House Study Bill 120 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP BILL) A BILL FOR An Act providing for the department of agriculture and land 1 stewardship’s administration of certain functions, relating 2 to forest and fruit tree reservation requirements, the name 3 of the state soil conservation committee, financing of soil 4 conservation and water quality practices, the health of 5 agricultural animals, issuance of two-year licenses and the 6 collection of related fees imposed upon persons engaged in 7 the marketing of agricultural animals and mining operations, 8 license fees imposed upon pesticide dealers, tickets for 9 delivering commodities in bulk, labeling of motor fuel 10 pumps dispensing certain ethanol blended gasoline, the 11 use of scales, providing for penalties, making penalties 12 applicable, and including effective date provisions. 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 14 TLSB 1331XD (19) 87 da/rj
S.F. _____ H.F. _____ Section 1. Section 159.5, subsection 12, Code 2017, is 1 amended to read as follows: 2 12. Create and maintain a division of soil conservation 3 and water quality as provided in chapter 161A . The division’s 4 director shall be appointed by the secretary from a list of 5 names of persons recommended by the soil conservation and water 6 quality committee, pursuant to section 161A.4 , and shall serve 7 at the pleasure of the secretary. The director shall be the 8 administrator responsible for carrying out the provisions of 9 chapters 207 and 208 . 10 Sec. 2. Section 159.6, subsection 1, Code 2017, is amended 11 by striking the subsection. 12 Sec. 3. Section 161A.3, subsection 4, Code 2017, is amended 13 to read as follows: 14 4. “Committee” or “state soil conservation committee” 15 means the state soil conservation and water quality committee 16 established by in section 161A.4 . 17 Sec. 4. Section 161A.4, subsection 1, Code 2017, is amended 18 to read as follows: 19 1. The division of soil conservation and water quality 20 created within the department pursuant to section 159.5 shall 21 perform the functions conferred upon it in this chapter and 22 chapters 161C , 161E , 161F , 207 , and 208 . The division shall 23 be administered in accordance with the policies of the state 24 soil conservation committee, which shall advise the division 25 and which shall approve administrative rules proposed by 26 the division for the administration of this chapter and 27 chapters 161C , 161E , 161F , 207 , and 208 before the rules are 28 adopted pursuant to section 17A.5 . If a difference exists 29 between the committee and secretary regarding the content of 30 a proposed rule, the secretary shall notify the chairperson 31 of the committee of the difference within thirty days from 32 the committee’s action on the rule. The secretary and the 33 committee shall meet to resolve the difference within thirty 34 days after the secretary provides the committee with notice of 35 -1- LSB 1331XD (19) 87 da/rj 1/ 26
S.F. _____ H.F. _____ the difference. 1 Sec. 5. Section 161A.4, subsection 4, unnumbered paragraph 2 1, Code 2017, is amended to read as follows: 3 A state soil conservation and water quality committee is 4 established within the department. 5 Sec. 6. Section 161A.4, subsection 6, paragraph c, Code 6 2017, is amended to read as follows: 7 c. The committee shall recommend three persons to the 8 secretary of agriculture who shall appoint from the persons 9 recommended a director to head the division and serve at 10 the pleasure of the secretary. After reviewing the names 11 submitted, the secretary may request that the soil conservation 12 committee submit additional names for consideration. 13 Sec. 7. Section 161A.5, subsections 1 and 2, Code 2017, are 14 amended to read as follows: 15 1. The one hundred soil and water conservation districts 16 established in the manner which was prescribed by law prior to 17 July 1, 1975 shall continue in existence with the boundaries 18 and the names in effect on July 1, 1975. If the existence of 19 a district so established is discontinued pursuant to section 20 161A.10 , a petition for reestablishment of the district or for 21 annexation of the former district’s territory to any other 22 abutting district may be submitted to, and shall be acted upon 23 by, the state soil conservation committee in substantially the 24 manner provided by section 467A.5 , Code 1975. 25 2. The governing body of each district shall consist of 26 five commissioners elected on a nonpartisan basis for staggered 27 four-year terms commencing on the first day of January that is 28 not a Sunday or holiday following their election. Any eligible 29 elector residing in the district is eligible to the office of 30 commissioner, except that no more than one commissioner shall 31 at any one time be a resident of any one township. A vacancy 32 is created in the office of any commissioner who changes 33 residence into a township where another commissioner then 34 resides. If a commissioner is absent for sixty or more percent 35 -2- LSB 1331XD (19) 87 da/rj 2/ 26
S.F. _____ H.F. _____ of monthly meetings during any twelve-month period, the other 1 commissioners by their unanimous vote may declare the member’s 2 office vacant. A vacancy in the office of commissioner 3 shall be filled by appointment of the state soil conservation 4 committee until the next succeeding general election, at which 5 time the balance of the unexpired term shall be filled as 6 provided by section 69.12 . 7 Sec. 8. Section 161A.7, subsection 1, paragraph k, Code 8 2017, is amended to read as follows: 9 k. Subject to the approval of the state soil conservation 10 committee, to change the name of the soil and water 11 conservation district. 12 Sec. 9. Section 161A.7, subsection 3, Code 2017, is amended 13 to read as follows: 14 3. The commissioners, as a condition for the receipt of 15 any state cost-sharing funds for permanent soil conservation 16 practices, shall require the owner of the land on which the 17 practices are to be established to covenant and file, in the 18 office of the soil and water conservation district of the 19 county in which the land is located, an agreement identifying 20 the particular lands upon which the practices for which state 21 cost-sharing funds are to be received will be established, 22 and providing that the project will not be removed, altered, 23 or modified so as to lessen its effectiveness without the 24 consent of the commissioners, obtained in advance and based on 25 guidelines drawn up by the state soil conservation committee, 26 for a period not to exceed twenty years after the date of 27 receiving payment. The commissioners shall assist the division 28 in the enforcement of this subsection . The agreement does not 29 create a lien on the land, but is a charge personally against 30 the owner of the land at the time of removal, alteration, or 31 modification if an administrative order is made under section 32 161A.61, subsection 3 . 33 Sec. 10. Section 161A.22, Code 2017, is amended to read as 34 follows: 35 -3- LSB 1331XD (19) 87 da/rj 3/ 26
S.F. _____ H.F. _____ 161A.22 General powers applicable —— warrants or bonds. 1 1. A subdistrict organized under this chapter has all of the 2 powers of a soil and water conservation district in addition to 3 other powers granted to the subdistrict in other sections of 4 this chapter . 5 2. The governing body of the subdistrict, upon 6 determination that benefits from works of improvement as set 7 forth in the watershed work plan to be installed will exceed 8 costs thereof, and that funds needed for purposes of the 9 subdistrict require levy of a special benefit assessment as 10 provided in section 161A.23 , in lieu of the special annual 11 tax as provided in section 161A.20 , shall record its decision 12 to use its taxing authority and, upon majority vote of 13 the governing body and with the approval of the state soil 14 conservation committee, may issue warrants or bonds payable 15 in not more than forty semiannual installments in connection 16 with the special benefit assessment, and pledge and assign the 17 proceeds of the special benefit assessment and other revenues 18 of the subdistrict as security for the warrants or bonds. The 19 warrants and bonds of indebtedness are general obligations 20 of the subdistrict, exempt from all taxes, state and local, 21 and are not indebtedness of the soil and water conservation 22 district or the state of Iowa. 23 Sec. 11. Section 161A.44, unnumbered paragraph 1, Code 24 2017, is amended to read as follows: 25 The commissioners of each soil and water conservation 26 district shall, with approval of and within time limits set by 27 administrative order of the state soil conservation committee, 28 adopt reasonable regulations as are deemed necessary to 29 establish a soil loss limit or limits for the district and 30 provide for the implementation of the limit or limits , and . A 31 district may subsequently amend or repeal their its regulations 32 as they deem it deems necessary. The committee shall review 33 the soil loss limit regulations adopted by the soil and water 34 conservation districts at least once every five years, and 35 -4- LSB 1331XD (19) 87 da/rj 4/ 26
S.F. _____ H.F. _____ shall recommend changes in the regulations of a soil and water 1 conservation district which the committee deems necessary to 2 assure that the district’s soil loss limits are reasonable and 3 attainable. The commissioners may: 4 Sec. 12. Section 161A.44, subsection 2, Code 2017, is 5 amended to read as follows: 6 2. Establish different soil loss limits for different 7 classes of land in the district if in their judgment and that 8 of the state soil conservation committee a lower soil loss 9 limit should be applied to some land than can reasonably be 10 applied to other land in the district, it being the intent of 11 the general assembly that no land in the state be assigned a 12 soil loss limit that cannot reasonably be applied to such land. 13 Sec. 13. Section 161A.44, subsection 3, paragraph c, 14 subparagraph (3), Code 2017, is amended to read as follows: 15 (3) That any owner or operator of agricultural land refrain 16 from fall plowing of land on which the owner or operator 17 intends to raise a crop during the next succeeding growing 18 season, however on those lands which are prone to excessive 19 wind erosion the commissioners may require that reasonable 20 temporary measures be taken to minimize the likelihood of wind 21 erosion so long as such measures do not unduly increase the 22 cost of operation of the farm on which the land is located. 23 However, fall plowing of soil which is commonly known as gumbo 24 shall always be permitted. 25 Sec. 14. Section 161A.71, subsection 4, Code 2017, is 26 amended to read as follows: 27 4. This section does not negate the provisions of 28 section 161A.48 that an owner or occupant of land in this 29 state shall not be required to establish any new soil and 30 water conservation practice unless public cost-sharing 31 funds have been approved and are available for the land 32 affected. However, the owner of land with respect to which an 33 administrative order to establish soil and water conservation 34 practices has been issued under section 161A.47 but not 35 -5- LSB 1331XD (19) 87 da/rj 5/ 26
S.F. _____ H.F. _____ complied with for lack of public cost-sharing funds, may waive 1 the right to await availability of such funds and instead apply 2 for a loan under this section to establish any permanent soil 3 and water conservation practices necessary to comply with the 4 order. If a landowner does so, that loan application shall 5 be given reasonable preference by the state soil conservation 6 committee if there are applications for more loans under 7 this section than can be made from the money available in 8 the conservation practices revolving loan fund. If it is 9 found necessary to deny an application for a soil and water 10 conservation practices loan to a landowner who has waived the 11 right to availability of public cost-sharing funds before 12 complying with an administrative order issued under section 13 161A.47 , the landowner’s waiver is void. 14 Sec. 15. Section 161A.73, subsection 1, paragraphs a and b, 15 Code 2017, are amended to read as follows: 16 a. The allocation of cost-share moneys as financial 17 incentives provided for the purpose of establishing permanent 18 soil and water conservation practices, including but 19 not limited to terraces, diversions, grade stabilization 20 structures, grassed waterways, and critical area planting. The 21 Except for edge-of-field practices, financial incentives shall 22 not exceed fifty percent of the estimated cost of establishing 23 the practices, or fifty percent of the actual cost, whichever 24 is less. 25 b. The allocation of moneys as financial incentives provided 26 for the purpose of establishing management practices to control 27 soil erosion on land that is row cropped, including but not 28 limited to cover crops, no-till planting, ridge-till planting, 29 contouring, and contour strip-cropping. The division shall by 30 rule establish limits on the amount of incentives which shall 31 be authorized for payment to landowners upon establishment of 32 the practice. 33 Sec. 16. Section 161C.1, subsection 1, Code 2017, is amended 34 to read as follows: 35 -6- LSB 1331XD (19) 87 da/rj 6/ 26
S.F. _____ H.F. _____ 1. “Committee” or “state soil conservation committee” 1 means the state soil conservation and water quality committee 2 established by in section 161A.4 . 3 Sec. 17. Section 161C.4, subsection 1, Code 2017, is amended 4 to read as follows: 5 1. A water protection fund is created within the division. 6 The fund is composed of money appropriated by the general 7 assembly for that purpose, and moneys available to and obtained 8 or accepted by the state soil conservation committee from the 9 United States or private sources for placement in the fund. 10 The fund shall be a revolving fund from which moneys may be 11 used for loans, grants, administrative costs, and cost-sharing. 12 Sec. 18. Section 163.30, subsection 3, paragraphs a and c, 13 Code 2017, are amended to read as follows: 14 a. The fee for a dealer’s license is five ten dollars each 15 year . A dealer’s license expires on the first day of the 16 second July following the date of issue. A An initial license 17 shall be numbered and the dealer any subsequent or renewed 18 license issued to that dealer shall retain the same license 19 number from year to year . 20 c. Each employee or agent doing business by buying for 21 resale, selling, or exchanging feeder swine in the name of 22 a licensed dealer shall be required to secure must obtain a 23 permit issued by the department showing the person is employed 24 by or represents a licensed dealer. All such permits A permit 25 shall be issued upon the department’s approval of a completed 26 application. An application forms form shall be furnished by 27 the department at a cost of three . The fee for a permit is six 28 dollars per annum, and . A permit shall expire on the first day 29 of the second July following the date of issue. 30 Sec. 19. Section 163.30, subsection 5, paragraph b, Code 31 2017, is amended to read as follows: 32 b. Registered swine for exhibition or breeding purposes 33 which can be individually identified by an ear notch or tattoo 34 or other a method approved by the department are excepted from 35 -7- LSB 1331XD (19) 87 da/rj 7/ 26
S.F. _____ H.F. _____ the identification requirement. 1 Sec. 20. Section 163.41, Code 2017, is amended to read as 2 follows: 3 163.41 License required. 4 1. A person shall not engage in the business of leasing a 5 breeding bull without having obtained a license from issued 6 by the department and registering each breeding bull with the 7 department as provided in this subchapter section 163.42 . An 8 annual The license may be obtained from the department upon 9 completing an application and payment of a ten-dollar for 10 approval by the department. The license fee is twenty dollars . 11 Each The license shall expire on the first day of the second 12 July following the date of issue. 13 2. An application for a license shall be made on a form 14 provided by the department and shall contain the name of the 15 person engaged in the business of leasing breeding bulls as 16 lessor, the address of such business, the registration number 17 of each breeding bull, and a description as to breed, color and 18 other distinguishing marks, leased as lessor, and such other 19 information as the secretary of agriculture may specify by rule 20 promulgated adopted pursuant to chapter 17A . 21 3. For the purposes of this section , a person is engaged 22 in the business of leasing a breeding bull within this state 23 as lessor if the person leases any breeding bull to an Iowa 24 resident more than once in any calendar year for a fee. 25 Sec. 21. Section 164.1, Code 2017, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 5A. “Department” means the department of 28 agriculture and land stewardship. 29 Sec. 22. Section 164.3, Code 2017, is amended to read as 30 follows: 31 164.3 Female designated animals vaccinated. 32 Native female bovine animals of any breed between the 33 ages of four months and ten twelve months may be officially 34 vaccinated for brucellosis according to procedures approved by 35 -8- LSB 1331XD (19) 87 da/rj 8/ 26
S.F. _____ H.F. _____ the United States department of agriculture. Native female 1 designated animals other than bovine animals may be vaccinated 2 as provided by rules adopted by the department. The expense of 3 the vaccination shall be borne in the same manner as provided 4 in section 164.6 . 5 Sec. 23. Section 166.1, Code 2017, is amended by adding the 6 following new subsections: 7 NEW SUBSECTION . 2A. “Department” means the department of 8 agriculture and land stewardship. 9 NEW SUBSECTION . 5. “Secretary” means the secretary of 10 agriculture. 11 Sec. 24. Section 166.42, subsection 2, Code 2017, is amended 12 to read as follows: 13 2. The secretary is authorized to sell or otherwise dispose 14 of classical-swine-fever vaccine and or serum at such time as 15 the state is declared a classical-swine-fever-free state by 16 the United States department of agriculture, or if the potency 17 of such vaccine and or serum is in doubt. Money received 18 under provisions of this section shall be paid into the state 19 treasury. 20 Sec. 25. Section 166A.1, Code 2017, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 6A. “Department” means the department of 23 agriculture and land stewardship. 24 Sec. 26. Section 166A.2, Code 2017, is amended to read as 25 follows: 26 166A.2 Sheep dealer’s license. 27 1. Any person engaged A person shall not act as a dealer 28 shall be required to obtain unless the person obtains a license 29 from issued by the department. The fee for such license shall 30 be five fee is ten dollars per year and all licenses shall 31 expire . A license expires on the first day of the second July 32 following date of issue. Licenses An initial license shall 33 be numbered and the dealer any subsequent or renewed license 34 issued to the dealer shall retain the same number from year to 35 -9- LSB 1331XD (19) 87 da/rj 9/ 26
S.F. _____ H.F. _____ year . An application for a license must be prepared on a form 1 furnished by the department. 2 Applications for licenses shall be made upon blanks 3 furnished by the department. 4 2. For good and sufficient grounds the department may refuse 5 to grant a license to any applicant, and it may also revoke a 6 license to any applicant obtained by a dealer for a violation 7 of any provision of this chapter , or for the refusal or failure 8 of any licensee a dealer to obey the lawful directions of the 9 department. 10 3. Any person who is licensed as a sheep dealer under 11 chapter 172A shall be exempt from this section . 12 Sec. 27. Section 168.3, Code 2017, is amended to read as 13 follows: 14 168.3 Term and License fee and expiration . 15 The fee for obtaining a license fee issued under section 16 168.2 shall be ten twenty dollars per annum, and each such 17 license shall expire on the second July 1 after the date of 18 issue. 19 Sec. 28. Section 172A.1, Code 2017, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 3A. “Department” means the department of 22 agriculture and land stewardship. 23 NEW SUBSECTION . 5. “Secretary” means the secretary of 24 agriculture. 25 Sec. 29. Section 172A.2, Code 2017, is amended to read as 26 follows: 27 172A.2 License required. 28 1. No A person shall not act as a dealer or broker 29 without first being licensed obtaining a license issued by 30 the secretary . No A person shall not act for any dealer or 31 broker as an agent unless such dealer or broker is licensed, 32 has designated such agent to act in the dealer’s or broker’s 33 behalf, and has notified the secretary of the designation in 34 the dealer’s or broker’s application for license or has given 35 -10- LSB 1331XD (19) 87 da/rj 10/ 26
S.F. _____ H.F. _____ official notice in writing of the appointment of the agent 1 and the secretary has issued to the agent an agent’s license. 2 A dealer or broker shall be accountable and responsible 3 for contracts made by an agent in the course of the agent’s 4 employment. The license of an agent whose employment by the 5 dealer or broker is terminated shall be void on the date 6 written notice of termination is received by the secretary. 7 2. The license of a dealer, broker, or agent, unless 8 revoked, shall expire on the last day of the second June 9 following the date of issue. The annual fee for the obtaining 10 a license of as a dealer or broker is fifty one hundred 11 dollars. The annual fee for an agent’s obtaining a license as 12 an agent is ten twenty dollars. 13 3. No A person may shall not be issued a license if that 14 person previously has had a license revoked, or previously was 15 issued a license and the secretary suspended that license, 16 unless the order of suspension or revocation is thereafter 17 terminated by the secretary. 18 Sec. 30. Section 189A.18, Code 2017, is amended to read as 19 follows: 20 189A.18 Humane slaughter practices. 21 Every establishment subject to the provisions of this 22 chapter engaged in the slaughter of bovine, porcine, caprine, 23 or ovine animals or farm deer shall slaughter all such animals 24 in an approved humane slaughtering method. For purposes of 25 this section , an approved humane slaughtering method shall 26 include and be limited to slaughter by shooting, electrical 27 shock, captive bolt, or use of carbon dioxide gas prior to the 28 animal being shackle hoisted, thrown, cast , or cut; however, 29 the slaughtering, handling , or other preparation of livestock 30 in accordance with the ritual requirements of the Jewish or 31 any other faith that prescribes and requires a method whereby 32 slaughter becomes effected by severance of the carotid arteries 33 with a sharp instrument is hereby designated and approved as a 34 humane method of slaughter under the law. 35 -11- LSB 1331XD (19) 87 da/rj 11/ 26
S.F. _____ H.F. _____ Sec. 31. Section 196.3, Code 2017, is amended to read as 1 follows: 2 196.3 Egg handler’s license and —— fee and expiration . 3 1. Every egg handler shall obtain an annual a license from 4 issued by the department. The license fee for the license 5 shall be determined on the basis of the total number of eggs 6 purchased or handled during the preceding month of April in 7 each calendar year as follows: 8 a. Less than one hundred twenty-five 9 cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20.20 10 $40.40 11 b. One hundred twenty-five cases or 12 more but less than two hundred fifty 13 cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $47.25 14 $94.50 15 c. Two hundred fifty cases or more but 16 less than one thousand cases . . . . . . . . . . . . . . . . . . . . . . . $67.50 17 $135.00 18 d. One thousand cases or more but less 19 than five thousand cases . . . . . . . . . . . . . . . . . . . . . . . . . . . $135.00 20 $270.00 21 e. Five thousand cases or more but less 22 than ten thousand cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . $236.25 23 $472.50 24 f. Ten thousand cases or more . . . . . . . . . . . . . . . . . . $337.50 25 $675.00 26 2. The license shall expire one year two years after its the 27 license’s date of issue. 28 3. For the purpose of determining fees the license fee , a 29 case shall be thirty dozen eggs. 30 4. All license fees collected under this section shall be 31 remitted to the treasurer of state for deposit in the general 32 fund of the state. 33 3. 5. If an egg handler is not operating during the month 34 of April preceding the date that the license is to be issued , 35 -12- LSB 1331XD (19) 87 da/rj 12/ 26
S.F. _____ H.F. _____ the department shall estimate the volume of eggs purchased or 1 handled, or both, and may revise the license fee based on three 2 months of operation. 3 Sec. 32. Section 197.1, Code 2017, is amended to read as 4 follows: 5 197.1 License. 6 1. Every person , partnership, or corporation engaged in 7 the business of buying poultry or domestic fowls fowl for the 8 market from the a producer , shall obtain a poultry dealer’s 9 license from the department for each establishment at which 10 business is conducted. 11 2. The word “producer” as used in this chapter shall include 12 anyone not a licensed dealer who has acquired such poultry or 13 domestic fowls other than through a licensed dealer. 14 Sec. 33. NEW SECTION . 197.1A Definitions. 15 1. “Department” means the department of agriculture and land 16 stewardship. 17 2. “Producer” means a person, not a licensed dealer under 18 section 197.1, who acquires poultry or domestic fowl other than 19 through a licensed dealer. 20 Sec. 34. Section 197.2, Code 2017, is amended to read as 21 follows: 22 197.2 Fee License —— fee and expiration . 23 The license fee shall be three six dollars per annum, and 24 each . A license shall expire on the first day of the second 25 March 1 after following the date of issue. 26 Sec. 35. Section 198.2, Code 2017, is amended to read as 27 follows: 28 198.2 Enforcing official. 29 This chapter shall be administered by the secretary of 30 agriculture . 31 Sec. 36. Section 198.3, Code 2017, is amended by adding the 32 following new subsections: 33 NEW SUBSECTION . 6A. “Department” means the department of 34 agriculture and land stewardship. 35 -13- LSB 1331XD (19) 87 da/rj 13/ 26
S.F. _____ H.F. _____ NEW SUBSECTION . 19A. “Secretary” means the secretary of 1 agriculture. 2 Sec. 37. Section 198.4, subsections 2 and 4, Code 2017, are 3 amended to read as follows: 4 2. A person shall obtain a license issued by the secretary , 5 for each facility which distributes in or into the state, 6 authorizing the person to manufacture or distribute commercial 7 feed before the person engages in such activity. Any person 8 who makes only retail sales of commercial feed which bears 9 labeling or other approved indication that the commercial feed 10 is from a licensed manufacturer, guarantor, or distributor who 11 has assumed full responsibility for the tonnage inspection fee 12 due under section 198.9 is not required to obtain a license. 13 4. A person obtaining a license under this section shall 14 pay to the secretary a license fee of ten twenty dollars. Fees 15 relating to the issuance of licenses The fee shall be paid by 16 July 1 of each year and the license shall expire two years 17 after that date . 18 Sec. 38. Section 199.1, subsection 16, paragraph a, Code 19 2017, is amended by adding the following new subparagraph: 20 NEW SUBPARAGRAPH . (9) Palmer amaranth Amaranthus 21 palmeri. 22 Sec. 39. Section 200.3, Code 2017, is amended by adding the 23 following new subsections: 24 NEW SUBSECTION . 6A. “Department” means the department of 25 agriculture and land stewardship. 26 NEW SUBSECTION . 23A. “Secretary” means the secretary of 27 agriculture. 28 Sec. 40. Section 200.4, Code 2017, is amended to read as 29 follows: 30 200.4 Licenses License —— fee and expiration . 31 1. Any person who manufactures, mixes, blends, mixes to 32 customer’s order, offers for sale, sells, or distributes any 33 fertilizer or soil conditioner in Iowa this state must first 34 obtain a license from issued by the secretary of agriculture 35 -14- LSB 1331XD (19) 87 da/rj 14/ 26
S.F. _____ H.F. _____ and shall pay a ten-dollar twenty dollar license fee for each 1 place of manufacture or distribution from which fertilizer or 2 soil conditioner products are sold or distributed in Iowa this 3 state . Such The license fee shall be paid annually expire on 4 the first day of the second July 1 of each year following the 5 date of issue . 6 2. Said The licensee shall at all times produce an intimate 7 and uniform mixture of fertilizers or soil conditioners. When 8 two or more fertilizer materials are delivered in the same 9 load, they shall be thoroughly and uniformly mixed unless they 10 are in separate compartments. 11 Sec. 41. Section 200.5, Code 2017, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 8A. The secretary shall establish minimum 14 requirements for the registration of fertilizers and soil 15 conditioners by efficacy testing or the substantiation of data 16 relevant to Iowa crops and soils. 17 Sec. 42. Section 200A.13, Code 2017, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 3. The department may assess a civil 20 penalty for a violation of this chapter which shall not exceed 21 five hundred dollars. Each day that a violation continues 22 shall constitute a separate violation. Moneys collected in 23 civil penalties shall be deposited in the general fund of the 24 state. 25 Sec. 43. Section 206.2, Code 2017, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 26A. “Secretary” means the secretary of 28 agriculture. 29 Sec. 44. Section 206.8, subsection 2, Code 2017, is amended 30 to read as follows: 31 2. The annual license fee for a pesticide dealer is due 32 and payable by June 30 of each year to the department. The 33 annual license fee is based on the gross retail sales of all 34 pesticides sold for use in this state by the dealer in the 35 -15- LSB 1331XD (19) 87 da/rj 15/ 26
S.F. _____ H.F. _____ previous year. The license fee shall be set as follows: 1 a. (1) A pesticide dealer with less than one hundred 2 thousand dollars in gross retail pesticide sales shall have the 3 option to pay a license fee based on one-tenth of one percent 4 of the gross retail pesticide sales in the previous year or to 5 pay a license fee according to the following schedule : 6 (a) Ten dollars, if the annual gross retail pesticide sales 7 are less than ten thousand dollars. 8 (b) Twenty-five dollars, if the annual gross retail 9 pesticide sales are ten thousand dollars or more but less than 10 twenty-five thousand dollars. 11 (b) (c) Fifty dollars, if the annual gross retail pesticide 12 sales are twenty-five thousand dollars or more but less than 13 fifty thousand dollars. 14 (c) (d) Seventy-five dollars, if the annual gross retail 15 pesticide sales are fifty thousand dollars or more but less 16 than seventy-five thousand dollars. 17 (d) (e) One hundred dollars, if the annual gross retail 18 pesticide sales are seventy-five thousand dollars or more but 19 less than one hundred thousand dollars. 20 (2) The secretary shall provide for a three-month grace 21 period for licensure and shall impose a late fee of ten dollars 22 upon the licensure of a dealer applying for licensure during 23 the month of October, a late fee of fifteen dollars upon 24 the licensure of a dealer applying for licensure during the 25 month of November, a late fee of twenty-five dollars upon the 26 licensure of a dealer applying for licensure during the month 27 of December, and a late fee of twenty-five dollars upon the 28 licensure of a dealer applying for licensure for each month 29 after the month of December . 30 b. (1) A pesticide dealer with one hundred thousand dollars 31 or more in gross retail pesticide sales shall pay a license fee 32 based on one-tenth of one percent of the gross retail pesticide 33 sales in the previous year. 34 (2) The secretary shall provide for a three-month grace 35 -16- LSB 1331XD (19) 87 da/rj 16/ 26
S.F. _____ H.F. _____ period for licensure and shall impose a late fee of two percent 1 of the license fee upon the licensure of a dealer applying 2 for licensure during the month of October, a late fee of four 3 percent of the license fee upon the licensure of a dealer 4 applying for licensure during the month of November, a late 5 fee of five percent of the license fee upon the licensure of 6 a dealer applying for licensure during the month of December, 7 and a late fee of five percent upon the licensure of a dealer 8 applying for licensure for each month after the month of 9 December of the license fee calculated in subparagraph (1) . 10 Sec. 45. Section 207.2, subsection 2, Code 2017, is amended 11 to read as follows: 12 2. “Committee” means the state soil conservation and water 13 quality committee established in section 161A.4 . 14 Sec. 46. Section 208.2, subsection 3, Code 2017, is amended 15 to read as follows: 16 3. “Committee” means the state soil conservation and water 17 quality committee established in section 161A.4 . 18 Sec. 47. Section 208.7, Code 2017, is amended to read as 19 follows: 20 208.7 Mining license —— fees and expirations . 21 An operator shall not engage in mining as defined by section 22 208.2 without first obtaining a license from the division. 23 Licenses A license shall be issued and renewed upon approval 24 by the division following the submission of a completed 25 application by the operator. Applications An application shall 26 be submitted on a form provided by the division and shall be 27 accompanied by a license fee of fifty dollars. Each applicant 28 shall be required to furnish on the form information necessary 29 to identify the applicant. Licenses The initial license shall 30 expire on December 31 of each the year and of issue. An initial 31 license shall be renewed by the division as required by the 32 division. The renewed license shall expire the last day of 33 the second December following the date of issue. The division 34 shall renew a license upon approving an application submitted 35 -17- LSB 1331XD (19) 87 da/rj 17/ 26
S.F. _____ H.F. _____ within thirty days prior to the expiration date and . The 1 application for a renewed license must be accompanied by a fee 2 of ten twenty dollars. However, a political subdivision shall 3 not be required to pay a license application or renewal fee. 4 Sec. 48. NEW SECTION . 212.1A Definitions. 5 As used in this chapter, unless the context otherwise 6 requires, “department” means the department of agriculture and 7 land stewardship. 8 Sec. 49. Section 212.2, Code 2017, is amended to read as 9 follows: 10 212.2 Delivery tickets required. 11 No A person shall not deliver any bulk commodities, other 12 than liquids, by vehicle unless otherwise provided for , without 13 each such delivery being accompanied by two duplicate delivery 14 tickets , on each of which . Each delivery ticket shall be 15 written in ink or other indelible substance and include all of 16 the following: 17 1. The actual weight distinctly expressed in pounds or 18 kilograms of the gross weight of the load , the . 19 2. The tare of the delivery vehicle, and the net amount 20 in weight of the commodity or, if the commodity is weighed by 21 hopper scale or belt conveyor, the net weight of the commodity 22 expressed in pounds or kilograms without expression of the tare 23 of the delivery vehicle or the gross weight of the load. 24 3. The delivery ticket shall display the names of the 25 purchaser and the dealer from whom the commodity was purchased. 26 4. The date delivered and the type of commodity being 27 delivered. 28 Sec. 50. Section 212.3, Code 2017, is amended to read as 29 follows: 30 212.3 Disposition of delivery tickets. 31 One of said duplicate tickets delivery ticket described in 32 section 212.3 shall be delivered to the vendee and the other 33 one duplicative delivery ticket shall be returned to the vendor 34 or retained electronically by the vendor if approval from the 35 -18- LSB 1331XD (19) 87 da/rj 18/ 26
S.F. _____ H.F. _____ department has previously been granted . Upon demand of the 1 department the person in charge of the load shall surrender one 2 of said the duplicate delivery tickets to the person making 3 such demand. If said the duplicative delivery ticket is 4 retained , an official weight slip shall be delivered by said 5 the department to the vendee or the vendee’s agent. 6 Sec. 51. Section 214A.16, subsection 1, paragraph c, Code 7 2017, is amended to read as follows: 8 c. If the motor fuel pump dispenses ethanol blended gasoline 9 classified as higher than standard ethanol blended gasoline 10 pursuant to section 214A.2 , the decal shall contain the 11 following notice: language that the ethanol blended gasoline is 12 for use in flexible fuel vehicles. 13 FOR FLEXIBLE FUEL VEHICLES ONLY. 14 Sec. 52. Section 215.19, Code 2017, is amended to read as 15 follows: 16 215.19 Automatic recorders on scales. 17 Except for scales used by packers slaughtering fewer than 18 one hundred twenty head of livestock per day, all scales 19 with a capacity over five hundred pounds, which are used for 20 commercial purposes in the this state of Iowa , and installed 21 after January 1, 1981, shall be equipped with either a 22 type-registering weigh beam, a dial with a mechanical ticket 23 printer, an automatic weight recorder, or some similar device 24 which shall be used for printing or stamping the weight values 25 on scale tickets. A scale equipped with a malfunctioning 26 automatic weight recorder may be used for not more than seven 27 days if the device is unable to print or stamp the ticket 28 so long as a repair to the automatic recorder is immediately 29 initiated and the user dates, signs, and accurately handwrites 30 the required information on the ticket until the device is 31 operational. 32 Sec. 53. Section 266.39, subsection 3, paragraph a, 33 subparagraph (7), Code 2017, is amended to read as follows: 34 (7) One man and one woman, actively engaged in agricultural 35 -19- LSB 1331XD (19) 87 da/rj 19/ 26
S.F. _____ H.F. _____ production, appointed by the state soil conservation and water 1 quality committee established in section 161A.4 . 2 Sec. 54. Section 308.1, Code 2017, is amended to read as 3 follows: 4 308.1 Planning commission. 5 The Mississippi parkway planning commission shall be 6 composed of ten members appointed by the governor, five members 7 to be appointed for two-year terms beginning July 1, 1959, and 8 five members to be appointed for four-year terms beginning 9 July 1, 1959. In addition to the above members there shall be 10 seven advisory ex officio members who shall be as follows: One 11 member from the state transportation commission, one member 12 from the natural resource commission, one member from the state 13 soil conservation and water quality committee, one member from 14 the state historical society of Iowa, one member from the 15 faculty of the landscape architectural division of the Iowa 16 state university of science and technology, one member from 17 the economic development authority, and one member from the 18 environmental protection commission. Members and ex officio 19 members shall serve without pay, but the actual and necessary 20 expenses of members and ex officio members may be paid if the 21 commission so orders and if the commission has funds available 22 for that purpose. 23 Sec. 55. Section 460.303, subsection 1, Code 2017, is 24 amended to read as follows: 25 1. An agricultural drainage well water quality assistance 26 fund is created in the state treasury under the control of 27 the division. The fund is composed of moneys appropriated by 28 the general assembly, and moneys available to and obtained or 29 accepted by the division or the state soil conservation and 30 water quality committee established pursuant to in section 31 161A.4 , from the United States or private sources for placement 32 in the fund. 33 Sec. 56. EFFECTIVE DATE. The sections of this Act amending 34 sections 163.30, 163.41, 166A.2, 168.3, and 198.4 take effect 35 -20- LSB 1331XD (19) 87 da/rj 20/ 26
S.F. _____ H.F. _____ June 1, 2017. 1 Sec. 57. EFFECTIVE DATE. The section of this Act amending 2 section 200.4 takes effect June 1, 2018. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 GENERAL. This bill amends a number of Code provisions 7 administered and enforced by the department of agriculture 8 and land stewardship (department), relating to forest and 9 fruit tree reservations; soil conservation and water quality; 10 agricultural animal health; licenses and associated fees; the 11 manufacture of fertilizers and soil conditioners; the control 12 of noxious weed seeds; the delivery of commodities in bulk; and 13 decals affixed to motor fuel pumps notifying the public of high 14 percentage ethanol blends in gasoline. 15 FOREST AND FRUIT TREE RESERVATIONS. The bill eliminates a 16 provision requiring the department to enforce laws regarding 17 forest and fruit tree reservations (Code section 159.6). A 18 person who currently holds title to a qualifying reservation 19 may be exempt from property taxes upon completing an 20 application according to criteria established by the natural 21 resource commission which must be filed with the county auditor 22 where the reservation is located (Code chapter 427C). 23 STATE SOIL CONSERVATION AND WATER QUALITY COMMITTEE —— 24 NAME CHANGE. The bill changes the name of the state soil 25 conservation committee to the state soil conservation and water 26 quality committee (committee) wherever it appears in the Code. 27 The committee cooperates with the department’s division of soil 28 conservation and water quality (division) and with local soil 29 and water conservation districts (districts) to assist persons 30 in establishing and maintaining a number of soil conservation 31 and erosion control practices on agricultural land which are 32 often financed on a cost-share basis (Code chapter 161A). 33 MANAGEMENT PRACTICES —— SPECIFIC MEASURES. The bill 34 authorizes the division to finance edge-of-field practices at 35 -21- LSB 1331XD (19) 87 da/rj 21/ 26
S.F. _____ H.F. _____ a cost-share rate established by the division (Code section 1 161A.73). The bill authorizes the division to finance the 2 establishment of cover crops as an eligible management practice 3 qualifying for state financing (Code section 161A.73). The 4 bill eliminates a provision allowing fall plowing of so-called 5 gumbo soil as part of is regulations establishing soil loss 6 limits (Code section 161A.44). 7 AGRICULTURAL ANIMALS —— HEALTH. The bill eliminates a 8 provision that allows an ear notch or tattoo to be used to 9 individually identify registered swine required to be moved 10 for exhibition or breeding under a certificate of veterinary 11 inspection. The swine would still have to be identified in 12 a manner required by the department (Code section 163.30). 13 The bill provides that 12 rather than 10 months old is the 14 highest age limit that a native female bovine animal may be 15 vaccinated for brucellosis (Code section 164.3). The bill also 16 eliminates a requirement that in order for the department to 17 dispose of classical-swine-fever vaccine or serum, the United 18 States department of agriculture must declare the state as free 19 of the disease (Code section 166.42). A person violating a 20 requirement in Code chapter 164 governing the control of bovine 21 brucellosis is guilty of a simple misdemeanor (Code section 22 164.31). 23 AGRICULTURAL ANIMALS —— SLAUGHTER PRACTICES. The bill 24 provides that a state meat processing establishment must use 25 humane practices when slaughtering caprine species. Currently, 26 such practices must be used when slaughtering bovine, porcine, 27 or ovine species or animals classified as farm deer (Code 28 section 189A.18). Generally, a person who violates a provision 29 in Code chapter 189A regulating slaughtering practices is 30 guilty of a simple misdemeanor (Code section 189A.17). 31 LICENSES AND ASSOCIATED FEES —— LICENSE CYCLE AND RATES. 32 The bill provides that a number of licenses issued by the 33 department would expire on a two-year rather than one-year 34 cycle and the corresponding combined first and second year 35 -22- LSB 1331XD (19) 87 da/rj 22/ 26
S.F. _____ H.F. _____ fees would be payable to the department for deposit in the 1 state treasury. Currently, all licenses are due annually on 2 a fixed date set by statute (expiration-anniversary date) so 3 that a person obtaining an initial license on any day (issue 4 date) must reobtain a new license or renew an existing license 5 12 or fewer months later (ensuring that all such licenses are 6 reissued or renewed on a single date). The amount of the fee 7 is either a fixed rate (flat fee) or a graduated rate which is 8 connected to specific circumstances such as the size of the 9 licensee’s market (sliding scale fee). 10 The bill provides that licenses with an 11 expiration-anniversary date which would fall on July 1 of the 12 second year, and who would pay a combined flat fee, includes 13 a swine dealer or the dealer’s agent (Code section 163.30); 14 a lessor of breeding bulls (Code section 163.41); a sheep 15 dealer (Code section 166A.2); a custom hatchery or chick 16 dealer (Code section 168.3); and a manufacturer or distributor 17 of commercial animal feed (Code section 198.4). A licensee 18 manufacturing or distributing fertilizer or a soil conditioner 19 with an expiration-anniversary date which would fall on July 1 20 of the second year would pay a fee based on the number of the 21 licensee’s business locations (Code section 200.4). A licensee 22 whose expiration-anniversary date would fall on December 31 23 of the second year would include a mining operator whose flat 24 fee for an initial license would remain the same but who would 25 be required to pay a combined flat fee for a two-year renewal 26 (Code section 208.7). The expiration-anniversary date of a 27 poultry dealer’s licensee would be March 1 of the second year 28 (Code section 197.2). Generally, the amount of the combined 29 fees for each of these described licenses would equal $20 or 30 less. A dealer or broker purchasing livestock for slaughter 31 and whose expiration-anniversary date would fall on June 30 of 32 the second year would pay a combined flat fee of $100 and the 33 agent of a dealer or broker would pay a combined flat fee of 34 $20 (Code section 172A.2). In the case of an egg handler, the 35 -23- LSB 1331XD (19) 87 da/rj 23/ 26
S.F. _____ H.F. _____ license’s two-year expiration-anniversary date is calculated 1 from the issue date. The sliding scale fee remains based on 2 the purchase or handling of cases of 30 dozen eggs and the 3 combined fee would range from $40.40 to $675 (Code section 4 196.3). 5 LICENSES AND ASSOCIATED FEES —— PESTICIDE DEALERS. The bill 6 does not change the December 31 expiration-anniversary date 7 for a pesticide dealer’s license or the June 30 date when a 8 license fee is due (Code section 206.8). The bill eliminates 9 an option that allowed a dealer having less than $100,000 in 10 gross retail pesticide sales (sales) in the previous year to 11 pay an amount equal to one-tenth of 1 percent of the dealer’s 12 sales in the previous year. The dealer would be required to 13 calculate the fee according to the existing statutory schedule 14 which assigns a specific fee amount to a corresponding tier 15 of sales. The bill creates a new scheduled fee of $10 for 16 persons having annual gross retail pesticide sales of less 17 than $10,000. Currently, the lowest scheduled fee is $25 for 18 persons having annual gross retail pesticide sales of less than 19 $25,000. The highest scheduled fee is $100 for persons having 20 annual gross retail pesticide sales of less than $100,000. A 21 dealer having $100,000 or more in gross sales must continue to 22 use the one-tenth of 1 percent formula to calculate the amount 23 of the license fee. 24 The bill retains a three-month grace period granted to both 25 types of licensees so long as they pay a late fee. For a dealer 26 having less than $100,000 in sales, the bill requires a flat 27 fee of $25 instead of the current sliding scale fee equaling 28 $10 in October, $15 in November, and $25 after November. For a 29 dealer having $100,000 or more in sales, the bill requires a 30 flat fee of 5 percent of the license fee instead of the current 31 sliding scale fee equaling 2 percent in October, four percent 32 in November, and 5 percent after November. 33 APPLICATION OF FERTILIZERS, FERTILIZER MATERIALS, OR 34 SOIL CONDITIONERS. The bill amends the “Iowa Fertilizer 35 -24- LSB 1331XD (19) 87 da/rj 24/ 26
S.F. _____ H.F. _____ Law” (Code chapter 200) which provides for the regulation of 1 products referred to as fertilizer, fertilizer material, or 2 soil conditioner used to promote plant growth, alter plant 3 composition, produce increased crop yields, or correct soil 4 acidity (Code section 200.3). A person seeking to sell a 5 fertilizer or soil conditioner on a commercial basis must 6 register the product with the department and may be required 7 to submit satisfactory evidence of its favorable effects and 8 safety. The bill requires that minimum requirements are to be 9 established by efficacy testing or the substantiation of data 10 relevant to Iowa crops and soils (Code section 200.5). The 11 bill also amends the “Bulk Dry Animal Nutrient Products Law” 12 (Code chapter 200A) regulating the sale of nutrients such as 13 manure which are not labeled by authorizing the department 14 to assess a $500 civil penalty for a violation of that Code 15 chapter (Code section 200A.13). Generally, a person who 16 violates a provision in either Code chapter is guilty of a 17 simple misdemeanor (Code sections 200.18 and 200A.13). 18 NOXIOUS WEED SEEDS. The bill adds the plant seed palmer 19 amaranth to the list of primary noxious weed seeds that are 20 prohibited from being sold or transported in this state (Code 21 sections 199.1 and 199.8). A person violating a provision 22 in the Code chapter regulating seed is guilty of a simple 23 misdemeanor (Code section 199.13). 24 DELIVERY OF COMMODITIES IN BULK —— USE DELIVERY TICKETS. The 25 bill amends two provisions that require the use of duplicative 26 delivery tickets (tickets) by persons delivering bulk 27 commodities such as grain but excluding liquids such as motor 28 fuel. Currently, one ticket must be delivered to the vendee 29 and the other must be returned to the vendor (Code sections 30 212.2 and 212.3). The bill requires the ticket include the 31 delivery date and type of commodity being delivered and allows 32 for the vendor’s ticket to be retained electronically. 33 MOTOR FUEL PUMPS —— HIGH ETHANOL BLENDED GASOLINE —— LABEL 34 REQUIREMENT. The bill amends a provision requiring that a 35 -25- LSB 1331XD (19) 87 da/rj 25/ 26
S.F. _____ H.F. _____ motor fuel pump dispensing ethanol blended gasoline with an 1 ethanol content higher than 15 percent be affixed with a decal 2 stating that the motor fuel is only to be used in flexible 3 fuel vehicles. The bill provides that the decal must contain 4 language specifying that the high ethanol blended gasoline is 5 for use in such vehicles (Code section 214A.16). A person 6 who violates a provision of the Code chapter regulating motor 7 fuel is guilty of a serious misdemeanor or alternatively may 8 be subject to a civil penalty of up to $1,000 (Code section 9 214A.11). 10 The bill provides that a scale equipped with a weight 11 recorder used to print or stamp the weight values on scale 12 tickets (Code section 215.9) may remain operational for seven 13 days after the recorder has malfunctioned as long as a repair 14 has been immediately initiated and during that period the user 15 dates, signs, and accurately handwrites information on the 16 ticket. 17 CRIMINAL PENALTIES. A simple misdemeanor is punishable by 18 confinement for no more than 30 days or a fine of at least $65 19 but not more than $625 or by both. A serious misdemeanor is 20 punishable by confinement for no more than one year and a fine 21 of at least $315 but not more than $1,875. 22 EFFECTIVE DATES. Several provisions of the bill take effect 23 June 1, 2017, including provisions regulating the licensing 24 of swine dealers (Code sections 163.30 and 163.41), sheep 25 dealers (Code section 166A.2), custom hatcheries and chick 26 dealers (Code section 168.3) and manufacturers and distributors 27 of commercial feed (Code section 198.4). A provision which 28 regulates the licensing of persons involved in the manufacture 29 of fertilizers and soil conditioners takes effect June 1, 2018 30 (Code section 200.4). 31 -26- LSB 1331XD (19) 87 da/rj 26/ 26