Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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47 17 governmental or otherwise, or any owner or occupier of lands

47 18 within the district, in the carrying on of erosion=control and

47 19 watershed protection and flood prevention operations within

47 20 the district, subject to such conditions as the commissioners

47 21 may deem necessary to advance the purposes of this chapter.

47 22 5. e. To obtain options upon and to acquire, by purchase,

47 23 exchange, lease, gift, grant, bequest, devise or otherwise,

47 24 any property, real or personal, or rights or interests

47 25 therein; to maintain, administer, and improve any properties

47 26 acquired, to receive income from such properties and to expend

47 27 such income in carrying out the purposes and provisions of

47 28 this chapter; and to sell, lease or otherwise dispose of any

47 29 of its property or interests therein in furtherance of the

47 30 purposes and provisions of this chapter.

47 31 6. f. To make available on such terms as it shall

47 32 prescribe, to landowners or occupiers within the district,

47 33 agricultural and engineering machinery and equipment,

47 34 fertilizer, lime, and such other material or equipment as will

47 35 assist such landowners or occupiers to carry on operations
Senate File 446 - Introduced continued
48 1 upon their lands for the conservation of soil resources and

48 2 for the prevention and control of soil erosion and for the

48 3 prevention of erosion, floodwater, and sediment damages.

48 4 7. g. To construct, improve, and maintain such structures

48 5 as may be necessary or convenient for the performance of any

48 6 of the operations authorized in this chapter. Any approval or

48 7 permits from the council required under other provisions of

48 8 law shall be obtained by the district prior to initiation of

48 9 any construction activity.

48 10 8. h. To develop comprehensive plans for the conservation

48 11 of soil resources and for the control and prevention of soil

48 12 erosion and for the prevention of erosion, floodwater, and

48 13 sediment damages within the district, which plans shall

48 14 specify in such detail as may be possible, the acts,

48 15 procedures, performances, and avoidances which are necessary

48 16 or desirable for the effectuation of such plans, including the

48 17 specification of engineering operations, methods of

48 18 cultivation, the growing of vegetation, cropping programs,

48 19 tillage practices, and changes in use of land; and to publish

48 20 such plans and information and bring them to the attention of

48 21 owners and occupiers of lands within the district.

48 22 9. i. To sue and be sued in the name of the district; to

48 23 have a seal, which seal shall be judicially noticed; to have

48 24 perpetual succession unless terminated as hereinafter

48 25 provided; to make and execute contracts and other instruments,

48 26 necessary or convenient to the exercise of its powers; to

48 27 make, and from time to time amend and repeal, rules not

48 28 inconsistent with this chapter, to carry into effect its

48 29 purposes and powers.

48 30 10. j. To accept donations, gifts, and contributions in

48 31 money, services, materials, or otherwise, from the United

48 32 States or any of its agencies, or from this state or any of

48 33 its agencies, and to use or expend such moneys, services,

48 34 materials, or other contributions in carrying on its

48 35 operations.

Senate File 446 - Introduced continued
49 1 11. As a condition to the extending of any benefits under

49 2 this chapter to, or the performance of work upon, any lands

49 3 not owned or controlled by this state or any of its agencies,

49 4 the commissioners may require contributions in money,

49 5 services, materials, or otherwise to any operations conferring

49 6 such benefits, and may require landowners or occupiers to

49 7 enter into and perform such agreements or covenants as to the

49 8 permanent use of such lands as will tend to prevent or control

49 9 erosion thereon.

49 10 12. No provisions with respect to the acquisition,



49 11 operation, or disposition of property by other public bodies

49 12 shall be applicable to a district organized hereunder unless

49 13 the legislature shall specifically so state.

49 14 13. After the formation of any district under the



49 15 provisions of this chapter, all participation hereunder shall

49 16 be purely voluntary, except as specifically stated herein.

49 17 14. k. Subject to the approval of the state soil

49 18 conservation committee, to change the name of the soil and

49 19 water conservation district.

49 20 15. l. To provide for the restoration of permanent soil

49 21 and water conservation practices which are damaged or

49 22 destroyed because of a disaster emergency as provided in

49 23 section 161A.75.

49 24 16. The commissioners shall, as a condition for the


49 25 receipt of any state cost=sharing funds for permanent soil

49 26 conservation practices, require the owner of the land on which

49 27 the practices are to be established to covenant and file, in

49 28 the office of the soil and water conservation district of the

49 29 county in which the land is located, an agreement identifying

49 30 the particular lands upon which the practices for which state

49 31 cost=sharing funds are to be received will be established, and

49 32 providing that the project will not be removed, altered, or

49 33 modified so as to lessen its effectiveness without the consent

49 34 of the commissioners, obtained in advance and based on

49 35 guidelines drawn up by the state soil conservation committee,
Senate File 446 - Introduced continued
50 1 for a period of twenty years after the date of receiving

50 2 payment. The commissioners shall assist the division in the

50 3 enforcement of this subsection. The agreement does not create

50 4 a lien on the land, but is a charge personally against the

50 5 owner of the land at the time of removal, alteration, or

50 6 modification if an administrative order is made under section

50 7 161A.61, subsection 3.

50 8 17. m. To encourage local school districts to provide

50 9 instruction in the importance of and in some of the basic

50 10 methods of soil conservation, as a part of course work

50 11 relating to conservation of natural resources and

50 12 environmental awareness required in rules adopted by the state

50 13 board of education pursuant to section 256.11, subsections 3

50 14 and 4, and to offer technical assistance to schools in

50 15 developing such instructional programs.

50 16 18. n. To develop a soil and water resource conservation

50 17 plan for the district.

50 18 a. (1) The district plan shall contain a comprehensive

50 19 long=range assessment of soil and surface water resources in

50 20 the district consistent with rules approved by the committee

50 21 under section 161A.4. In developing the plan the district may

50 22 receive technical support from the United States department of

50 23 agriculture natural resources conservation service and the

50 24 county board of supervisors in the county where the district

50 25 is located. The division and the Iowa cooperative extension

50 26 service in agriculture and home economics may provide

50 27 technical support to the district. The support may include,

50 28 but is not limited to, the following: assessing

50 29 (a) Assessing the condition of soil and surface water in

50 30 the district, including an evaluation of the type, amount, and

50 31 quality of soil and water, the threat of soil erosion and

50 32 erosion, floodwater, and sediment damages, and necessary

50 33 preventative and control measures; developing.

50 34 (b) Developing methods to maintain or improve soil and

50 35 water condition; and cooperating.
Senate File 446 - Introduced continued
51 1 (c) Cooperating with other state and federal agencies to

51 2 carry out this support.

51 3 b. (2) The title page of the district plan and a

51 4 notification stating where the plan may be reviewed shall be

51 5 recorded with the recorder in the county in which the district

51 6 is located, and updated as necessary, after the committee

51 7 approves and the administrator of the division signs the

51 8 district plan. The commissioners shall provide notice of the

51 9 recording and may provide a copy of the approved district plan

51 10 to the county board of supervisors in the county where the

51 11 district is located. The district plan shall be filed with

51 12 the division as part of the state soil and water resource

51 13 conservation plan provided in section 161A.4.

51 14 19. o. To enter into agreements pursuant to chapter 161C

51 15 with the owner or occupier of land within the district or

51 16 cooperating districts, or any other private entity or public

51 17 agency, in carrying out water protection practices, including

51 18 district and multidistrict projects to protect this state's

51 19 groundwater and surface water from point and nonpoint sources

51 20 of contamination, including but not limited to agricultural

51 21 drainage wells, sinkholes, sedimentation, and chemical

51 22 pollutants.

51 23 2. As a condition to the extending of any benefits under


51 24 this chapter to, or the performance of work upon, any lands

51 25 not owned or controlled by this state or any of its agencies,

51 26 the commissioners may require contributions in money,

51 27 services, materials, or otherwise to any operations conferring

51 28 such benefits, and may require landowners or occupiers to

51 29 enter into and perform such agreements or covenants as to the

51 30 permanent use of such lands as will tend to prevent or control

51 31 erosion thereon.

51 32 3. The commissioners shall, as a condition for the receipt



51 33 of any state cost=sharing funds for permanent soil

51 34 conservation practices, require the owner of the land on which

51 35 the practices are to be established to covenant and file, in
Senate File 446 - Introduced continued
52 1 the office of the soil and water conservation district of the

52 2 county in which the land is located, an agreement identifying

52 3 the particular lands upon which the practices for which state

52 4 cost=sharing funds are to be received will be established, and

52 5 providing that the project will not be removed, altered, or


52 6 modified so as to lessen its effectiveness without the consent

52 7 of the commissioners, obtained in advance and based on

52 8 guidelines drawn up by the state soil conservation committee,

52 9 for a period of twenty years after the date of receiving

52 10 payment. The commissioners shall assist the division in the

52 11 enforcement of this subsection. The agreement does not create

52 12 a lien on the land, but is a charge personally against the

52 13 owner of the land at the time of removal, alteration, or

52 14 modification if an administrative order is made under section

52 15 161A.61, subsection 3.

52 16 4. No provisions with respect to the acquisition,



52 17 operation, or disposition of property by other public bodies

52 18 shall be applicable to a district organized hereunder unless

52 19 the general assembly shall specifically so state.

52 20 5. After the formation of any district under the



52 21 provisions of this chapter, all participation hereunder shall

52 22 be purely voluntary, except as specifically stated herein.

52 23 Sec. 61. Section 161A.61, subsection 3, Code 2009, is

52 24 amended to read as follows:

52 25 3. The commissioners may also cause an inspection of land

52 26 within the district on which they have reasonable grounds to

52 27 believe that a permanent soil and water conservation practice

52 28 established with public cost=sharing funds is not being

52 29 properly maintained or is being altered in violation of

52 30 section 161A.7, subsection 16 3. If the commissioners find

52 31 that the practices are not being maintained or have been

52 32 altered in violation of section 161A.7, subsection 16 3, the

52 33 commissioners shall issue an administrative order to the

52 34 landowner who made the unauthorized removal, alteration or

52 35 modification to maintain, repair, or reconstruct the permanent


Senate File 446 - Introduced continued
53 1 soil and water conservation practices. The requirement for

53 2 maintenance and repair is for the length of life as defined in

53 3 section 161A.7, subsection 16 3. Public cost=sharing funds

53 4 are not available for the work under this order. If the

53 5 landowner fails to comply with the administrative order, the

53 6 commissioners may petition the district court for an order

53 7 compelling compliance with the order. Upon receiving

53 8 satisfactory proof, the court shall issue an order directing

53 9 compliance with the administrative order and may modify the

53 10 administrative order. The provisions of section 161A.50

53 11 relating to notice, appeals and contempt of court shall apply

53 12 to proceedings under this subsection.

53 13 Sec. 62. Section 161C.4, Code 2009, is amended to read as

53 14 follows:

53 15 161C.4 WATER PROTECTION FUND.

53 16 1. A water protection fund is created within the division.

53 17 The fund is composed of money appropriated by the general

53 18 assembly for that purpose, and moneys available to and

53 19 obtained or accepted by the state soil conservation committee

53 20 from the United States or private sources for placement in the

53 21 fund. The fund shall be a revolving fund from which moneys


53 22 may be used for loans, grants, administrative costs, and

53 23 cost=sharing.

53 24 2. The fund shall be divided into two accounts, the water

53 25 quality protection projects account and the water protection

53 26 practices account. The first account shall be used to carry

53 27 out water quality protection projects to protect the state's

53 28 surface and groundwater from point and nonpoint sources of

53 29 contamination. The second account shall be used to establish

53 30 water protection practices with individual landowners

53 31 including but not limited to woodland establishment and

53 32 protection, establishment of native grasses and forbs,

53 33 sinkhole management, agricultural drainage well management,

53 34 streambank stabilization, grass waterway establishment, stream

53 35 buffer strip establishment, and erosion control structure
Senate File 446 - Introduced continued

54 1 construction. Twenty=five percent of funds appropriated to

54 2 the water protection practices account shall be used for

54 3 woodland establishment and protection, and establishment of

54 4 native grasses and forbs. Soil and water conservation

54 5 district commissioners shall give priority to applications for

54 6 practices that implement their soil and water resource

54 7 conservation plan. The fund shall be a revolving fund from

54 8 which moneys may be used for loans, grants, administrative

54 9 costs, and cost=sharing.

54 10 3. In administering the fund the division may:

54 11 1. a. Contract, sue and be sued, and adopt rules

54 12 necessary to carry out the provisions of this section, but the

54 13 division or committee shall not in any manner directly or

54 14 indirectly pledge the credit of this state.

54 15 2. b. Authorize payment from the water protection fund

54 16 and from fees for costs, commissions, and other reasonable

54 17 expenses.

54 18 Sec. 63. Section 169.8, Code 2009, is amended to read as

54 19 follows:

54 20 169.8 QUALIFICATIONS.

54 21 1. a. Any person desiring a license to practice

54 22 veterinary medicine in this state shall make written

54 23 application to the board on a form approved by the board. The

54 24 application shall show that the applicant is a graduate of an

54 25 accredited or approved college of veterinary medicine or the

54 26 holder of an ECFVG certificate. The application shall also

54 27 show such other information and proof as the board may require

54 28 by rule. The application shall be accompanied by a fee in the

54 29 amount established and published by the board.

54 30 b. If the board determines that the applicant possesses

54 31 the proper qualifications, it shall admit the applicant to the

54 32 next examination, or if the applicant is eligible for license

54 33 without examination under section 169.10, the board may grant

54 34 a license to the applicant.

54 35 c. If an applicant is found not qualified to take the

Senate File 446 - Introduced continued
55 1 examination or for a license without examination, the

55 2 secretary of the board shall immediately notify the applicant

55 3 in writing of such finding and the grounds therefor. An

55 4 applicant found unqualified may request a hearing on the

55 5 question of the applicant's qualification under the procedure

55 6 set forth in section 169.14. Any applicant who is found not

55 7 qualified shall be allowed the return of the application fee.

55 8 d. Based upon an applicant's education, experience, and

55 9 training, the board may grant a limited license to an

55 10 applicant to perform a restricted range of activities within

55 11 the practice of veterinary medicine, as specified by the

55 12 board.

55 13 Every individual licensed under this chapter shall keep the

55 14 license displayed in the place at which an office is

55 15 maintained.

55 16 2. a. The name, location, number of years of practice of

55 17 the person to whom a license is issued, the number of the

55 18 certificate, and the date of registration thereof shall be

55 19 entered in a book kept in the office of the department of

55 20 agriculture and land stewardship, to be known as the "registry

55 21 book", and the same shall be open to public inspection.

55 22 b. When any person licensed to practice under this chapter

55 23 changes residence, the board shall be notified within thirty

55 24 days and such change shall be noted in the registry book.

55 25 3. Every individual licensed under this chapter shall keep


55 26 the license displayed in the place at which an office is

55 27 maintained.

55 28 Sec. 64. Section 169.13, Code 2009, is amended to read as

55 29 follows:

55 30 169.13 DISCIPLINE OF LICENSEES.

55 31 1. The board of veterinary medicine, after due notice and

55 32 hearing, may revoke or suspend a license to practice

55 33 veterinary medicine if it determines that a veterinarian

55 34 licensed to practice veterinary medicine is guilty of any of

55 35 the following acts or offenses:
Senate File 446 - Introduced continued

56 1 1. a. Knowingly making misleading, deceptive, untrue, or

56 2 fraudulent representation in the practice of the profession.

56 3 2. b. Being convicted of a felony in the courts of this

56 4 state or another state, territory, or country. Conviction as

56 5 used in this paragraph includes a conviction of an offense

56 6 which if committed in this state would be deemed a felony

56 7 without regard to its designation elsewhere, or a criminal

56 8 proceeding in which a finding or verdict of guilt is made or

56 9 returned, but the adjudication or guilt is either withheld or

56 10 not entered. A certified copy of the final order or judgment

56 11 of conviction or plea of guilty in this state or in another

56 12 state is conclusive evidence.

56 13 3. c. Violating a statute or law of this state, another

56 14 state, or the United States, without regard to its designation

56 15 as either felony or misdemeanor, which statute or law relates

56 16 to the practice of veterinary medicine.

56 17 4. d. Having the person's license to practice veterinary

56 18 medicine revoked or suspended, or having other disciplinary

56 19 action taken by a licensing authority of another state,

56 20 territory, or country. A certified copy of the record or




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