House File 54
HOUSE FILE
BY ALONS, KLEMME, MANTERNACH,
LALK, HUSEMAN, BOGGESS,
MERTZ, DE BOEF, EICHHORN,
and CHAMBERS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to certification fees charged to commercial
2 manure applicators, and providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1305YH 80
5 da/sh/8
PAG LIN
1 1 Section 1. Section 459.102, subsection 11, Code 2003, is
1 2 amended by striking the subsection.
1 3 Sec. 2. Section 459.315, subsection 1, paragraph a, Code
1 4 2003, is amended to read as follows:
1 5 a. "Commercial manure applicator" means the same as
1 6 defined in section 459.102 a person who engages in the
1 7 business of and charges a fee for applying manure on the land
1 8 of another person.
1 9 Sec. 3. Section 459.315, subsection 6, unnumbered
1 10 paragraph 1, Code 2003, is amended to read as follows:
1 11 The department may charge a fee for certifying a person
1 12 under this section. The fee for certification shall be based
1 13 on the costs of administering and enforcing this section and
1 14 paying the expenses of the department relating to
1 15 certification. However, a commercial manure applicator shall
1 16 not be charged a certification fee of more than one hundred
1 17 dollars. A person who is certified as a confinement site
1 18 manure applicator as provided in this section is exempt from
1 19 paying the certification fee, if all of the following apply:
1 20 Sec. 4. EFFECTIVE DATE. This Act, being deemed of
1 21 immediate importance, takes effect upon enactment.
1 22 EXPLANATION
1 23 BACKGROUND. In 1998, the general assembly enacted House
1 24 File 2494 (1998 Iowa Acts, chapter 1209) regulating animal
1 25 feeding operations by the department of natural resources.
1 26 Part of the legislation required certification for commercial
1 27 manure applicators (persons engaged in the business of
1 28 applying manure on the land of other persons). The provisions
1 29 were codified as Code section 455B.203A, which was recently
1 30 transferred to new Code section 459.315 as part of Senate File
1 31 2293, enacted in the 2002 session (2002 Iowa Acts, chapter
1 32 1137; see also 2002 Iowa Acts, Second Extraordinary Session,
1 33 chapter 1003).
1 34 PROVISIONS OF THE BILL. Currently, Code section 459.315
1 35 provides that a person is certified as a commercial manure
2 1 applicator after completing an educational program that
2 2 consists of an examination or continuing instructional
2 3 courses. The Code section authorizes the department to charge
2 4 a certification fee based on the costs of administering and
2 5 enforcing the program. This bill provides that a commercial
2 6 manure applicator shall not be charged a certification fee of
2 7 more than $100. The bill also moves the definition of
2 8 "commercial manure applicator" from the beginning of Code
2 9 chapter 459 to Code section 459.315, the only Code section in
2 10 which the term is used.
2 11 The bill takes effect upon enactment.
2 12 LSB 1305YH 80
2 13 da/sh/8