1997 SUMMARY OF LEGISLATION

AGRICULTURE

AGRICULTURE LEGISLATION

SENATE FILE 161 - Storage of Eggs (full text of act)

BY COMMITTEE ON AGRICULTURE. The Act exempts eggs gathered for sale at a poultry show, from fowl exhibited at the show, from storage temperature and consumer grade quality requirements in cases where the show has received financial assistance from the state in prior fiscal years. The Act appropriates $500 to the Department of Inspections and Appeals to reimburse the sponsoring agency of an exhibit where eggs are offered for sale, for expenses associated with the exhibit.

SENATE FILE 219 - Trespassing or Stray Livestock (full text of act)

BY COMMITTEE ON AGRICULTURE. This Act provides a cause of action to a landowner or a county or city, referred to as a local authority, when livestock is trespassing, or is taken into custody after straying from its owner's control.
The Act provides that a landowner may take custody of livestock if the livestock trespasses upon the landowner's land or is on a public road which adjoins the landowner's land. The Act also provides that a local authority may take custody of the livestock. The Act provides that the landowner or the local authority must provide notice to the livestock owner. The livestock owner is liable for damages caused by the livestock, including property damage and costs associated with the trespass or custody, including livestock maintenance costs during a period of custody.
After receiving notice, the livestock owner is required to pay damages to the landowner or local authority. Either party may bring an action in district court to determine liability. The court case must be heard on an expedited basis. If the case is not timely brought to court, or the livestock owner fails to pay the damages, or the identity of the livestock owner cannot be determined, title to the livestock transfers to the landowner or local authority. If the local authority takes custody of the livestock, the local authority must reimburse the landowner for the landowner's damages from proceeds received from the sale of the livestock.
The Act takes effect April 22, 1997.

SENATE FILE 235 - Restoration of Soil and Water Conservation Practices — Disaster Emergency (full text of act)

BY COMMITTEE ON AGRICULTURE. This Act provides that the commissioners of a soil and water conservation district may allocate moneys otherwise available for voluntary cost-share projects establishing soil and water conservation practices to provide for the restoration of permanent soil and water conservation practices that are damaged or destroyed because of a disaster emergency. The Act requires that for each project the commissioners must determine that allocation is necessary to save a soil and water conservation practice in order to prevent soil erosion in excess of soil loss limits. In order to allocate the moneys, the restoration must be made after the Governor declares a disaster emergency affecting the practices.
The Act allows the commissioners to use the moneys only to the extent that moneys from other sources are not adequate to provide for the restoration. The commissioners are required to submit a report to the State Soil Conservation Committee providing information regarding restoration projects and moneys allocated for the projects.

SENATE FILE 451 - Milk and Milk Products (full text of act)

BY COMMITTEE ON AGRICULTURE. This Act amends Code sections regulating the milk industry, including the collection, transportation and grading of milk.
The Act regulates three different entities, including a bulk milk tanker used to transport milk or fluid milk products, a milk grader who collects milk samples, and a milk hauler who transports raw milk or raw milk products. The Act provides that a milk hauler or a milk grader may color contaminated milk. It updates references to publications used in inspecting and testing milk and facilities. The Act authorizes the Department of Agriculture and Land Stewardship to establish standards of operation for milk haulers, milk graders and bulk milk tankers.
The Act amends provisions relating to licensing and permitting for persons involved in the industry. It imposes fees upon persons required to obtain licenses or permits by the department, including receiving stations, milk haulers, milk graders and bulk milk tankers. The Act establishes penalties for persons who act or solicit someone to act as milk haulers or milk graders or bulk milk tanker operators in violation of the Act. A person violating the Act's provisions is subject to a civil penalty of at least $100 but not more than $1,000 for a violation. A person is not subject to more than $10,000 for a continuing violation. The Act repeals Code chapters regulating butter production and cream grading.

SENATE FILE 472 - Construction or Expansion of Animal Feeding Operation Structures (full text of act)

BY COMMITTEE ON AGRICULTURE. This Act prohibits a person from constructing or expanding a structure that is part of a confinement feeding operation if the person is a party to a pending action for a violation of state law concerning a confinement feeding operation in which the person has a controlling interest and the action is commenced in district court by the Attorney General. The Act also prohibits a person from constructing or expanding a structure for five years after the date of the last violation committed by a person or confinement feeding operation in which the person holds a controlling interest during which the person or operation was classified as a habitual violator of state regulations by the Department of Natural Resources.
The Act does not prohibit a person from completing the construction or expansion of a structure if the person has an unexpired permit for the construction or expansion of the structure or the person is not required to obtain a permit for the construction or expansion of the structure.
The Act takes effect May 19, 1997.

SENATE FILE 555 - Pseudorabies Control (full text of act)

BY IVERSON AND GRONSTAL. This Act provides for the control and eradication of pseudorabies in swine by amending Code Chapter 166D, which regulates swine herds in this state. The Act provides that the Department of Agriculture and Land Stewardship must periodically determine the prevalence of pseudorabies in each county. It provides that regulations applying to quarantined herds classified in either stage I or II of the national pseudorabies program are extended to the herds while the state is classified in stage III of the program.
The Act provides that a certificate of inspection is no longer required to accompany swine which are "relocated" between premises when the ownership of the swine does not change. A certificate of inspection is issued by a licensed veterinarian prior to the interstate or intrastate movement of swine, and is similar to an official health certificate or veterinarian inspection certificate required when swine are moved generally. The Act provides that in order to relocate swine without a certificate of inspection, a transportation certificate must accompany the swine, the swine's owner must maintain information regarding the relocation in relocation records, and a certificate of inspection or an official health certificate or a veterinarian inspection certificate must be issued for the swine within 30 days prior to the date of relocation. The Act also provides that a certificate of inspection is no longer required to accompany swine because the ownership of a herd changes. However, the herd must be tested by statistical sampling, and if any part of the herd is moved, the swine must be accompanied by a certificate of inspection or an official health certificate or veterinarian certificate.
The Act changes current requirements that native Iowa feeder pigs which are moved from farm to farm do not have to be identified on a certificate of inspection. The Act provides that the parties to a transfer must agree in writing that the feeder pigs will not be commingled with other swine for 30 days rather than stating this understanding on the certificate of inspection. The exception from identification does not apply to dealers of feeder pigs. Feeder pigs must be accompanied by a certificate of inspection, an official health certificate or a veterinarian certificate.
The Act eliminates a requirement regarding vaccination of imported feeder swine. The Act provides that vaccination is required if the feeder swine are moved into a county where the department determines that 3 percent of the herds of the county are infected.
The Act provides for delayed effective dates. Provisions directing the department to adopt rules take effect April 29, 1997. The new requirements for the importation of feeder pigs take effect on January 1, 1998. The remainder of the Act takes effect on October 1, 1997.

HOUSE FILE 485 - Drainage Subdistricts (full text of act)

BY MERTZ. This Act amends Code Section 468.63, which provides for the establishment of a subdistrict within a drainage district by a person who desires a ditch or drain constructed from the person's land across the land of other owners, but who is unable to reach an agreement regarding the terms and conditions regarding its construction. The Act eliminates a requirement that the owner seeking to establish the subdistrict must provide special notice of the filing to each person whose land may be included in a subdistrict or may be subject to an assessment.

HOUSE FILE 687 - Beef Cattle Producers Association (full text of act)

BY COMMITTEE ON AGRICULTURE. This Act amends Code Chapter 181, which provides for the establishment and operation of the Iowa Beef Cattle Producers Association. This Act removes from the chapter references to the Iowa Beef Industry Council. The Act provides for the election of the executive committee of the Iowa Beef Cattle Producers Association by nonmembers in the same manner required for voting by members.
Code Chapter 181 authorizes the Secretary of Agriculture, upon petition, to conduct a referendum to determine whether a checkoff shall be collected on the sale of beef cattle and veal calves. The top rate under the assessment is 50 cents for beef cattle and 35 cents for veal calves. The Act provides for a special referendum for the assessment of up to $1 on beef cattle and veal calves. The Act provides for the distribution of the moneys raised by the checkoff. The Act eliminates a distribution of the proceeds to the National Livestock and Meat Board and the Beef Industry Council. The Act eliminates a provision establishing an assessment that is no longer applicable.

HOUSE FILE 694 - Brucellosis Eradication (full text of act)

BY COMMITTEE ON AGRICULTURE. This Act amends Code Chapter 164, which provides for the control and eradication of brucellosis among cattle herds in this state by the Department of Agriculture and Land Stewardship. Specifically, the chapter provides a number of requirements relating to the testing of cattle for brucellosis, the vaccination of cattle, the inspection of herds, the issuance of certificates for movement, the identification of cattle that have been tested or quarantined, the transfer of infected cattle, the importation of cattle, the sale of infected cattle, the appraisal of infected cattle, the indemnification of owners by the state and federal governments, the execution of reciprocal agreements with other states, and penalties for violating the chapter.
This Act makes a number of changes in these regulations in order to comply with current departmental practice. The Act raises the age from four to six months for heifers subject to care and feeding in a state-approved premises. It changes methods of identifying vaccinated cattle. It amends provisions prohibiting the transfer of untested cattle by eliminating an exception that allows the cattle to be transferred if not visibly parturient, increases the age from four to six months when the cattle may be transferred, and changes requirements applicable to cattle imported for exhibition. The Act also changes requirements for the importation of female cattle allowed to enter the state for feeding purposes. It allows the department to provide requirements for the tagging of cattle received for sale or shipment to a slaughtering establishment.
The Act provides for the applicability of the chapter's provisions to bison as well as cattle. The Act provides that the regulations apply to any other species of animal that the department by rule determines is capable of carrying and spreading brucellosis, which may include elk and goats. The Act limits indemnification for losses of animals carrying the disease to cattle and bison. A person who violates the Act's provisions is guilty of a simple misdemeanor.

RELATED LEGISLATION

SENATE FILE 30 -- Sales and Use Tax Exemptions — Products Used in Agricultural Production

(Complete summary under TAXATION)

This Act exempts from the sales and use tax ingredients and detergents used to enhance the application of commercial fertilizer, agricultural limestone, herbicides, pesticides, and insecticides used in agricultural production for market.

SENATE FILE 118 -- Substantive Code Corrections

(Complete summary under STATE GOVERNMENT)

This Act contains statutory corrections that adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, including updating references to the "Grade `A' Pasteurized Milk Ordinance" to reflect 1995 revisions.

SENATE FILE 205 -- Waivers and Exemptions Under New Jobs and Income Program

(Complete summary under ECONOMIC DEVELOPMENT)

This Act relates to continued eligibility under the New Jobs and Income Program by amending provisions concerning the ownership of land by nonresident aliens and the waiver of certain capital investment and job creation requirements.

SENATE FILE 292 -- Cooperative Corporations — Miscellaneous Provisions

(Complete summary under BUSINESS, BANKING & INSURANCE)

This Act amends several provisions governing the organization of cooperative corporations under Code Chapter 501 as enacted in 1996, by providing for the transfer of stock, the allocation of patronage dividends upon termination of membership, and distribution of assets upon the cooperative's dissolution.

SENATE FILE 299 -- Cooperative Associations — Qualified Mergers and Other Matters

(Complete summary under BUSINESS, BANKING & INSURANCE)

This Act amends Iowa Code Chapter 499, Cooperative Associations, which governs the organization and regulation of corporations formed under that chapter and referred to generally as associations, and Iowa Code Chapter 490, Business Corporations, governing the organization and regulation of corporations organized under that chapter, by amending a number of provisions applicable to associations, and creating a process allowing cooperative associations organized under Code Chapter 499 to merge with qualified corporations organized under Code Chapter 490.

SENATE FILE 362 -- Wild Animal Depredation Permits and Related Matters

(Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION)

This Act establishes a wild animal depredation unit in the Department of Natural Resources under an agreement with the U.S. Department of Agriculture, Animal Damage Control Division, to serve and act as the liaison to the Department of Natural Resources for producers who suffer crop and nursery damage due to wild animals.

SENATE FILE 417 -- Agricultural Extension Council Treasurers

(Complete summary under LOCAL GOVERNMENT)

This Act requires the treasurer of each agricultural extension council to execute a corporate surety bond of not less than $20,000 before taking office.

SENATE FILE 542 -- Supplemental and Other Appropriations and Miscellaneous Provisions

(Complete summary under APPROPRIATIONS)

This Act makes supplemental appropriations for FY 1996-1997 and appropriations for other fiscal years. The Act includes an appropriation of unspent lottery moneys to the Department of Natural Resources for allocation to the U.S. Department of Agriculture for animal damage control in Iowa and authority for the Department of Economic Development to negotiate concerning development of innovative approaches to value-added agricultural processes.

HOUSE FILE 132 -- Liability for Domesticated Animal Activities

(Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE)

This Act limits the liability of persons involved with animals classified as domesticated animals, including livestock.

HOUSE FILE 233 -- Cooperative Associations — Effective Date of Filings and Mergers

(Complete summary under STATE GOVERNMENT)

This Act amends Iowa Code Chapter 499, which applies to cooperative associations, by allowing the effective date of mergers and consolidations and the effective date of documents filed with the Secretary of State to be determined by the cooperative association rather than the date on which the Secretary of State takes formal action.

HOUSE FILE 615 -- Abandoned Coal Mines

(Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION)

This Act relates to abandoned coal mine expenditures under the Abandoned Mine Reclamation Program. The Division of Soil Conservation within the Department of Agriculture and Land Stewardship participates in the program and controls the Abandoned Mine Reclamation Fund.

HOUSE FILE 708 -- Appropriations — Agriculture and Natural Resources

(Complete summary under APPROPRIATIONS)

This Act relates to agriculture and natural resources by making appropriations to support related entities including the Department of Agriculture and Land Stewardship and the Department of Natural Resources.

HOUSE FILE 726 -- Tax Credits and Exemptions — Local Budget Practices — Property Tax Statements

(Complete summary under TAXATION)

Division I of this Act amends the Livestock Production Credit by replacing current net worth and gross income requirements with a requirement that the taxpayer have federal taxable income of not more than $99,600, which amount is adjusted for inflation each year. Commencing with the tax year beginning January 1, 1997, the credit only applies to cow-calf operations involving mature beef cows bred or for breeding, bred yearling heifers, and breeding bulls.

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Last update: Mon July 21, 1997
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