Text: HF00643 Text: HF00645 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 644 1 2 1 3 AN ACT 1 4 PROVIDING FOR MANURE APPLICATION REQUIREMENTS, PROVIDING FOR 1 5 FEES, MAKING PENALTIES APPLICABLE, AND PROVIDING EFFECTIVE 1 6 DATES. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 459.102, subsection 11, Code 2003, is 1 11 amended by striking the subsection, and inserting in lieu 1 12 thereof the following: 1 13 11. "Commercial manure service" means a sole proprietor or 1 14 business association as defined in section 9H.1, engaged in 1 15 the business of transporting, handling, storing, or applying 1 16 manure for a fee. 1 17 Sec. 2. Section 459.102, Code 2003, is amended by adding 1 18 the following new subsections: 1 19 NEW SUBSECTION. 11A. "Commercial manure service 1 20 representative" means a natural person who is any of the 1 21 following: 1 22 a. A manager of a commercial manure service. As used in 1 23 this paragraph a "manager" is a person who is actively 1 24 involved in the operation of a commercial manure service and 1 25 takes an important part in making management decisions 1 26 substantially contributing to affecting the success of the 1 27 commercial manure service. 1 28 b. An employee, agent, or contractor of a commercial 1 29 manure service, if the person is engaged in transporting, 1 30 handling, storing, or applying manure on behalf of the 1 31 commercial manure service. 1 32 NEW SUBSECTION. 15A. "Confinement site manure applicator" 1 33 means a person, other than a commercial manure service or a 1 34 commercial manure service representative, who applies manure 1 35 on land if the manure originates from a manure storage 2 1 structure. 2 2 NEW SUBSECTION. 19A. "Director" means the director of the 2 3 department of natural resources. 2 4 NEW SUBSECTION. 23A. "Family member" means a person 2 5 related to another person as parent, grandparent, child, 2 6 grandchild, sibling, or a spouse of such a related person. 2 7 Sec. 3. Section 459.103, subsection 2, Code 2003, is 2 8 amended to read as follows: 2 9 2. Any provision referring generally to compliance with 2 10 the requirements of this chapter as applied to animal feeding 2 11 operations also includes compliance with requirements in rules 2 12 adopted by the commission pursuant to this section, orders 2 13 issued by the department as authorized under this chapter, and 2 14 the terms and conditions applicable to licenses, 2 15 certifications, permits, or manure management plans required 2 16 under subchapter III. However, for purposes of approving or 2 17 disapproving an application for a construction permit as 2 18 provided in section 459.304, conditions for the approval of an 2 19 application based on results produced by a master matrix are 2 20 not requirements of this chapter until the department approves 2 21 or disapproves an application based on those results. 2 22 Sec. 4. NEW SECTION. 459.314A LICENSURE – COMMERCIAL 2 23 MANURE SERVICE. 2 24 A person shall not engage in the business of a commercial 2 25 manure service, unless the department issues the person a 2 26 commercial manure service license under this section. 2 27 1. The department shall not issue a license to a 2 28 commercial manure service unless each manager of the 2 29 commercial manure service is certified as a commercial manure 2 30 service representative pursuant to section 459.315. 2 31 2. The department shall not issue a license to a 2 32 commercial manure service, if the license for the commercial 2 33 manure service has been revoked within the previous three 2 34 years or a person who holds a controlling interest in the 2 35 commercial manure service held a controlling interest in 3 1 another commercial service which has been revoked within the 3 2 previous three years. 3 3 3. The department may impose conditions or limitations 3 4 upon the license. However, the issuance of a license shall 3 5 not be conditioned upon providing a bond or maintaining a 3 6 certain financial condition. A commercial manure service 3 7 shall be issued a single license regardless of the number of 3 8 sites where the commercial manure service operates offices. 3 9 4. A license application must be submitted to the 3 10 department on a form furnished by the department according to 3 11 procedures required by the department. The license shall 3 12 expire on March 1 of each year. 3 13 5. A commercial manure service shall be charged a license 3 14 fee as provided in section 459.316. 3 15 Sec. 5. NEW SECTION. 459.314B DISCIPLINARY ACTION – 3 16 COMMERCIAL MANURE SERVICE. 3 17 The department may issue an order to suspend or revoke the 3 18 license of a commercial manure service as provided in chapter 3 19 17A, including an order to immediately suspend or revoke the 3 20 license pursuant to section 17A.18A. The department may 3 21 suspend or revoke the license of a commercial manure service 3 22 for an applicable violation of this chapter. In addition, the 3 23 department may suspend or revoke a commercial manure service's 3 24 license for any of the following: 3 25 1. Committing a fraudulent act, including but not limited 3 26 to engaging in a deceptive act or practice, deliberately 3 27 misrepresenting or omitting a material fact in the license 3 28 application or submitting a statement verifying that an 3 29 employee may be substituted for certification without paying a 3 30 fee as provided in section 459.316. 3 31 2. Knowingly assisting a person in evading the provisions 3 32 of this chapter. 3 33 3. Knowingly employing or executing a contract with a 3 34 person who acts as a commercial manure service representative 3 35 who is not certified pursuant to section 459.315. 4 1 Sec. 6. Section 459.315, subsections 1 and 2, Code 2003, 4 2 are amended by striking the subsections and inserting in lieu 4 3 thereof the following: 4 4 1. a. A person shall not act as a commercial manure 4 5 service representative, unless the person is certified 4 6 pursuant to an educational program as provided in this 4 7 section. 4 8 b. A person shall not act as a confinement site manure 4 9 applicator, unless the person is certified pursuant to an 4 10 educational program as provided in this section. 4 11 Sec. 7. Section 459.315, subsection 3, paragraph a, Code 4 12 2003, is amended to read as follows: 4 13 a. A person required to be certified as a commercial 4 14 manureapplicatorservice representative must be certified by 4 15 the department each year. The person shall be certified after 4 16 completing an educational program which shall consist of an 4 17 examination required to be passed by the person or three hours 4 18 of continuing instructional courses which the person must 4 19 attend each year in lieu of passing the examination. 4 20 Sec. 8. Section 459.315, subsection 4, unnumbered 4 21 paragraph 1, Code 2003, is amended to read as follows: 4 22 The department shall adopt, by rule, requirements for the 4 23 certification, including educational program requirements. 4 24 The department may establish different educational programs 4 25 designed for commercial manureapplicatorsservice 4 26 representatives and confinement site manure applicators. The 4 27 department shall adopt rules necessary to administer this 4 28 section, including establishing certification standards, which 4 29 shall at least include standards forthetransporting, 4 30 handling,application, and storage ofstoring, and applying 4 31 manure, the potential effects of manure upon surface water and 4 32 groundwater, and procedures to remediate the potential effects 4 33 on surface water or groundwater. 4 34 Sec. 9. Section 459.315, subsection 4, paragraph b, Code 4 35 2003, is amended to read as follows: 5 1 b. The department shall administer the continuing 5 2 instructional courses, by either teaching the courses or 5 3 selecting persons to teach the courses, according to criteria 5 4 as provided by rules adopted by the department. The 5 5 department shall, to the extent possible, select persons to 5 6 teach the continuing instructional courses. The department is 5 7 not required to compensate persons to teach the continuing 5 8 instructional courses. In selecting persons, the department 5 9 shall consult with organizations interested inthe application5 10oftransporting, handling, storing, or applying manure, 5 11 includingassociations representing manure applicatorsthe 5 12 Iowa commercial nutrient applicators association and 5 13 associations representing agricultural producers. The Iowa 5 14 cooperative extension service in agriculture and home 5 15 economics of Iowa state university of science and technology 5 16 shall cooperate with the department in administering the 5 17 continuing instructional courses. The Iowa cooperative 5 18 extension service may teach continuing instructional courses, 5 19 train persons selected to teach courses, or distribute 5 20 informational materials to persons teaching the courses. 5 21 Sec. 10. Section 459.315, subsection 5, paragraph a, Code 5 22 2003, is amended to read as follows: 5 23 a. This section shall not require a person to be certified 5 24 as a commercial manureapplicatorservice representative if 5 25 any of the following applies: 5 26 (1) The person is any of the following: 5 27 (a) Actively engaged in farming who trades work with 5 28 another such person. 5 29 (b) Employed by a person actively engaged in farming not 5 30 solely as a manure applicator who applies manure as an 5 31 incidental part of the person's general duties. 5 32 (c) Engaged in applying manure as an incidental part of a 5 33 custom farming operation. 5 34 (d) Engaged in applying manure as an incidental part of a 5 35 person's duties as provided by rules adopted by the department 6 1 providing for an exemption. 6 2 (2) The person transports, handles, stores, or applies 6 3 manure for a period of thirty days from the date of initial 6 4 employment as a commercial manureapplicator ifservice 6 5 representative and all of the following apply: 6 6 (a) The person is actively seeking certification under 6 7 this section. 6 8 (b) The personapplying the manureisactingtransporting, 6 9 handling, storing, or applying manure under the instructions 6 10 and control of a certified commercial manureapplicator who is6 11both of the following:service representative. The commercial 6 12 manure service representative must be physically 6 13(a) Physicallypresent at the site where the manure is 6 14 located. 6 15(b) InThe commercial manure service representative must 6 16 also be in sight orhearingimmediate communication distance 6 17 of the supervised person. 6 18 Sec. 11. Section 459.315, subsection 6, Code 2003, is 6 19 amended to read as follows: 6 20 6. The department may charge a fee for certifying a person 6 21 under this section as provided in section 459.316.The fee6 22for certification shall be based on the costs of administering6 23and enforcing this section and paying the expenses of the6 24department relating to certification. A person who is6 25certified as a confinement site manure applicator as provided6 26in this section is exempt from paying the certification fee,6 27if all of the following apply:6 28a. The person is certified within one year from the date6 29that a family member has been certified as a confinement site6 30manure applicator.6 31b. The family member has paid the fee for that family6 32member's own certification.6 33 Sec. 12. NEW SECTION. 459.315A DISCIPLINARY ACTION – 6 34 COMMERCIAL MANURE SERVICE REPRESENTATIVES. 6 35 The department may issue an order to suspend or revoke the 7 1 certification of a commercial manure service representative 7 2 for a violation of this chapter. The department shall issue 7 3 an order for the suspension or revocation of a certificate as 7 4 provided in chapter 17A. The department may issue an order to 7 5 immediately suspend or revoke the certification 7 6 notwithstanding section 17A.18. 7 7 Sec. 13. Section 459.316, subsection 1, paragraph d, Code 7 8 2003, is amended to read as follows: 7 9 d.FeesEducational program fees paid by persons required 7 10 by the department to be certified as commercial manure 7 11applicatorsservice representatives or confinement site manure 7 12 applicators pursuant to section 459.315. The amount of the 7 13 educational program fees together with commercial manure 7 14 service licensing fees shall be adjusted annually by the 7 15 department based on the costs of administering section 459.315 7 16 and paying the expenses of the department relating to 7 17 certification. 7 18 (1) The fee for certification of a commercial manure 7 19 service representative shall not be more than seventy-five 7 20 dollars. A commercial manure service licensed pursuant to 7 21 section 459.314A may pay for the annual certification of its 7 22 employees. If a commercial manure service makes payment for 7 23 an employee to be certified as a commercial manure service 7 24 representative, and that employee leaves employment, the 7 25 commercial manure service may substitute a new employee to be 7 26 certified for the former employee. The department shall not 7 27 charge for the certification of the substituted employee. The 7 28 department may require that the commercial manure service 7 29 provide the department with documentation that the 7 30 substitution is valid. The department shall not charge the 7 31 fee to a person who is a manager of a commercial manure 7 32 service licensed pursuant to section 459.314A. The department 7 33 may require that the commercial manure service provide 7 34 documentation that a person is a manager. 7 35 (2) A person who is certified as a confinement site manure 8 1 applicator as provided in section 459.315 is exempt from 8 2 paying the certification fee if all of the following apply: 8 3 (a) The person is certified within one year from the date 8 4 that a family member has been certified as a confinement site 8 5 manure applicator. 8 6 (b) The family member has paid the fee for that family 8 7 member's own certification. 8 8 Sec. 14. Section 459.316, subsection 1, Code 2003, is 8 9 amended by adding the following new paragraph: 8 10 NEW PARAGRAPH. e. Fees paid by persons required by the 8 11 department to be licensed as a commercial manure service as 8 12 provided in section 459.314A. The fee for a commercial manure 8 13 service license shall not be more than two hundred dollars. 8 14 The amount of the licensing fees together with educational 8 15 program fees shall be adjusted annually by the department 8 16 based on the costs of administering section 459.315 and paying 8 17 the expenses of the department relating to certification. 8 18 Sec. 15. Section 459.316, subsection 2, Code 2003, is 8 19 amended to read as follows: 8 20 2.a. Except as provided in paragraph "b",Compliance 8 21 fees collected by the department shall be deposited into the 8 22 animal agriculture compliance fund created in section 459.401. 8 23 a.MoneysExcept as provided in paragraph "b", moneys 8 24 collected from all feesother than the annual compliance fee8 25 shall be deposited into the compliance fund's general account. 8 26 b. Moneys collected from the annual compliance fee shall 8 27 be deposited into the compliance fund's assessment account. 8 28 Moneys collected from commercial manure service license fees 8 29 and educational program fees shall be deposited into the 8 30 compliance fund's educational program account. 8 31b. Receipts that are required to be received by the8 32department from persons required to be certified pursuant to8 33section 459.315 may be used to compensate a person who teaches8 34continuing instructional courses in lieu of deposit into the8 35compliance fund.9 1 Sec. 16. Section 459.316, subsection 3, Code 2003, is 9 2 amended to read as follows: 9 3 3. At the end of each fiscal year the department shall 9 4 determine the balance of unencumbered and unobligated moneys 9 5 in the assessment account and the educational program account 9 6 of the animal agriculture compliance fund created pursuant to 9 7 section 459.401. 9 8 a. If onthat dateJune 30, the balance of unencumbered 9 9 and unobligated moneys in the assessment account is one 9 10 million dollars or more, the department shall adjust the rate 9 11 of the annual compliance fee for the following fiscal year. 9 12 The adjusted rate for the annual compliance fee shall be based 9 13 on the department's estimate of the amount required to ensure 9 14 that at the end of the following fiscal year the balance of 9 15 unencumbered and unobligated moneys in the assessment account 9 16 is not one million dollars or more. 9 17 b. If on June 30, the balance of unencumbered and 9 18 unobligated moneys in the educational program account is 9 19 twenty-five thousand dollars or more, the department shall 9 20 adjust the rate of the commercial manure service license fee 9 21 and the educational program fee for the following fiscal year. 9 22 The adjusted rate for the fees shall be based on the 9 23 department's estimate of the amount required to ensure that at 9 24 the end of the following fiscal year the balance of 9 25 unencumbered and unobligated moneys in the assessment account 9 26 is not twenty-five thousand dollars or more. 9 27 Sec. 17. Section 459.401, subsection 2, unnumbered 9 28 paragraph 1, Code 2003, is amended to read as follows: 9 29 The compliance fund is composed oftwothree accounts, the 9 30 general account,andthe assessment account, and the 9 31 educational program account. 9 32 Sec. 18. Section 459.401, subsection 2, paragraph a, 9 33 subparagraph (3), Code 2003, is amended by striking the 9 34 subparagraph and inserting in lieu thereof the following: 9 35 (3) Educational program fees required to be paid by 10 1 commercial service representatives or confinement site manure 10 2 applicators pursuant to section 459.316. 10 3 (3A) A commercial manure service license fee as provided 10 4 in section 359.316. 10 5 Sec. 19. Section 459.401, subsection 2, Code 2003, is 10 6 amended by adding the following new paragraph: 10 7 NEW PARAGRAPH. c. The educational program account is 10 8 composed of moneys collected from the commercial manure 10 9 service license fee and the educational program fee required 10 10 pursuant to section 459.316. 10 11 Sec. 20. Section 459.401, subsection 5, Code 2003, is 10 12 amended to read as follows: 10 13 5. Notwithstanding section 8.33, any unexpended balance in 10 14 an account of the compliance fund at the end of the fiscal 10 15 year shall be retained inthe fundthat account. 10 16 Notwithstanding section 12C.7, subsection 2, interest, 10 17 earnings on investments, or time deposits of the moneys in an 10 18 account of the compliance fund shall be credited tothe fund10 19 that account. 10 20 Sec. 21. PRIOR PAYMENT OF FEES. 10 21 1. a. A manager of a commercial manure service that has 10 22 paid a certification fee as provided in section 459.315, Code 10 23 2003, on or after January 1, 2003, but before the effective 10 24 date of this Act, shall not be required to pay a fee for a 10 25 commercial manure service license pursuant to section 459.316 10 26 until March 1, 2004. 10 27 b. A commercial manure service representative who has paid 10 28 a certification fee as provided in section 459.315, Code 2003, 10 29 on or after January 1, 2003, but before the effective date of 10 30 this Act, shall not be required to pay an educational program 10 31 fee required pursuant to section 459.316 until March 1, 2005. 10 32 2. The department may require that a person who is excused 10 33 from paying a commercial manure service license fee or an 10 34 educational program fee as provided in this section provide 10 35 documentation that the person is excused from paying the fee 11 1 when being issued a license or becoming certified. 11 2 Sec. 22. DIRECTIVE TO CODE EDITOR. The Code editor shall 11 3 transfer section 459.316, as amended by this Act, to a new 11 4 section 459.400. 11 5 Sec. 23. EFFECTIVE DATES. 11 6 1. Except as provided in subsection 2, this Act, being 11 7 deemed of immediate importance, takes effect upon enactment. 11 8 2. Section 459.314A, as enacted in this Act, takes effect 11 9 January 1, 2004. 11 10 11 11 11 12 11 13 CHRISTOPHER C. RANTS 11 14 Speaker of the House 11 15 11 16 11 17 11 18 MARY E. KRAMER 11 19 President of the Senate 11 20 11 21 I hereby certify that this bill originated in the House and 11 22 is known as House File 644, Eightieth General Assembly. 11 23 11 24 11 25 11 26 MARGARET THOMSON 11 27 Chief Clerk of the House 11 28 Approved , 2003 11 29 11 30 11 31 11 32 THOMAS J. VILSACK 11 33 Governor
Text: HF00643 Text: HF00645 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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