Senate Study Bill 1105





                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            AGRICULTURE BILL BY
                                            CO=CHAIRPERSON JOHNSON)


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

                                      A BILL FOR

  1 An Act providing for life science enterprises authorized to hold
  2    agricultural land, making penalties applicable, and providing
  3    an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1801XC 81
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PAG LIN



  1  1    Section 1.  Section 10B.4, subsection 2, paragraph g, Code
  1  2 2005, is amended to read as follows:
  1  3    g.  If the reporting entity is a life science enterprise,
  1  4 as provided in chapter 10C, as that chapter exists on or
  1  5 before June 30, 2004 2005, the total amount of commercial sale
  1  6 of life science products and products other than life science
  1  7 products which are produced from the agricultural land held by
  1  8 the life science enterprise.
  1  9    Sec. 2.  Section 10C.6, subsection 1, paragraph a, Code
  1 10 2005, is amended to read as follows:
  1 11    a.  A life science enterprise may acquire or hold
  1 12 agricultural land, notwithstanding section 10C.5 as that
  1 13 section exists in the 2005 Code, if all of the following
  1 14 apply:
  1 15    (1)  The life science enterprise acquires the agricultural
  1 16 land on or before June 30, 2008.
  1 17    (2)  The enterprise acquires or holds the agricultural land
  1 18 pursuant to chapter 10C as that chapter exists in the 2005
  1 19 Code.
  1 20    (3)  The economic development board has approved a life
  1 21 science enterprise plan filed on or before June 30, 2004 2005,
  1 22 with the board.  The enterprise must acquire or hold the
  1 23 agricultural land pursuant to the plan which may be amended at
  1 24 any time and approved by the board pursuant to section 15.104.
  1 25    Sec. 3.  Section 10C.6, subsection 2, unnumbered paragraph
  1 26 1, Code 2005, is amended to read as follows:
  1 27    A person who is a successor in interest to a life science
  1 28 enterprise may acquire or hold agricultural land,
  1 29 notwithstanding section 10C.5 as that section exists in the
  1 30 2003 Code or 2003 Code Supplement, if all of the following
  1 31 apply:
  1 32    Sec. 4.  Section 10C.6, subsection 2, paragraph a, Code
  1 33 2005, is amended to read as follows:
  1 34    a.  The person meets the qualifications of a life science
  1 35 enterprise and acquires or holds the agricultural land as
  2  1 provided in chapter 10C as that chapter exists in the 2003
  2  2 Code or 2003 Code Supplement.
  2  3    Sec. 5.  Section 15.104, subsection 4, unnumbered paragraph
  2  4 1, Code 2005, is amended to read as follows:
  2  5    Review and approve or disapprove a life science enterprise
  2  6 plan or amendments to that plan as provided in chapter 10C as
  2  7 that chapter exists on or before June 30, 2004 2005, and
  2  8 according to rules adopted by the board.  A life science plan
  2  9 shall make a reasonable effort to provide for participation by
  2 10 persons who are individuals or family farm entities actively
  2 11 engaged in farming as defined in section 10.1.  The persons
  2 12 may participate in the life science enterprise by holding an
  2 13 equity position in the life science enterprise or providing
  2 14 goods or service to the enterprise under contract.  The plan
  2 15 must be filed with the board not later than June 30, 2004
  2 16 2005.  The life science enterprise may file an amendment to a
  2 17 plan at any time.  A life science enterprise is not eligible
  2 18 to file a plan, unless the life science enterprise files a
  2 19 notice with the board.  The notice shall be a simple statement
  2 20 indicating that the life science enterprise may file a plan as
  2 21 provided in this section.  The notice must be filed with the
  2 22 board not later than June 30, 2001 1, 2005.  The notice, plan,
  2 23 or amendments shall be submitted by a life science enterprise
  2 24 as provided by the board.  The board shall consult with the
  2 25 department of agriculture and land stewardship during its
  2 26 review of a life science plan or amendments to that plan.  The
  2 27 plan shall include information regarding the life science
  2 28 enterprise as required by rules adopted by the board,
  2 29 including but not limited to all of the following:
  2 30    Sec. 6.  CODE EDITOR DIRECTIVE.  The Code editor shall,
  2 31 upon the repeal of sections 10C.1 through 10C.4, pursuant to
  2 32 section 10C.5, insert in section 10C.6 references to the Code
  2 33 or Code Supplement in which the most recent amendments to Code
  2 34 chapter 10C or portions thereof, as applicable, were
  2 35 incorporated.
  3  1    Sec. 7.  EFFECTIVE DATE.  This Act, being deemed of
  3  2 immediate importance, takes effect upon enactment.
  3  3                           EXPLANATION
  3  4    Code chapter 9H generally prohibits corporate entities from
  3  5 holding an interest in agricultural land used in farming.
  3  6 Code chapter 9I also prohibits nonalien residents and foreign
  3  7 governments from holding such an interest.  Code chapter 10B
  3  8 provides for reporting of agricultural land holdings by
  3  9 corporate entities.
  3 10    Code chapter 10C provides that notwithstanding any other
  3 11 provision of law, a life science enterprise may hold an
  3 12 interest in agricultural land for purposes of farming.
  3 13 Generally, an enterprise must provide for the development of
  3 14 industries unrelated to traditional farming, and be devoted to
  3 15 the production of items referred to as life science products
  3 16 which are derived from animals (limited to embryos or oocytes
  3 17 for use in implantation; blood, milk, or urine for use in the
  3 18 manufacture of pharmaceuticals or nutriceuticals; or cells,
  3 19 tissue, or organs for use in transplantation).
  3 20    In order to qualify as an enterprise, it must meet certain
  3 21 conditions.  First, it must be organized as a corporation or
  3 22 limited liability company.  Second, the economic development
  3 23 board must approve a plan for the acquisition of the land.  An
  3 24 enterprise is not eligible to file a plan unless the
  3 25 enterprise had filed a notice with the board by June 30, 2001.
  3 26 Third, the enterprise cannot hold a total of more than 320
  3 27 acres of agricultural land.  Fourth, the enterprise must only
  3 28 hold the land for purposes of producing life science products
  3 29 according to the plan.  Fifth, the enterprise cannot receive
  3 30 any form of financing from an Iowa agricultural industry
  3 31 finance corporation as provided in Code chapter 15E.  Sixth,
  3 32 the commercial sales of products produced from the
  3 33 agricultural land must be limited to the sale of life science
  3 34 products, cull livestock, surplus commodities produced as feed
  3 35 for the livestock, and life science by=products.  The
  4  1 provisions authorizing an enterprise to acquire agricultural
  4  2 land are repealed on July 1, 2008.
  4  3    The bill extends the period during which a corporation or
  4  4 limited liability company can qualify to hold agricultural
  4  5 land as an enterprise by providing that it has until June 1,
  4  6 2005, to file the notice with the economic development board
  4  7 and June 30, 2005, to file a plan with the board.
  4  8    Code section 9H.4 provides that an entity violating its
  4  9 provisions is subject to a civil penalty of not more than
  4 10 $25,000 and must divest itself of any land held in violation
  4 11 of the Code chapter.  The Code chapter provides that a court
  4 12 may grant an injunction in order to restrain violations of the
  4 13 chapter's provisions.  Code section 9I.11 provides that if an
  4 14 entity violates its land acquisition provisions, the land
  4 15 escheats to the state.  An entity that fails to report as
  4 16 required under Code chapter 10B is subject to a civil penalty
  4 17 of $1,000.
  4 18 LSB 1801XC 81
  4 19 da:nh/pj/5