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House File 550 - IntroducedA Bill ForAn Act 1providing for the department of agriculture and land
2stewardship’s administration of certain functions, relating
3to forest and fruit tree reservation requirements, the name
4of the state soil conservation committee, financing of soil
5conservation and water quality practices, the health of
6agricultural animals, issuance of two-year licenses and the
7collection of related fees imposed upon persons engaged in
8the marketing of agricultural animals and mining operations,
9license fees imposed upon pesticide dealers, tickets for
10delivering commodities in bulk, labeling of motor fuel
11pumps dispensing certain ethanol blended gasoline, the
12use of scales, providing for penalties, making penalties
13applicable, and including effective date provisions.
14BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 159.5, subsection 12, Code 2017, is
2amended to read as follows:
312. Create and maintain a division of soil conservation
4and water quality as provided in chapter 161A. The division’s
5director shall be appointed by the secretary from a list of
6names of persons recommended by the soil conservation and water
7quality committee, pursuant to section 161A.4, and shall serve
8at the pleasure of the secretary. The director shall be the
9administrator responsible for carrying out the provisions of
10chapters 207 and 208.
11 Sec. 2. Section 159.6, subsection 1, Code 2017, is amended
12by striking the subsection.
13 Sec. 3. Section 161A.3, subsection 4, Code 2017, is amended
14to read as follows:
154. “Committee” or “state soil conservation committee”
16 means the state soil conservation and water quality committee
17established by in section 161A.4.
18 Sec. 4. Section 161A.4, subsection 1, Code 2017, is amended
19to read as follows:
201. The division of soil conservation and water quality
21created within the department pursuant to section 159.5 shall
22perform the functions conferred upon it in this chapter and
23chapters 161C, 161E, 161F, 207, and 208. The division shall
24be administered in accordance with the policies of the state
25soil conservation committee, which shall advise the division
26and which shall approve administrative rules proposed by
27the division for the administration of this chapter and
28chapters 161C, 161E, 161F, 207, and 208 before the rules are
29adopted pursuant to section 17A.5. If a difference exists
30between the committee and secretary regarding the content of
31a proposed rule, the secretary shall notify the chairperson
32of the committee of the difference within thirty days from
33the committee’s action on the rule. The secretary and the
34committee shall meet to resolve the difference within thirty
35days after the secretary provides the committee with notice of
-1-1the difference.
2 Sec. 5. Section 161A.4, subsection 4, unnumbered paragraph
31, Code 2017, is amended to read as follows:
4A state soil conservation and water quality committee is
5established within the department.
6 Sec. 6. Section 161A.4, subsection 6, paragraph c, Code
72017, is amended to read as follows:
8c. The committee shall recommend three persons to the
9secretary of agriculture who shall appoint from the persons
10recommended a director to head the division and serve at
11the pleasure of the secretary. After reviewing the names
12submitted, the secretary may request that the soil conservation
13 committee submit additional names for consideration.
14 Sec. 7. Section 161A.5, subsections 1 and 2, Code 2017, are
15amended to read as follows:
161. The one hundred soil and water conservation districts
17established in the manner which was prescribed by law prior to
18July 1, 1975 shall continue in existence with the boundaries
19and the names in effect on July 1, 1975. If the existence of
20a district so established is discontinued pursuant to section
21161A.10, a petition for reestablishment of the district or for
22annexation of the former district’s territory to any other
23abutting district may be submitted to, and shall be acted upon
24by, the state soil conservation committee in substantially the
25manner provided by section 467A.5, Code 1975.
262. The governing body of each district shall consist of
27five commissioners elected on a nonpartisan basis for staggered
28four-year terms commencing on the first day of January that is
29not a Sunday or holiday following their election. Any eligible
30elector residing in the district is eligible to the office of
31commissioner, except that no more than one commissioner shall
32at any one time be a resident of any one township. A vacancy
33is created in the office of any commissioner who changes
34residence into a township where another commissioner then
35resides. If a commissioner is absent for sixty or more percent
-2-1of monthly meetings during any twelve-month period, the other
2commissioners by their unanimous vote may declare the member’s
3office vacant. A vacancy in the office of commissioner
4shall be filled by appointment of the state soil conservation
5 committee until the next succeeding general election, at which
6time the balance of the unexpired term shall be filled as
7provided by section 69.12.
8 Sec. 8. Section 161A.7, subsection 1, paragraph k, Code
92017, is amended to read as follows:
10k. Subject to the approval of the state soil conservation
11 committee, to change the name of the soil and water
12conservation district.
13 Sec. 9. Section 161A.7, subsection 3, Code 2017, is amended
14to read as follows:
153. The commissioners, as a condition for the receipt of
16any state cost-sharing funds for permanent soil conservation
17practices, shall require the owner of the land on which the
18practices are to be established to covenant and file, in the
19office of the soil and water conservation district of the
20county in which the land is located, an agreement identifying
21the particular lands upon which the practices for which state
22cost-sharing funds are to be received will be established,
23and providing that the project will not be removed, altered,
24or modified so as to lessen its effectiveness without the
25consent of the commissioners, obtained in advance and based on
26guidelines drawn up by the state soil conservation committee,
27for a period not to exceed twenty years after the date of
28receiving payment. The commissioners shall assist the division
29in the enforcement of this subsection. The agreement does not
30create a lien on the land, but is a charge personally against
31the owner of the land at the time of removal, alteration, or
32modification if an administrative order is made under section
33161A.61, subsection 3.
34 Sec. 10. Section 161A.22, Code 2017, is amended to read as
35follows:
-3- 1161A.22 General powers applicable — warrants or bonds.
21. A subdistrict organized under this chapter has all of the
3powers of a soil and water conservation district in addition to
4other powers granted to the subdistrict in other sections of
5this chapter.
62. The governing body of the subdistrict, upon
7determination that benefits from works of improvement as set
8forth in the watershed work plan to be installed will exceed
9costs thereof, and that funds needed for purposes of the
10subdistrict require levy of a special benefit assessment as
11provided in section 161A.23, in lieu of the special annual
12tax as provided in section 161A.20, shall record its decision
13to use its taxing authority and, upon majority vote of
14the governing body and with the approval of the state soil
15conservation committee, may issue warrants or bonds payable
16in not more than forty semiannual installments in connection
17with the special benefit assessment, and pledge and assign the
18proceeds of the special benefit assessment and other revenues
19of the subdistrict as security for the warrants or bonds. The
20warrants and bonds of indebtedness are general obligations
21of the subdistrict, exempt from all taxes, state and local,
22and are not indebtedness of the soil and water conservation
23 district or the state of Iowa.
24 Sec. 11. Section 161A.44, unnumbered paragraph 1, Code
252017, is amended to read as follows:
26The commissioners of each soil and water conservation
27 district shall, with approval of and within time limits set by
28administrative order of the state soil conservation committee,
29adopt reasonable regulations as are deemed necessary to
30establish a soil loss limit or limits for the district and
31provide for the implementation of the limit or limits, and. A
32district may subsequently amend or repeal their its regulations
33as they deem it deems necessary. The committee shall review
34the soil loss limit regulations adopted by the soil and water
35conservation districts at least once every five years, and
-4-1shall recommend changes in the regulations of a soil and water
2conservation district which the committee deems necessary to
3assure that the district’s soil loss limits are reasonable and
4attainable. The commissioners may:
5 Sec. 12. Section 161A.44, subsection 2, Code 2017, is
6amended to read as follows:
72. Establish different soil loss limits for different
8classes of land in the district if in their judgment and that
9of the state soil conservation committee a lower soil loss
10limit should be applied to some land than can reasonably be
11applied to other land in the district, it being the intent of
12the general assembly that no land in the state be assigned a
13soil loss limit that cannot reasonably be applied to such land.
14 Sec. 13. Section 161A.44, subsection 3, paragraph c,
15subparagraph (3), Code 2017, is amended to read as follows:
16(3) That any owner or operator of agricultural land refrain
17from fall plowing of land on which the owner or operator
18intends to raise a crop during the next succeeding growing
19season, however on those lands which are prone to excessive
20wind erosion the commissioners may require that reasonable
21temporary measures be taken to minimize the likelihood of wind
22erosion so long as such measures do not unduly increase the
23cost of operation of the farm on which the land is located.
24However, fall plowing of soil which is commonly known as gumbo
25shall always be permitted.
26 Sec. 14. Section 161A.71, subsection 4, Code 2017, is
27amended to read as follows:
284. This section does not negate the provisions of
29section 161A.48 that an owner or occupant of land in this
30state shall not be required to establish any new soil and
31water conservation practice unless public cost-sharing
32funds have been approved and are available for the land
33affected. However, the owner of land with respect to which an
34administrative order to establish soil and water conservation
35practices has been issued under section 161A.47 but not
-5-1complied with for lack of public cost-sharing funds, may waive
2the right to await availability of such funds and instead apply
3for a loan under this section to establish any permanent soil
4and water conservation practices necessary to comply with the
5order. If a landowner does so, that loan application shall
6be given reasonable preference by the state soil conservation
7 committee if there are applications for more loans under
8this section than can be made from the money available in
9the conservation practices revolving loan fund. If it is
10found necessary to deny an application for a soil and water
11conservation practices loan to a landowner who has waived the
12right to availability of public cost-sharing funds before
13complying with an administrative order issued under section
14161A.47, the landowner’s waiver is void.
15 Sec. 15. Section 161A.73, subsection 1, paragraphs a and b,
16Code 2017, are amended to read as follows:
17a. The allocation of cost-share moneys as financial
18incentives provided for the purpose of establishing permanent
19soil and water conservation practices, including but
20not limited to terraces, diversions, grade stabilization
21structures, grassed waterways, and critical area planting. The
22 Except for edge-of-field practices, financial incentives shall
23not exceed fifty percent of the estimated cost of establishing
24the practices, or fifty percent of the actual cost, whichever
25is less.
26b. The allocation of moneys as financial incentives provided
27for the purpose of establishing management practices to control
28soil erosion on land that is row cropped, including but not
29limited to cover crops, no-till planting, ridge-till planting,
30contouring, and contour strip-cropping. The division shall by
31rule establish limits on the amount of incentives which shall
32be authorized for payment to landowners upon establishment of
33the practice.
34 Sec. 16. Section 161C.1, subsection 1, Code 2017, is amended
35to read as follows:
-6- 11. “Committee” or “state soil conservation committee”
2 means the state soil conservation and water quality committee
3established by in section 161A.4.
4 Sec. 17. Section 161C.4, subsection 1, Code 2017, is amended
5to read as follows:
61. A water protection fund is created within the division.
7The fund is composed of money appropriated by the general
8assembly for that purpose, and moneys available to and obtained
9or accepted by the state soil conservation committee from the
10United States or private sources for placement in the fund.
11The fund shall be a revolving fund from which moneys may be
12used for loans, grants, administrative costs, and cost-sharing.
13 Sec. 18. Section 163.30, subsection 3, paragraphs a and c,
14Code 2017, are amended to read as follows:
15a. The fee for a dealer’s license is five ten dollars each
16year. A dealer’s license expires on the first day of the
17second July following the date of issue. A An initial license
18shall be numbered and the dealer any subsequent or renewed
19license issued to that dealer shall retain the same license
20 number from year to year.
21c. Each employee or agent doing business by buying for
22resale, selling, or exchanging feeder swine in the name of
23a licensed dealer shall be required to secure must obtain a
24permit issued by the department showing the person is employed
25by or represents a licensed dealer. All such permits A permit
26 shall be issued upon the department’s approval of a completed
27application. An application forms form shall be furnished by
28the department at a cost of three. The fee for a permit is six
29 dollars per annum, and. A permit shall expire on the first day
30of the second July following the date of issue.
31 Sec. 19. Section 163.30, subsection 5, paragraph b, Code
322017, is amended to read as follows:
33b. Registered swine for exhibition or breeding purposes
34which can be individually identified by an ear notch or tattoo
35or other a method approved by the department are excepted from
-7-1the identification requirement.
2 Sec. 20. Section 163.41, Code 2017, is amended to read as
3follows:
4163.41 License required.
51. A person shall not engage in the business of leasing a
6breeding bull without having obtained a license from issued
7by the department and registering each breeding bull with the
8department as provided in this subchapter section 163.42. An
9annual The license may be obtained from the department upon
10completing an application and payment of a ten-dollar for
11approval by the department. The license fee is twenty dollars.
12Each The license shall expire on the first day of the second
13 July following the date of issue.
142. An application for a license shall be made on a form
15provided by the department and shall contain the name of the
16person engaged in the business of leasing breeding bulls as
17lessor, the address of such business, the registration number
18of each breeding bull, and a description as to breed, color and
19other distinguishing marks, leased as lessor, and such other
20information as the secretary of agriculture may specify by rule
21promulgated adopted pursuant to chapter 17A.
223. For the purposes of this section, a person is engaged
23in the business of leasing a breeding bull within this state
24as lessor if the person leases any breeding bull to an Iowa
25resident more than once in any calendar year for a fee.
26 Sec. 21. Section 164.1, Code 2017, is amended by adding the
27following new subsection:
28 NEW SUBSECTION. 5A. “Department” means the department of
29agriculture and land stewardship.
30 Sec. 22. Section 164.3, Code 2017, is amended to read as
31follows:
32164.3 Female designated animals vaccinated.
33Native female bovine animals of any breed between the
34ages of four months and ten twelve months may be officially
35vaccinated for brucellosis according to procedures approved by
-8-1the United States department of agriculture. Native female
2designated animals other than bovine animals may be vaccinated
3as provided by rules adopted by the department. The expense of
4the vaccination shall be borne in the same manner as provided
5in section 164.6.
6 Sec. 23. Section 166.1, Code 2017, is amended by adding the
7following new subsections:
8 NEW SUBSECTION. 2A. “Department” means the department of
9agriculture and land stewardship.
10 NEW SUBSECTION. 5. “Secretary” means the secretary of
11agriculture.
12 Sec. 24. Section 166.42, subsection 2, Code 2017, is amended
13to read as follows:
142. The secretary is authorized to sell or otherwise dispose
15of classical-swine-fever vaccine and or serum at such time as
16the state is declared a classical-swine-fever-free state by
17the United States department of agriculture, or if the potency
18of such vaccine and or serum is in doubt. Money received
19under provisions of this section shall be paid into the state
20treasury.
21 Sec. 25. Section 166A.1, Code 2017, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 6A. “Department” means the department of
24agriculture and land stewardship.
25 Sec. 26. Section 166A.2, Code 2017, is amended to read as
26follows:
27166A.2 Sheep dealer’s license.
281. Any person engaged A person shall not act as a dealer
29shall be required to obtain unless the person obtains a license
30from issued by the department. The fee for such license shall
31be five fee is ten dollars per year and all licenses shall
32expire. A license expires on the first day of the second July
33following date of issue. Licenses An initial license shall
34be numbered and the dealer any subsequent or renewed license
35issued to the dealer shall retain the same number from year to
-9-1year. An application for a license must be prepared on a form
2furnished by the department.
3Applications for licenses shall be made upon blanks
4furnished by the department.
52. For good and sufficient grounds the department may refuse
6to grant a license to any applicant, and it may also revoke a
7license to any applicant obtained by a dealer for a violation
8of any provision of this chapter, or for the refusal or failure
9of any licensee a dealer to obey the lawful directions of the
10department.
113. Any person who is licensed as a sheep dealer under
12chapter 172A shall be exempt from this section.
13 Sec. 27. Section 168.3, Code 2017, is amended to read as
14follows:
15168.3 Term and License fee and expiration.
16The fee for obtaining a license fee issued under section
17168.2 shall be ten twenty dollars per annum, and each such
18 license shall expire on the second July 1 after the date of
19issue.
20 Sec. 28. Section 172A.1, Code 2017, is amended by adding the
21following new subsections:
22 NEW SUBSECTION. 3A. “Department” means the department of
23agriculture and land stewardship.
24 NEW SUBSECTION. 5. “Secretary” means the secretary of
25agriculture.
26 Sec. 29. Section 172A.2, Code 2017, is amended to read as
27follows:
28172A.2 License required.
291. No A person shall not act as a dealer or broker
30without first being licensed obtaining a license issued by
31the secretary. No A person shall not act for any dealer or
32broker as an agent unless such dealer or broker is licensed,
33has designated such agent to act in the dealer’s or broker’s
34behalf, and has notified the secretary of the designation in
35the dealer’s or broker’s application for license or has given
-10-1official notice in writing of the appointment of the agent
2and the secretary has issued to the agent an agent’s license.
3A dealer or broker shall be accountable and responsible
4for contracts made by an agent in the course of the agent’s
5employment. The license of an agent whose employment by the
6dealer or broker is terminated shall be void on the date
7written notice of termination is received by the secretary.
82. The license of a dealer, broker, or agent, unless
9revoked, shall expire on the last day of the second June
10following the date of issue. The annual fee for the obtaining
11a license of as a dealer or broker is fifty one hundred
12 dollars. The annual fee for an agent’s obtaining a license as
13an agent is ten twenty dollars.
143. No A person may shall not be issued a license if that
15person previously has had a license revoked, or previously was
16issued a license and the secretary suspended that license,
17unless the order of suspension or revocation is thereafter
18terminated by the secretary.
19 Sec. 30. Section 189A.18, Code 2017, is amended to read as
20follows:
21189A.18 Humane slaughter practices.
22Every establishment subject to the provisions of this
23chapter engaged in the slaughter of bovine, porcine, caprine,
24 or ovine animals or farm deer shall slaughter all such animals
25in an approved humane slaughtering method. For purposes of
26this section, an approved humane slaughtering method shall
27include and be limited to slaughter by shooting, electrical
28shock, captive bolt, or use of carbon dioxide gas prior to the
29animal being shackle hoisted, thrown, cast, or cut; however,
30the slaughtering, handling, or other preparation of livestock
31in accordance with the ritual requirements of the Jewish or
32any other faith that prescribes and requires a method whereby
33slaughter becomes effected by severance of the carotid arteries
34with a sharp instrument is hereby designated and approved as a
35humane method of slaughter under the law.
-11-1 Sec. 31. Section 196.3, Code 2017, is amended to read as
2follows:
3196.3 Egg handler’s license and — fee and expiration.
41. Every egg handler shall obtain an annual a license from
5 issued by the department. The license fee for the license
6 shall be determined on the basis of the total number of eggs
7purchased or handled during the preceding month of April in
8each calendar year as follows:
9a. Less than one hundred twenty-five
10 cases $20.20
11 $40.40
12b. One hundred twenty-five cases or
13 more but less than two hundred fifty
14 cases $47.25
15 $94.50
16c. Two hundred fifty cases or more but
17 less than one thousand cases $67.50
18 $135.00
19d. One thousand cases or more but less
20 than five thousand cases $135.00
21 $270.00
22e. Five thousand cases or more but less
23 than ten thousand cases $236.25
24 $472.50
25f. Ten thousand cases or more $337.50
26 $675.00
272. The license shall expire one year two years after its the
28license’s date of issue.
293. For the purpose of determining fees the license fee, a
30case shall be thirty dozen eggs.
314. All license fees collected under this section shall be
32remitted to the treasurer of state for deposit in the general
33fund of the state.
343. 5. If an egg handler is not operating during the month
35of April preceding the date that the license is to be issued,
-12-1the department shall estimate the volume of eggs purchased or
2handled, or both, and may revise the license fee based on three
3months of operation.
4 Sec. 32. Section 197.1, Code 2017, is amended to read as
5follows:
6197.1 License.
71. Every person, partnership, or corporation engaged in
8the business of buying poultry or domestic fowls fowl for the
9market from the a producer, shall obtain a poultry dealer’s
10 license from the department for each establishment at which
11business is conducted.
122. The word “producer” as used in this chapter shall include
13anyone not a licensed dealer who has acquired such poultry or
14domestic fowls other than through a licensed dealer.
15 Sec. 33. NEW SECTION. 197.1A Definitions.
161. “Department” means the department of agriculture and land
17stewardship.
182. “Producer” means a person, not a licensed dealer under
19section 197.1, who acquires poultry or domestic fowl other than
20through a licensed dealer.
21 Sec. 34. Section 197.2, Code 2017, is amended to read as
22follows:
23197.2 Fee License — fee and expiration.
24The license fee shall be three six dollars per annum, and
25each. A license shall expire on the first day of the second
26 March 1 after following the date of issue.
27 Sec. 35. Section 198.2, Code 2017, is amended to read as
28follows:
29198.2 Enforcing official.
30This chapter shall be administered by the secretary of
31agriculture.
32 Sec. 36. Section 198.3, Code 2017, is amended by adding the
33following new subsections:
34 NEW SUBSECTION. 6A. “Department” means the department of
35agriculture and land stewardship.
-13-1 NEW SUBSECTION. 19A. “Secretary” means the secretary of
2agriculture.
3 Sec. 37. Section 198.4, subsections 2 and 4, Code 2017, are
4amended to read as follows:
52. A person shall obtain a license issued by the secretary,
6for each facility which distributes in or into the state,
7authorizing the person to manufacture or distribute commercial
8feed before the person engages in such activity. Any person
9who makes only retail sales of commercial feed which bears
10labeling or other approved indication that the commercial feed
11is from a licensed manufacturer, guarantor, or distributor who
12has assumed full responsibility for the tonnage inspection fee
13due under section 198.9 is not required to obtain a license.
144. A person obtaining a license under this section shall
15pay to the secretary a license fee of ten twenty dollars. Fees
16relating to the issuance of licenses The fee shall be paid by
17July 1 of each year and the license shall expire two years
18after that date.
19 Sec. 38. Section 199.1, subsection 16, paragraph a, Code
202017, is amended by adding the following new subparagraph:
21 NEW SUBPARAGRAPH. (9) Palmer amaranth — Amaranthus
22palmeri.
23 Sec. 39. Section 200.3, Code 2017, is amended by adding the
24following new subsections:
25 NEW SUBSECTION. 6A. “Department” means the department of
26agriculture and land stewardship.
27 NEW SUBSECTION. 23A. “Secretary” means the secretary of
28agriculture.
29 Sec. 40. Section 200.4, Code 2017, is amended to read as
30follows:
31200.4 Licenses License — fee and expiration.
321. Any person who manufactures, mixes, blends, mixes to
33customer’s order, offers for sale, sells, or distributes any
34fertilizer or soil conditioner in Iowa this state must first
35obtain a license from issued by the secretary of agriculture
-14-1 and shall pay a ten-dollar twenty dollar license fee for each
2place of manufacture or distribution from which fertilizer or
3soil conditioner products are sold or distributed in Iowa this
4state. Such The license fee shall be paid annually expire on
5the first day of the second July 1 of each year following the
6date of issue.
72. Said The licensee shall at all times produce an intimate
8and uniform mixture of fertilizers or soil conditioners. When
9two or more fertilizer materials are delivered in the same
10load, they shall be thoroughly and uniformly mixed unless they
11are in separate compartments.
12 Sec. 41. Section 200.5, Code 2017, is amended by adding the
13following new subsection:
14 NEW SUBSECTION. 8A. The secretary shall establish minimum
15requirements for the registration of fertilizers and soil
16conditioners by efficacy testing or the substantiation of data
17relevant to Iowa crops and soils.
18 Sec. 42. Section 200A.13, Code 2017, is amended by adding
19the following new subsection:
20 NEW SUBSECTION. 3. The department may assess a civil
21penalty for a violation of this chapter which shall not exceed
22five hundred dollars. Each day that a violation continues
23shall constitute a separate violation. Moneys collected in
24civil penalties shall be deposited in the general fund of the
25state.
26 Sec. 43. Section 206.2, Code 2017, is amended by adding the
27following new subsection:
28 NEW SUBSECTION. 26A. “Secretary” means the secretary of
29agriculture.
30 Sec. 44. Section 206.8, subsection 2, Code 2017, is amended
31to read as follows:
322. The annual license fee for a pesticide dealer is due
33and payable by June 30 of each year to the department. The
34annual license fee is based on the gross retail sales of all
35pesticides sold for use in this state by the dealer in the
-15-1previous year. The license fee shall be set as follows:
2a. (1) A pesticide dealer with less than one hundred
3thousand dollars in gross retail pesticide sales shall have the
4option to pay a license fee based on one-tenth of one percent
5of the gross retail pesticide sales in the previous year or to
6 pay a license fee according to the following schedule:
7(a) Ten dollars, if the annual gross retail pesticide sales
8are less than ten thousand dollars.
9(b) Twenty-five dollars, if the annual gross retail
10pesticide sales are ten thousand dollars or more but less than
11twenty-five thousand dollars.
12(b) (c) Fifty dollars, if the annual gross retail pesticide
13sales are twenty-five thousand dollars or more but less than
14fifty thousand dollars.
15(c) (d) Seventy-five dollars, if the annual gross retail
16pesticide sales are fifty thousand dollars or more but less
17than seventy-five thousand dollars.
18(d) (e) One hundred dollars, if the annual gross retail
19pesticide sales are seventy-five thousand dollars or more but
20less than one hundred thousand dollars.
21(2) The secretary shall provide for a three-month grace
22period for licensure and shall impose a late fee of ten dollars
23upon the licensure of a dealer applying for licensure during
24the month of October, a late fee of fifteen dollars upon
25the licensure of a dealer applying for licensure during the
26month of November, a late fee of twenty-five dollars upon the
27licensure of a dealer applying for licensure during the month
28of December, and a late fee of twenty-five dollars upon the
29licensure of a dealer applying for licensure for each month
30after the month of December.
31b. (1) A pesticide dealer with one hundred thousand dollars
32or more in gross retail pesticide sales shall pay a license fee
33based on one-tenth of one percent of the gross retail pesticide
34sales in the previous year.
35(2) The secretary shall provide for a three-month grace
-16-1period for licensure and shall impose a late fee of two percent
2of the license fee upon the licensure of a dealer applying
3for licensure during the month of October, a late fee of four
4percent of the license fee upon the licensure of a dealer
5applying for licensure during the month of November, a late
6fee of five percent of the license fee upon the licensure of
7a dealer applying for licensure during the month of December,
8and a late fee of five percent upon the licensure of a dealer
9applying for licensure for each month after the month of
10December of the license fee calculated in subparagraph (1).
11 Sec. 45. Section 207.2, subsection 2, Code 2017, is amended
12to read as follows:
132. “Committee” means the state soil conservation and water
14quality committee established in section 161A.4.
15 Sec. 46. Section 208.2, subsection 3, Code 2017, is amended
16to read as follows:
173. “Committee” means the state soil conservation and water
18quality committee established in section 161A.4.
19 Sec. 47. Section 208.7, Code 2017, is amended to read as
20follows:
21208.7 Mining license — fees and expirations.
22An operator shall not engage in mining as defined by section
23208.2 without first obtaining a license from the division.
24Licenses A license shall be issued and renewed upon approval
25by the division following the submission of a completed
26 application by the operator. Applications An application shall
27be submitted on a form provided by the division and shall be
28accompanied by a license fee of fifty dollars. Each applicant
29shall be required to furnish on the form information necessary
30to identify the applicant. Licenses The initial license shall
31expire on December 31 of each the year and of issue. An initial
32license shall be renewed by the division as required by the
33division. The renewed license shall expire the last day of
34the second December following the date of issue. The division
35shall renew a license upon approving an application submitted
-17-1within thirty days prior to the expiration date and. The
2application for a renewed license must be accompanied by a fee
3of ten twenty dollars. However, a political subdivision shall
4not be required to pay a license application or renewal fee.
5 Sec. 48. NEW SECTION. 212.1A Definitions.
6As used in this chapter, unless the context otherwise
7requires, “department” means the department of agriculture and
8land stewardship.
9 Sec. 49. Section 212.2, Code 2017, is amended to read as
10follows:
11212.2 Delivery tickets required.
12No A person shall not deliver any bulk commodities, other
13than liquids, by vehicle unless otherwise provided for, without
14each such delivery being accompanied by two duplicate delivery
15tickets, on each of which. Each delivery ticket shall be
16written in ink or other indelible substance and include all of
17 the following:
181. Theactual weight distinctly expressed in pounds or
19kilograms of the gross weight of the load, the.
202. Thetare of the delivery vehicle, and the net amount
21in weight of the commodity or, if the commodity is weighed by
22hopper scale or belt conveyor, the net weight of the commodity
23expressed in pounds or kilograms without expression of the tare
24of the delivery vehicle or the gross weight of the load.
253. The delivery ticket shall display the names of the
26purchaser and the dealer from whom the commodity was purchased.
274. The date delivered and the type of commodity being
28delivered.
29 Sec. 50. Section 212.3, Code 2017, is amended to read as
30follows:
31212.3 Disposition of delivery tickets.
32One of said duplicate tickets delivery ticket described in
33section 212.3 shall be delivered to the vendee and the other
34one duplicative delivery ticket shall be returned to the vendor
35or retained electronically by the vendor if approval from the
-18-1department has previously been granted. Upon demand of the
2department the person in charge of the load shall surrender one
3of said the duplicate delivery tickets to the person making
4such demand. If said the duplicative delivery ticket is
5retained, an official weight slip shall be delivered by said
6 the department to the vendee or the vendee’s agent.
7 Sec. 51. Section 214A.16, subsection 1, paragraph c, Code
82017, is amended to read as follows:
9c. If the motor fuel pump dispenses ethanol blended gasoline
10classified as higher than standard ethanol blended gasoline
11pursuant to section 214A.2, the decal shall contain the
12following notice: language that the ethanol blended gasoline is
13for use in flexible fuel vehicles.
14FOR FLEXIBLE FUEL VEHICLES ONLY.
15 Sec. 52. Section 215.19, Code 2017, is amended to read as
16follows:
17215.19 Automatic recorders on scales.
18Except for scales used by packers slaughtering fewer than
19one hundred twenty head of livestock per day, all scales
20with a capacity over five hundred pounds, which are used for
21commercial purposes in the this state of Iowa, and installed
22after January 1, 1981, shall be equipped with either a
23type-registering weigh beam, a dial with a mechanical ticket
24printer, an automatic weight recorder, or some similar device
25which shall be used for printing or stamping the weight values
26on scale tickets. A scale equipped with a malfunctioning
27automatic weight recorder may be used for not more than seven
28days if the device is unable to print or stamp the ticket
29so long as a repair to the automatic recorder is immediately
30initiated and the user dates, signs, and accurately handwrites
31the required information on the ticket until the device is
32operational.
33 Sec. 53. Section 266.39, subsection 3, paragraph a,
34subparagraph (7), Code 2017, is amended to read as follows:
35(7) One man and one woman, actively engaged in agricultural
-19-1production, appointed by the state soil conservation and water
2quality committee established in section 161A.4.
3 Sec. 54. Section 308.1, Code 2017, is amended to read as
4follows:
5308.1 Planning commission.
6The Mississippi parkway planning commission shall be
7composed of ten members appointed by the governor, five members
8to be appointed for two-year terms beginning July 1, 1959, and
9five members to be appointed for four-year terms beginning
10July 1, 1959. In addition to the above members there shall be
11seven advisory ex officio members who shall be as follows: One
12member from the state transportation commission, one member
13from the natural resource commission, one member from the state
14soil conservation and water quality committee, one member from
15the state historical society of Iowa, one member from the
16faculty of the landscape architectural division of the Iowa
17state university of science and technology, one member from
18the economic development authority, and one member from the
19environmental protection commission. Members and ex officio
20members shall serve without pay, but the actual and necessary
21expenses of members and ex officio members may be paid if the
22commission so orders and if the commission has funds available
23for that purpose.
24 Sec. 55. Section 460.303, subsection 1, Code 2017, is
25amended to read as follows:
261. An agricultural drainage well water quality assistance
27fund is created in the state treasury under the control of
28the division. The fund is composed of moneys appropriated by
29the general assembly, and moneys available to and obtained or
30accepted by the division or the state soil conservation and
31water quality committee established pursuant to in section
32161A.4, from the United States or private sources for placement
33in the fund.
34 Sec. 56. EFFECTIVE DATE. The sections of this Act amending
35sections 163.30, 163.41, 166A.2, 168.3, and 198.4 take effect
-20-1June 1, 2017.
2 Sec. 57. EFFECTIVE DATE. The section of this Act amending
3section 200.4 takes effect June 1, 2018.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7GENERAL. This bill amends a number of Code provisions
8administered and enforced by the department of agriculture
9and land stewardship (department), relating to forest and
10fruit tree reservations; soil conservation and water quality;
11agricultural animal health; licenses and associated fees; the
12manufacture of fertilizers and soil conditioners; the control
13of noxious weed seeds; the delivery of commodities in bulk; and
14decals affixed to motor fuel pumps notifying the public of high
15percentage ethanol blends in gasoline.
16FOREST AND FRUIT TREE RESERVATIONS. The bill eliminates a
17provision requiring the department to enforce laws regarding
18forest and fruit tree reservations (Code section 159.6). A
19person who currently holds title to a qualifying reservation
20may be exempt from property taxes upon completing an
21application according to criteria established by the natural
22resource commission which must be filed with the county auditor
23where the reservation is located (Code chapter 427C).
24STATE SOIL CONSERVATION AND WATER QUALITY COMMITTEE —
25NAME CHANGE. The bill changes the name of the state soil
26conservation committee to the state soil conservation and water
27quality committee (committee) wherever it appears in the Code.
28The committee cooperates with the department’s division of soil
29conservation and water quality (division) and with local soil
30and water conservation districts (districts) to assist persons
31in establishing and maintaining a number of soil conservation
32and erosion control practices on agricultural land which are
33often financed on a cost-share basis (Code chapter 161A).
34MANAGEMENT PRACTICES — SPECIFIC MEASURES. The bill
35authorizes the division to finance edge-of-field practices at
-21-1a cost-share rate established by the division (Code section
2161A.73). The bill authorizes the division to finance the
3establishment of cover crops as an eligible management practice
4qualifying for state financing (Code section 161A.73). The
5bill eliminates a provision allowing fall plowing of so-called
6gumbo soil as part of is regulations establishing soil loss
7limits (Code section 161A.44).
8AGRICULTURAL ANIMALS — HEALTH. The bill eliminates a
9provision that allows an ear notch or tattoo to be used to
10individually identify registered swine required to be moved
11for exhibition or breeding under a certificate of veterinary
12inspection. The swine would still have to be identified in
13a manner required by the department (Code section 163.30).
14The bill provides that 12 rather than 10 months old is the
15highest age limit that a native female bovine animal may be
16vaccinated for brucellosis (Code section 164.3). The bill also
17eliminates a requirement that in order for the department to
18dispose of classical-swine-fever vaccine or serum, the United
19States department of agriculture must declare the state as free
20of the disease (Code section 166.42). A person violating a
21requirement in Code chapter 164 governing the control of bovine
22brucellosis is guilty of a simple misdemeanor (Code section
23164.31).
24AGRICULTURAL ANIMALS — SLAUGHTER PRACTICES. The bill
25provides that a state meat processing establishment must use
26humane practices when slaughtering caprine species. Currently,
27such practices must be used when slaughtering bovine, porcine,
28or ovine species or animals classified as farm deer (Code
29section 189A.18). Generally, a person who violates a provision
30in Code chapter 189A regulating slaughtering practices is
31guilty of a simple misdemeanor (Code section 189A.17).
32LICENSES AND ASSOCIATED FEES — LICENSE CYCLE AND RATES.
33 The bill provides that a number of licenses issued by the
34department would expire on a two-year rather than one-year
35cycle and the corresponding combined first and second year
-22-1fees would be payable to the department for deposit in the
2state treasury. Currently, all licenses are due annually on
3a fixed date set by statute (expiration-anniversary date) so
4that a person obtaining an initial license on any day (issue
5date) must reobtain a new license or renew an existing license
612 or fewer months later (ensuring that all such licenses are
7reissued or renewed on a single date). The amount of the fee
8is either a fixed rate (flat fee) or a graduated rate which is
9connected to specific circumstances such as the size of the
10licensee’s market (sliding scale fee).
11The bill provides that licenses with an
12expiration-anniversary date which would fall on July 1 of the
13second year, and who would pay a combined flat fee, includes
14a swine dealer or the dealer’s agent (Code section 163.30);
15a lessor of breeding bulls (Code section 163.41); a sheep
16dealer (Code section 166A.2); a custom hatchery or chick
17dealer (Code section 168.3); and a manufacturer or distributor
18of commercial animal feed (Code section 198.4). A licensee
19manufacturing or distributing fertilizer or a soil conditioner
20with an expiration-anniversary date which would fall on July 1
21of the second year would pay a fee based on the number of the
22licensee’s business locations (Code section 200.4). A licensee
23whose expiration-anniversary date would fall on December 31
24of the second year would include a mining operator whose flat
25fee for an initial license would remain the same but who would
26be required to pay a combined flat fee for a two-year renewal
27(Code section 208.7). The expiration-anniversary date of a
28poultry dealer’s licensee would be March 1 of the second year
29(Code section 197.2). Generally, the amount of the combined
30fees for each of these described licenses would equal $20 or
31less. A dealer or broker purchasing livestock for slaughter
32and whose expiration-anniversary date would fall on June 30 of
33the second year would pay a combined flat fee of $100 and the
34agent of a dealer or broker would pay a combined flat fee of
35$20 (Code section 172A.2). In the case of an egg handler, the
-23-1license’s two-year expiration-anniversary date is calculated
2from the issue date. The sliding scale fee remains based on
3the purchase or handling of cases of 30 dozen eggs and the
4combined fee would range from $40.40 to $675 (Code section
5196.3).
6LICENSES AND ASSOCIATED FEES — PESTICIDE DEALERS. The bill
7does not change the December 31 expiration-anniversary date
8for a pesticide dealer’s license or the June 30 date when a
9license fee is due (Code section 206.8). The bill eliminates
10an option that allowed a dealer having less than $100,000 in
11gross retail pesticide sales (sales) in the previous year to
12pay an amount equal to one-tenth of 1 percent of the dealer’s
13sales in the previous year. The dealer would be required to
14calculate the fee according to the existing statutory schedule
15which assigns a specific fee amount to a corresponding tier
16of sales. The bill creates a new scheduled fee of $10 for
17persons having annual gross retail pesticide sales of less
18than $10,000. Currently, the lowest scheduled fee is $25 for
19persons having annual gross retail pesticide sales of less than
20$25,000. The highest scheduled fee is $100 for persons having
21annual gross retail pesticide sales of less than $100,000. A
22dealer having $100,000 or more in gross sales must continue to
23use the one-tenth of 1 percent formula to calculate the amount
24of the license fee.
25The bill retains a three-month grace period granted to both
26types of licensees so long as they pay a late fee. For a dealer
27having less than $100,000 in sales, the bill requires a flat
28fee of $25 instead of the current sliding scale fee equaling
29$10 in October, $15 in November, and $25 after November. For a
30dealer having $100,000 or more in sales, the bill requires a
31flat fee of 5 percent of the license fee instead of the current
32sliding scale fee equaling 2 percent in October, four percent
33in November, and 5 percent after November.
34APPLICATION OF FERTILIZERS, FERTILIZER MATERIALS, OR
35SOIL CONDITIONERS. The bill amends the “Iowa Fertilizer
-24-1Law” (Code chapter 200) which provides for the regulation of
2products referred to as fertilizer, fertilizer material, or
3soil conditioner used to promote plant growth, alter plant
4composition, produce increased crop yields, or correct soil
5acidity (Code section 200.3). A person seeking to sell a
6fertilizer or soil conditioner on a commercial basis must
7register the product with the department and may be required
8to submit satisfactory evidence of its favorable effects and
9safety. The bill requires that minimum requirements are to be
10established by efficacy testing or the substantiation of data
11relevant to Iowa crops and soils (Code section 200.5). The
12bill also amends the “Bulk Dry Animal Nutrient Products Law”
13(Code chapter 200A) regulating the sale of nutrients such as
14manure which are not labeled by authorizing the department
15to assess a $500 civil penalty for a violation of that Code
16chapter (Code section 200A.13). Generally, a person who
17violates a provision in either Code chapter is guilty of a
18simple misdemeanor (Code sections 200.18 and 200A.13).
19NOXIOUS WEED SEEDS. The bill adds the plant seed palmer
20amaranth to the list of primary noxious weed seeds that are
21prohibited from being sold or transported in this state (Code
22sections 199.1 and 199.8). A person violating a provision
23in the Code chapter regulating seed is guilty of a simple
24misdemeanor (Code section 199.13).
25DELIVERY OF COMMODITIES IN BULK — USE DELIVERY TICKETS. The
26bill amends two provisions that require the use of duplicative
27delivery tickets (tickets) by persons delivering bulk
28commodities such as grain but excluding liquids such as motor
29fuel. Currently, one ticket must be delivered to the vendee
30and the other must be returned to the vendor (Code sections
31212.2 and 212.3). The bill requires the ticket include the
32delivery date and type of commodity being delivered and allows
33for the vendor’s ticket to be retained electronically.
34MOTOR FUEL PUMPS — HIGH ETHANOL BLENDED GASOLINE — LABEL
35REQUIREMENT. The bill amends a provision requiring that a
-25-1motor fuel pump dispensing ethanol blended gasoline with an
2ethanol content higher than 15 percent be affixed with a decal
3stating that the motor fuel is only to be used in flexible
4fuel vehicles. The bill provides that the decal must contain
5language specifying that the high ethanol blended gasoline is
6for use in such vehicles (Code section 214A.16). A person
7who violates a provision of the Code chapter regulating motor
8fuel is guilty of a serious misdemeanor or alternatively may
9be subject to a civil penalty of up to $1,000 (Code section
10214A.11).
11The bill provides that a scale equipped with a weight
12recorder used to print or stamp the weight values on scale
13tickets (Code section 215.9) may remain operational for seven
14days after the recorder has malfunctioned as long as a repair
15has been immediately initiated and during that period the user
16dates, signs, and accurately handwrites information on the
17ticket.
18CRIMINAL PENALTIES. A simple misdemeanor is punishable by
19confinement for no more than 30 days or a fine of at least $65
20but not more than $625 or by both. A serious misdemeanor is
21punishable by confinement for no more than one year and a fine
22of at least $315 but not more than $1,875.
23EFFECTIVE DATES. Several provisions of the bill take effect
24June 1, 2017, including provisions regulating the licensing
25of swine dealers (Code sections 163.30 and 163.41), sheep
26dealers (Code section 166A.2), custom hatcheries and chick
27dealers (Code section 168.3) and manufacturers and distributors
28of commercial feed (Code section 198.4). A provision which
29regulates the licensing of persons involved in the manufacture
30of fertilizers and soil conditioners takes effect June 1, 2018
31(Code section 200.4).
-26-da/rj
2stewardship’s administration of certain functions, relating
3to forest and fruit tree reservation requirements, the name
4of the state soil conservation committee, financing of soil
5conservation and water quality practices, the health of
6agricultural animals, issuance of two-year licenses and the
7collection of related fees imposed upon persons engaged in
8the marketing of agricultural animals and mining operations,
9license fees imposed upon pesticide dealers, tickets for
10delivering commodities in bulk, labeling of motor fuel
11pumps dispensing certain ethanol blended gasoline, the
12use of scales, providing for penalties, making penalties
13applicable, and including effective date provisions.
14BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 159.5, subsection 12, Code 2017, is
2amended to read as follows:
312. Create and maintain a division of soil conservation
4and water quality as provided in chapter 161A. The division’s
5director shall be appointed by the secretary from a list of
6names of persons recommended by the soil conservation and water
7quality committee, pursuant to section 161A.4, and shall serve
8at the pleasure of the secretary. The director shall be the
9administrator responsible for carrying out the provisions of
10chapters 207 and 208.
11 Sec. 2. Section 159.6, subsection 1, Code 2017, is amended
12by striking the subsection.
13 Sec. 3. Section 161A.3, subsection 4, Code 2017, is amended
14to read as follows:
154. “Committee” or “state soil conservation committee”
16 means the state soil conservation and water quality committee
17established by in section 161A.4.
18 Sec. 4. Section 161A.4, subsection 1, Code 2017, is amended
19to read as follows:
201. The division of soil conservation and water quality
21created within the department pursuant to section 159.5 shall
22perform the functions conferred upon it in this chapter and
23chapters 161C, 161E, 161F, 207, and 208. The division shall
24be administered in accordance with the policies of the state
25soil conservation committee, which shall advise the division
26and which shall approve administrative rules proposed by
27the division for the administration of this chapter and
28chapters 161C, 161E, 161F, 207, and 208 before the rules are
29adopted pursuant to section 17A.5. If a difference exists
30between the committee and secretary regarding the content of
31a proposed rule, the secretary shall notify the chairperson
32of the committee of the difference within thirty days from
33the committee’s action on the rule. The secretary and the
34committee shall meet to resolve the difference within thirty
35days after the secretary provides the committee with notice of
-1-1the difference.
2 Sec. 5. Section 161A.4, subsection 4, unnumbered paragraph
31, Code 2017, is amended to read as follows:
4A state soil conservation and water quality committee is
5established within the department.
6 Sec. 6. Section 161A.4, subsection 6, paragraph c, Code
72017, is amended to read as follows:
8c. The committee shall recommend three persons to the
9secretary of agriculture who shall appoint from the persons
10recommended a director to head the division and serve at
11the pleasure of the secretary. After reviewing the names
12submitted, the secretary may request that the soil conservation
13 committee submit additional names for consideration.
14 Sec. 7. Section 161A.5, subsections 1 and 2, Code 2017, are
15amended to read as follows:
161. The one hundred soil and water conservation districts
17established in the manner which was prescribed by law prior to
18July 1, 1975 shall continue in existence with the boundaries
19and the names in effect on July 1, 1975. If the existence of
20a district so established is discontinued pursuant to section
21161A.10, a petition for reestablishment of the district or for
22annexation of the former district’s territory to any other
23abutting district may be submitted to, and shall be acted upon
24by, the state soil conservation committee in substantially the
25manner provided by section 467A.5, Code 1975.
262. The governing body of each district shall consist of
27five commissioners elected on a nonpartisan basis for staggered
28four-year terms commencing on the first day of January that is
29not a Sunday or holiday following their election. Any eligible
30elector residing in the district is eligible to the office of
31commissioner, except that no more than one commissioner shall
32at any one time be a resident of any one township. A vacancy
33is created in the office of any commissioner who changes
34residence into a township where another commissioner then
35resides. If a commissioner is absent for sixty or more percent
-2-1of monthly meetings during any twelve-month period, the other
2commissioners by their unanimous vote may declare the member’s
3office vacant. A vacancy in the office of commissioner
4shall be filled by appointment of the state soil conservation
5 committee until the next succeeding general election, at which
6time the balance of the unexpired term shall be filled as
7provided by section 69.12.
8 Sec. 8. Section 161A.7, subsection 1, paragraph k, Code
92017, is amended to read as follows:
10k. Subject to the approval of the state soil conservation
11 committee, to change the name of the soil and water
12conservation district.
13 Sec. 9. Section 161A.7, subsection 3, Code 2017, is amended
14to read as follows:
153. The commissioners, as a condition for the receipt of
16any state cost-sharing funds for permanent soil conservation
17practices, shall require the owner of the land on which the
18practices are to be established to covenant and file, in the
19office of the soil and water conservation district of the
20county in which the land is located, an agreement identifying
21the particular lands upon which the practices for which state
22cost-sharing funds are to be received will be established,
23and providing that the project will not be removed, altered,
24or modified so as to lessen its effectiveness without the
25consent of the commissioners, obtained in advance and based on
26guidelines drawn up by the state soil conservation committee,
27for a period not to exceed twenty years after the date of
28receiving payment. The commissioners shall assist the division
29in the enforcement of this subsection. The agreement does not
30create a lien on the land, but is a charge personally against
31the owner of the land at the time of removal, alteration, or
32modification if an administrative order is made under section
33161A.61, subsection 3.
34 Sec. 10. Section 161A.22, Code 2017, is amended to read as
35follows:
-3- 1161A.22 General powers applicable — warrants or bonds.
21. A subdistrict organized under this chapter has all of the
3powers of a soil and water conservation district in addition to
4other powers granted to the subdistrict in other sections of
5this chapter.
62. The governing body of the subdistrict, upon
7determination that benefits from works of improvement as set
8forth in the watershed work plan to be installed will exceed
9costs thereof, and that funds needed for purposes of the
10subdistrict require levy of a special benefit assessment as
11provided in section 161A.23, in lieu of the special annual
12tax as provided in section 161A.20, shall record its decision
13to use its taxing authority and, upon majority vote of
14the governing body and with the approval of the state soil
15conservation committee, may issue warrants or bonds payable
16in not more than forty semiannual installments in connection
17with the special benefit assessment, and pledge and assign the
18proceeds of the special benefit assessment and other revenues
19of the subdistrict as security for the warrants or bonds. The
20warrants and bonds of indebtedness are general obligations
21of the subdistrict, exempt from all taxes, state and local,
22and are not indebtedness of the soil and water conservation
23 district or the state of Iowa.
24 Sec. 11. Section 161A.44, unnumbered paragraph 1, Code
252017, is amended to read as follows:
26The commissioners of each soil and water conservation
27 district shall, with approval of and within time limits set by
28administrative order of the state soil conservation committee,
29adopt reasonable regulations as are deemed necessary to
30establish a soil loss limit or limits for the district and
31provide for the implementation of the limit or limits, and. A
32district may subsequently amend or repeal their its regulations
33as they deem it deems necessary. The committee shall review
34the soil loss limit regulations adopted by the soil and water
35conservation districts at least once every five years, and
-4-1shall recommend changes in the regulations of a soil and water
2conservation district which the committee deems necessary to
3assure that the district’s soil loss limits are reasonable and
4attainable. The commissioners may:
5 Sec. 12. Section 161A.44, subsection 2, Code 2017, is
6amended to read as follows:
72. Establish different soil loss limits for different
8classes of land in the district if in their judgment and that
9of the state soil conservation committee a lower soil loss
10limit should be applied to some land than can reasonably be
11applied to other land in the district, it being the intent of
12the general assembly that no land in the state be assigned a
13soil loss limit that cannot reasonably be applied to such land.
14 Sec. 13. Section 161A.44, subsection 3, paragraph c,
15subparagraph (3), Code 2017, is amended to read as follows:
16(3) That any owner or operator of agricultural land refrain
17from fall plowing of land on which the owner or operator
18intends to raise a crop during the next succeeding growing
19season, however on those lands which are prone to excessive
20wind erosion the commissioners may require that reasonable
21temporary measures be taken to minimize the likelihood of wind
22erosion so long as such measures do not unduly increase the
23cost of operation of the farm on which the land is located.
24However, fall plowing of soil which is commonly known as gumbo
25shall always be permitted.
26 Sec. 14. Section 161A.71, subsection 4, Code 2017, is
27amended to read as follows:
284. This section does not negate the provisions of
29section 161A.48 that an owner or occupant of land in this
30state shall not be required to establish any new soil and
31water conservation practice unless public cost-sharing
32funds have been approved and are available for the land
33affected. However, the owner of land with respect to which an
34administrative order to establish soil and water conservation
35practices has been issued under section 161A.47 but not
-5-1complied with for lack of public cost-sharing funds, may waive
2the right to await availability of such funds and instead apply
3for a loan under this section to establish any permanent soil
4and water conservation practices necessary to comply with the
5order. If a landowner does so, that loan application shall
6be given reasonable preference by the state soil conservation
7 committee if there are applications for more loans under
8this section than can be made from the money available in
9the conservation practices revolving loan fund. If it is
10found necessary to deny an application for a soil and water
11conservation practices loan to a landowner who has waived the
12right to availability of public cost-sharing funds before
13complying with an administrative order issued under section
14161A.47, the landowner’s waiver is void.
15 Sec. 15. Section 161A.73, subsection 1, paragraphs a and b,
16Code 2017, are amended to read as follows:
17a. The allocation of cost-share moneys as financial
18incentives provided for the purpose of establishing permanent
19soil and water conservation practices, including but
20not limited to terraces, diversions, grade stabilization
21structures, grassed waterways, and critical area planting. The
22 Except for edge-of-field practices, financial incentives shall
23not exceed fifty percent of the estimated cost of establishing
24the practices, or fifty percent of the actual cost, whichever
25is less.
26b. The allocation of moneys as financial incentives provided
27for the purpose of establishing management practices to control
28soil erosion on land that is row cropped, including but not
29limited to cover crops, no-till planting, ridge-till planting,
30contouring, and contour strip-cropping. The division shall by
31rule establish limits on the amount of incentives which shall
32be authorized for payment to landowners upon establishment of
33the practice.
34 Sec. 16. Section 161C.1, subsection 1, Code 2017, is amended
35to read as follows:
-6- 11. “Committee” or “state soil conservation committee”
2 means the state soil conservation and water quality committee
3established by in section 161A.4.
4 Sec. 17. Section 161C.4, subsection 1, Code 2017, is amended
5to read as follows:
61. A water protection fund is created within the division.
7The fund is composed of money appropriated by the general
8assembly for that purpose, and moneys available to and obtained
9or accepted by the state soil conservation committee from the
10United States or private sources for placement in the fund.
11The fund shall be a revolving fund from which moneys may be
12used for loans, grants, administrative costs, and cost-sharing.
13 Sec. 18. Section 163.30, subsection 3, paragraphs a and c,
14Code 2017, are amended to read as follows:
15a. The fee for a dealer’s license is five ten dollars each
16year. A dealer’s license expires on the first day of the
17second July following the date of issue. A An initial license
18shall be numbered and the dealer any subsequent or renewed
19license issued to that dealer shall retain the same license
20 number from year to year.
21c. Each employee or agent doing business by buying for
22resale, selling, or exchanging feeder swine in the name of
23a licensed dealer shall be required to secure must obtain a
24permit issued by the department showing the person is employed
25by or represents a licensed dealer. All such permits A permit
26 shall be issued upon the department’s approval of a completed
27application. An application forms form shall be furnished by
28the department at a cost of three. The fee for a permit is six
29 dollars per annum, and. A permit shall expire on the first day
30of the second July following the date of issue.
31 Sec. 19. Section 163.30, subsection 5, paragraph b, Code
322017, is amended to read as follows:
33b. Registered swine for exhibition or breeding purposes
34which can be individually identified by an ear notch or tattoo
35or other a method approved by the department are excepted from
-7-1the identification requirement.
2 Sec. 20. Section 163.41, Code 2017, is amended to read as
3follows:
4163.41 License required.
51. A person shall not engage in the business of leasing a
6breeding bull without having obtained a license from issued
7by the department and registering each breeding bull with the
8department as provided in this subchapter section 163.42. An
9annual The license may be obtained from the department upon
10completing an application and payment of a ten-dollar for
11approval by the department. The license fee is twenty dollars.
12Each The license shall expire on the first day of the second
13 July following the date of issue.
142. An application for a license shall be made on a form
15provided by the department and shall contain the name of the
16person engaged in the business of leasing breeding bulls as
17lessor, the address of such business, the registration number
18of each breeding bull, and a description as to breed, color and
19other distinguishing marks, leased as lessor, and such other
20information as the secretary of agriculture may specify by rule
21promulgated adopted pursuant to chapter 17A.
223. For the purposes of this section, a person is engaged
23in the business of leasing a breeding bull within this state
24as lessor if the person leases any breeding bull to an Iowa
25resident more than once in any calendar year for a fee.
26 Sec. 21. Section 164.1, Code 2017, is amended by adding the
27following new subsection:
28 NEW SUBSECTION. 5A. “Department” means the department of
29agriculture and land stewardship.
30 Sec. 22. Section 164.3, Code 2017, is amended to read as
31follows:
32164.3 Female designated animals vaccinated.
33Native female bovine animals of any breed between the
34ages of four months and ten twelve months may be officially
35vaccinated for brucellosis according to procedures approved by
-8-1the United States department of agriculture. Native female
2designated animals other than bovine animals may be vaccinated
3as provided by rules adopted by the department. The expense of
4the vaccination shall be borne in the same manner as provided
5in section 164.6.
6 Sec. 23. Section 166.1, Code 2017, is amended by adding the
7following new subsections:
8 NEW SUBSECTION. 2A. “Department” means the department of
9agriculture and land stewardship.
10 NEW SUBSECTION. 5. “Secretary” means the secretary of
11agriculture.
12 Sec. 24. Section 166.42, subsection 2, Code 2017, is amended
13to read as follows:
142. The secretary is authorized to sell or otherwise dispose
15of classical-swine-fever vaccine and or serum at such time as
16the state is declared a classical-swine-fever-free state by
17the United States department of agriculture, or if the potency
18of such vaccine and or serum is in doubt. Money received
19under provisions of this section shall be paid into the state
20treasury.
21 Sec. 25. Section 166A.1, Code 2017, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 6A. “Department” means the department of
24agriculture and land stewardship.
25 Sec. 26. Section 166A.2, Code 2017, is amended to read as
26follows:
27166A.2 Sheep dealer’s license.
281. Any person engaged A person shall not act as a dealer
29shall be required to obtain unless the person obtains a license
30from issued by the department. The fee for such license shall
31be five fee is ten dollars per year and all licenses shall
32expire. A license expires on the first day of the second July
33following date of issue. Licenses An initial license shall
34be numbered and the dealer any subsequent or renewed license
35issued to the dealer shall retain the same number from year to
-9-1year. An application for a license must be prepared on a form
2furnished by the department.
3Applications for licenses shall be made upon blanks
4furnished by the department.
52. For good and sufficient grounds the department may refuse
6to grant a license to any applicant, and it may also revoke a
7license to any applicant obtained by a dealer for a violation
8of any provision of this chapter, or for the refusal or failure
9of any licensee a dealer to obey the lawful directions of the
10department.
113. Any person who is licensed as a sheep dealer under
12chapter 172A shall be exempt from this section.
13 Sec. 27. Section 168.3, Code 2017, is amended to read as
14follows:
15168.3 Term and License fee and expiration.
16The fee for obtaining a license fee issued under section
17168.2 shall be ten twenty dollars per annum, and each such
18 license shall expire on the second July 1 after the date of
19issue.
20 Sec. 28. Section 172A.1, Code 2017, is amended by adding the
21following new subsections:
22 NEW SUBSECTION. 3A. “Department” means the department of
23agriculture and land stewardship.
24 NEW SUBSECTION. 5. “Secretary” means the secretary of
25agriculture.
26 Sec. 29. Section 172A.2, Code 2017, is amended to read as
27follows:
28172A.2 License required.
291. No A person shall not act as a dealer or broker
30without first being licensed obtaining a license issued by
31the secretary. No A person shall not act for any dealer or
32broker as an agent unless such dealer or broker is licensed,
33has designated such agent to act in the dealer’s or broker’s
34behalf, and has notified the secretary of the designation in
35the dealer’s or broker’s application for license or has given
-10-1official notice in writing of the appointment of the agent
2and the secretary has issued to the agent an agent’s license.
3A dealer or broker shall be accountable and responsible
4for contracts made by an agent in the course of the agent’s
5employment. The license of an agent whose employment by the
6dealer or broker is terminated shall be void on the date
7written notice of termination is received by the secretary.
82. The license of a dealer, broker, or agent, unless
9revoked, shall expire on the last day of the second June
10following the date of issue. The annual fee for the obtaining
11a license of as a dealer or broker is fifty one hundred
12 dollars. The annual fee for an agent’s obtaining a license as
13an agent is ten twenty dollars.
143. No A person may shall not be issued a license if that
15person previously has had a license revoked, or previously was
16issued a license and the secretary suspended that license,
17unless the order of suspension or revocation is thereafter
18terminated by the secretary.
19 Sec. 30. Section 189A.18, Code 2017, is amended to read as
20follows:
21189A.18 Humane slaughter practices.
22Every establishment subject to the provisions of this
23chapter engaged in the slaughter of bovine, porcine, caprine,
24 or ovine animals or farm deer shall slaughter all such animals
25in an approved humane slaughtering method. For purposes of
26this section, an approved humane slaughtering method shall
27include and be limited to slaughter by shooting, electrical
28shock, captive bolt, or use of carbon dioxide gas prior to the
29animal being shackle hoisted, thrown, cast, or cut; however,
30the slaughtering, handling, or other preparation of livestock
31in accordance with the ritual requirements of the Jewish or
32any other faith that prescribes and requires a method whereby
33slaughter becomes effected by severance of the carotid arteries
34with a sharp instrument is hereby designated and approved as a
35humane method of slaughter under the law.
-11-1 Sec. 31. Section 196.3, Code 2017, is amended to read as
2follows:
3196.3 Egg handler’s license and — fee and expiration.
41. Every egg handler shall obtain an annual a license from
5 issued by the department. The license fee for the license
6 shall be determined on the basis of the total number of eggs
7purchased or handled during the preceding month of April in
8each calendar year as follows:
9a. Less than one hundred twenty-five
10 cases $20.20
11 $40.40
12b. One hundred twenty-five cases or
13 more but less than two hundred fifty
14 cases $47.25
15 $94.50
16c. Two hundred fifty cases or more but
17 less than one thousand cases $67.50
18 $135.00
19d. One thousand cases or more but less
20 than five thousand cases $135.00
21 $270.00
22e. Five thousand cases or more but less
23 than ten thousand cases $236.25
24 $472.50
25f. Ten thousand cases or more $337.50
26 $675.00
272. The license shall expire one year two years after its the
28license’s date of issue.
293. For the purpose of determining fees the license fee, a
30case shall be thirty dozen eggs.
314. All license fees collected under this section shall be
32remitted to the treasurer of state for deposit in the general
33fund of the state.
343. 5. If an egg handler is not operating during the month
35of April preceding the date that the license is to be issued,
-12-1the department shall estimate the volume of eggs purchased or
2handled, or both, and may revise the license fee based on three
3months of operation.
4 Sec. 32. Section 197.1, Code 2017, is amended to read as
5follows:
6197.1 License.
71. Every person, partnership, or corporation engaged in
8the business of buying poultry or domestic fowls fowl for the
9market from the a producer, shall obtain a poultry dealer’s
10 license from the department for each establishment at which
11business is conducted.
122. The word “producer” as used in this chapter shall include
13anyone not a licensed dealer who has acquired such poultry or
14domestic fowls other than through a licensed dealer.
15 Sec. 33. NEW SECTION. 197.1A Definitions.
161. “Department” means the department of agriculture and land
17stewardship.
182. “Producer” means a person, not a licensed dealer under
19section 197.1, who acquires poultry or domestic fowl other than
20through a licensed dealer.
21 Sec. 34. Section 197.2, Code 2017, is amended to read as
22follows:
23197.2 Fee License — fee and expiration.
24The license fee shall be three six dollars per annum, and
25each. A license shall expire on the first day of the second
26 March 1 after following the date of issue.
27 Sec. 35. Section 198.2, Code 2017, is amended to read as
28follows:
29198.2 Enforcing official.
30This chapter shall be administered by the secretary of
31agriculture.
32 Sec. 36. Section 198.3, Code 2017, is amended by adding the
33following new subsections:
34 NEW SUBSECTION. 6A. “Department” means the department of
35agriculture and land stewardship.
-13-1 NEW SUBSECTION. 19A. “Secretary” means the secretary of
2agriculture.
3 Sec. 37. Section 198.4, subsections 2 and 4, Code 2017, are
4amended to read as follows:
52. A person shall obtain a license issued by the secretary,
6for each facility which distributes in or into the state,
7authorizing the person to manufacture or distribute commercial
8feed before the person engages in such activity. Any person
9who makes only retail sales of commercial feed which bears
10labeling or other approved indication that the commercial feed
11is from a licensed manufacturer, guarantor, or distributor who
12has assumed full responsibility for the tonnage inspection fee
13due under section 198.9 is not required to obtain a license.
144. A person obtaining a license under this section shall
15pay to the secretary a license fee of ten twenty dollars. Fees
16relating to the issuance of licenses The fee shall be paid by
17July 1 of each year and the license shall expire two years
18after that date.
19 Sec. 38. Section 199.1, subsection 16, paragraph a, Code
202017, is amended by adding the following new subparagraph:
21 NEW SUBPARAGRAPH. (9) Palmer amaranth — Amaranthus
22palmeri.
23 Sec. 39. Section 200.3, Code 2017, is amended by adding the
24following new subsections:
25 NEW SUBSECTION. 6A. “Department” means the department of
26agriculture and land stewardship.
27 NEW SUBSECTION. 23A. “Secretary” means the secretary of
28agriculture.
29 Sec. 40. Section 200.4, Code 2017, is amended to read as
30follows:
31200.4 Licenses License — fee and expiration.
321. Any person who manufactures, mixes, blends, mixes to
33customer’s order, offers for sale, sells, or distributes any
34fertilizer or soil conditioner in Iowa this state must first
35obtain a license from issued by the secretary of agriculture
-14-1 and shall pay a ten-dollar twenty dollar license fee for each
2place of manufacture or distribution from which fertilizer or
3soil conditioner products are sold or distributed in Iowa this
4state. Such The license fee shall be paid annually expire on
5the first day of the second July 1 of each year following the
6date of issue.
72. Said The licensee shall at all times produce an intimate
8and uniform mixture of fertilizers or soil conditioners. When
9two or more fertilizer materials are delivered in the same
10load, they shall be thoroughly and uniformly mixed unless they
11are in separate compartments.
12 Sec. 41. Section 200.5, Code 2017, is amended by adding the
13following new subsection:
14 NEW SUBSECTION. 8A. The secretary shall establish minimum
15requirements for the registration of fertilizers and soil
16conditioners by efficacy testing or the substantiation of data
17relevant to Iowa crops and soils.
18 Sec. 42. Section 200A.13, Code 2017, is amended by adding
19the following new subsection:
20 NEW SUBSECTION. 3. The department may assess a civil
21penalty for a violation of this chapter which shall not exceed
22five hundred dollars. Each day that a violation continues
23shall constitute a separate violation. Moneys collected in
24civil penalties shall be deposited in the general fund of the
25state.
26 Sec. 43. Section 206.2, Code 2017, is amended by adding the
27following new subsection:
28 NEW SUBSECTION. 26A. “Secretary” means the secretary of
29agriculture.
30 Sec. 44. Section 206.8, subsection 2, Code 2017, is amended
31to read as follows:
322. The annual license fee for a pesticide dealer is due
33and payable by June 30 of each year to the department. The
34annual license fee is based on the gross retail sales of all
35pesticides sold for use in this state by the dealer in the
-15-1previous year. The license fee shall be set as follows:
2a. (1) A pesticide dealer with less than one hundred
3thousand dollars in gross retail pesticide sales shall have the
4option to pay a license fee based on one-tenth of one percent
5of the gross retail pesticide sales in the previous year or to
6 pay a license fee according to the following schedule:
7(a) Ten dollars, if the annual gross retail pesticide sales
8are less than ten thousand dollars.
9(b) Twenty-five dollars, if the annual gross retail
10pesticide sales are ten thousand dollars or more but less than
11twenty-five thousand dollars.
12(b) (c) Fifty dollars, if the annual gross retail pesticide
13sales are twenty-five thousand dollars or more but less than
14fifty thousand dollars.
15(c) (d) Seventy-five dollars, if the annual gross retail
16pesticide sales are fifty thousand dollars or more but less
17than seventy-five thousand dollars.
18(d) (e) One hundred dollars, if the annual gross retail
19pesticide sales are seventy-five thousand dollars or more but
20less than one hundred thousand dollars.
21(2) The secretary shall provide for a three-month grace
22period for licensure and shall impose a late fee of ten dollars
23upon the licensure of a dealer applying for licensure during
24the month of October, a late fee of fifteen dollars upon
25the licensure of a dealer applying for licensure during the
26month of November, a late fee of twenty-five dollars upon the
27licensure of a dealer applying for licensure during the month
28of December, and a late fee of twenty-five dollars upon the
29licensure of a dealer applying for licensure for each month
30after the month of December.
31b. (1) A pesticide dealer with one hundred thousand dollars
32or more in gross retail pesticide sales shall pay a license fee
33based on one-tenth of one percent of the gross retail pesticide
34sales in the previous year.
35(2) The secretary shall provide for a three-month grace
-16-1period for licensure and shall impose a late fee of two percent
2of the license fee upon the licensure of a dealer applying
3for licensure during the month of October, a late fee of four
4percent of the license fee upon the licensure of a dealer
5applying for licensure during the month of November, a late
6fee of five percent of the license fee upon the licensure of
7a dealer applying for licensure during the month of December,
8and a late fee of five percent upon the licensure of a dealer
9applying for licensure for each month after the month of
10December of the license fee calculated in subparagraph (1).
11 Sec. 45. Section 207.2, subsection 2, Code 2017, is amended
12to read as follows:
132. “Committee” means the state soil conservation and water
14quality committee established in section 161A.4.
15 Sec. 46. Section 208.2, subsection 3, Code 2017, is amended
16to read as follows:
173. “Committee” means the state soil conservation and water
18quality committee established in section 161A.4.
19 Sec. 47. Section 208.7, Code 2017, is amended to read as
20follows:
21208.7 Mining license — fees and expirations.
22An operator shall not engage in mining as defined by section
23208.2 without first obtaining a license from the division.
24Licenses A license shall be issued and renewed upon approval
25by the division following the submission of a completed
26 application by the operator. Applications An application shall
27be submitted on a form provided by the division and shall be
28accompanied by a license fee of fifty dollars. Each applicant
29shall be required to furnish on the form information necessary
30to identify the applicant. Licenses The initial license shall
31expire on December 31 of each the year and of issue. An initial
32license shall be renewed by the division as required by the
33division. The renewed license shall expire the last day of
34the second December following the date of issue. The division
35shall renew a license upon approving an application submitted
-17-1within thirty days prior to the expiration date and. The
2application for a renewed license must be accompanied by a fee
3of ten twenty dollars. However, a political subdivision shall
4not be required to pay a license application or renewal fee.
5 Sec. 48. NEW SECTION. 212.1A Definitions.
6As used in this chapter, unless the context otherwise
7requires, “department” means the department of agriculture and
8land stewardship.
9 Sec. 49. Section 212.2, Code 2017, is amended to read as
10follows:
11212.2 Delivery tickets required.
12No A person shall not deliver any bulk commodities, other
13than liquids, by vehicle unless otherwise provided for, without
14each such delivery being accompanied by two duplicate delivery
15tickets, on each of which. Each delivery ticket shall be
16written in ink or other indelible substance and include all of
17 the following:
181. Theactual weight distinctly expressed in pounds or
19kilograms of the gross weight of the load, the.
202. Thetare of the delivery vehicle, and the net amount
21in weight of the commodity or, if the commodity is weighed by
22hopper scale or belt conveyor, the net weight of the commodity
23expressed in pounds or kilograms without expression of the tare
24of the delivery vehicle or the gross weight of the load.
253. The delivery ticket shall display the names of the
26purchaser and the dealer from whom the commodity was purchased.
274. The date delivered and the type of commodity being
28delivered.
29 Sec. 50. Section 212.3, Code 2017, is amended to read as
30follows:
31212.3 Disposition of delivery tickets.
32One of said duplicate tickets delivery ticket described in
33section 212.3 shall be delivered to the vendee and the other
34one duplicative delivery ticket shall be returned to the vendor
35or retained electronically by the vendor if approval from the
-18-1department has previously been granted. Upon demand of the
2department the person in charge of the load shall surrender one
3of said the duplicate delivery tickets to the person making
4such demand. If said the duplicative delivery ticket is
5retained, an official weight slip shall be delivered by said
6 the department to the vendee or the vendee’s agent.
7 Sec. 51. Section 214A.16, subsection 1, paragraph c, Code
82017, is amended to read as follows:
9c. If the motor fuel pump dispenses ethanol blended gasoline
10classified as higher than standard ethanol blended gasoline
11pursuant to section 214A.2, the decal shall contain the
12following notice: language that the ethanol blended gasoline is
13for use in flexible fuel vehicles.
14FOR FLEXIBLE FUEL VEHICLES ONLY.
15 Sec. 52. Section 215.19, Code 2017, is amended to read as
16follows:
17215.19 Automatic recorders on scales.
18Except for scales used by packers slaughtering fewer than
19one hundred twenty head of livestock per day, all scales
20with a capacity over five hundred pounds, which are used for
21commercial purposes in the this state of Iowa, and installed
22after January 1, 1981, shall be equipped with either a
23type-registering weigh beam, a dial with a mechanical ticket
24printer, an automatic weight recorder, or some similar device
25which shall be used for printing or stamping the weight values
26on scale tickets. A scale equipped with a malfunctioning
27automatic weight recorder may be used for not more than seven
28days if the device is unable to print or stamp the ticket
29so long as a repair to the automatic recorder is immediately
30initiated and the user dates, signs, and accurately handwrites
31the required information on the ticket until the device is
32operational.
33 Sec. 53. Section 266.39, subsection 3, paragraph a,
34subparagraph (7), Code 2017, is amended to read as follows:
35(7) One man and one woman, actively engaged in agricultural
-19-1production, appointed by the state soil conservation and water
2quality committee established in section 161A.4.
3 Sec. 54. Section 308.1, Code 2017, is amended to read as
4follows:
5308.1 Planning commission.
6The Mississippi parkway planning commission shall be
7composed of ten members appointed by the governor, five members
8to be appointed for two-year terms beginning July 1, 1959, and
9five members to be appointed for four-year terms beginning
10July 1, 1959. In addition to the above members there shall be
11seven advisory ex officio members who shall be as follows: One
12member from the state transportation commission, one member
13from the natural resource commission, one member from the state
14soil conservation and water quality committee, one member from
15the state historical society of Iowa, one member from the
16faculty of the landscape architectural division of the Iowa
17state university of science and technology, one member from
18the economic development authority, and one member from the
19environmental protection commission. Members and ex officio
20members shall serve without pay, but the actual and necessary
21expenses of members and ex officio members may be paid if the
22commission so orders and if the commission has funds available
23for that purpose.
24 Sec. 55. Section 460.303, subsection 1, Code 2017, is
25amended to read as follows:
261. An agricultural drainage well water quality assistance
27fund is created in the state treasury under the control of
28the division. The fund is composed of moneys appropriated by
29the general assembly, and moneys available to and obtained or
30accepted by the division or the state soil conservation and
31water quality committee established pursuant to in section
32161A.4, from the United States or private sources for placement
33in the fund.
34 Sec. 56. EFFECTIVE DATE. The sections of this Act amending
35sections 163.30, 163.41, 166A.2, 168.3, and 198.4 take effect
-20-1June 1, 2017.
2 Sec. 57. EFFECTIVE DATE. The section of this Act amending
3section 200.4 takes effect June 1, 2018.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7GENERAL. This bill amends a number of Code provisions
8administered and enforced by the department of agriculture
9and land stewardship (department), relating to forest and
10fruit tree reservations; soil conservation and water quality;
11agricultural animal health; licenses and associated fees; the
12manufacture of fertilizers and soil conditioners; the control
13of noxious weed seeds; the delivery of commodities in bulk; and
14decals affixed to motor fuel pumps notifying the public of high
15percentage ethanol blends in gasoline.
16FOREST AND FRUIT TREE RESERVATIONS. The bill eliminates a
17provision requiring the department to enforce laws regarding
18forest and fruit tree reservations (Code section 159.6). A
19person who currently holds title to a qualifying reservation
20may be exempt from property taxes upon completing an
21application according to criteria established by the natural
22resource commission which must be filed with the county auditor
23where the reservation is located (Code chapter 427C).
24STATE SOIL CONSERVATION AND WATER QUALITY COMMITTEE —
25NAME CHANGE. The bill changes the name of the state soil
26conservation committee to the state soil conservation and water
27quality committee (committee) wherever it appears in the Code.
28The committee cooperates with the department’s division of soil
29conservation and water quality (division) and with local soil
30and water conservation districts (districts) to assist persons
31in establishing and maintaining a number of soil conservation
32and erosion control practices on agricultural land which are
33often financed on a cost-share basis (Code chapter 161A).
34MANAGEMENT PRACTICES — SPECIFIC MEASURES. The bill
35authorizes the division to finance edge-of-field practices at
-21-1a cost-share rate established by the division (Code section
2161A.73). The bill authorizes the division to finance the
3establishment of cover crops as an eligible management practice
4qualifying for state financing (Code section 161A.73). The
5bill eliminates a provision allowing fall plowing of so-called
6gumbo soil as part of is regulations establishing soil loss
7limits (Code section 161A.44).
8AGRICULTURAL ANIMALS — HEALTH. The bill eliminates a
9provision that allows an ear notch or tattoo to be used to
10individually identify registered swine required to be moved
11for exhibition or breeding under a certificate of veterinary
12inspection. The swine would still have to be identified in
13a manner required by the department (Code section 163.30).
14The bill provides that 12 rather than 10 months old is the
15highest age limit that a native female bovine animal may be
16vaccinated for brucellosis (Code section 164.3). The bill also
17eliminates a requirement that in order for the department to
18dispose of classical-swine-fever vaccine or serum, the United
19States department of agriculture must declare the state as free
20of the disease (Code section 166.42). A person violating a
21requirement in Code chapter 164 governing the control of bovine
22brucellosis is guilty of a simple misdemeanor (Code section
23164.31).
24AGRICULTURAL ANIMALS — SLAUGHTER PRACTICES. The bill
25provides that a state meat processing establishment must use
26humane practices when slaughtering caprine species. Currently,
27such practices must be used when slaughtering bovine, porcine,
28or ovine species or animals classified as farm deer (Code
29section 189A.18). Generally, a person who violates a provision
30in Code chapter 189A regulating slaughtering practices is
31guilty of a simple misdemeanor (Code section 189A.17).
32LICENSES AND ASSOCIATED FEES — LICENSE CYCLE AND RATES.
33 The bill provides that a number of licenses issued by the
34department would expire on a two-year rather than one-year
35cycle and the corresponding combined first and second year
-22-1fees would be payable to the department for deposit in the
2state treasury. Currently, all licenses are due annually on
3a fixed date set by statute (expiration-anniversary date) so
4that a person obtaining an initial license on any day (issue
5date) must reobtain a new license or renew an existing license
612 or fewer months later (ensuring that all such licenses are
7reissued or renewed on a single date). The amount of the fee
8is either a fixed rate (flat fee) or a graduated rate which is
9connected to specific circumstances such as the size of the
10licensee’s market (sliding scale fee).
11The bill provides that licenses with an
12expiration-anniversary date which would fall on July 1 of the
13second year, and who would pay a combined flat fee, includes
14a swine dealer or the dealer’s agent (Code section 163.30);
15a lessor of breeding bulls (Code section 163.41); a sheep
16dealer (Code section 166A.2); a custom hatchery or chick
17dealer (Code section 168.3); and a manufacturer or distributor
18of commercial animal feed (Code section 198.4). A licensee
19manufacturing or distributing fertilizer or a soil conditioner
20with an expiration-anniversary date which would fall on July 1
21of the second year would pay a fee based on the number of the
22licensee’s business locations (Code section 200.4). A licensee
23whose expiration-anniversary date would fall on December 31
24of the second year would include a mining operator whose flat
25fee for an initial license would remain the same but who would
26be required to pay a combined flat fee for a two-year renewal
27(Code section 208.7). The expiration-anniversary date of a
28poultry dealer’s licensee would be March 1 of the second year
29(Code section 197.2). Generally, the amount of the combined
30fees for each of these described licenses would equal $20 or
31less. A dealer or broker purchasing livestock for slaughter
32and whose expiration-anniversary date would fall on June 30 of
33the second year would pay a combined flat fee of $100 and the
34agent of a dealer or broker would pay a combined flat fee of
35$20 (Code section 172A.2). In the case of an egg handler, the
-23-1license’s two-year expiration-anniversary date is calculated
2from the issue date. The sliding scale fee remains based on
3the purchase or handling of cases of 30 dozen eggs and the
4combined fee would range from $40.40 to $675 (Code section
5196.3).
6LICENSES AND ASSOCIATED FEES — PESTICIDE DEALERS. The bill
7does not change the December 31 expiration-anniversary date
8for a pesticide dealer’s license or the June 30 date when a
9license fee is due (Code section 206.8). The bill eliminates
10an option that allowed a dealer having less than $100,000 in
11gross retail pesticide sales (sales) in the previous year to
12pay an amount equal to one-tenth of 1 percent of the dealer’s
13sales in the previous year. The dealer would be required to
14calculate the fee according to the existing statutory schedule
15which assigns a specific fee amount to a corresponding tier
16of sales. The bill creates a new scheduled fee of $10 for
17persons having annual gross retail pesticide sales of less
18than $10,000. Currently, the lowest scheduled fee is $25 for
19persons having annual gross retail pesticide sales of less than
20$25,000. The highest scheduled fee is $100 for persons having
21annual gross retail pesticide sales of less than $100,000. A
22dealer having $100,000 or more in gross sales must continue to
23use the one-tenth of 1 percent formula to calculate the amount
24of the license fee.
25The bill retains a three-month grace period granted to both
26types of licensees so long as they pay a late fee. For a dealer
27having less than $100,000 in sales, the bill requires a flat
28fee of $25 instead of the current sliding scale fee equaling
29$10 in October, $15 in November, and $25 after November. For a
30dealer having $100,000 or more in sales, the bill requires a
31flat fee of 5 percent of the license fee instead of the current
32sliding scale fee equaling 2 percent in October, four percent
33in November, and 5 percent after November.
34APPLICATION OF FERTILIZERS, FERTILIZER MATERIALS, OR
35SOIL CONDITIONERS. The bill amends the “Iowa Fertilizer
-24-1Law” (Code chapter 200) which provides for the regulation of
2products referred to as fertilizer, fertilizer material, or
3soil conditioner used to promote plant growth, alter plant
4composition, produce increased crop yields, or correct soil
5acidity (Code section 200.3). A person seeking to sell a
6fertilizer or soil conditioner on a commercial basis must
7register the product with the department and may be required
8to submit satisfactory evidence of its favorable effects and
9safety. The bill requires that minimum requirements are to be
10established by efficacy testing or the substantiation of data
11relevant to Iowa crops and soils (Code section 200.5). The
12bill also amends the “Bulk Dry Animal Nutrient Products Law”
13(Code chapter 200A) regulating the sale of nutrients such as
14manure which are not labeled by authorizing the department
15to assess a $500 civil penalty for a violation of that Code
16chapter (Code section 200A.13). Generally, a person who
17violates a provision in either Code chapter is guilty of a
18simple misdemeanor (Code sections 200.18 and 200A.13).
19NOXIOUS WEED SEEDS. The bill adds the plant seed palmer
20amaranth to the list of primary noxious weed seeds that are
21prohibited from being sold or transported in this state (Code
22sections 199.1 and 199.8). A person violating a provision
23in the Code chapter regulating seed is guilty of a simple
24misdemeanor (Code section 199.13).
25DELIVERY OF COMMODITIES IN BULK — USE DELIVERY TICKETS. The
26bill amends two provisions that require the use of duplicative
27delivery tickets (tickets) by persons delivering bulk
28commodities such as grain but excluding liquids such as motor
29fuel. Currently, one ticket must be delivered to the vendee
30and the other must be returned to the vendor (Code sections
31212.2 and 212.3). The bill requires the ticket include the
32delivery date and type of commodity being delivered and allows
33for the vendor’s ticket to be retained electronically.
34MOTOR FUEL PUMPS — HIGH ETHANOL BLENDED GASOLINE — LABEL
35REQUIREMENT. The bill amends a provision requiring that a
-25-1motor fuel pump dispensing ethanol blended gasoline with an
2ethanol content higher than 15 percent be affixed with a decal
3stating that the motor fuel is only to be used in flexible
4fuel vehicles. The bill provides that the decal must contain
5language specifying that the high ethanol blended gasoline is
6for use in such vehicles (Code section 214A.16). A person
7who violates a provision of the Code chapter regulating motor
8fuel is guilty of a serious misdemeanor or alternatively may
9be subject to a civil penalty of up to $1,000 (Code section
10214A.11).
11The bill provides that a scale equipped with a weight
12recorder used to print or stamp the weight values on scale
13tickets (Code section 215.9) may remain operational for seven
14days after the recorder has malfunctioned as long as a repair
15has been immediately initiated and during that period the user
16dates, signs, and accurately handwrites information on the
17ticket.
18CRIMINAL PENALTIES. A simple misdemeanor is punishable by
19confinement for no more than 30 days or a fine of at least $65
20but not more than $625 or by both. A serious misdemeanor is
21punishable by confinement for no more than one year and a fine
22of at least $315 but not more than $1,875.
23EFFECTIVE DATES. Several provisions of the bill take effect
24June 1, 2017, including provisions regulating the licensing
25of swine dealers (Code sections 163.30 and 163.41), sheep
26dealers (Code section 166A.2), custom hatcheries and chick
27dealers (Code section 168.3) and manufacturers and distributors
28of commercial feed (Code section 198.4). A provision which
29regulates the licensing of persons involved in the manufacture
30of fertilizers and soil conditioners takes effect June 1, 2018
31(Code section 200.4).
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