chapter
3 3 shall be forfeited to the general fund of the state. All
3 4 court costs and fees shall be paid by the enterprise holding
3 5 the interest in violation of this chapter.
3 6 3. The courts of this state may prevent and restrain
3 7 violations of this chapter through the issuance of an
3 8 injunction. The attorney general or a county attorney shall
3 9 institute suits on behalf of the state to prevent and restrain
3 10 violations of this chapter.
3 11 EXPLANATION
3 12 This bill creates new Code chapter 10C. According to the
3 13 bill, the purpose of the new Code chapter is to promote
3 14 economic growth in this state by providing for the development
3 15 of industries unrelated to traditional farming, but devoted to
3 16 the production of life science products derived from animals.
3 17 The bill provides that a life science product is a product
3 18 derived from an animal which includes only embryos or oocytes
3 19 for use in implantation; blood, milk, or urine for use in the
3 20 manufacture of pharmaceuticals or nutriceuticals; or cells,
3 21 tissue, or organs for use in transplantation.
3 22 The bill provides that a life science enterprise is
3 23 prohibited from holding an interest in agricultural land as
3 24 provided in Code chapter 9H, unless the land is used for the
3 25 purpose of producing life science products; the land is not
3 26 used to produce agricultural commodities, including crops, for
3 27 any purpose except for crops used to feed animals on the land
3 28 or incidental sales of animals; and the enterprise does not
3 29 hold a total of more than 1,500 acres of agricultural land.
3 30 The bill provides that the office of attorney general or a
3 31 county attorney shall enforce the provisions of the new Code
3 32 chapter. The bill provides that an enterprise violating
3 33 provisions of the Code chapter shall be assessed a civil
3 34 penalty of not more than $25,000 and shall divest itself of
3 35 any land held in violation of the 1,500-acre limit. The bill
4 1 provides that a court may grant an injunction in order to
4 2 restrain violations of the bill's provisions.
4 3 The bill also amends Code chapter 10B, which provides for
4 4 reporting of agricultural land holdings. The bill provides
4 5 that along with other information required to be reported, an
4 6 enterprise must report the total amount of commercial sales of
4 7 life science products and incidental sales associated with
4 8 raising animals. A person failing to report as required under
4 9 that chapter is subject to a civil penalty of $1,000.
4 10 LSB 6843YC 78
4 11 da/cf/24
Text: HSB00738 Text: HSB00740 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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