Senate Study Bill 1144





                                       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 relating to the regulation of agricultural seed, by
  2    providing for preemption of local legislation.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1996SC 81
  5 da/pj/5

PAG LIN



  1  1    Section 1.  Section 199.1, Code 2005, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  11A.  a.  "Local governmental entity"
  1  4 means any political subdivision, or any state authority which
  1  5 is not any of the following:
  1  6    (1)  The general assembly.
  1  7    (2)  A principal central department as enumerated in
  1  8 section 7E.5, or a unit of a principal central department.
  1  9    b.  "Local governmental entity" includes but is not limited
  1 10 to a county, special district, township, or city as provided
  1 11 in title IX of this Code.
  1 12    NEW SUBSECTION.  11B.  "Local legislation" means any
  1 13 ordinance, motion, resolution, amendment, regulation, or rule
  1 14 adopted by a local governmental entity.
  1 15    Sec. 2.  NEW SECTION.  199.13A  LOCAL LEGISLATION ==
  1 16 PROHIBITION.
  1 17    1.  The provisions of this chapter and rules adopted by the
  1 18 department pursuant to this chapter shall preempt local
  1 19 legislation adopted by a local governmental entity relating to
  1 20 the production, use, advertising, sale, distribution, storage,
  1 21 transportation, formulation, packaging, labeling,
  1 22 certification, or registration of an agricultural seed.  A
  1 23 local governmental entity shall not adopt or continue in
  1 24 effect such local legislation regardless of whether a statute
  1 25 or a rule adopted by the department specifically preempts the
  1 26 local legislation.  Local legislation in violation of this
  1 27 section is void and unenforceable.
  1 28    2.  This section does not apply to local legislation of
  1 29 general applicability to commercial activity.
  1 30                           EXPLANATION
  1 31    This bill amends provisions in Code chapter 199 regulating
  1 32 the sale of agricultural seed.  This includes grass, forage,
  1 33 cereal, oil, fiber, and any other kind of crop seed.  It
  1 34 includes those seeds commonly recognized as crop seed, lawn
  1 35 seed, or vegetable seed.  Code chapter 199 is regulated by the
  2  1 department of agriculture and land stewardship.
  2  2    The bill preempts a local governmental entity, including a
  2  3 county, special district, township, or city, from adopting or
  2  4 enforcing legislation which relates to the production, use,
  2  5 advertising, sale, distribution, storage, transportation,
  2  6 formulation, packaging, labeling, certification, or
  2  7 registration of agricultural seed.  The local legislation is
  2  8 void and unenforceable.
  2  9    The bill includes a provision which allows a local
  2 10 governmental entity to adopt legislation which regulates
  2 11 commercial activities generally without targeting a specific
  2 12 industry.
  2 13 LSB 1996SC 81
  2 14 da:nh/pj/5.1