AGRICULTURE

SENATE FILE 2208-Department of Agriculture and Land Stewardship and Agricultural Regulation — Miscellaneous Changes
SENATE FILE 2210-Iowa Corn Promotion Board — Miscellaneous Provisions
SENATE FILE 2217-Cattle Industry Promotion, Education and Research — Assessments on Cattle Sales
SENATE FILE 2224-Grain Regulation
SENATE FILE 2249-Contests or Exhibitions Involving Animals
HOUSE FILE 2225-Drainage and Levee Districts — County Authority
HOUSE FILE 2315-Soil and Water Conservation Practices — Repairs and Improvements
HOUSE FILE 2403-Administration of Fairs — Allocation of Funds
HOUSE FILE 2475-Regulation of Swine and Feeder Pig Dealers
HOUSE FILE 2476-Communicable Diseases Affecting Poultry — Pathogenic Viruses
HOUSE FILE 2479-County Zoning of Commercial Canine Operations — VETOED BY THE GOVERNOR
HOUSE FILE 2480-Use of Pets As Prizes
HOUSE FILE 2486-Crimes Against Agricultural Production
HOUSE FILE 2515-Regulation of Farm Deer — VETOED BY THE GOVERNOR
HOUSE FILE 2518-Soil and Water Conservation Districts — Survey of Private Contractors
HOUSE FILE 2567-Transportation and Disposal of Dead Animals
HOUSE FILE 2571-Agricultural Landholding Reporting
HOUSE FILE 2573-Inspection and Control of Animal Health

RELATED LEGISLATION

SENATE FILE 2298 - Government Funding, Administration, and Regulation - Appropriations and Miscellaneous Changes

SEE APPROPRIATIONS. Division II of this Act appropriates moneys to support the Department of Agriculture and Land Stewardship and programs relating to agriculture.

Division X allows a life science enterprise to acquire or hold agricultural land if the land is acquired prior to July 1, 2008, instead of the previous July 1, 2004, date, and allows the Division of Soil Conservation to transfer responsibility for reclamation of a mine site to a private entity which intends to use it for the other purposes.

Division XVI defers the payment of principal and interest on a loan granted to an Iowa agricultural industry finance corporation.

HOUSE FILE 2207 - Substantive Code Corrections

SEE 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. Changes made include changes to provisions regarding the recording of the name of a farm and changes relating to the definition and use of the term "agricultural products" in the Life Science Products Code chapter.

HOUSE FILE 2270 - Cooperative Associations and Retention of Abandoned Property - Notice Requirements

SEE BUSINESS, BANKING & INSURANCE. This Act requires a cooperative association to publish a notice regarding the retention of a person's abandoned disbursement property, such as stock or other equity, by the cooperative association where the amount of abandoned property is equal to or greater than $50. Current law requires a notice to be published regardless of the value of the abandoned property.

HOUSE FILE 2523 - Regulation of Air Quality - VETOED BY THE GOVERNOR

SEE ENVIRONMENTAL PROTECTION. This bill would have amended provisions in Code Chapters 455B and 459, regulating air quality administered by the Department of Natural Resources. Code Chapter 455B, Division II, provides general air quality regulatory authority to the department, and Code Chapter 459 specifically regulates animal feeding operations and especially confinement feeding operations.

AGRICULTURE

SENATE FILE 2208 - Department of Agriculture and Land Stewardship and Agricultural Regulation - Miscellaneous Changes (full text of bill)

BY COMMITTEE ON AGRICULTURE. This Act makes a number of changes relating to the powers and duties of the Department of Agriculture and Land Stewardship (IDALS).

Division I - General Powers and Duties

The division eliminates Code provisions relating to an annual report that must be submitted by the State Apiarist to the Governor, a requirement that the department collect agricultural statistics, and a requirement that the department keep an official seal.

Division II - Agricultural Energy Management Fund

The division abolishes the Agricultural Energy Management Fund, which was created to finance education and demonstration projects regarding tillage practices and the management of fertilizer and pesticide use.

Division III - Secretary's Designee As a Member of the Economic Development Board

The division amends Code Section 15.103, which establishes the Economic Development Board, which includes 11 voting members, including the Secretary of Agriculture. The division provides that the secretary may appoint a designee to serve on the board.

Division IV - Commercial Feed

The division amends Code Chapter 198, Commercial Feed, to allow the department to adopt rules regulating the movement of cottonseed into this state or within this state, adopt standards for cottonseed consistent with regulations promulgated by the U. S. Food and Drug Administration, and regulate the advertisement of commercial feed as it is presented in any medium. A person violating the provisions of this portion of the Act commits a simple misdemeanor, punishable by confinement for no more than 30 days or a fine of at least $50 but not more than $500, or by both.

Division V - Accountable Government Act

This division amends Code Chapter 8E, the Accountable Government Act, which requires state agencies to provide for strategic planning, performance measurement, and investment decision making under the supervision of the Department of Management, to remove IDALS from these requirements.

Division VI - Milk Regulation

This division amends provisions in Code Chapter 192 regulating milk and milk products used for human consumption. It updates references to publications incorporated in the chapter, including the Pasteurized Milk Ordinance.

SENATE FILE 2210 - Iowa Corn Promotion Board - Miscellaneous Provisions (full text of bill)

BY COMMITTEE ON AGRICULTURE. This Act relates to the Iowa Corn Promotion Board codified in Code Chapter 185C. The board is supported by an excise tax or state assessment (commonly referred to as a checkoff) imposed upon the first purchasers of corn. Moneys derived from the checkoff are deposited into a Corn Promotion Fund and are generally used by the board for purposes of promotion and market development.

Code Section 185C.10 provides that a number of persons shall serve as ex officio, nonvoting members of the board, including the Secretary of Agriculture, the Dean of the College of Agriculture at Iowa State University, the Director of the Department of Economic Development, and two representatives of first purchaser organizations.

The Act expands the scope of the board's authority to expend checkoff moneys, permits the board to support education and training programs or demonstration projects, and authorizes the board to grant academic scholarships to full time graduate or postgraduate students.

The Act establishes a financial assistance program. The purpose of the program is to improve the economic conditions of corn producers by providing financing to eligible persons for projects which expand corn markets. A project must relate to a new or existing value added facility that utilizes corn or corn products; the development, production or utilization of a variety of corn that expresses new or specialized traits; or the development of products or the delivery of services likely to increase the business of corn producers.

Finally, the Act provides that moneys deposited into the Corn Promotion Fund include interest earned on moneys in the fund.

SENATE FILE 2217 - Cattle Industry Promotion, Education, and Research - Assessments on Cattle Sales (full text of bill)

BY COMMITTEE ON WAYS AND MEANS. This Act amends Code Chapter 181, which provides for an excise tax ("checkoff") on the sale of cattle to support cattle production and the marketing, education and research of beef products as administered by the executive committee of the Iowa Beef Cattle Producers Association. The state checkoff is in effect for four years before producers may file a petition for a reverse referendum to determine whether the state checkoff should be continued for another four year period. The amount of the state checkoff is up to 50 cents per head for cattle other than veal calves, which are assessed up to 35 cents per head.

The Iowa checkoff, which allows for refunds, was suspended October 1, 1986, the same day that the federal checkoff commenced under the federal Beef Promotion and Research Act (see 7 U.S.C. § 2901 et seq.), authorizing the U.S. Secretary of Agriculture to promulgate a beef promotion and research order requiring beef producers and beef importers to pay the national checkoff. The federal beef promotion and research order does not provide for refunds and its constitutionality has been challenged in federal court based on those grounds.

Substantively, the Act amends Code Section 181.1, which provides for definitions, including a definition for "producer," which is based on the federal act.

The Act amends Code Section 181.7A, which provides for the suspension of the state checkoff once its federal counterpart has been imposed and provides for the recommencement of the state checkoff once the federal assessment is no longer viable. The recommencement is triggered when the federal checkoff is no longer being collected or producers pass a special referendum to collect the state checkoff in addition to the federal one. If the state checkoff is recommenced because the national checkoff is no longer being collected, the state checkoff is to be imposed for a new four year period, its effective date being the first date that the federal assessment is not collected. If a special referendum passes, its effective date is a date established by the Secretary of Agriculture, but within 90 days from the date that the secretary has determined the referendum has passed. The Act eliminates the lower assessment rate imposed on veal cattle. All cattle are subject to the same 50 cent rate. The Act amends procedures for petitioning for a second referendum if a continuance referendum fails.

The Act also makes a number of changes in order to enhance the Code chapter's readability. The Act changes the name of the executive committee to the "Iowa Beef Industry Council," and changes the name of the checkoff from "excise tax" to "state assessment." The Act eliminates sections that refer to referendums which are no longer applicable and rearranges provisions in order to enhance their readability.

The Act takes effect April 7, 2004.

SENATE FILE 2224 - Grain Regulation (full text of bill)

BY COMMITTEE ON AGRICULTURE. This Act amends provisions in Code Chapter 203 regulating grain dealers by the Department of Agriculture and Land Stewardship. Grain dealers must be licensed by the department and adhere to a number of financial requirements. Grain dealers are also required to participate in the Grain Depositors and Sellers Indemnity Fund. The Act amends the definition of "grain dealer" to make it more restrictive. Currently a grain dealer is a person who purchases at least 1,000 bushels of grain from Iowa farmers (producers) during any calendar month for purposes of resale, milling or processing. The Act qualifies the purchases of grain. Before a person purchasing the 1,000 bushels of grain from producers is considered a grain dealer, the grain must be delivered within or into the state.

SENATE FILE 2249 - Contests or Exhibitions Involving Animals (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act amends Code Chapter 717D, which prohibits activities associated with an animal contest. A contest event is a function organized for the entertainment or profit of spectators where an animal is injured, tormented or killed. The event must involve a "contest animal," which the Code chapter defines to mean a bull involved in bullfighting or bull baiting, a bear involved in bear baiting, a chicken involved in cock fighting, or a dog involved in dog fighting.

The Act eliminates the term "contest animal" and protects all animals engaged in contest events, but retains a laundry list of exceptions provided in Code Section 717D.3. Thus a contest event does not include races, fairs, rodeos, 4 H functions, hunting or fishing parties, field meets or trials, or the raising or selling of game. It also does not apply to actions by courts, local authorities, research facilities, licensed veterinarians, persons using animal husbandry practices, or persons protecting their life or property.

In addition to offenses provided in Code Section 717D.2 (prohibiting persons from owning or operating establishments where a contest event occurs, promoting or being a spectator at a contest event, training a contest animal, or transporting a contest animal), the Act prohibits a number of other activities. It prohibits a person from possessing or owning an animal engaged or to be engaged in a contest event; buying or selling an animal used for that purpose; or possessing, owning, manufacturing, or transferring a contest device used to enhance fighting, and specifically devices used in cock fighting.

Generally, the Act increases the penalty for a violation of the Code chapter from a serious misdemeanor to a class "D" felony. A person who acts as a spectator of a contest event is guilty of an aggravated misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $250 but not more than $1,500. A class "D" felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $500 but not more than $5,000.

The Act repeals Code Section 725.11, a provision which also prohibits animal fighting and other contests in which animals may be injured or killed.

The Act takes effect April 9, 2004.

HOUSE FILE 2225 - Drainage and Levee Districts - County Authority (full text of bill)

BY MERTZ. This Act amends Code Section 468.315, which allows a county board of supervisors to establish a drainage district that includes all or part of a city together with land located outside the city. The Code section prohibits a board from establishing a district which contains only a city. The Code section does not specifically refer to the authority of the board to establish a levee district which includes part of a city, although other provisions in Code Chapter 468 do (see Code Section 468.317). Finally, the Code section prohibits a board from establishing a sewer district.

The Act provides that the county board of supervisors may establish a drainage or levee district that includes any part of a city or includes only a city if the city council consents by resolution. The Act also limits the restriction on a board seeking to establish a district for sewer purposes. The Act provides that this restriction only applies to prohibit a board from establishing a sanitary sewer district.

The Act takes effect April 14, 2004.

HOUSE FILE 2315 - Soil and Water Conservation Practices - Repairs and Improvements (full text of bill)

BY MERTZ. This Act relates to agricultural conservation practices. It amends provisions in Code Chapter 468, which authorizes a governing board, usually a county board of supervisors and sometimes a joint board of supervisors or a board of trustees, to establish and administer a drainage district or districts, and to locate and establish levees. This includes the authority to maintain a levee, ditch, drain, watercourse, or settling basin, and to modify natural watercourses within its jurisdiction. The cost of establishing and maintaining a district is borne by the owners of land within the district who are responsible for paying an assessment.

Code Section 468.126 authorizes the governing board to make repairs necessary to maintain or restore a drainage or levee improvement. For example, it may remove silt and debris, repair damaged structures, and remove weeds. If the estimated cost of a repair exceeds $10,000, or 75 percent of the original total cost of the district and subsequent improvements, whichever is greater, the board must notify landowners and set a date for a hearing. If the cost is less than that, a notice and hearing is not required and the cost is paid from the drainage district's moneys, specifically the county draining or levee fund. The Act increases the amount required in order to avoid the notice and hearing requirement to $15,000. The Act also increases by the same amount moneys that the board may borrow from county revenues in order to pay for weed control.

HOUSE FILE 2403 - Administration of Fairs - Allocation of Funds (full text of bill)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act amends provisions in Code Chapter 174 regulating county and district fairs. It revises definitions of key terms used in the Code chapter. Under the Act, the term "society" (the organization responsible for conducting the event) is changed to "fair" and the term "fair" is changed to "fair event." The Act provides that in order to qualify as a fair, and therefore be eligible for state aid, the fairgrounds, buildings and improvements must have a fair market value of at least $80,000 (increased from $8,000).

Under current law, moneys appropriated to the Treasurer of State for state aid are allocated to the Association of Iowa Fairs, which in turn distributes the moneys to eligible fairs. The Act provides that a fair must use state aid moneys for the acquisition of land and capital improvements. The Act makes a number of changes to requirements for filing for state aid and for filing a report with the Governor and General Assembly. The Act prohibits a fair from using state aid to pay for entertainment venues or for equipment, supplies, or miscellaneous expenses. The Act provides that in order to be eligible for state aid, a society must be a member in good standing with the association. The Act eliminates a provision allowing a board of supervisors, upon petition, to submit to the voters a referendum upon the question of designating an official county fair. The Act changes how state aid is distributed, so that it is no longer distributed equally among all eligible fairs, but according to a decision by the association's board of directors. The Act also allows the association to pay state aid to a fair upon condition that a fair send one delegate to the association's annual meeting.

The Act eliminates a provision that authorizes a fair to appoint special police.

HOUSE FILE 2475 - Regulation of Swine and Feeder Pig Dealers (full text of bill)

BY COMMITTEE ON AGRICULTURE. Code Chapter 202C provides that a dealer of feeder pigs must file evidence of financial security with the Department of Agriculture and Land Stewardship. The evidence of financial security may be a bond or irrevocable letter of credit. The dealer must file the evidence of financial security before being licensed by the department to conduct a feeder pig dealer business under Code Section 163.30. The amount of the evidence of financial responsibility must be established by departmental rule, which is generally based on the volume of sales reported by the dealer to the U. S. Department of Agriculture Grain Inspection, Packers and Stockyards Administration.

This Act provides that a person required to be licensed as a feeder pig dealer but who does business without being licensed is subject to a civil penalty of at least $1,000 but not more than $5,000. The Act reduces the amount of financial responsibility required to be maintained by a dealer from the current amount of between $50,000 and $300,000 to between $5,000 and $25,000.

The Act also establishes limitations on when a purchaser may bring a legal action against a surety on the bond or the issuer of the irrevocable letter of credit.

The Act takes effect April 20, 2004.

HOUSE FILE 2476 - Communicable Diseases Affecting Poultry - Pathogenic Viruses (full text of bill)

BY COMMITTEE ON AGRICULTURE. This Act regulates certain viruses affecting poultry, including avian paramyxovirus, commonly referred to as Newcastle disease, and avian influenza. The Act refers to these viruses as pathogenic viruses. The Act adds these viruses to the list of infectious and contagious diseases enumerated in Code Chapter 163, Infectious and Contagious Diseases Among Animals. That chapter provides general authority to the Department of Agriculture and Land Stewardship to protect animal populations against threats to health.

The Act creates a new Code Chapter 165B to be administered by the department. The Act authorizes the department to adopt rules under the Code chapter, which may include the approval of methods to determine infection.

The Act provides that a person who is an owner or a custodian of poultry must take measures designed to prevent the spread of a pathogenic virus as required by the department, dispose of infected or exposed poultry, and sanitize the premises where the poultry were kept. A person who violates the provisions is subject to a civil penalty of at least $100 but not more than $1,000. In the case of a continuing violation, the total amount of civil penalty cannot exceed $25,000.

The Act also prohibits certain places where poultry are assembled (referred to as restricted concentration points), which includes premises where they are sold or where they are placed together as part of a contest. It does not apply to a number of establishments, including where the poultry are raised, a slaughtering establishment, a fair, an event sponsored by the department, or an event sponsored by a commodity organization. The prohibition extends to a person who owns or operates a restricted concentration point, has a legal interest in or custody of infected poultry, transports poultry to or from a restricted concentration point, purchases poultry at a restricted concentration point, or who attends or participates in a contest event at a restricted concentration point. A range of minimum civil penalties applies to a violation of each of these offenses, beginning from $100 to $25,000. Senate File 2298 (see Appropriations) amended this Act to provide that the various amounts assessed as civil penalties are fixed rather than being minimum amounts without a maximum limit.

The Act provides that the department or a law enforcement officer may confiscate poultry as part of an investigation. If a violation has occurred, the poultry are conclusively deemed to be infected with a pathogenic virus and must be destroyed. The department is required to ensure that real or personal property that is exposed to the poultry is sanitized. The owner of the poultry or property subject to confiscation or the owner of the property required to be sanitized may be required to reimburse the department or local subdivision for related enforcement costs, which may be collected as a tax lien.

HOUSE FILE 2479 - County Zoning of Commercial Canine Operations - VETOED BY THE GOVERNOR (full text of bill)

BY COMMITTEE ON AGRICULTURE. This bill would have amended Code Chapter 335, providing for county zoning, by providing that the chapter would not have applied to land, residences, or other buildings or structures used in a commercial canine operation licensed or certified by the Department of Agriculture and Land Stewardship. The department regulates a number of such operations under Code Chapter 162, including commercial kennels and breeding establishments.

HOUSE FILE 2480 - Use of Pets As Prizes (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act creates a new Code Chapter 717E in proximity to other criminal chapters providing for animal welfare. The Act provides that a person commits a simple misdemeanor if the person awards a pet or advertises that a pet may be awarded as a prize for participating in a game or fair event, as an inducement or condition for visiting a place of business or attending a business event, or as an inducement or benefit for executing a contract. The Act does not apply to pets awarded by licensed pet shops in connection with a sale, farm organizations, or outdoor recreation organizations.

HOUSE FILE 2486 - Crimes Against Agricultural Production (full text of bill)

BY COMMITTEE ON AGRICULTURE. This Act amends Code Chapter 717A, which prohibits a person from destroying property associated with agricultural production, including property related to animal agriculture and crop production.

Code Section 717A.2 prohibits a person from transmitting a disease to an agricultural animal (an animal maintained for its parts or products having commercial value or an animal belonging to the equine species) or crop (a plant maintained for its parts or products having commercial value if produced from an agricultural or vegetable seed; or a tree, shrub, vine, berry plant, greenhouse plant, or flower). Code Section 717A.2 in part prohibits a person from acting without the consent of the owner to willfully destroy property of an animal facility, or kill or injure an animal maintained at an animal facility. The section provides a range of criminal penalties for persons who are in violation of its provisions, from a class "C" felony if the injury to or death of an animal or damage to property exceeds $50,000, to a simple misdemeanor if the injury to or death of an animal or damage to property does not exceed $50. The Act reduces the threshold for a class "C" felony from $50,000 to $10,000 and makes corresponding changes to threshold amounts for class "D" felonies and aggravated misdemeanors.

A class "C" felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000. A class "D" felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $500 but not more than $5,000.

The Act makes it a crime to possess, transport or transfer a pathogen which may threaten the health of an animal, including an agricultural animal, or a crop. A person who is found guilty of this crime is guilty of a class "B" felony, which is punishable by confinement for no more than 25 years. The pathogens are referenced according to federal law (which refers to them as biological agents or toxins). A few of the pathogens threatening animal health are African horsesickness, African swine fever, bluetongue (exotic), classical swine fever, contagious bovine pleuropneumonia, foot and mouth disease, highly pathogenic avian influenza, lumpy skin disease, Newcastle disease (exotic), peste des petits ruminants, rinderpest sheep pox and goat pox, swine vesicular disease, and vesicular stomatitis (exotic). The pathogens threatening plant health are Liberobacter africanus or Liberobacter asiaticus, peronosclerospora philippinensis, phakopsora pachyrhizi, plum pox potyvirus, ralstonia solanacearum race 3, sclerophthora rayssiae var. zeae, synchytrium endobioticum, xanthomonas oryzae pv. Oryzicola, and xylella fastidiosa (citrus variegated chlorosis strain).

The Act provides two qualifications. A person is not subject to the Act's provisions if the person is acting in compliance with federal law. Thus, a diagnostic laboratory would be exempt from state law as long as it complied with federal reporting requirements.

HOUSE FILE 2515 - Regulation of Farm Deer - VETOED BY THE GOVERNOR (full text of bill)

BY COMMITTEE ON AGRICULTURE. This bill would have prohibited the Department of Agriculture and Land Stewardship from requiring that a landowner be issued a license to keep farm deer. The bill would have expressly provided that there would be no minimum acreage requirement. It would have allowed any person to take farm deer kept within a certified fence, subject to the landowner's consent. Finally, it would have prohibited the department from regulating the taking of farm deer unless the regulation was to prevent the outbreak of a transmissible disease.

HOUSE FILE 2518 - Soil and Water Conservation Districts - Survey of Private Contractors (full text of bill)

BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This Act requires the Soil and Water Conservation Division of the Department of Agriculture and Land Stewardship, in consultation with the commissioners of the soil and water conservation districts, to conduct a biennial review of the availability of private soil and water conservation control contractors in each district and to prepare and post a report containing the results of the review on the department's Internet site.

HOUSE FILE 2567 - Transportation and Disposal of Dead Animals (full text of bill)

BY COMMITTEE ON WAYS AND MEANS. This Act amends Code Chapter 167, which provides for the transportation and rendering of animal carcasses by persons licensed by the Department of Agriculture and Land Stewardship.

Code Sections 167.4 and 167.6 require a person who is engaged in the business of disposing of animal carcasses to pay the department an application fee of $100 and a license fee of $100. The Act rewrites Code Section 167.4 by providing application procedures and fees for three classes of persons who: (1) operate a disposal plant; (2) operate a collection point where animal carcasses are accumulated; or (3) operate a delivery service which transports whole animal carcasses or their parts to a collection point or disposal plant. The fee for these classes is $100, except for delivery services that are not part of an operation associated with a disposal plant or collection point. This class is charged a $50 license fee.

The Act regulates the transportation of carcasses or their parts and specifically provides that a vehicle's container is not required to be covered unless the department orders otherwise based on actual or potential outbreaks of infectious or contagious diseases.

The Act also requires that a person transporting a deer or elk carcass from an area outside the state which has a significant prevalence of chronic wasting disease obtain prior approval from the department. This provision takes effect May 14, 2004.

Generally, a person who violates a provision of Code Chapter 167 is guilty of a simple misdemeanor. The Act provides that the person may be subject to a civil penalty of not less than $100 and not more than $1,000. However, a person cannot be subject to both a criminal and civil penalty.

The Act also repeals a number of Code provisions which are addressed in the Act's new Code Section 167.4 as rewritten.

HOUSE FILE 2571 - Agricultural Landholding Reporting (full text of bill)

BY COMMITTEE ON GOVERNMENT OVERSIGHT. Code Chapter 10B provides a number of reporting requirements for business entities holding agricultural land in this state, including entities holding land under other Code chapters such as 9H and 9I (e.g., corporations, cooperatives, limited partnerships, trusts, limited liability companies, and foreign businesses). The business entity must file an annual report with the Secretary of State on or before March 31 of each year. The report must contain information for the last year regarding the business entity, including information about the activities of the entity, the entity's landholdings, and agricultural commodities produced on the land. The chapter does not apply to family farm entities (such as family farm corporations, family farm limited partnerships, family trusts, and family farm limited liability companies). Failure to timely file a report or filing false information is punishable by a civil penalty not to exceed $1,000.

This Act changes the period required for filing these reports. Generally, under the Act, a report must be filed each odd-numbered year. There is an exception for those business entities which file general biennial reports with the Secretary of State under their respective chapters. For-profit corporations and not-for-profit corporations file reports alternatively on either even-numbered or odd-numbered years. The Act provides that those business entities required to file a report may file the report in conjunction with their general biennial report. The Act permits the Secretary of State to combine its reporting forms. The Act provides that the same filing requirements apply to lessees of agricultural land which use agricultural land for research or experimental purposes. The Act also provides that information in the reports is confidential, although it allows the information to be provided to the Attorney General and members of the General Assembly.

HOUSE FILE 2573 - Inspection and Control of Animal Health (full text of bill)

BY COMMITTEE ON APPROPRIATIONS. This Act amends a number of provisions in Title V of the Code relating to animal health, specifically infectious or contagious diseases regulated by the Department of Agriculture and Land Stewardship. The Act amends the term "infectious or contagious" throughout the title to be consistent. The Act provides a common definition of the term "certificate of veterinary inspection" (formerly "health certificate" or "certificate of health") as used throughout chapters regulating animal health. The definition is borrowed from Code Chapter 163A regulating brucellosis in swine. The Act also amends Code Chapter 163 to provide definitions of "control" and "movement."

Code Section 163.1 authorizes the department to quarantine animals that have been infected or exposed to an infectious or contagious disease and provides for the destruction of such animals as determined by the department. This presumably refers to animals that have been exposed to or afflicted with the disease and the Act specifically provides for that. The Act makes a related change to Code Section 163.10, which provides for quarantining and destroying animals infected with the disease. The Act provides that this includes animals exposed to the disease. Code Section 163.15 provides for indemnifying owners whose livestock have been destroyed by the department. One method is based on a formula adopted by the department and approved by the Executive Council. The other method is an appraisal method. The Act provides an appropriation to the department from the General Fund of the State as approved by the Executive Council to support payments under the formula method just as the Executive Council approves payments now based on the appraisal method.