2000 Summary of Legislation AGRICULTURE Published by the Iowa General Assembly -- Legislative Service Bureau

AGRICULTURE LEGISLATION

SENATE FILE 466 - Remediation of Agrichemical Sites (full text of act)

   BY COMMITTEE ON WAYS AND MEANS. This Act creates new Code Chapter 161, referred to as the "Iowa Agrichemical Remediation Act." The Act provides for the remediation of sites where there has been contamination because of a release of pesticides or fertilizers.

   The remediation process is governed by the Department of Agriculture and Land Stewardship and an Agrichemical Remediation Board created under the Act. Existing provisions governing remediation are provided in Code Section 455B.601 and administered by the Department of Natural Resources (DNR). The Act provides that a person may execute an agreement with the Agrichemical Remediation Board for the remediation of a contaminated site under the direction of the Department of Agriculture and Land Stewardship. A person who does not execute such an agreement is required to remediate a site as required by the DNR.

   The Agrichemical Remediation Board includes the Secretary of Agriculture, the Director of the DNR, and private members who include farmers and persons involved in the distribution and manufacture of fertilizers and pesticides. The Act provides that remediation must be conducted according to a plan of remediation incorporated within a remediation agreement executed by a person responsible for the remediation and the board. The remediation must be carried out according to standards adopted by the DNR. The Act provides for the prioritization of contaminated sites, which is closely based on Code Section 455B.601 ("Pesticide and Fertilizer Contaminated Sites -- Prioritization of Cleanup"). The Act provides that a contaminated site must be cleaned up based on a low, medium or high priority status.

   The Act establishes an Agrichemical Remediation Fund. The Act provides that the fund must be used exclusively to support agrichemical remediation, including the payment of claims and the administration of the Act by the board and the Department of Agriculture and Land Stewardship. Senate File 2430 (see Appropriations) appropriated moneys to support the fund.

   Under this Act, the remediation agreement must provide for the procedures for remediation, a remediation schedule, and the classification and prioritization of the site. The department may contract with a person to review a remediation agreement and ensure compliance with the plan for remediation. A responsible person is eligible to execute an agreement if the person is not subject to criminal charges, the person performed reasonable measures necessary for the immediate abatement of any prohibited release, and the person is complying with administrative orders.

   The Act provides for the payment of claims incurred by an eligible person remediating a contaminated site, as provided in the remediation agreement. The Act provides procedures for the payment of claims, including emergency or ordinary payments. The Act provides limits on the amount of reimbursement, including a deductible. The Act provides that the amount of the claim cannot be more than $250,000 to pay the costs of remediating a contaminated site.

   The Act also provides that the remediation requirements of Code Section 455B.601 do not apply if a responsible person executes a remediation agreement with the Agrichemical Remediation Board. It also makes changes in a manner consistent with provisions in new Code Chapter 161.

   The Act requires the Department of Agriculture and Land Stewardship, in cooperation with the board, to submit a report to the General Assembly by January of each odd-numbered year.

SENATE FILE 2010 - Traditional Livestock Producers -- Linked Investment Loans (full text of act)

   BY ANGELO. This Act amends several provisions relating to the Traditional Livestock Producers Linked Investment Loan Program.

   During the 1999 Session, the General Assembly enacted H.F. 779 (1999 Iowa Acts, Chapter 177), which established the program to increase the availability of lower-cost loans to traditional livestock producers. The program, codified in Code Section 12.43A, set forth eligibility requirements for participation in the program. The Code section provides that a borrower must be a "traditional livestock producer" who is the owner of the operation and is involved in making management decisions and performing physical work which significantly contributes to the care and feeding of the livestock. This Act rewrites that requirement to provide that the person must be actively engaged in the livestock operation by making management decisions and performing physical work relating to the care and feeding of the livestock on a regular, continuous and substantial basis in a manner that is essential to the success of the livestock operation.

   According to the current Code section, the gross income earned by the borrower's farm operation must be more than $50,000 but not more than $300,000 for the last tax year, and at least 50 percent of the gross income earned by the borrower's farm operation during the last tax year must derive from livestock owned and sold by the borrower. This Act amends that section to require that the gross income not exceed $500,000 and that the gross income from livestock be computed as an average of the gross income earned by the farm operation in the three preceding tax years.

   The Act also provides that for the fiscal year beginning July 1, 2000, and ending June 30, 2001, the Treasurer of State must provide a preference in entering into agreements under the program in order to increase the availability of lower-cost loans to traditional livestock producers who have liquidated swine herds on or after March 1, 2000, due to pseudorabies (see S.F. 2312).

SENATE FILE 2312 - Pseudorabies Control (full text of act)

   BY COMMITTEE ON AGRICULTURE. This Act amends Code Chapter 166D, which regulates pseudorabies, a disease affecting swine. The Department of Agriculture and Land Stewardship administers the chapter under regulations administered by the U. S. Department of Agriculture referred to as the National Pseudorabies Eradication Program.

KEY TERMS. Code Chapter 166D regulates noninfected herds, infected herds, and herds of unknown status. A noninfected herd is classified as a qualified negative herd, a monitored herd, or a qualified differentiable negative herd. An infected herd is either subject to a cleanup plan or quarantined. In all cases, a noninfected or infected herd is subject to testing requirements. A herd that does not comply with the testing requirements is referred to as a herd of unknown status.

   A herd that is infected must be part of a cleanup plan or be subject to quarantine. A cleanup plan may be a herd cleanup plan or a feeder pig cooperator herd cleanup plan. A person may keep feeder pigs under either plan. However, a person who moves feeder pigs must adopt a feeder pig cooperator herd cleanup plan.

   Swine are transported by either "relocation," meaning that the ownership of the swine does not change, or by "movement," meaning that the ownership of the swine does change. Swine that are transported generally must be accompanied with a certificate of inspection signed by a licensed veterinarian. The document certifies that the swine are free from disease, including pseudorabies.

   The Act also refers to "restricted movement" in which swine are moved or relocated to a fixed concentration point, a slaughtering establishment, or, in some cases, to an approved premises. Code Chapter 166D defines a "concentration point" as a location or facility where swine are assembled for purposes of sale or resale for feeding, breeding or slaughtering. According to the Act, a fixed concentration point is a permanent location where swine are assembled for the purpose of movement to a slaughtering establishment. An approved premises is a location where feeder pigs and cull swine are moved or relocated for purposes of feeding prior to slaughter.

REGULATION OF INFECTED HERDS. The Act reduces, from 30 to 15 days, the time before an infected herd must adopt a cleanup plan or be quarantined. The Act provides that regardless of the type of plan adopted, all infected breeding herds must be tested within 15 days from when the herd is found to be infected. All breeding swine reacting positively to the test must be removed to slaughter. Subsequent retesting and removal are required every 30 days until the breeding herd is noninfected.

   The Act provides that if feeder pigs or cull swine are transported to an approved premises, the plan must provide for the segregation of feeder pigs and identify the location of the approved premises.

TRANSPORTATION. The Act adds a requirement for relocated swine to be exempt from having a certificate of inspection. Under the Act, the swine must also have a current negative pseudorabies status.

   The Act rewrites a number of provisions governing the movement and relocation of swine. The Act provides a number of requirements for swine transported by restricted movement. The swine must be accompanied by a special permit, and the vehicle moving the swine must be sealed to prevent access until reaching its destination.

   For swine from a noninfected herd that are moved for breeding purposes, the swine must be moved from a qualified negative herd or qualified differentiable negative herd, or react negatively to a test within 30 days prior to movement. For swine that are exposed or are from a herd of unknown status, the swine cannot be moved or relocated, other than by restricted movement to a fixed concentration point or to a slaughtering establishment. Otherwise, the swine must react negatively to a test within 30 days prior to movement or relocation. For swine from an infected herd, generally, the swine must be moved by restricted movement to a fixed concentration point or slaughtering establishment. However, for feeder pigs or noninfected cull swine that are part of a cleanup plan, the swine may also be moved or relocated to an approved premises.

   The Act places a number of restrictions upon the movement of swine from a herd located outside of the state. For swine from a herd, other than a noninfected herd, the swine must be moved either to a fixed concentration point or to a slaughtering establishment. If the swine originate from a noninfected herd, swine may be moved into an in-state herd under a number of conditions. Breeding swine must be moved from a qualified negative herd or qualified differentiable negative herd or the swine must react negatively to a test within 30 days prior to movement. Special requirements apply for swine moved into a county that is in Stage II of the National Pseudorabies Eradication Program. The owner of the swine must vaccinate the swine prior to movement. This vaccination requirement does not apply for swine that cannot be vaccinated under the law of the state or country from which the herd is moved, swine which are isowean feeder pigs (under 20 pounds), or swine moved either to a fixed concentration point or to a slaughtering establishment. The swine must be vaccinated when moved into a herd located within a Stage II county.

APPROVED PREMISES. The Act regulates approved premises which are used exclusively to keep feeder pigs or cull swine, and which may include feeder pigs from an infected herd, but not exposed swine or swine from an unknown origin (i.e., untested swine). An approved premises operates under a certification issued by the department according to a number of terms and conditions, including compliance with the Act's requirements and departmental rules. The terms and conditions must be incorporated within a cleanup plan. The certification terminates once all other herds in its county have a zero percent infection rate.

   The swine cannot be moved or relocated to an approved premises unless the swine reacts negatively to a test and is vaccinated. A cull swine must be tested and vaccinated prior to movement or relocation. A feeder pig must be vaccinated upon arrival at the approved premises.

   Generally, an approved premises cannot be located within three miles from a qualified negative herd or a qualified differentiable negative herd. It cannot be located within 1.5 miles from a monitored herd. In addition, an approved premises cannot be located in a county designated by the department as in Stage III of the National Pseudorabies Eradication Program, or a county which has a zero percent prevalence of infection at any time on or after March 1, 2000.

VACCINATION AND TESTING REQUIREMENTS. The Act requires that swine within a county which is designated by the department as in Stage II of the National Pseudorabies Eradication Program be vaccinated with a modified live differentiable vaccine. However, there are a number of exceptions to this requirement. First, it does not apply to a herd classified as a qualified negative herd or a qualified differentiable negative herd. It also does not apply to a herd located in a county that has a history of zero percent prevalence of infection and all contiguous counties have a zero percent prevalence rate.

   In any case, federal or state funds cannot be used to pay for costs associated with a vaccine other than a modified-live differentiable vaccine. The person who owns the swine required to be vaccinated will be solely liable for providing the vaccine and administering the vaccination.

CONCENTRATION POINTS. For swine from a noninfected herd, the swine may move through any concentration point with minimal regulation. Breeding swine must be kept separate and apart from feeder pigs, and breeding pigs must be sold first.

   For swine other than swine from a noninfected herd, the swine must be moved through a fixed concentration point. The fixed concentration point must be used for the movement of swine to a slaughtering establishment. It may also be used for the movement of livestock other than swine. The swine must be moved to and from the fixed concentration point by restricted movement, unless the fixed concentration point belongs to a slaughtering establishment (i.e., a buying station). In addition, a sign must be posted on the premises notifying persons that the facility may sell swine which have been exposed to pseudorabies.

MISCELLANEOUS. The Act provides that a majority vote by the state Pseudorabies Advisory Committee cannot include the vote of a member who has a conflict of interest.

   The Act also provides that in conducting statistical samplings, the department may conduct testing according to rules consistent with the National Pseudorabies Eradication Program.

   The Act changes the requirement for testing swine that are part of a certified differentiable negative herd. Prior to the Act's enactment, 25 percent of swine in such a herd could be tested every 80 to 105 days in order to be recertified. The Act provides that 25 percent of the herd must be tested every 30 days. Senate File 2452 (see Appropriations) amends this Act to reduce the number of swine required to be tested to 10 percent each month).

PENALTIES. Code Chapter 166D provides that a person violating a provision of the chapter is subject to a civil penalty of not more than $1,000. Special penalties apply for falsifying a certificate of inspection. The Act provides that the owner of swine who does not vaccinate the swine as required is subject to a civil penalty of $2 for each swine that is not vaccinated.

IMPLEMENTATION AND EFFECTIVE DATE. The Act requires the department to adopt rules providing for the implementation of the Act by August 1, 2000. The rules are to be effective immediately upon adoption and filing in the Governor's office, after publication under notice, and after the Administrative Rules Review Committee has had an opportunity to review the noticed rules.

   The Act takes effect April 19, 2000.

SENATE FILE 2349 - Contract Care and Feeding of Swine -- Processors (full text of act)

   BY COMMITTEE ON AGRICULTURE. This Act amends Code Chapter 9H, which provides prohibitions against corporations holding agricultural land or engaging in farming activities.

   Code Section 9H.2, in part, prohibits a processor from directly or indirectly controlling the processing of pork products derived from swine if the processor executes a contract for the care and feeding of the swine in this state. The Code section includes an exception for an Iowa cooperative association that is a processor and which contracts for the care and feeding of swine with one of its members who is actively engaged in farming. The Code section also exempts another cooperative association, such as a regional cooperative association, which is a processor but not otherwise eligible to execute care and feeding contracts. In this case, the cooperative association must contract with a member which is an Iowa cooperative association, and the Iowa cooperative association must contract with one of its members who is actively engaged in farming.

   This Act amends both the prohibition and the exception. The prohibition against a processor engaging in the processing of pork products derived from swine under contract is subject to different interpretations. It may be read to prohibit a processor from processing any swine produced under contract or to only prohibit a processor from processing swine produced under contract by that processor. This Act amends the provision to prohibit a processor from contracting for the care and feeding of swine in this state. The Act amends Code Section 9H.1 to define "contract for the care and feeding of swine" to mean an oral or written agreement executed between a person and the owner of swine, under which the person agrees to care for and feed the owner's swine on the person's premises.

   The Act also amends the exception to the prohibition for cooperative associations. Code Section 9H.2 requires that the Iowa cooperative association be organized under Code Chapter 497, 498 or 499. In 1996, the General Assembly enacted S.F. 2135, codified in Code Chapter 501, which provides for the organization of a new variety of cooperative eligible to hold agricultural land. This Act provides that a cooperative organized under Code Chapter 501 may contract for the care and feeding of swine in the same manner as a cooperative association organized under Code Chapter 497, 498 or 499.

   Under the Act, a cooperative association that is a party to a contract in compliance with Code Section 9H.2, but not in compliance with the Act, has until July 1, 2004, to comply with the Act's provisions.

   The Act takes effect May 5, 2000.

HOUSE FILE 2085 - Breeding Bulls -- Health Certificates (full text of act)

   BY COMMITTEE ON AGRICULTURE. This Act amends Code Section 163.43, which provides that a breeding bull leased by a person required to be licensed by the Department of Agriculture and Land Stewardship must be accompanied by a health certificate issued by a veterinarian.

   The Act removes a requirement that the breeding bull must be tested for tuberculosis. It retains a requirement that the breeding bull must react negatively to a test for brucellosis (sometimes referred to as "Bang's disease"). The Act rewrites a provision requiring that the test be conducted within 60 days prior to the lease. It provides that the test must be administered within six months prior to the date that the certificate is issued. The Act provides that the health certificate must state that an imported breeding bull satisfies state importation requirements. A person who violates Code Chapter 163 is guilty of a simple misdemeanor.

   The Act makes a number of stylistic changes in order to enhance readability without changing current law or practice.

HOUSE FILE 2099 - Beginning Farmer Loan Program Eligibility (full text of act)

   BY COMMITTEE ON AGRICULTURE. This Act amends Code Chapter 175, which establishes the Agricultural Development Authority within the Department of Agriculture and Land Stewardship, and a number of programs administered by the authority, including the Beginning Farmer Loan Program. The purpose of the program is to assist beginning farmers in acquiring agricultural land and improvements and depreciable agricultural property. A beginning farmer must be an individual, partnership, family farm corporation, or family farm limited liability company, as defined in Code Section 9H.1, with a low or moderate net worth, engaging in farming or wishing to engage in farming.

   This Act increases the maximum amount of a farmer's net worth in order to qualify more farmers for assistance under the program. For individuals, the maximum net worth requirement is increased from $200,000 to $300,000. For nonindividuals, it is increased from $400,000 to $600,000. The Act also increases the maximum amount of net worth of each equity holder or spouse and minor children of the equity holder from $200,000 to $300,000.

   The Act takes effect March 29, 2000.

HOUSE FILE 2277 - Livestock and Hunting Preserves (full text of act)

   BY MERTZ. This Act amends Code Chapter 484B, which provides for the regulation of hunting preserves by the Department of Natural Resources, including providing for licensing requirements, fencing, departmental inspections, and the tagging of animals in the preserves. The animals regulated under the chapter are limited to "ungulates," which is defined to mean hoofed, nondomesticated mammals. The Act excludes livestock from the definition of ungulates regulated under the chapter. For purposes of the exclusion, "livestock" means an animal belonging to the bovine, caprine, equine, ovine, or porcine species; ostriches, rheas and emus; or farm deer such as elk.

   The Act generally authorizes the Department of Agriculture and Land Stewardship to establish and administer programs for the inspection and control of disease among livestock.

HOUSE FILE 2328 - Dairy Trade Practices Regulation (full text of act)

   BY COMMITTEE ON AGRICULTURE. This Act repeals Code Chapter 192A, which regulates trade practices in the dairy industry, as administered by the Department of Agriculture and Land Stewardship. The repealed Code chapter regulated the pricing of dairy products for purposes of ensuring free competition in the marketplace and preventing restraint of trade, including by regulating agreements with retailers, discounts or rebates, advertising, the rental of storage space from retailers, loans or gifts to retailers, and equipment provided to retailers. The repealed Code chapter provided licensure and permit requirements, imposed fees, required that pricing information be filed with the department, provided authority to the department to enforce the provisions of the Code chapter, permitted the department to issue cease and desist orders, and provided procedures for administrative hearings and judicial review. The repealed Code chapter also provided for the imposition of civil penalties of up to $25,000 for violations of the Code chapter.

HOUSE FILE 2329 - Linked Investment Programs — Qualification Period (full text of act)

   BY COMMITTEE ON AGRICULTURE. This Act amends several provisions providing for linked investment programs administered by the Treasurer of State.

   During the 1999 Legislative Session, the General Assembly enacted H.F. 779 (1999 Iowa Acts, Chapter 177), which amended a number of provisions in a division of Code Chapter 12 referred to as the "Linked Investments for Tomorrow Act." Under programs administered under this division, the Treasurer of State may invest a portion of the State Pooled Money Fund in certificates of deposit in eligible lending institutions. The state receives a lower interest rate as part of an agreement in which the lending institution loans moneys to eligible persons under specified programs at a reduced rate of interest. The Treasurer of State is authorized to renew the certificate of deposit annually.

   Prior to 1999, the Treasurer of State could annually renew a certificate of deposit for a total term not to exceed nine years. House File 779 decreased the total term to five years. House File 779 also placed additional eligibility requirements upon borrowers involved in a program to assist businesses producing, processing or marketing horticultural or nontraditional crops (see Code Section 12.41). House File 779 provided that in order to be eligible, the gross income earned by the borrower's business could not be more than $300,000 for the last tax year. Finally, H.F. 779 provided that its provisions did not affect the terms or conditions of an investment agreement executed by the Treasurer of State with an eligible lending institution in effect on its effective date (the Governor approved the Act on May 24, 1999).

   This Act provides that the Treasurer of State may renew a certificate of deposit in an eligible lending institution in accordance with the investment agreement which was executed by the Treasurer of State prior to May 24, 1999, if the eligible borrower listed in the linked investment loan package continues to meet the conditions for an eligible borrower as specified in Code Chapter 12 prior to May 24, 1999. Therefore, the $300,000 requirement would not apply. This Act also provides that the Treasurer of State may renew the certificate of deposit until the termination of the loan or the nine-year period, whichever occurs earlier.

   The Act takes effect March 30, 2000.

HOUSE FILE 2393 - Confinement Site Manure Applicator Certification (full text of act)

   BY COMMITTEE ON AGRICULTURE. This Act amends Code Section 455B.203A, which provides for the certification of persons who apply manure stored at the site of a confinement feeding operation, and who are not in the application business, typically agricultural producers. The educational program for confinement site manure applicators is administered by the Department of Natural Resources. Persons must be certified after completing an educational program and paying a fee.

   Under the Act, if a person is certified as a confinement site manure applicator upon completing an educational program, the required amount paid for the person's certification also satisfies the amount of the certification fee otherwise required to be paid for each of the person's family members who are certified within the year that the person is certified. If a person is exempt from paying the certification fee because a family member has paid a certification fee, the person's certification expires on the same date that the paid family member's certification expires. The Act defines a "family member" as a person related to another person as a spouse, parent, grandparent, child, grandchild, or sibling.

HOUSE FILE 2394 - Frozen Food Locker Plant Regulation (full text of act)

   BY COMMITTEE ON AGRICULTURE. This Act repeals Code Chapter 172, which provides for the regulation of frozen food locker plants by the Department of Agriculture and Land Stewardship. The repealed Code chapter provides for licensing operators and collecting a license fee, examining plants, prohibiting the storage of impure food or goods not intended for human consumption, and requiring that the temperature of lockers remain at or below 10° F. The Act amends Code Section 172A.6, which refers to the repealed Code chapter, by striking the reference and making stylistic changes to enhance the Code section's readability.

HOUSE FILE 2491 - Production of Life Science Products (full text of act)

   BY COMMITTEE ON AGRICULTURE. This Act creates new Code Chapter 10C. According to the Act, the purpose of the new Code chapter is to promote economic growth in this state by providing for the development of industries unrelated to traditional farming, but devoted to the production of life science products derived from animals.

   The Act provides that a life science product is a product derived from an animal which includes only embryos or oocytes for use in implantation; blood, milk or urine for use in the manufacture of pharmaceuticals or nutriceuticals; or cells, tissue or organs for use in transplantation. A corporate entity that manufactures such a product is referred to as a life science enterprise.

   Code Chapter 9H generally prohibits corporate entities from holding an interest in agricultural land used in farming. Code Chapter 567 also prohibits nonalien residents and foreign governments from holding such an interest. The Act provides that, notwithstanding any other provision of law, a life science enterprise may hold an interest in agricultural land for purposes of farming under certain conditions. First, the enterprise must be organized as a corporation or limited liability company. Second, the Economic Development Board must approve a plan for the acquisition of the land. The plan must be filed with the board by June 30, 2004. An enterprise is not eligible to file a plan unless the enterprise files a notice with the board by June 30, 2001. Third, the enterprise cannot hold a total of more than 320 acres of agricultural land. Fourth, the enterprise must only hold the land for purposes of producing life science products according to the plan. Fifth, the enterprise cannot receive any form of financing from an Iowa Agricultural Industry Finance Corporation as provided in Code Chapter 15E. And sixth, the commercial sales of products produced from the agricultural land must be limited to the sale of life science products, cull livestock, surplus commodities produced as feed for the livestock, and life science by-products.

   The Act provides that the Attorney General or a county attorney is responsible for enforcing the provisions of the new Code chapter. The Act provides that an enterprise violating provisions of the Code chapter is subject to a civil penalty of not more than $25,000 and must divest itself of any land held in violation of the chapter. Each day that a violation exists constitutes a separate violation. The Act provides that a court may grant an injunction in order to restrain violations of the chapter's provisions.

   The Act also amends Code Chapter 10B, which provides for reporting of agricultural land holdings. The Act provides that along with other information required to be reported, an enterprise must report the total amount of commercial sales of life science products and incidental sales associated with raising animals. A person failing to report as required under that chapter is subject to a civil penalty of $1,000.

   The Act repeals provisions authorizing a life science enterprise to acquire and hold agricultural land, effective July 1, 2004. An existing enterprise or a successor in interest of an enterprise may hold and acquire agricultural land as otherwise provided in the chapter, notwithstanding the repeal of the provisions.

   The Act takes effect May 18, 2000.

HOUSE FILE 2494 - Compost Material and Organic Agricultural Products (full text of act)

   BY COMMITTEE ON AGRICULTURE. This Act amends Code Chapter 200, which authorizes the Department of Agriculture and Land Stewardship to regulate fertilizers and soil conditioners, including by providing standards for their effective use. Code Section 200.20 provides that phosphatic fertilizer, nitrogen fertilizer, potash fertilizer, or a mixed fertilizer cannot be sold in the state unless it meets standards for chemical content. The Code section provides that this prohibition does not apply to specialty fertilizers or fertilizers applied directly to growing plants. This Act provides that the prohibition also does not apply to compost materials to be applied on land if the land is being used to produce an agricultural commodity that is an organic agricultural product under Code Chapter 190C or is in the transition of being used to produce an organic agricultural commodity.

HOUSE FILE 2561 - Interest on Delinquent Iowa Egg Council Assessments (full text of act)

   BY COMMITTEE ON WAYS AND MEANS. This Act amends Code Section 184.3, which provides for the establishment and collection of an assessment (i.e., "checkoff") by the Iowa Egg Council on eggs produced in this state. The assessment is used for purposes of market development. The assessment is due quarterly and is usually remitted by the first purchaser of the eggs.

   This Act provides that the council may charge interest on any amount of the assessment that is delinquent. The Act provides that the rate of interest must not be more than the current rate published in the Iowa Administrative Bulletin by the Department of Revenue and Finance pursuant to Code Section 421.7. The interest amount must be computed from the date the assessment is delinquent, unless the council designates a later date. The interest amount accrues for each month, counting each fraction of a month as an entire month.

   Code Section 421.7 generally establishes the rate of interest for obligations administered by the Department of Revenue and Finance. The calendar year rate of interest is 2 percentage points greater than the numerical average, rounded to the nearest 1 percent, of the respective prime rates for each of the months in the twelvemonth period that ends September 30 of the previous calendar year.

   The Act uses the same calculations in determining how to compute the interest due on assessments.

RELATED LEGISLATION

SENATE FILE 419 -- Veterinary Practice Requirements (Complete summary under STATE GOVERNMENT.)

   This Act establishes certification requirements for veterinary clinics, and provides for the imposition of certification fees and the preparation of a veterinary clinic certification report.

SENATE FILE 2092 -- 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. Provisions pertaining to the Sheep and Wool Promotion Board are clarified to provide that the board has the authority to set an assessment if approved by a majority of voters at a referendum. A clerical error that occurred during the drafting process of 1999 Iowa Acts, Chapter 158, is corrected in language which relates to the imposition of excise taxes on turkeys. The words "maximum pressure" are substituted for the word "rate" in provisions relating to the dispersing of manure through spray irrigation equipment orifices.

SENATE FILE 2213 -- Farmland Improvements Near Pipelines (Complete summary under ENVIRONMENTAL PROTECTION.)

   This Act provides that, unless otherwise agreed to in writing by the landowner and the pipeline company, a landowner or contractor may require a pipeline company representative to be present on-site, at no charge to the landowner, at all times during each phase and separate activity related to a farmland improvement within 50 feet of either side of a pipeline.

SENATE FILE 2249 -- State Agency Purchasing Preference -- Bio-Based Fluids, Greases, and Lubricants (Complete summary under STATE GOVERNMENT.)

   This Act relates to the procurement by state agencies of hydraulic fluids, greases, and other industrial lubricants manufactured from soybeans.

SENATE FILE 2300 -- Interference With Lawful Hunting, Fishing, or Fur Harvesting (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

   This Act prohibits a person from interfering with the lawful hunting, fishing, or fur-harvesting activities of another person. However, the interference prohibition does not apply to the normal agricultural operations or activities of landowners, tenants, or employees of landowners or tenants or to the activities of law enforcement officers.

SENATE FILE 2371 -- Water Quality Initiatives (Complete summary under ENVIRONMENTAL PROTECTION.)

   This Act provides for the establishment of water quality initiative programs by the Department of Agriculture and Land Stewardship and the Department of Natural Resources, including a conservation buffer strip program, a Conservation Reserve Enhancement Program, a water quality monitoring program, and a water quality protection program.

SENATE FILE 2388 -- Corporate Reporting to Secretary of State (Complete summary under STATE GOVERNMENT.)

   This Act amends a number of provisions which provide for filing reports with the Secretary of State, including reports required to be filed by persons engaged in agriculture, including meat processors, corporate entities who hold agricultural land, and cooperatives.

SENATE FILE 2430 -- Appropriations -- Agriculture and Natural Resources (Complete summary under APPROPRIATIONS.)

   This Act relates to agriculture and natural resources by making appropriations to support related entities. The Act also makes a number of statutory changes. It requires the Department of Agriculture and Land Stewardship to publicize the availability of farm programs to women and minority persons. It establishes an International Relations Fund in order to support costs incurred by the Department of Agriculture and Land Stewardship in promoting the sale of Iowa agricultural products. Finally, the Act prohibits a person from selling or storing methyl tertiary butyl ether (MTBE), other than in "trace amounts," and provides requirements for decals identifying oxygenate enhancers, including methanol, appearing on motor vehicle fuel pumps.

SENATE FILE 2452 -- Miscellaneous Appropriations and Other Provisions (Complete summary under APPROPRIATIONS.)

   Division VI of this Act amends S.F. 2312, which amended Code Section 166D.7, subsection 4, as it relates to recertification of swine breeding herds that test negatively for pseudorabies. This provision is effective May 23, 2000.

HOUSE FILE 2368 -- Implements of Husbandry (Complete summary under TRANSPORTATION.)

   This Act amends Code Section 321.463, relating to the maximum gross weight allowed for vehicles operated on the highways of this state, by modifying the weight restrictions enacted by the 1999 Session of the General Assembly relating to fence-line feeders, grain carts, and tank wagons manufactured on or after July 1, 2001, and, after July 1, 2005, to all such vehicles. The Act also directs the Iowa Department of Transportation to continue the implements of husbandry study required by the 1999 Session of the General Assembly, as the study pertains to tracked vehicles.

HOUSE FILE 2485 -- Resource Enhancement and Protection Fund -- Soil and Water Enhancement Account (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

   This Act removes the $1 million maximum allocation of funds to the Water Quality Protection Projects Account and provides that 50 percent of the moneys allocated to the Soil and Water Enhancement Account of the Resource Enhancement and Protection Fund will be divided equally between the Water Quality Protection Projects Account and Water Protection Practices Account within the Division of Soil Conservation of the Department of Agriculture and Land Stewardship.

HOUSE FILE 2513 -- Uniform Commercial Code -- Secured Transactions (Complete summary under BUSINESS, BANKING & INSURANCE.)

   This Act adopts revisions to Article 9 of the Uniform Commercial Code (Code Chapter 554), as proposed by the American Law Institute and the National Conference of Commissioners on Uniform State Laws, and conforming amendments to a number of articles within that Code chapter as well as other chapters providing for security interests and liens, which provide for the creation, priority and enforcement of creditors' consensual liens, which are defined as security interests in personal property and fixtures.

HOUSE FILE 2521 -- Mediation of Farm Disputes (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act amends the mandatory mediation provisions of Code Sections 654A.6 and 654B.3, relating to resolution of farm disputes.

HOUSE FILE 2569 -- Taxation of Sale of Livestock Ear Tags (Complete summary under TAXATION.)

   This Act exempts from the sales and use taxes the sale of livestock ear tags by a nonprofit organization whose income is exempt from federal taxation where the proceeds are used in bovine research programs approved by that organization.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: TUE June 27 2000
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