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PAG LIN
1 1 SENATE FILE 2210
1 2
1 3 AN ACT
1 4 RELATING TO THE ACQUISITION AND HOLDING OF AGRICULTURAL LAND BY
1 5 QUALIFIED ENTERPRISES, BY PROVIDING FOR ACTIVITIES RELATED
1 6 TO BABY CHICKS AND FERTILIZED CHICKEN EGGS, PROVIDING
1 7 PENALTIES, AND PROVIDING AN EFFECTIVE DATE.
1 8
1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 10
1 11 Section 1. PURPOSE. The purpose of this Act is to promote
1 12 economic and agricultural prosperity in this state, by
1 13 providing opportunities for leading commercial enterprises
1 14 that are engaged in the advancement of animal and human health
1 15 sciences to acquire and hold agricultural land with certain
1 16 restrictions and in a manner that complements rather than
1 17 competes with the production of grain and livestock on farms
1 18 in this state, and promises to enhance this state's preeminent
1 19 position in agriculture.
1 20 Sec. 2. Section 10B.4A, Code 2001, is amended by adding
1 21 the following new unnumbered paragraph:
1 22 NEW UNNUMBERED PARAGRAPH. A person required to file a
1 23 report pursuant to this chapter is not required to register
1 24 with the secretary of state as otherwise required in any
1 25 chapter enumerated in this section.
1 26 Sec. 3. NEW SECTION. 10D.1 DEFINITIONS.
1 27 As used in this section, unless the context otherwise
1 28 requires:
1 29 1. "Agricultural land" means land suitable for use in
1 30 farming as defined in section 9H.1.
1 31 2. "Baby chicks" means the same as defined in section
1 32 168.1.
1 33 3. "Qualified enterprise" or "enterprise" means a domestic
1 34 or foreign corporation subject to chapter 490, a nonprofit
1 35 corporation organized under chapter 504A, a limited liability
2 1 company as defined in section 490A.102, a cooperative
2 2 association as defined in section 10.1, or a foreign business
2 3 as defined in section 567.1.
2 4 Sec. 4. NEW SECTION. 10D.2 QUALIFIED ENTERPRISES –
2 5 AGRICULTURAL LAND INTERESTS.
2 6 Notwithstanding any other provision of law, a qualified
2 7 enterprise may acquire or hold an ownership or leasehold
2 8 interest in agricultural land as long as the qualified
2 9 enterprise complies with all of the following requirements:
2 10 1. The enterprise files a notice with the secretary of
2 11 state not later than June 30, 2002. The notice shall be a
2 12 simple statement providing the name of the enterprise and the
2 13 address of the enterprise's registered office or registered
2 14 agent. The notice shall indicate that the enterprise intends
2 15 to acquire or hold an interest in agricultural land under this
2 16 chapter. The secretary of state shall file the notice
2 17 together with reports required for the enterprise as required
2 18 in chapter 10B.
2 19 2. The enterprise holds a total of not more than one
2 20 thousand two hundred eighty acres of agricultural land. The
2 21 enterprise must hold not more than eight hundred acres of
2 22 agricultural land in any one county.
2 23 3. The enterprise only holds the agricultural land for a
2 24 designated or incidental use.
2 25 a. A designated use must relate to producing baby chicks
2 26 or fertile chicken eggs for any of the following purposes:
2 27 (1) Sale or resale as breeding stock or breeding stock
2 28 progeny.
2 29 (2) Research, testing, or experimentation related to the
2 30 genetic characteristics of chickens.
2 31 (3) The production and sale of products using
2 32 biotechnological systems or techniques for purposes of
2 33 manufacturing animal vaccine, pharmaceutical, or nutriceutical
2 34 products.
2 35 b. An incidental use must be for a purpose related to the
3 1 sale of a surplus commodity or cull animal that is produced or
3 2 kept on the agricultural land, or to the sale of any by-
3 3 product that is produced as part of a designated use.
3 4 Sec. 5. NEW SECTION. 10D.3 ENFORCEMENT – PENALTIES.
3 5 1. The office of attorney general or a county attorney
3 6 shall enforce the provisions of this chapter.
3 7 2. A person who violates a provision of this chapter shall
3 8 be subject to all of the following:
3 9 a. The person shall be assessed a civil penalty of not
3 10 more than twenty-five thousand dollars. Each day that a
3 11 violation exists constitutes a separate offense.
3 12 b. The person shall be divested of any land held in
3 13 violation of this chapter within one year after judgment. The
3 14 court may determine the method of divesting an interest held
3 15 by a person found to be in violation of this chapter. A
3 16 financial gain realized by the person that disposes of an
3 17 interest held in violation of this chapter shall be forfeited.
3 18 c. The person shall pay all court costs and fees
3 19 associated with any enforcement action which shall be taxed as
3 20 court costs.
3 21 3. If the attorney general is the prevailing party, the
3 22 moneys required to be paid or forfeited by a person who
3 23 violates a provision of this chapter shall be deposited in the
3 24 general fund of the state. If the county attorney is the
3 25 prevailing party, the moneys shall be deposited in the general
3 26 fund of the county.
3 27 4. The courts of this state may prevent and restrain
3 28 violations of this chapter through the issuance of an
3 29 injunction. The attorney general or a county attorney shall
3 30 institute suits on behalf of the state to prevent and restrain
3 31 violations of this chapter.
3 32 5. A person who is in violation of this chapter shall not
3 33 be subject to an enforcement action other than as provided in
3 34 this section.
3 35 Sec. 6. EFFECTIVE DATE. This Act, being deemed of
4 1 immediate importance, takes effect upon enactment.
4 2
4 3
4 4
4 5 MARY E. KRAMER
4 6 President of the Senate
4 7
4 8
4 9
4 10 BRENT SIEGRIST
4 11 Speaker of the House
4 12
4 13 I hereby certify that this bill originated in the Senate and
4 14 is known as Senate File 2210, Seventy-ninth General Assembly.
4 15
4 16
4 17
4 18 MICHAEL E. MARSHALL
4 19 Secretary of the Senate
4 20 Approved , 2002
4 21
4 22
4 23
4 24 THOMAS J. VILSACK
4 25 Governor
Text: SF02209 Text: SF02211 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
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