Senate Study Bill 3041 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            AGRICULTURE BILL BY
                                            CHAIRPERSON FRAISE)


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

                                      A BILL FOR

  1 An Act relating to the Iowa crop improvement association.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 5617SC 82
  4 da/nh/5

PAG LIN



  1  1    Section 1.  Section 177.1, Code 2007, is amended to read as
  1  2 follows:
  1  3    177.1  RECOGNITION OF ORGANIZATION.
  1  4    The organization now existing in and incorporated under the
  1  5 laws of this state and known as the Iowa crop improvement
  1  6 association, shall be entitled to the benefits of this chapter
  1  7 by filing each year with the department of agriculture and
  1  8 land stewardship verified proofs of its organization and of
  1  9 the names of its president, vice president, secretary, and
  1 10 treasurer, and that five hundred persons are bona fide members
  1 11 of the association, together with such other information as
  1 12 the department of agriculture and land stewardship may
  1 13 require.
  1 14    Sec. 2.  NEW SECTION.  177.1A  DEFINITIONS.
  1 15    As used in this chapter, unless the context otherwise
  1 16 requires, "association" means the Iowa crop improvement
  1 17 association recognized in section 177.1.
  1 18    Sec. 3.  Section 177.2, Code 2007, is amended by striking
  1 19 the section and inserting in lieu thereof the following:
  1 20    177.2  POWERS AND PURPOSES == RULEMAKING.
  1 21    1.  The Iowa crop improvement association shall have all
  1 22 powers necessary to carry out the following purposes:
  1 23    a.  Provide mechanisms for conducting domestic and
  1 24 international seed and planting stock certification and seed
  1 25 and planting stock quality assurance.
  1 26    b.  Provide educational and leadership opportunities to
  1 27 influence public policy regarding crop improvement.
  1 28    c.  Conduct, in cooperation with Iowa state university
  1 29 college of agriculture, testing and disseminating information
  1 30 regarding the adaptation and performance of crop cultivars.
  1 31    d.  Coordinate all Iowa crop improvement association
  1 32 activities in a manner that is consistent with environmentally
  1 33 sound agricultural practices.
  1 34    e.  Provide a mechanism for commodity identity
  1 35 preservation.
  2  1    f.  Be the official seed certifying agent for the state.
  2  2    g.  Engage in such other activities that are reasonably
  2  3 connected to the purposes of this section.
  2  4    2.  The Iowa crop improvement association shall adopt rules
  2  5 necessary to carry out this chapter as provided in chapter
  2  6 17A.
  2  7    Sec. 4.  Section 177.3, Code 2007, is amended to read as
  2  8 follows:
  2  9    177.3  BOARD OF DIRECTORS.
  2 10    The Iowa crop improvement association shall be governed by
  2 11 a board of directors.
  2 12    1.  The association's articles of incorporation or bylaws
  2 13 shall provide for all of the following:
  2 14    a.  The organization of the board, its procedures for
  2 15 meeting and voting, and the election of its board members and
  2 16 officers.
  2 17    b.  The business of the association, which shall be
  2 18 transacted by a as provided in this chapter.
  2 19    2.  The board of directors which shall consist shall
  2 20 include all of the following members:
  2 21    1.  a.  The secretary of agriculture or the secretary's
  2 22 designee.
  2 23    b.  The following persons representing the college of
  2 24 agriculture at Iowa state university:
  2 25    (1)  The director of the agricultural experiment station of
  2 26 the Iowa state university of science and technology.
  2 27    2.  (2)  The head of farm crops in the Iowa agricultural
  2 28 experiment station chair of the agronomy department.
  2 29    3.  (3)  The secretary of agriculture or the secretary's
  2 30 designee director of the seed science center.
  2 31    4.  c.  Six Seven persons who shall be elected from its
  2 32 membership by the association's voting shareholders from among
  2 33 its voting shareholders.
  2 34    Sec. 5.  Section 177.4, Code 2007, is amended to read as
  2 35 follows:
  3  1    177.4  EMPLOYEES.
  3  2    The directors Iowa crop improvement association may employ
  3  3 one or more competent persons who shall devote their entire
  3  4 time, while employed by the association, to carrying carry out
  3  5 the provisions of this chapter as directed by the
  3  6 association's board of directors.  Such persons The board may
  3  7 employ an executive director.  A person employed by the board
  3  8 shall receive such compensation as the directors may fix and
  3  9 their and necessary expenses incurred while engaged in such
  3 10 work the business of the association as provided by its board
  3 11 of directors.
  3 12    Sec. 6.  Section 177.5, Code 2007, is amended to read as
  3 13 follows:
  3 14    177.5  EXPENSES OF OFFICERS.
  3 15    The officers A member of the board of directors or officer
  3 16 of the Iowa crop improvement association other than the
  3 17 executive director appointed pursuant to section 177.4 shall
  3 18 serve without compensation, but shall.  However, a member of
  3 19 the board of directors or officer may receive their necessary
  3 20 expenses while engaged in the business of the association
  3 21 pursuant to section 7E.6, as determined by the board.
  3 22                           EXPLANATION
  3 23    This bill amends Code chapter 177, which provides for the
  3 24 Iowa crop improvement association, by amending each Code
  3 25 section relating to the association's recognition, its duties
  3 26 and objectives, and its management by a board of directors and
  3 27 employees.  The bill does all of the following:
  3 28    Provides that the association, which is required to be
  3 29 incorporated by the secretary of state, is no longer required
  3 30 to file proof of the organization's existence with the
  3 31 department of agriculture and land stewardship.
  3 32    Defines "association" to mean the Iowa crop improvement
  3 33 association for purposes of the Code chapter.
  3 34    Rewrites the powers and purposes of the association, which
  3 35 include:  (1) providing quality assurance for seed and
  4  1 planting stock including by certification, (2) influencing
  4  2 public policy regarding issues affecting crop improvement, (3)
  4  3 promoting the adaptation and performance of crop cultivars,
  4  4 (4) practicing environmentally sound agricultural practices,
  4  5 (5) providing for commodity identity preservation, and (6)
  4  6 acting as the state's agency responsible for seed
  4  7 certification.  The bill provides the association with
  4  8 rulemaking authority.
  4  9    Amends provisions providing for the members of the
  4 10 association's board of directors by increasing the membership
  4 11 from nine to 11 members, eliminating the head of farm crops at
  4 12 the Iowa agricultural experiment station at Iowa state
  4 13 university, and adding two persons from Iowa state
  4 14 university's college of agriculture (the chair of the agronomy
  4 15 department of the college of agriculture and the director of
  4 16 the seed science center), and increasing by one the number of
  4 17 persons representing the association's shareholders.  Persons
  4 18 remaining on the board include the secretary of agriculture,
  4 19 the director of Iowa state university's agricultural
  4 20 experiment station, and six persons representing the
  4 21 association's shareholders.
  4 22    Amends provisions which provide for the employment of staff
  4 23 by providing for the employment of part=time personnel, and
  4 24 expressly allows the board to employ an executive director.
  4 25 The bill also eliminates a provision which requires that board
  4 26 members must be reimbursed for expenses.  Under the bill, such
  4 27 payments are made according to Code section 7E.6 as determined
  4 28 by the board.
  4 29 LSB 5617SC 82
  4 30 da/nh/5