Text: SF00336                           Text: SF00338
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Senate File 337

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 200.22, subsection 1, Code 2003, is
  1  2 amended by adding the following new paragraphs:
  1  3    NEW PARAGRAPH.  0a.  "Agricultural land " means the same as
  1  4 defined in section 6A.21.
  1  5    NEW PARAGRAPH.  0b.  "Commercial applicator" means a person
  1  6 who engages in the business of and charges a fee for applying
  1  7 fertilizer or soil conditioner on the land of another person,
  1  8 including an employee, agent, or subcontractor of the person.
  1  9    NEW PARAGRAPH.  c.  "Major water source" means the same as
  1 10 defined in section 459.102.
  1 11    NEW PARAGRAPH.  d.  "Residence" means a house or other
  1 12 building which is used as a place of habitation for humans on
  1 13 a permanent and frequent basis; is not readily mobile; and is
  1 14 connected to a permanent source of electricity, a permanent
  1 15 private water supply or a public water supply system, and a
  1 16 permanent domestic sewage disposal system including a private,
  1 17 semipublic, or public sewage disposal system.
  1 18    Sec. 2.  Section 200.22, subsections 2 and 3, Code 2003,
  1 19 are amended to read as follows:
  1 20    2.  Except as provided in subsection 3, the following shall
  1 21 apply:
  1 22    a.  The provisions of this chapter and rules adopted by the
  1 23 department pursuant to this chapter shall preempt local
  1 24 legislation adopted by a local governmental entity relating to
  1 25 the use, sale, distribution, storage, transportation,
  1 26 disposal, formulation, labeling, registration, or manufacture
  1 27 of a fertilizer or soil conditioner.
  1 28    b.  A local governmental entity shall not adopt or continue
  1 29 in effect local legislation relating to the use, sale,
  1 30 distribution, storage, transportation, disposal, formulation,
  1 31 labeling, registration, or manufacture of a fertilizer or soil
  1 32 conditioner, regardless of whether a statute or rule adopted
  1 33 by the department applies to preempt the local legislation.
  1 34    PARAGRAPH DIVIDED.  Local legislation in violation of this
  1 35 section is void and unenforceable.
  2  1    3.  This section Subsection 2 does not apply to local any
  2  2 of the following:
  2  3    a.  Local legislation of general applicability to
  2  4 commercial activity.
  2  5    b.  Local legislation adopted by a local governmental
  2  6 entity that regulates the application, use, sale, or
  2  7 distribution of a fertilizer or soil conditioner for use on
  2  8 land where there is located a residence in the watershed of a
  2  9 major water source.  The land must be located within the local
  2 10 governmental entity's jurisdictional limits, which includes a
  2 11 city's incorporated area and the unincorporated area in which
  2 12 a city has extended its zoning ordinance pursuant to section
  2 13 414.23.  However, this paragraph does not apply to local
  2 14 legislation that regulates the application, use, sale, or
  2 15 distribution of a fertilizer or soil conditioner for any of
  2 16 the following:
  2 17    (1)  Use on agricultural land.
  2 18    (2)  The activities of a commercial applicator.  
  2 19                           EXPLANATION
  2 20    This bill amends Code chapter 200, regulating fertilizers
  2 21 and soil conditioners.  Code section 200.22 provides that the
  2 22 provisions of the chapter and rules adopted by the department
  2 23 of agriculture and land stewardship preempt legislative
  2 24 measures adopted by a local governmental entity such as a
  2 25 county or city, if the local legislation or regulations relate
  2 26 to the use, sale, distribution, storage, transportation,
  2 27 disposal, formulation, labeling, registration, or manufacture
  2 28 of fertilizers and soil conditioners.  There is an exception
  2 29 for local legislation of general applicability to commercial
  2 30 activity.  The bill adds another exception to the section by
  2 31 providing that state preemption does not apply to local
  2 32 legislation that regulates the application, use, sale, or
  2 33 distribution of a fertilizer or soil conditioner for use on
  2 34 land within the watershed of a lake where there is a
  2 35 residence.  The bill provides that the exception does not
  3  1 apply if the land is agricultural land or to the activities of
  3  2 a commercial applicator.  
  3  3 LSB 2062XS 80
  3  4 da/pj/5
     

Text: SF00336                           Text: SF00338
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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