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



Download 4.06 Mb.
Page40/81
Date conversion04.09.2017
Size4.06 Mb.
1   ...   36   37   38   39   40   41   42   43   ...   81

56 21 order of suspension, revocation, or disciplinary action is

56 22 conclusive or prima facie evidence.

56 23 5. e. Knowingly aiding, assisting, procuring, or advising

56 24 a person to unlawfully practice veterinary medicine.

56 25 6. f. Being adjudged mentally incompetent by a court of

56 26 competent jurisdiction. The adjudication shall automatically

56 27 suspend a license for the duration of the license unless the

56 28 board orders otherwise.

56 29 7. g. Being guilty of a willful or repeated departure

56 30 from, or the failure to conform to, the minimal standard of

56 31 acceptable and prevailing practice of veterinary medicine as

56 32 defined in rules adopted by the board, in which proceeding

56 33 actual injury to an animal need not be established; or the

56 34 committing by a veterinarian of an act contrary to honesty,

56 35 justice, or good morals, whether the act is committed in the

Senate File 446 - Introduced continued
57 1 course of the practice or otherwise, and whether committed

57 2 within or without this state.

57 3 8. h. Inability to practice veterinary medicine with

57 4 reasonable skill and safety by reason of illness, drunkenness,

57 5 excessive use of drugs, narcotics, chemicals, or other type of

57 6 material or as a result of a mental or physical condition.

57 7 The board, upon probable cause, may compel a veterinarian to

57 8 submit to a mental or physical examination by designated

57 9 physicians. Failure of a veterinarian to submit to an

57 10 examination constitutes an admission to the allegations made

57 11 against that veterinarian and the finding of fact and decision

57 12 of the board may be entered without the taking of testimony or

57 13 presentation of evidence. At reasonable intervals, a

57 14 veterinarian shall be afforded an opportunity to demonstrate

57 15 that the veterinarian can resume the competent practice of

57 16 veterinary medicine with reasonable skill and safety to


57 17 animals.

57 18 A person licensed to practice veterinary medicine who makes



57 19 application for the renewal of the person's license as

57 20 required by section 169.12 gives consent to submit to a mental

57 21 or physical examination as provided by this paragraph when

57 22 directed in writing by the board. All objections shall be

57 23 waived as to the admissibility of the examining physician's

57 24 testimony or examination reports on the grounds that they

57 25 constitute privileged communication. The medical testimony or

57 26 examination reports shall not be used against a veterinarian

57 27 in another proceeding and are confidential except for other

57 28 actions filed against a veterinarian to revoke or suspend that

57 29 person's license.

57 30 9. i. Willful or repeated violation of lawful rules

57 31 adopted by the board or violation of a lawful order of the

57 32 board, previously entered by the board in a disciplinary

57 33 hearing.

57 34 2. a. The board, upon probable cause, may compel a


57 35 veterinarian to submit to a mental or physical examination by
Senate File 446 - Introduced continued
58 1 designated physicians. Failure of a veterinarian to submit to

58 2 an examination constitutes an admission to the allegations

58 3 made against that veterinarian and the finding of fact and

58 4 decision of the board may be entered without the taking of

58 5 testimony or presentation of evidence. At reasonable

58 6 intervals, a veterinarian shall be afforded an opportunity to

58 7 demonstrate that the veterinarian can resume the competent

58 8 practice of veterinary medicine with reasonable skill and

58 9 safety to animals.

58 10 b. A person licensed to practice veterinary medicine who



58 11 makes application for the renewal of the person's license as

58 12 required by section 169.12 gives consent to submit to a mental

58 13 or physical examination as provided by this paragraph when

58 14 directed in writing by the board. All objections shall be

58 15 waived as to the admissibility of the examining physician's


58 16 testimony or examination reports on the grounds that they

58 17 constitute privileged communication. The medical testimony or

58 18 examination reports shall not be used against a veterinarian

58 19 in another proceeding and are confidential except for other

58 20 actions filed against a veterinarian to revoke or suspend that

58 21 person's license.

58 22 Sec. 65. Section 172A.4, Code 2009, is amended to read as

58 23 follows:

58 24 172A.4 PROOF OF FINANCIAL RESPONSIBILITY REQUIRED.

58 25 1. No A license shall not be issued by the secretary to a

58 26 dealer or broker until the applicant has furnished proof of

58 27 financial responsibility as provided in this section. The

58 28 proof may be in the following forms:

58 29 1. a. (1) A bond of a surety company authorized to do

58 30 business in the state of Iowa in the form prescribed by and to

58 31 the satisfaction of the secretary, conditioned for the payment

58 32 of a judgment against the applicant furnishing the bond

58 33 because of nonpayment of obligations in connection with the

58 34 purchase of animals.

58 35 a. (a) The amount of bond for an established dealer or
Senate File 446 - Introduced continued
59 1 broker who does not maintain a business location in this state

59 2 shall be not less than the nearest multiple of five thousand

59 3 dollars above twice the average daily value of purchases of

59 4 livestock originating in this state, handled by such applicant

59 5 during the preceding twelve months or such parts thereof as

59 6 the applicant was purchasing livestock. The bond of a person

59 7 who does not maintain a business location in this state shall

59 8 be conditioned for the payment only of those claims which

59 9 arise from purchases of livestock originating in this state.

59 10 b. (b) The amount of bond for an established dealer or

59 11 broker who maintains one or more business locations in this

59 12 state shall be not less than the nearest multiple of five

59 13 thousand dollars above twice the average daily value of

59 14 purchases of livestock originating in this state handled by

59 15 the applicant during the preceding twelve months or such parts

59 16 thereof as the applicant was purchasing livestock. The bond

59 17 of a person who maintains one or more business locations in

59 18 this state shall be conditioned for the payment only of those

59 19 claims which arise from purchases of livestock originating in

59 20 this state.

59 21 c. (c) If a new dealer or broker not previously covered

59 22 by this chapter applies for a license, the amount of bond

59 23 shall be based on twice the estimated average daily value of

59 24 purchases of livestock originating in this state.

59 25 d. (d) For the purpose of computing average daily value,

59 26 two hundred sixty is deemed the number of business days in a

59 27 year.

59 28 e. (e) Whenever a dealer or broker's weekly purchases

59 29 exceed one hundred fifty percent of the dealer's or broker's

59 30 average weekly volume, the department shall require additional

59 31 bond in an amount determined by the department.

59 32 f. (2) The licensee and surety of the bond shall be held

59 33 and firmly bound unto the secretary as trustee for all persons

59 34 who may be damaged because of nonpayment of obligations in

59 35 connection with the purchase of animals originating in this
Senate File 446 - Introduced continued
60 1 state. Any person damaged because of such nonpayment may

60 2 maintain suit in the person's own behalf to recover on the

60 3 bond, even though not named as a party to the bond.

60 4 g. (3) For purposes of subsection 1 this paragraph "a",

60 5 "purchases of livestock originating in this state" shall not

60 6 include purchases by dealers or brokers from their

60 7 subsidiaries.

60 8 2. b. A bond equivalent may be filed in lieu of a bond.

60 9 The bond equivalent shall be in the form of a trust agreement

60 10 and the fund of the trust shall be in the form of fully

60 11 negotiable obligations of the United States or certificates of

60 12 deposit insured by the Federal Deposit Insurance Corporation

60 13 or the Federal Savings and Loan Insurance Corporation.

60 14 (1) The trust agreement shall be in the form prescribed by

60 15 the secretary and executed to the satisfaction of the

60 16 secretary. The trustee of the trust agreement shall be an

60 17 institution located in this state in which the funds are

60 18 invested or deposited.

60 19 (2) The trust agreement shall provide as beneficiary, the

60 20 secretary for the benefit of those persons damaged because of

60 21 nonpayment of obligations in connection with the purchase of

60 22 animals originating in this state. The fund in trust shall be

60 23 an amount calculated in the exact manner as provided in

60 24 subsection 1 paragraph "a". The fund in trust shall not be

60 25 subject to attachment for any other claim, or to levy of

60 26 execution upon a judgment based on any other claim.

60 27 3. Any person damaged by nonpayment of obligations or by


60 28 any misrepresentation or fraud on the part of a broker or

60 29 dealer may maintain an action against the broker or dealer,

60 30 and the sureties on the bonds or the trustee of a trust fund.

60 31 The aggregate liability of the sureties or the trust for all

60 32 such damage shall not exceed the amount of the bond or trust.

60 33 In the event that the aggregate claims exceed the total amount

60 34 of the bond or trust, the amount payable on account of any

60 35 claim shall be in the same proportion to the amount of the
Senate File 446 - Introduced continued
61 1 bond or trust as the individual claim bears to the aggregate

61 2 claims.

61 3 Unless the person damaged files claim with the dealer or



61 4 broker, and with the sureties or trustee, and with the

61 5 department within ninety days after the date of the

61 6 transaction on which the claim is based, the claimant shall be

61 7 barred from maintaining an action on the bond or trust and

61 8 from receiving any proceeds from the bond or trust.

61 9 4. Whenever the secretary determines that the business



61 10 volume of the applicant or licensee is such as to render the

61 11 bond or trust inadequate, the amount of the bond or trust

61 12 shall be, upon notice, adjusted.

61 13 5. All bonds and trust agreements shall contain a



61 14 provision requiring that at least thirty days' prior notice in

61 15 writing be given to the secretary by the party terminating the

61 16 bond or trust agreement as a condition precedent to

61 17 termination.

61 18 Whenever a bond or a trust agreement is to be terminated by



61 19 a cancellation by the surety or trustee, the secretary shall

61 20 cause to be published notices of the proposed cancellation not

61 21 less than ten days prior to the date the cancellation is

61 22 effective. The notices shall be published as follows:

61 23 a. In the Iowa administrative code.

61 24 b. In a newspaper of general circulation in the county in


61 25 which the licensee maintains a business location, or if the

61 26 licensee maintains no business location in this state, then in

61 27 the county where the licensee transacts a substantial part of

61 28 the licensee's business.

61 29 c. By general news release to all news media. Failure by



61 30 the secretary to cause the publication of notice as required

61 31 by this paragraph shall not be deemed to prevent or delay the

61 32 cancellation.

61 33 The termination of a bond or a trust agreement shall not



61 34 release the parties from any liability arising out of the

61 35 facts or transactions occurring prior to the termination date.
Senate File 446 - Introduced continued
62 1 Trust funds shall not be withdrawn from trust by a licensee

62 2 until the expiration of ninety days after the date of

62 3 termination of the trust, and then only if no claims secured

62 4 by the agreement have been filed with the secretary. If any


62 5 claims have been filed with the secretary, the withdrawal of

62 6 funds by the licensee shall not be permitted until the claims

62 7 have been satisfied or released and evidence of the

62 8 satisfaction or release filed with the secretary.

62 9 6. c. A person who is not a resident of this state and

62 10 who either maintains no business location in this state or

62 11 maintains one or more business locations in this state, and a

62 12 person who is a resident of this state and who maintains more

62 13 than one business location in this state, may submit a

62 14 consolidated proof of financial responsibility. The

62 15 consolidated proof of financial responsibility shall consist

62 16 of a bond or a trust agreement meeting all of the requirements

62 17 of this section, except that the calculation of the amount of

62 18 the bond or the amount of the trust fund shall be based on the

62 19 average daily value of all purchases of livestock originating

62 20 in this state. A person who submits consolidated proof of

62 21 financial responsibility shall maintain separate records for

62 22 each business location, and shall maintain such other records

62 23 respecting purchases of livestock as the secretary by rule

62 24 shall prescribe.

62 25 2. a. Any person damaged by nonpayment of obligations or


62 26 by any misrepresentation or fraud on the part of a broker or

62 27 dealer may maintain an action against the broker or dealer,

62 28 and the sureties on the bonds or the trustee of a trust fund.

62 29 The aggregate liability of the sureties or the trust for all

62 30 such damage shall not exceed the amount of the bond or trust.

62 31 In the event that the aggregate claims exceed the total amount

62 32 of the bond or trust, the amount payable on account of any

62 33 claim shall be in the same proportion to the amount of the

62 34 bond or trust as the individual claim bears to the aggregate

62 35 claims.
Senate File 446 - Introduced continued
63 1 b. Unless the person damaged files claim with the dealer

63 2 or broker, and with the sureties or trustee, and with the

63 3 department within ninety days after the date of the

63 4 transaction on which the claim is based, the claimant shall be

63 5 barred from maintaining an action on the bond or trust and

63 6 from receiving any proceeds from the bond or trust.

63 7 3. Whenever the secretary determines that the business


63 8 volume of the applicant or licensee is such as to render the

63 9 bond or trust inadequate, the amount of the bond or trust

63 10 shall be, upon notice, adjusted.

63 11 4. All bonds and trust agreements shall contain a



63 12 provision requiring that at least thirty days' prior notice in

63 13 writing be given to the secretary by the party terminating the

63 14 bond or trust agreement as a condition precedent to

63 15 termination.

63 16 5. a. Whenever a bond or a trust agreement is to be



63 17 terminated by a cancellation by the surety or trustee, the

63 18 secretary shall cause to be published notices of the proposed

63 19 cancellation not less than ten days prior to the date the

63 20 cancellation is effective. The notices shall be published as

63 21 follows:

63 22 (1) In the Iowa administrative code.

63 23 (2) In a newspaper of general circulation in the county in

63 24 which the licensee maintains a business location, or if the

63 25 licensee maintains no business location in this state, then in


63 26 the county where the licensee transacts a substantial part of

63 27 the licensee's business.

63 28 (3) By general news release to all news media. Failure by



63 29 the secretary to cause the publication of notice as required

63 30 by this subparagraph shall not be deemed to prevent or delay

63 31 the cancellation.

63 32 b. The termination of a bond or a trust agreement shall



63 33 not release the parties from any liability arising out of the

63 34 facts or transactions occurring prior to the termination date.

63 35 c. Trust funds shall not be withdrawn from trust by a


Senate File 446 - Introduced continued
64 1 licensee until the expiration of ninety days after the date of

64 2 termination of the trust, and then only if no claims secured

64 3 by the agreement have been filed with the secretary. If any

64 4 claims have been filed with the secretary, the withdrawal of

64 5 funds by the licensee shall not be permitted until the claims

64 6 have been satisfied or released and evidence of the

64 7 satisfaction or release filed with the secretary.

64 8 Sec. 66. Section 175.28, Code 2009, is amended to read as

64 9 follows:

64 10 175.28 TRUST ASSETS.

64 11 The authority shall make application to and receive from

64 12 the secretary of agriculture of the United States, or any

64 13 other proper federal official, pursuant and subject to the

64 14 provisions of Pub. L. No. 499 81=499, 64 Stat. 152 (1950),

64 15 (formerly formerly codified at 40 U.S.C. } 440 et seq. (1976))

64 16 (1976), all of the trust assets held by the United States in

64 17 trust for the Iowa rural rehabilitation corporation now

64 18 dissolved.

64 19 Sec. 67. Section 175.29, Code 2009, is amended to read as

64 20 follows:

64 21 175.29 AGREEMENTS.

64 22 The authority may enter into agreements with the secretary

64 23 of agriculture of the United States pursuant to Pub. L. No.

64 24 499 s. 81=499 } 2(f) (1950) upon terms and conditions and for

64 25 periods of time as mutually agreeable, authorizing the

64 26 authority to accept, administer, expend and use in the state

64 27 of Iowa all or any part of the trust assets or other funds in

64 28 the state of Iowa which have been appropriated for use in

64 29 carrying out the purposes of the Bankhead=Jones Farm Tenant

64 30 Act and to do any and all things necessary to effectuate and

64 31 carry out the purposes of said agreements.

64 32 Sec. 68. Section 175.30, Code 2009, is amended to read as

64 33 follows:

64 34 175.30 USE OF ASSETS == INSURED OR GUARANTEED LOANS TO

64 35 BEGINNING OR DISPLACED FARMERS.

Senate File 446 - Introduced continued
65 1 1. As used in this section:

65 2 a. "Beginning farmer" includes an individual or



65 3 partnership with a low or moderate net worth that became

65 4 engaged in farming on or after January 1, 1982.

65 5 b. "Displaced farmer" means a person who discontinued



65 6 farming on or after January 1, 1982, due to foreclosure or

65 7 voluntary liquidation for financial reasons, and who was

65 8 actively engaged in farming for at least one year prior to

65 9 discontinuing farming.

65 10 2. The trust assets received under the application made

65 11 pursuant to section 175.28 other than cash shall be taken on

65 12 proper transfer or assignment from the department of human

65 13 services to the authority and administered as provided in this




1   ...   36   37   38   39   40   41   42   43   ...   81


The database is protected by copyright ©hestories.info 2017
send message

    Main page