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
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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
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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
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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.
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