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PAG LIN 1 1 Section 1. Section 7D.10A, Code 1999, is amended to read 1 2 as follows: 1 3 7D.10A ALLOCATION TOMANURE STORAGETHE ANIMAL FEEDING 1 4 OPERATION INDEMNITY FUND. 1 5 If moneys are not sufficient to support themanure storage1 6 animal feeding operation indemnity fund as provided in chapter 1 7 455J, the executive council may allocate from moneys in the 1 8 general fund of the state, which are not otherwise obligated 1 9 or encumbered, an amount to themanure storageanimal feeding 1 10 operation indemnity fund as provided under section 455J.2. 1 11 However, not more than a total of one million dollars shall be 1 12 allocated to themanure storageanimal feeding operation 1 13 indemnity fund at any time. 1 14 Sec. 2. Section 159.1, Code 1999, is amended by adding the 1 15 following new subsection: 1 16 NEW SUBSECTION. 2A. "Animal feeding operation" means the 1 17 same as defined in section 455B.161. 1 18 Sec. 3. NEW SECTION. 159.32 EMERGENCY ORDER. 1 19 The department may issue an emergency order for the care 1 20 and feeding of animals kept in an animal feeding operation as 1 21 provided in this section. 1 22 1. The order shall only apply to an animal feeding 1 23 operation that keeps five hundred or more animal units as 1 24 defined in section 455J.1. However, regardless of the number 1 25 of animal units kept at the animal feeding operation, the 1 26 order shall apply to an animal feeding operation which keeps 1 27 more than five hundred cattle, one thousand swine, or twenty 1 28 thousand chickens or turkeys. 1 29 2. The department may only issue an emergency order under 1 30 this section after receiving a petition by a county board of 1 31 supervisors in the county where the animal feeding operation 1 32 is located. The petition must include all of the following: 1 33 a. A description of the animal feeding operation, 1 34 including its address and the name of its owner. 1 35 b. A statement providing that the county will relinquish 2 1 the right to rescue or maintain neglected livestock as 2 2 provided in section 717.2A, or relinquish any claim for 2 3 maintenance provided to the neglected livestock according to 2 4 the terms of the emergency order. 2 5 c. A statement by a veterinarian licensed pursuant to 2 6 chapter 169 certifying that there is a clear, present, and 2 7 impending danger to the health of the animals due to a failure 2 8 to provide the animals care and feeding consistent with 2 9 customary animal husbandry practices. 2 10 3. The department may require that the state veterinarian 2 11 conduct an inspection of the animal feeding operation as 2 12 determined necessary by the department prior to issuing the 2 13 emergency order. The department may require inspections of 2 14 the animals by a state veterinarian during any period that the 2 15 emergency order is in effect. A county sheriff shall take all 2 16 actions necessary in order to rescue animals as directed by 2 17 the department. The law enforcement officer may enter onto an 2 18 animal feeding operation if the officer obtains a search 2 19 warrant issued by a court, or enters onto the premises in a 2 20 manner consistent with the laws of this state and the United 2 21 States, including Article I, section 8 of the Constitution of 2 22 the State of Iowa, or Amendment 4 to the Constitution of the 2 23 United States. 2 24 4. An emergency order is binding and effective 2 25 immediately, unless the order is modified, vacated, or stayed 2 26 at an administrative hearing or by a district court. The 2 27 emergency order shall be continued, modified, or revoked 2 28 within thirty days. If the department is appointed as a 2 29 receiver pursuant to section 159.32, the emergency order shall 2 30 continue until the receivership expires. 2 31 5. The emergency order may provide for any of the 2 32 following: 2 33 a. Reimbursement of expenses incurred by the county in 2 34 providing maintenance to neglected livestock as provided in 2 35 section 717.5, if the county subrogates its right to receive 3 1 moneys from the disposition of the animals under that section. 3 2 b. Rescuing, maintaining, and disposing of animals kept in 3 3 the animal feeding operation in the same manner as a local 3 4 authority as provided in sections 717.2A and 717.5, if the 3 5 county subrogates its right to receive moneys from the 3 6 disposition of the animals under that section. 3 7 c. Authorization under receivership as provided in section 3 8 159.33. 3 9 Sec. 4. NEW SECTION. 159.33 RECEIVERSHIP. 3 10 1. Upon issuance of an emergency order pursuant to section 3 11 159.32, the department may file a petition in the district 3 12 court requesting that the department be appointed as a 3 13 receiver to take custody of the animals, to provide for the 3 14 care and feeding of the animals as provided in section 159.32, 3 15 and to provide for the disposition of the animals. The 3 16 petition shall be filed in the county in which the animal 3 17 feeding operation is located. 3 18 2. The district court shall appoint the department as 3 19 receiver, if the court determines that there is a clear, 3 20 present, and impending danger to the health of the animals due 3 21 to a failure to provide the animals care and feeding 3 22 consistent with customary animal husbandry practices. The 3 23 hearing shall be a civil proceeding. If the case is related 3 24 to a criminal proceeding, the disposition shall not be part of 3 25 that proceeding and shall not be considered a criminal penalty 3 26 imposed on a person found in violation of section 717.2. 3 27 3. A petition filed by the department under subsection 1 3 28 shall be accompanied by the department's plan for disposition 3 29 of the animals, including the sale of all or part of the 3 30 animals for the benefit of the owner of the animals, the owner 3 31 of the animal feeding operation, and creditors. 3 32 4. The department may employ or retain a merchandiser to 3 33 effect the sale of the animals. 3 34 5. The department is entitled to reimbursement out of the 3 35 sale of the animals held in receivership for all expenses 4 1 incurred as court costs or in handling and disposing of 4 2 animals, and for all other costs directly attributable to the 4 3 receivership. The right of reimbursement of the department is 4 4 prior to any claims against the animals or proceeds of sales 4 5 of the animals. 4 6 6. When the plan of disposition is approved by the court 4 7 and executed by the department, the department shall be 4 8 discharged and the receivership terminated. At the 4 9 termination of the receivership, the department shall file a 4 10 final report containing the details of its actions, together 4 11 with such additional information as the court may require. 4 12 Sec. 5. NEW SECTION. 159.34 LIEN. 4 13 1. A statutory lien is imposed on all property of an 4 14 animal feeding operation subject to receivership under section 4 15 159.33. The lien shall arise when the department is appointed 4 16 receiver, and shall terminate when the receivership 4 17 terminates. 4 18 2. To perfect the lien, the department must file a lien 4 19 statement with the office of the county recorder and the 4 20 secretary of state. The lien statement shall disclose the 4 21 name of the animal feeding operation owner, and the address of 4 22 the animal feeding operation. The lien amount shall be the 4 23 department's estimate of the final cost of administering the 4 24 receivership reduced by the amount received by the department 4 25 from the disposition of the animals. 4 26 3. A lien perfected under this section is superior to and 4 27 shall have priority over a conflicting lien or security 4 28 interest in the property, including a lien or security 4 29 interest that was perfected prior to the creation of the lien 4 30 under this section. 4 31 Sec. 6. NEW SECTION. 159.35 ANIMAL FEEDING OPERATION 4 32 INDEMNITY FUND. 4 33 Upon the issuance of an emergency order pursuant to section 4 34 159.32, the department may order the transfer of any 4 35 unobligated amount deposited into the animal feeding 5 1 operation's indemnity fund which is necessary in order to pay 5 2 for costs associated with carrying out the emergency order. 5 3 The department shall transfer any unexpended moneys into the 5 4 fund upon the termination of the emergency order. 5 5 Sec. 7. Section 455B.109, subsection 4, Code 1999, is 5 6 amended to read as follows: 5 7 4. All civil penalties assessed by the department and 5 8 interest on the penalties shall be deposited in the general 5 9 fund of the state. However, civil penalties assessed by the 5 10 department and interest on penalties, arising out of 5 11 violations committed by animal feeding operations under 5 12 division II, part 2, shall be deposited in themanure storage5 13 animal feeding operation indemnity fund as created in section 5 14 455J.2. Civil penalties assessed by the department and 5 15 interest on the penalties arising out of violations committed 5 16 by animal feeding operations under division III, which may be 5 17 assessed pursuant to section 455B.191, shall be deposited in 5 18 themanure storageanimal feeding operation indemnity fund as 5 19 created in section 455J.2. 5 20 Sec. 8. Section 455B.191, subsection 8, Code 1999, is 5 21 amended to read as follows: 5 22 8. Moneys assessed and collected in civil penalties and 5 23 interest earned on civil penalties, arising out of a violation 5 24 involving an animal feeding operation, shall be deposited in 5 25 themanure storageanimal feeding operation indemnity fund as 5 26 created in section 455J.2. 5 27 Sec. 9. Section 455B.200A, subsection 2, paragraph a, Code 5 28 1999, is amended to read as follows: 5 29 a. An indemnity fee as provided in section 455J.3 which 5 30 the department shall deposit into themanure storageanimal 5 31 feeding operation indemnity fund created in section 455J.2. 5 32 Sec. 10. Section 455I.6, subsection 2, Code 1999, is 5 33 amended to read as follows: 5 34 2. Moneys collected from the assessment of civil penalties 5 35 and interest on civil penalties as provided for in this 6 1 section shall be deposited in themanure storageanimal 6 2 feeding operation indemnity fund as created in section 455J.2. 6 3 Sec. 11. Section 455J.1, subsection 5, Code 1999, is 6 4 amended to read as follows: 6 5 5. "Fund" means themanure storageanimal feeding 6 6 operation indemnity fund created in section 455J.2. 6 7 Sec. 12. Section 455J.2, subsections 1 and 3, Code 1999, 6 8 are amended to read as follows: 6 9 1.A manure storage indemnityAn animal feeding operation 6 10 indemnity fund is created as a separate fund in the state 6 11 treasury under the control of the department. The general 6 12 fund of the state is not liable for claims presented against 6 13 the fund. 6 14 3. The moneys collected under this section shall be 6 15 deposited in the fund and shall be appropriated to the 6 16 department for theexclusive purpose of providing moneys for6 17 following purposes: 6 18 a. Supporting programs as provided for in this chapter, 6 19 including providing for the cleanup of abandoned facilities as 6 20 provided in section 455J.5, and to pay the department for 6 21 costs related to administering the provisions of this chapter. 6 22 For each fiscal year, the department shall not use more than 6 23 one percent of the total amount which is available in the fund 6 24 or ten thousand dollars, whichever is less, to pay for the 6 25 costs of administration. 6 26 b. Paying for administrative costs associated with an 6 27 emergency order issued by the department of agriculture and 6 28 land stewardship pursuant to section 159.32. 6 29 Moneys in the fund shall not be subject to appropriation or 6 30 expenditure for any other purpose than provided in this 6 31 section. 6 32 Sec. 13. Section 455J.2, subsection 5, paragraph b, Code 6 33 1999, is amended to read as follows: 6 34 b. The executive council may allocate moneys from the 6 35 general fund of the state as provided in section 7D.10A in an 7 1 amount necessary to support the fund,including payment of7 2claims as provided in section 455J.5in order to support a 7 3 program provided in this chapter or an emergency order issued 7 4 by the department of agriculture and land stewardship pursuant 7 5 to section 159.32. However, an allocation of moneys from the 7 6 general fund of the state shall be made only if the amount of 7 7 moneys in the fund, which are not obligated or encumbered, and 7 8 not counting the department's estimate of the cost to the fund 7 9 for pending or unsettled claims and any amount required to be 7 10 credited to the general fund of the state under this 7 11 subsection, is less than one million dollars. 7 12 Sec. 14. NEW SECTION. 717.7 DEPARTMENT OF AGRICULTURE 7 13 AND LAND STEWARDSHIP – EMERGENCY ORDER. 7 14 The department of agriculture and land stewardship may 7 15 provide for the rescue and disposition of neglected animals as 7 16 provided in section 159.32. 7 17 EXPLANATION 7 18 This bill provides that the department of agriculture and 7 19 land stewardship may issue an emergency order for the care and 7 20 feeding of livestock kept in animal feeding operations. The 7 21 order applies to an animal feeding operation that keeps 500 or 7 22 more animal units as defined in Code section 455J.1. The bill 7 23 provides that, regardless of the number of animal units kept 7 24 at the animal feeding operation, the order shall apply to an 7 25 animal feeding operation which keeps more than 500 cattle, 7 26 1,000 swine, or 20,000 chickens or turkeys. 7 27 The bill provides that the county board of supervisors in 7 28 the county where the animal feeding operation is located must 7 29 petition the department. The bill provides that the emergency 7 30 order may provide for reimbursement of expenses incurred by a 7 31 county in providing maintenance to neglected livestock as 7 32 provided in Code section 717.5, if the county subrogates its 7 33 right to receive moneys from the disposition of the animals 7 34 under that section. The bill allows the department to rescue, 7 35 maintain, and dispose of animals in the same manner that a 8 1 county may rescue, maintain, or dispose of the animals under 8 2 those Code sections. It also authorizes the department to 8 3 petition a court to be appointed as a receiver of the animals, 8 4 in order to take custody of the animals, and to provide for 8 5 their disposition according to a plan approved by the court. 8 6 The bill provides for the reimbursement to the department for 8 7 costs related to administration. 8 8 The bill imposes a statutory lien on all property of an 8 9 animal feeding operation subject to receivership. The bill 8 10 provides procedures for filing the lien. The bill provides 8 11 that the lien is superior to and shall have priority over a 8 12 conflicting lien or security interest in the property, 8 13 including a lien or security interest that was perfected prior 8 14 to the creation of the lien under this provision of the bill. 8 15 The bill also authorizes the department to order the transfer 8 16 of any unobligated moneys in the manure storage indemnity fund 8 17 which the bill renames as the animal feeding operation 8 18 indemnity fund. 8 19 LSB 6798SV 78 8 20 da/cf/24.1
Text: SF02346 Text: SF02348 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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