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



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170 25 chapter.

170 26 b. (2) Keep such records as may be necessary or required

170 27 by the secretary to indicate accurately the tonnage of

170 28 commercial feed distributed in this state, and the secretary

170 29 shall have the right to examine such records to verify

170 30 statements of tonnage.

170 31 b. Failure to make an accurate statement of tonnage or to

170 32 pay the inspection fee or comply as provided in this section

170 33 is sufficient cause for cancellation of the license of the

170 34 distributor.

170 35 3. Fees collected shall be deposited in the general fund
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171 1 of the state and shall be subject to the requirements of

171 2 section 8.60. Moneys deposited under this section shall be

171 3 used for the payment of the costs of inspection, sampling,

171 4 analysis, supportive research, and other expenses necessary

171 5 for the administration of this chapter.

171 6 4. If there is an unencumbered balance of funds from the

171 7 fees deposited under this section on June 30 of any fiscal

171 8 year equal to or exceeding one hundred thousand dollars, the

171 9 secretary of agriculture shall reduce the per ton fee provided

171 10 for in subsection 1 for the next fiscal year in such amount as

171 11 will result in an ending estimated balance of the fees

171 12 deposited less costs paid for from those fees for June 30 of

171 13 the next fiscal year of one hundred thousand dollars.

171 14 Sec. 211. Section 199.1, unnumbered paragraph 2, Code

171 15 2009, is amended to read as follows:

171 16 26. The Iowa secretary of agriculture shall, by rule,

171 17 define the terms "breeder", "foundation", "registered",

171 18 "certified" and "inbred", as used in this chapter.

171 19 Sec. 212. Section 199.3, subsection 2, paragraph h, Code

171 20 2009, is amended to read as follows:

171 21 h. (1) For each named agricultural seed:

171 22 (1) (a) Percentage of germination, exclusive of hard

171 23 seed.

171 24 (2) (b) Percentage of hard seed, if present.

171 25 (3) (c) The calendar month and year the test was

171 26 completed to determine the percentages.

171 27 (2) Following (1) (a) and (2) (b), the "total germination

171 28 and hard seed" may be stated as such, if desired.

171 29 Sec. 213. Section 199.3, subsection 5, paragraph c, Code

171 30 2009, is amended to read as follows:

171 31 c. (1) For each named vegetable seed:

171 32 (1) (a) Percentage germination exclusive of hard seed.

171 33 (2) (b) Percentage of hard seed, if present.

171 34 (3) (c) The calendar month and year the test was

171 35 completed to determine such percentages.
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172 1 (2) Following (1) (a) and (2) (b) the "total germination

172 2 and hard seed" may be stated as such, if desired.

172 3 Sec. 214. Section 199.15, Code 2009, is amended to read as

172 4 follows:

172 5 199.15 PERMIT == FEE == FRAUD.

172 6 1. A person shall not sell, distribute, advertise, solicit

172 7 orders for, offer or expose for sale, agricultural or

172 8 vegetable seed without first obtaining from the department a

172 9 permit to engage in the business. A permit is not required of

172 10 persons selling seeds which have been packed and distributed

172 11 by a person holding and having in force a permit. A permit is

172 12 not required of persons selling or advertising seed of their

172 13 own production, provided that the seed is stored or delivered

172 14 to a purchaser only on or from the farm or premises where

172 15 grown.

172 16 2. a. The fee for a new permit is ten dollars and the fee

172 17 for a renewed permit is based on the gross annual sales of

172 18 seeds in Iowa during the previous twelve=month period under

172 19 the permit holder's label and all permits expire on the first

172 20 day of July following date of issue.

172 21 b. Permits shall be issued subject to the following fee

172 22 schedule:

172 23 Gross sales of seeds Fee

172 24 Not more than $ 25,000 $30

172 25 Over $25,000 but not exceeding 50,000 60

172 26 Over $50,000 but not exceeding 100,000 90

172 27 Over $100,000 but not exceeding 200,000 120

172 28 c. For each additional increment of one hundred thousand

172 29 dollars of sales in Iowa the fee shall increase by thirty

172 30 dollars. The fee shall not exceed one thousand five hundred

172 31 dollars for a permit holder.

172 32 3. After due notice given at least ten days prior to a

172 33 date of hearing fixed by the secretary, the department may

172 34 revoke or refuse to renew a permit issued under this section

172 35 if a violation of this chapter or if intent to defraud is
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173 1 established. The failure to fulfill a contract to repurchase

173 2 the seed crop produced from any agricultural seed, if the crop

173 3 meets the requirements set forth in the contract and the

173 4 standards specified in this chapter, is prima facie evidence

173 5 of intent to defraud the purchaser at the time of entering

173 6 into the contract. However, this does not apply when seed

173 7 stock is furnished by the contractor to the grower at no cost.

173 8 Sec. 215. Section 203.6, subsection 1, Code 2009, is

173 9 amended to read as follows:

173 10 1. a. For the issuance or renewal of a license required

173 11 under section 203.3, and for any inspection of a grain dealer,

173 12 the fee shall be determined on the basis of all bushels of

173 13 grain purchased during the grain dealer's previous fiscal year

173 14 according to the grain dealer's financial statement required

173 15 in section 203.3. The fee shall be calculated according to

173 16 the following schedule:

173 17 a. (1) If the total number of bushels purchased is

173 18 thirty=five thousand or less, the license fee is sixty=six

173 19 dollars and the inspection fee is eighty=three dollars.

173 20 b. (2) If the total number of bushels purchased is more

173 21 than thirty=five thousand, but not more than two hundred fifty

173 22 thousand, the license fee is one hundred sixteen dollars and

173 23 the inspection fee is one hundred twenty=five dollars.

173 24 c. (3) If the total number of bushels purchased is more

173 25 than two hundred fifty thousand, but not more than five

173 26 hundred thousand, the license fee is one hundred sixty=six

173 27 dollars and the inspection fee is one hundred ninety=one

173 28 dollars.

173 29 d. (4) If the total number of bushels purchased is more

173 30 than five hundred thousand, but not more than one million, the

173 31 license fee is two hundred ninety=one dollars and the

173 32 inspection fee is two hundred forty=nine dollars.

173 33 e. (5) If the total number of bushels purchased is more

173 34 than one million, but not more than one million eight hundred

173 35 fifty thousand, the license fee is four hundred ninety=eight
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174 1 dollars and the inspection fee is three hundred seven dollars.

174 2 f. (6) If the total number of bushels purchased is more

174 3 than one million eight hundred fifty thousand, but not more

174 4 than three million two hundred thousand, the license fee is

174 5 seven hundred six dollars and the inspection fee is three

174 6 hundred seventy=four dollars.

174 7 g. (7) If the total number of bushels purchased is more

174 8 than three million two hundred thousand, the license fee is

174 9 nine hundred fifty=five dollars and the inspection fee is four

174 10 hundred forty dollars.

174 11 b. If the applicant did not purchase grain in the

174 12 applicant's previous fiscal year, the applicant shall pay the

174 13 fee specified in paragraph "a", subparagraph (1). If during

174 14 the licensee's fiscal year the number of bushels of grain

174 15 actually purchased exceeds thirty=five thousand, the licensee

174 16 shall notify the department and the license and inspection fee

174 17 shall be adjusted accordingly. Subsequent adjustments shall

174 18 be made as necessary. An applicant may elect licensing in any

174 19 category of this subsection. Fees for new licenses issued for

174 20 less than a full year shall be prorated from the date of

174 21 application.

174 22 Sec. 216. Section 203.12B, subsection 2, paragraph b, Code

174 23 2009, is amended to read as follows:

174 24 b. Upon being appointed as a receiver, the department

174 25 shall take custody and provide for the disposition of the

174 26 grain dealer assets of the grain dealer under the supervision

174 27 of the court.

174 28 (1) The petition shall be filed in the county in which the

174 29 grain dealer maintains its principal place of business in this

174 30 state. The court may issue ex parte any temporary order as it

174 31 determines necessary to preserve or protect the grain dealer

174 32 assets and the rights of interested sellers.

174 33 (2) The petition shall be accompanied by the department's

174 34 plan for disposition of grain dealer assets which shall

174 35 provide terms as may be necessary to preserve or protect the
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175 1 grain dealer assets and the rights of interested sellers, less

175 2 expenses incurred by the department in connection with the

175 3 receivership. The plan may provide for the delivery or sale

175 4 of grain as provided in section 203C.4. The plan may provide

175 5 for the operation of the business of the grain dealer on a

175 6 temporary basis and any other course of action or procedure

175 7 which will serve the interests of interested sellers.

175 8 (3) The petition shall be filed with the clerk of the

175 9 district court who shall set a date for a hearing in the same

175 10 manner as provided in section 203C.3.

175 11 (4) Copies of the petition, the notice of hearing, and the

175 12 department's plan of disposition shall be delivered to the

175 13 following:

175 14 (1) (a) The grain dealer and each issuer who shall

175 15 receive copies delivered in the manner required for service of

175 16 an original notice.

175 17 (2) (b) Interested sellers as determined by the

175 18 department who shall receive copies delivered by ordinary

175 19 mail.

175 20 (5) The failure of a person to receive the required

175 21 notification shall not invalidate the proceedings on the

175 22 petition or any part of the petition for the appointment of

175 23 the department as the receiver.

175 24 (6) A person is not a party to the action unless admitted

175 25 by the court upon application.

175 26 Sec. 217. Section 203C.15, Code 2009, is amended to read

175 27 as follows:

175 28 203C.15 INSURANCE REQUIRED == EXCEPTION.

175 29 1. All agricultural products in storage in a licensed

175 30 warehouse and all agricultural products which have been

175 31 deposited temporarily in a licensed warehouse pending storage

175 32 or for purposes other than storage, shall be kept fully

175 33 insured by the warehouse operator for the current value of the

175 34 agricultural products against loss by fire, inherent

175 35 explosion, or windstorm.
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176 1 a. The insurance shall be carried in an insurance company

176 2 or companies authorized to do business in this state, and

176 3 evidence of the insurance coverage in a form approved by the

176 4 department shall be filed with the department. An insurance

176 5 policy shall not be canceled by the insurance company on less

176 6 than ninety days' notice by certified mail to the department

176 7 and the principal unless the policy is being replaced with

176 8 another policy and evidence of the new policy is filed with

176 9 the department at the time of cancellation of the policy on

176 10 file.

176 11 b. The insurance shall be provided by, and carried in the

176 12 name of, the warehouse operator. However, whenever the

176 13 department shall receive notice from an insurance company that

176 14 it has canceled the insurance of a licensed warehouse, the

176 15 department shall automatically suspend the warehouse license

176 16 if replacement insurance is not received by the department

176 17 within seventy=five days of receipt of the notice of

176 18 cancellation. The department shall cause an inspection of the

176 19 licensed warehouse immediately at the end of the seventy=five

176 20 day period. If replacement insurance is not filed within

176 21 another ten days following suspension, the warehouse license

176 22 shall be automatically revoked.

176 23 2. When a license is revoked, the department shall notify

176 24 each holder of an outstanding warehouse receipt and all known

176 25 persons who have grain retained in open storage of the

176 26 revocation. The department shall further notify each receipt

176 27 holder and all known persons who have grain retained in open

176 28 storage that the grain must be removed from the warehouse not

176 29 later than the thirtieth day following the revocation. The

176 30 notice shall be sent by ordinary mail to the last known

176 31 address of each person having grain in storage as provided in

176 32 this subsection.

176 33 3. Claimants against the insurance have precedence in the

176 34 following order:

176 35 1. a. Holders of warehouse receipts other than the
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177 1 warehouse operator and owners of bulk grain other than the

177 2 warehouse operator.

177 3 2. b. Owners of all other agricultural products as their

177 4 interests appear.

177 5 3. c. Warehouse operators who have warehouse receipts.

177 6 4. d. Warehouse operators owners of bulk grain.

177 7 4. However, notwithstanding the insurance requirements set

177 8 forth in this section, a licensed warehouse may exclude from

177 9 the insurance coverage stored grain to which title is fully

177 10 vested in the United States government or any of its

177 11 subdivisions or agencies, provided that the licensed warehouse

177 12 has on file with the United States government or any of its

177 13 subdivisions or agencies a current and accepted uninsured

177 14 storage rate under the provisions of their uniform grain

177 15 storage agreement. The licensed warehouse shall file a copy

177 16 of the current uninsured tariff rate with the department

177 17 immediately upon acceptance of the uninsured rate by the

177 18 United States government or any of its subdivisions or

177 19 agencies.

177 20 Sec. 218. Section 203C.17, subsection 8, Code 2009, is

177 21 amended to read as follows:

177 22 8. a. Every licensed warehouse operator shall, on or

177 23 before July 1 of each year, send a statement for each holder

177 24 of a warehouse receipt covering grain held for more than one

177 25 year at that warehouse to the holder's last known address.

177 26 The statement shall show the amount of all grain held pursuant

177 27 to warehouse receipt for such warehouse receipt holder and the

177 28 amount of any storage charges held by the licensed warehouse

177 29 operator against that grain. However, a licensed warehouse

177 30 operator need not prepare this annual statement for a holder

177 31 of a warehouse receipt, if the licensed warehouse operator

177 32 prepares such statements monthly, quarterly or for any other

177 33 period more frequent than annually.

177 34 b. The failure to prepare a statement required by this

177 35 subsection is a simple misdemeanor.
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178 1 c. Violation of this section shall not constitute grounds

178 2 for suspension, revocation, or modification of the license of

178 3 anyone licensed under this chapter.

178 4 Sec. 219. Section 207.14, subsections 1, 2, 4, and 7, Code

178 5 2009, are amended to read as follows:

178 6 1. a. When on the basis of an inspection, the

178 7 administrator determines that a condition or practice exists

178 8 which creates an imminent danger to the health or safety of

178 9 the public or can reasonably be expected to cause significant,

178 10 imminent environmental harm to land, air, or water resources,

178 11 the administrator shall immediately order a cessation of coal

178 12 mining and reclamation operations to the extent necessary

178 13 until the administrator determines that the condition,

178 14 practice, or violation has been abated, or until the order is

178 15 modified, vacated, or terminated by the division pursuant to

178 16 procedures set out in this section.

178 17 b. If the administrator finds that the ordered cessation

178 18 will not completely abate the imminent danger to health or

178 19 safety of the public or the significant imminent environmental

178 20 harm, the administrator shall require the operator to take

178 21 whatever steps the administrator deems necessary to abate the

178 22 imminent danger or the significant environmental harm.

178 23 2. a. When on the basis of an inspection, the

178 24 administrator determines that any operator is in violation of

178 25 any requirement of this chapter or permit condition, but the

178 26 violation does not create an imminent danger to the health or

178 27 safety of the public or cannot be reasonably expected to cause

178 28 significant, imminent environmental harm, the administrator

178 29 shall issue a notice to the operator fixing a reasonable time

178 30 but not more than ninety days for the abatement of the

178 31 violation and providing opportunity for public hearing.

178 32 b. If upon expiration of the time as fixed the

178 33 administrator finds in writing that the violation has not been

178 34 abated, the administrator, notwithstanding sections 17A.18 and

178 35 17A.18A, shall immediately order a cessation of coal mining
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179 1 and reclamation operations relating to the violation until the

179 2 order is modified, vacated, or terminated by the administrator

179 3 pursuant to procedures outlined in this section. In the order

179 4 of cessation issued by the administrator under this

179 5 subsection, the administrator shall include the steps

179 6 necessary to abate the violation in the most expeditious

179 7 manner possible.

179 8 4. a. A permittee may request in writing an appeal to the

179 9 committee of a decision made in a hearing under subsection 3

179 10 within thirty days of the decision. The committee shall

179 11 review the record made in the contested case hearing, and may

179 12 hear additional evidence upon a showing of good cause for

179 13 failure to present the evidence in the hearing, or if evidence

179 14 concerning events occurring after the hearing is deemed

179 15 relevant to the proceeding. However, the committee shall not

179 16 review a decision in a proceeding if the division seeks to

179 17 collect a civil penalty pursuant to section 207.15, and those

179 18 decisions are final agency actions subject to direct judicial

179 19 review as provided in chapter 17A.

179 20 b. The contested case hearing shall be scheduled within

179 21 thirty days of receipt of the request by the division. If the

179 22 decision in the contested case is to revoke the permit, the

179 23 permittee shall be given a specific period to complete

179 24 reclamation, or the attorney general shall be requested to

179 25 institute bond forfeiture proceedings.

179 26 7. a. A permittee issued a notice or order under this

179 27 section or any person having an interest which is or may be

179 28 adversely affected by the notice or order or by its

179 29 modification, vacation or termination may apply to the

179 30 committee for review within thirty days of receipt of the

179 31 notice or order or within thirty days of its modification,

179 32 vacation or termination. The review shall be treated as a

179 33 contested case under chapter 17A.

179 34 b. Pending completion of any investigation or hearings

179 35 required by this section, the applicant may file with the
Senate File 446 - Introduced continued
180 1 division a written request that the administrator grant

180 2 temporary relief from any notice or order issued under this

180 3 section together with a detailed statement giving reasons for

180 4 granting such relief.

180 5 c. The administrator shall issue an order or decision

180 6 granting or denying the request for relief within five days of

180 7 its receipt. The administrator may grant such relief under

180 8 such conditions as the administrator may prescribe if all of

180 9 the following occur:

180 10 a. (1) A hearing has been held in the locality of the

180 11 permit area in which all parties were given an opportunity to

180 12 be heard. The hearing need not be held as a contested case

180 13 under chapter 17A.

180 14 b. (2) The applicant shows that there is substantial

180 15 likelihood that the findings of the committee will be

180 16 favorable to the applicant.

180 17 c. (3) Such relief will not adversely affect the health

180 18 or safety of the public or cause significant, imminent

180 19 environmental harm to land, air or water resources.

180 20 Sec. 220. Section 216.6, subsection 1, paragraph c, Code




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