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Senate File 2387

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 455B.171, Code 1999, is amended by
  1  2 adding the following new subsections:
  1  3    NEW SUBSECTION.  8A.  "Confinement feeding operation
  1  4 contractor" means a person who owns or controls animals as
  1  5 provided in section 455B.200B, if all of the following apply:
  1  6    a.  The person executes a production contract with a
  1  7 contract producer or another party for the feeding of the
  1  8 animals owned or controlled by the person as provided in
  1  9 section 455B.200B.
  1 10    b.  A contract producer provides for the feeding of the
  1 11 animals pursuant to a production contract executed by the
  1 12 contract producer, regardless of whether the person is a party
  1 13 to that contract.
  1 14    c.  The person owns or controls a total of two hundred
  1 15 thousand pounds or more of animals other than bovine animals
  1 16 or four hundred thousand pounds or more of bovine animals.
  1 17    NEW SUBSECTION.  9A.  "Contract confinement feeding
  1 18 operation" means a confinement feeding operation in which
  1 19 animals owned or controlled by a contractor as provided in
  1 20 section 455B.200B are confined and fed by a contract producer
  1 21 pursuant to a production contract.
  1 22    NEW SUBSECTION.  9B.  "Contract producer" means a person
  1 23 who holds a legal interest in a contract confinement feeding
  1 24 operation and who confines and feeds animals owned or
  1 25 controlled by a confinement feeding operation contractor as
  1 26 provided in section 455B.200B.
  1 27    NEW SUBSECTION.  27A.  "Production contract" means an oral
  1 28 or written agreement executed by a confinement feeding
  1 29 operation contractor and another party who may be a contract
  1 30 producer, if all of the following apply:
  1 31    a.  The agreement provides for the feeding of animals owned
  1 32 or controlled by the confinement feeding operation contractor
  1 33 as provided in section 455B.200B.
  1 34    b.  The contract producer carries out the feeding at the
  1 35 contract producer's contract confinement feeding operation
  2  1 according to the terms of that agreement or another agreement.
  2  2    Sec. 2.  Section 455B.191, subsection 8, Code 1999, is
  2  3 amended to read as follows:
  2  4    8.  The following shall apply to violations involving
  2  5 animal feeding operations:
  2  6    a.  The department or a court is not required to impose the
  2  7 same penalty upon a confinement feeding operation contractor
  2  8 as the owner of a confinement feeding operation who is a
  2  9 contract producer for a violation of section 455B.203.
  2 10    b.  Moneys assessed and collected in civil penalties and
  2 11 interest earned on civil penalties, arising out of a violation
  2 12 involving an animal feeding operation, shall be deposited in
  2 13 the manure storage indemnity fund as created in section
  2 14 455J.2.
  2 15    Sec. 3.  Section 455B.200B, Code 1999, is amended by adding
  2 16 the following new subsection:
  2 17    NEW SUBSECTION.  3.  A person owns or controls animals as a
  2 18 confinement feeding operation contractor if the person does
  2 19 any of the following:
  2 20    a.  Owns a legal interest in the animals.
  2 21    b.  Holds the right to purchase or sell the animals.
  2 22    Sec. 4.  Section 455B.203, subsection 2, Code 1999, is
  2 23 amended to read as follows:
  2 24    2.  a.  A person shall not remove manure from a manure
  2 25 storage structure which is part of a confinement feeding
  2 26 operation for which a manure management plan is required under
  2 27 this section, unless the department approves a manure
  2 28 management plan submitted by the owner of the confinement
  2 29 feeding operation as provided by the department on forms
  2 30 prescribed by the department.  The department may adopt rules
  2 31 allowing a person to remove manure from a manure storage
  2 32 structure until the manure management plan is approved or
  2 33 disapproved by the department according to terms and
  2 34 conditions required by rules adopted by the department.
  2 35    b.  The department shall not approve a manure management
  3  1 plan unless it is signed by the person required to submit the
  3  2 plan.  If the manure management plan is required to be
  3  3 submitted by the owner of a contract confinement feeding
  3  4 operation who is a contract producer, the manure management
  3  5 plan must be jointly signed by the owner and the confinement
  3  6 feeding operation contractor who owns or controls the animals
  3  7 pursuant to a production contract.
  3  8    c.  The department shall approve or disapprove a manure
  3  9 management plan within sixty days of the date that the
  3 10 department receives a completed plan.  The department shall
  3 11 not issue a permit for the construction of a confinement
  3 12 feeding operation or a related animal feeding operation
  3 13 structure unless the applicant submits a manure management
  3 14 plan together with an application as provided in section
  3 15 455B.200A.
  3 16    Sec. 5.  Section 455B.203, subsection 7, Code 1999, is
  3 17 amended to read as follows:
  3 18    7.  A person submitting required to sign a manure
  3 19 management plan for approval by the department who is found in
  3 20 violation of the terms and conditions of the plan shall not be
  3 21 subject to an enforcement action other than assessment of a
  3 22 civil penalty pursuant to section 455B.191.  
  3 23                           EXPLANATION
  3 24    This bill amends Code chapter 455B which in part regulates
  3 25 animal feeding operations, including confinement feeding
  3 26 operations, by the department of natural resources.  Code
  3 27 section 455B.203 provides requirements for submitting manure
  3 28 management plans by persons who are owners of confinement
  3 29 feeding operations; which is usually the owner of the
  3 30 confinement feeding operation.  The Code section prohibits a
  3 31 person from removing manure from a manure storage structure
  3 32 which is part of a confinement feeding operation, unless the
  3 33 department approves a manure management plan.
  3 34    The bill prohibits the department from approving a manure
  3 35 management plan, unless it is signed by the person required to
  4  1 submit the plan.  The bill provides that if the manure
  4  2 management plan is required to be submitted by the owner of a
  4  3 contract confinement feeding operation who is a contract
  4  4 producer, the manure management plan must be jointly signed by
  4  5 the owner and the confinement feeding operation contractor who
  4  6 owns or controls the animals pursuant to a production
  4  7 contract.  The bill defines a confinement feeding operation
  4  8 contractor as a person who executes a production contract in
  4  9 which the animals owned or controlled by the person are fed by
  4 10 the owner of the confinement feeding operation.
  4 11    The bill provides that a person required to sign a manure
  4 12 management plan found in violation of the terms and conditions
  4 13 of the plan is subject to a civil penalty pursuant to Code
  4 14 section 455B.191.  That Code section provides that the
  4 15 violator is subject to a civil penalty of not more than
  4 16 $5,000.  A person classified as a habitual violator under that
  4 17 Code section is subject to a civil penalty of up to $25,000.  
  4 18 LSB 6292SV 78
  4 19 da/as/5
     

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