House File 2335 - Introduced HOUSE FILE 2335 BY KEARNS , T. TAYLOR , HUNTER , HOLT , GASKILL , ANDERSON , WINCKLER , KURTH , LENSING , H. MILLER , ABDUL-SAMAD , BENNETT , MAXWELL , COHOON , HEATON , STAED , MEYER , KACENA , STECKMAN , OURTH , WATTS , PRICHARD , SALMON , BAXTER , JACOBSEN , ZUMBACH , HEARTSILL , and GAINES A BILL FOR An Act providing a preference to veterans participating in 1 a program to lease certain agricultural land from the 2 department of natural resources, and including effective 3 date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5711YH (4) 87 da/rj
H.F. 2335 Section 1. Section 16.75, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6. The authority shall certify beginning 3 farmers qualified to participate in the lease to beginning 4 farmers program as provided in section 456A.38. 5 Sec. 2. Section 456A.38, subsection 1, Code 2018, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . d. “Veteran” means the same as defined in 8 section 35.1. 9 Sec. 3. Section 456A.38, subsections 4 and 5, Code 2018, are 10 amended to read as follows: 11 4. a. The department shall execute enter into a lease with 12 a beginning farmer selected to participate in the program after 13 such person as a lessee. In order to qualify to participate in 14 the program, all of the following must apply: 15 (1) The beginning farmer has been certified by the authority 16 as a beginning farmer who meets meeting the requirements of the 17 authority, which shall be based on section 16.75, subsection 3 , 18 paragraphs “a” , “c” , “f” , and “g” . 19 (2) The beginning farmer agrees to the terms and conditions 20 of the lease as required by the department. 21 5. a. b. If two or more beginning farmers , certified by the 22 authority under subparagraph (1), seek to execute enter into 23 a lease under the program for the same agricultural land, the 24 department shall select the beginning farmer to participate in 25 the program in the following order of priority: 26 (1) If one of the beginning farmers is a veteran, the 27 department shall select that beginning farmer. However, if two 28 or more of the beginning farmers are veterans, the department 29 shall select the beginning farmer who is a veteran by drawing 30 lots. 31 (2) If none of the beginning farmers is a veteran, the 32 department shall select the beginning farmer by drawing lots. 33 b. 5. If no beginning farmer seeks to participate in 34 the program, or no beginning farmer is found qualified to 35 -1- LSB 5711YH (4) 87 da/rj 1/ 3
H.F. 2335 participate in the program, the department shall lease 1 the agricultural land under another lease program that it 2 administers under alternative lease procedures established by 3 the department pursuant to chapter 461A , including as provided 4 in 571 IAC ch. 21 . 5 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 6 importance, takes effect upon enactment. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 GENERAL. This bill amends Code section 456A.38, the lease 11 to beginning farmers program, administered by the department 12 of natural resources (DNR). The bill provides that if 13 possible DNR must select a veteran when leasing agricultural 14 land to a qualified beginning farmer seeking to participate 15 in the program. If two or more beginning farmers who are 16 veterans seek to participate in the program to lease the same 17 agricultural land, DNR must select the veteran by lot. 18 BACKGROUND —— ADMINISTRATION OF PROGRAMS. DNR currently 19 administers two related programs: (1) the lease to beginning 20 farmers program established by statute and (2) the agricultural 21 lease program established by rule. Under each program, DNR 22 leases agricultural land that it holds or manages as wildlife 23 habitat in each county. Under the lease to beginning farmers 24 program, DNR leases the land to a qualified beginning farmer 25 certified by the Iowa finance authority (IFA) for a specific 26 amount. Under the alternative agricultural lease program, a 27 participant is selected based on a bidding process. DNR first 28 seeks participation from beginning farmers under the lease to 29 beginning farmers program and then, if no beginning farmer 30 seeks to participate in that program, or no beginning farmer is 31 found qualified to participate in the program, DNR next seeks 32 participation generally from persons under the agricultural 33 lease program. 34 BACKGROUND —— QUALIFICATIONS FOR BEGINNING FARMERS AND 35 -2- LSB 5711YH (4) 87 da/rj 2/ 3
H.F. 2335 VETERANS. Generally, a beginning farmer is an individual, 1 partnership, family farm corporation, or family farm limited 2 liability company (Code section 16.58) with a low or moderate 3 net worth as established by IFA (Code sections 16.58 and 4 16.59). A veteran includes a resident of the state who 5 served in the armed forces of the United States during certain 6 periods of time encompassing various wars and conflicts, a 7 former member of the reserve forces of the United States, a 8 former member of the Iowa national guard having met certain 9 conditions, and a person who served on federal active duty in 10 the armed forces. In order to qualify, a person must have been 11 discharged from military service under honorable conditions. 12 EFFECTIVE DATE. The bill takes effect upon enactment. 13 -3- LSB 5711YH (4) 87 da/rj 3/ 3