House File 2268 - Introduced



                                       HOUSE FILE       
                                       BY  SHOULTZ


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act regulating anhydrous ammonia stored by persons licensed as
  2    fertilizer dealers by the department of agriculture and land
  3    stewardship, and making penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6064YH 81
  6 da/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  200.17B  ANHYDROUS AMMONIA TANK.
  1  2    A licensee who sells anhydrous ammonia on a retail basis
  1  3 shall store the anhydrous ammonia in a tank which is secured
  1  4 and equipped with a lock in a manner which reasonably prevents
  1  5 unauthorized access to the tank or its theft.  When the tank
  1  6 is on the premises of the licensee, the licensee shall keep
  1  7 the tank secured and locked during any period that the
  1  8 licensee is not routinely monitoring the tank.
  1  9    Sec. 2.  Section 200.18, subsection 3, Code Supplement
  1 10 2005, is amended to read as follows:
  1 11    3.  A person who is licensed pursuant to section 200.4 who
  1 12 fails to comply with the requirements of section 200.17A or
  1 13 200.17B shall be subject to disciplinary action by the
  1 14 department.  For a first violation, the department may suspend
  1 15 the person's license for up to ninety days.  For a subsequent
  1 16 violation, the department may suspend the person's license for
  1 17 a longer period or revoke the person's license.
  1 18                           EXPLANATION
  1 19    This bill amends provisions in Code chapter 200, the "Iowa
  1 20 fertilizer law".  The bill regulates the storage of anhydrous
  1 21 ammonia by persons licensed as fertilizer dealers by the
  1 22 department of agriculture and land stewardship.  The bill
  1 23 requires a licensee to store anhydrous ammonia in a tank which
  1 24 is secured and equipped with a lock in a manner which
  1 25 reasonably prevents unauthorized access or theft.  When the
  1 26 tank is on the licensee's premises, the tank must be secured
  1 27 and locked during any period that the licensee is not
  1 28 routinely monitoring the tank.  Code section 200.18 is amended
  1 29 to provide that a licensee who violates a provision of the
  1 30 bill is subject to disciplinary action by the department.  The
  1 31 disciplinary action is a suspension or revocation of the
  1 32 license.  Generally, a person who violates a provision of Code
  1 33 chapter 200 is guilty of a simple misdemeanor.  A simple
  1 34 misdemeanor is punishable by confinement for no more than 30
  1 35 days or a fine of at least $50 but not more than $500, or by
  2  1 both.
  2  2 LSB 6064YH 81
  2  3 da/sh/8