Text: SF02197 Text: SF02199 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 455B.207 CONTRACTORS SUBJECT TO 1 2 CIVIL PENALTIES. 1 3 1. As used in this section, all of the following apply: 1 4 a. "Contractor" means a person who owns or controls 1 5 animals that are produced by a contract producer at the 1 6 contract producer's contract confinement feeding operation 1 7 pursuant to a production contract. 1 8 b. "Contract confinement feeding operation" or "operation" 1 9 means a confinement feeding operation in which animals owned 1 10 or controlled by a contractor are produced by a contract 1 11 producer pursuant to a production contract. 1 12 c. "Contract producer" means a person who holds a legal 1 13 interest in a contract confinement feeding operation and who 1 14 produces animals owned or controlled by a contractor and kept 1 15 at the contract producer's operation. 1 16 d. "Produce" means to provide care and feed to animals 1 17 kept in a confinement feeding operation. 1 18 e. "Production contract" means an oral or written 1 19 agreement executed by a contractor and another party who may 1 20 be the contract producer, if all of the following apply: 1 21 (1) The agreement provides for the production of animals 1 22 owned or controlled by the contractor. 1 23 (2) A contract producer carries out the production at the 1 24 contract producer's operation according to the terms of an 1 25 agreement. 1 26 2. For purposes of this section, all of the following 1 27 apply: 1 28 a. A person is a contractor if all of the following 1 29 applies: 1 30 (1) The person executes a production contract with a 1 31 contract producer or another party for the production of 1 32 animals owned or controlled by the person. 1 33 (2) A contract producer carries out the production of the 1 34 animals pursuant to a production contract executed by the 1 35 contract producer, regardless of whether the person is a party 2 1 to that production contract. 2 2 b. A contractor owns or controls animals if the contractor 2 3 does any of the following: 2 4 (1) Owns a legal interest in the animals. 2 5 (2) Holds the right to purchase or sell the animals. 2 6 3. a. If a contract producer violates a provision of this 2 7 part, the contractor who owns or controls animals kept in the 2 8 contract producer's operation where the violation occurs shall 2 9 be deemed to have violated the same provision. 2 10 b. The contractor shall be subject to classification as a 2 11 habitual violator in the manner provided in section 455B.191. 2 12 c. The department or a court is not required to impose the 2 13 same penalty upon a contractor as the penalty imposed upon the 2 14 contract producer who commits a violation described in this 2 15 section. 2 16 4. This section does not apply to a contractor if the 2 17 total animal weight capacity of all animals owned or 2 18 controlled by the contractor in this state at the time of the 2 19 violation is two hundred thousand pounds or less for animals 2 20 other than bovine, or four hundred thousand pounds or less for 2 21 bovine. 2 22 EXPLANATION 2 23 This bill amends Code chapter 455B which in part regulates 2 24 animal feeding operations, including confinement feeding 2 25 operations. 2 26 The bill provides that a person who owns or controls 2 27 animals kept in a confinement feeding operation under contract 2 28 is deemed to have committed a violation of provisions 2 29 regulating water quality to the same extent as a contract 2 30 producer who owns the confinement feeding operation. The bill 2 31 provides that a person is a contractor if the person executes 2 32 a production contract with a contract producer or another 2 33 party for the production of animals owned by the person and a 2 34 contract producer carries out the production, regardless of 2 35 whether the person is a party to a contract with the producer. 3 1 The contractor is subject to classification as a habitual 3 2 violator as if the contractor were a contract producer. The 3 3 bill provides that the department or a court is not required 3 4 to impose the same penalty upon a contractor as the penalty 3 5 imposed on the contract producer who commits the violation. 3 6 The provision does not apply to a contractor, if the total 3 7 animal weight capacity of all animals owned or controlled by 3 8 the contractor is 200,000 pounds or less for animals other 3 9 than bovine, or 400,000 pounds or less for bovine. 3 10 A person who violates the part of the chapter regulating 3 11 water quality is, according to Code section 455B.191, subject 3 12 to a civil penalty of not more than $5,000. A person 3 13 classified as a habitual violator under that section is 3 14 subject to a civil penalty of $25,000. 3 15 LSB 5604XS 78 3 16 da/cls/14
Text: SF02197 Text: SF02199 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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