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



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48 23 upon it by law. Such articles and supplies shall be obtained

48 24 by the department in the same manner in which the regular

48 25 supplies for the department are obtained, and the department

48 26 shall assess the costs to the board for such articles and

48 27 supplies. The board shall also reimburse the department for

48 28 direct and indirect administrative costs incurred in issuing

48 29 and renewing the licenses.

48 30 6. 3. The board shall meet at least once each year as

48 31 determined by the board. Other necessary meetings may be

48 32 called by the president of the board by giving proper notice.

48 33 Except as provided, a majority of the board constitutes a

48 34 quorum. Meetings shall be open and public except that the

48 35 board may meet in closed session to prepare, approve,
Senate File 449 - Introduced continued

49 1 administer, or grade examinations, or to deliberate the

49 2 qualifications of an applicant for license or the disposition

49 3 of a proceeding to discipline a licensed veterinarian.

49 4 7. 4. At its annual meeting, the board shall organize by

49 5 electing a president and such other officers as may be

49 6 necessary. Officers of the board serve for terms of one year

49 7 and until a successor is elected, without limitation on the

49 8 number of terms an officer may serve. The president shall

49 9 serve as chairperson of board meetings. The person designated


49 10 as the state veterinarian shall serve as secretary of the

49 11 board.

49 12 5. The duties of the board shall include carrying on the

49 13 correspondence of the board, keeping permanent accounts and

49 14 records of all receipts and disbursements by the board and of

49 15 all board proceedings, including the disposition of all

49 16 applications for a license, and keeping a register of all

49 17 persons currently licensed by the board. The representatives

49 18 of the general public shall not prepare, grade, or otherwise

49 19 administer examinations to applicants for a license to

49 20 practice veterinary medicine. All board records shall be open

49 21 to public inspection during regular office hours.

49 22 6. Members of the board shall set their own per diem

49 23 compensation, at a rate not exceeding the per diem specified

49 24 in section 7E.6 for each day actually engaged in the discharge

49 25 of their duties, as well as compensation for necessary

49 26 traveling and other expenses. Compensation for veterinarian

49 27 members of the board shall include compensation for the time


49 28 spent traveling to and from the place of conducting the

49 29 examination and for a reasonable number of days for the

49 30 preparation of examination and the reading of papers, in

49 31 addition to the time actually spent in conducting

49 32 examinations, within the limits of funds appropriated to the

49 33 board.

49 34 8. The board shall set the fees by rule for a license to



49 35 practice veterinary medicine issued upon the basis of the
Senate File 449 - Introduced continued
50 1 examination. It shall also set the fees by rule for a license

50 2 granted on the basis of reciprocity, a renewal of a license to

50 3 practice veterinary medicine, a certified statement that a

50 4 licensee is licensed to practice in this state, and an

50 5 issuance of a duplicate license when the original is lost or

50 6 destroyed. The fee shall be based upon the administrative

50 7 costs of sustaining the board and shall include, but shall not

50 8 be limited to, the following:

50 9 a. Per diem, expenses, and travel of board members.

50 10 b. Costs to the department for administration of this


50 11 chapter.

50 12 9. 7. Upon a three=fifths vote, the board may:

50 13 a. Examine and determine the qualifications and fitness of

50 14 applicants for a license to practice veterinary medicine in

50 15 the state.

50 16 b. Issue, renew, or deny issuance or renewal of licenses

50 17 and temporary permits to practice veterinary medicine in this

50 18 state.

50 19 c. Establish and publish annually a schedule of fees for

50 20 licensing and registration of veterinarians. The fees shall



50 21 be set by rule and shall include fees for a license to

50 22 practice veterinary medicine issued upon the basis of the

50 23 examination, a license granted on the basis of reciprocity, a

50 24 renewal of a license to practice veterinary medicine, a

50 25 certified statement that a licensee is licensed to practice in

50 26 this state, and an issuance of a duplicate license when the

50 27 original is lost or destroyed. The fee schedule shall be

50 28 based on the board's anticipated financial requirements for

50 29 the year, which shall include but not be limited to the


50 30 following:

50 31 (1) Per diem, expenses, and travel of board members.

50 32 (2) Costs to the department for administration of this

50 33 chapter.

50 34 d. Conduct investigations for the purpose of discovering

50 35 violations of this chapter or grounds for disciplining
Senate File 449 - Introduced continued

51 1 licensed veterinarians.

51 2 e. Hold hearings on all matters properly brought before

51 3 the board and administer oaths, receive evidence, make the

51 4 necessary determinations, and enter orders consistent with the

51 5 findings. The board may require by subpoena the attendance

51 6 and testimony of witnesses and the production of papers,

51 7 records, or other documentary evidence and commission

51 8 depositions. An administrative law judge may be appointed

51 9 pursuant to section 17A.11 to perform those functions which

51 10 properly repose in an administrative law judge.

51 11 f. Employ full=time or part=time personnel, professional,

51 12 clerical, or special, as are necessary to effectuate the

51 13 provisions of this chapter.

51 14 g. Appoint from its own membership one or more members to

51 15 act as representatives of the board at any meeting within or

51 16 without the state where such representation is deemed

51 17 desirable.

51 18 h. Bring proceedings in the courts for the enforcement of

51 19 this chapter or any regulations made pursuant to this chapter.

51 20 i. Adopt, amend, or repeal rules relating to the standards

51 21 of conduct for, testing of, and revocation or suspension of

51 22 certificates issued to veterinary assistants. However, a

51 23 certificate shall not be suspended or revoked by less than a

51 24 two=thirds vote of the entire board in a proceeding conducted

51 25 in compliance with section 17A.12.

51 26 j. Adopt, amend, or repeal all rules necessary for its

51 27 government and all regulations necessary to carry into effect

51 28 the provision of this chapter, including the establishment and

51 29 publication of standards of professional conduct for the

51 30 practice of veterinary medicine.

51 31 8. The powers enumerated above in subsection 7 are granted

51 32 for the purpose of enabling the board to effectively supervise

51 33 the practice of veterinary medicine and are to be construed

51 34 liberally to accomplish this objective.

51 35 10. 9. A person who provides veterinary medical services,
Senate File 449 - Introduced continued
52 1 owns a veterinary clinic, or practices in this state shall

52 2 obtain a certificate from the board and be subject to the same

52 3 standards of conduct, as provided in this chapter and rules

52 4 adopted by the board, as apply to a licensed veterinarian,

52 5 unless the board determines that the same standards of conduct

52 6 are inapplicable. The board shall issue, renew, or deny a

52 7 certificate; adopt rules relating to the standards of conduct;

52 8 and take disciplinary action against the person, including

52 9 suspension or revocation of a certificate, in accordance with

52 10 the procedures established in section 169.14. Certification

52 11 fees shall be established by the board pursuant to subsection

52 12 9 7, paragraph "j". Fees shall be established in an amount

52 13 sufficient to fully offset the costs of certification pursuant

52 14 to this subsection. For the fiscal year beginning July 1,

52 15 2001, and ending June 30, 2002, the department shall retain

52 16 fees collected to administer the program of certifying

52 17 veterinary clinics and the fees retained are appropriated to

52 18 the department for the purposes of this subsection. For the

52 19 fiscal year beginning July 1, 2001, and ending June 30, 2002,

52 20 notwithstanding section 8.33, fees which remain unexpended at

52 21 the end of the fiscal year shall not revert to the general

52 22 fund of the state but shall be available for use for the

52 23 following fiscal year to administer the program. For the

52 24 fiscal year beginning July 1, 2002, and succeeding fiscal

52 25 years, certification fees shall be deposited in the general

52 26 fund of the state and are appropriated to the department to

52 27 administer the certification provisions of this subsection.

52 28 This subsection shall not apply to an animal shelter, as

52 29 defined in section 162.2, that provides veterinary medical

52 30 services to animals in the custody of the shelter.

52 31 10. The department shall furnish the board with all


52 32 articles and supplies required for the public use and

52 33 necessary to enable the board to perform the duties imposed

52 34 upon it by law. Such articles and supplies shall be obtained

52 35 by the department in the same manner in which the regular
Senate File 449 - Introduced continued
53 1 supplies for the department are obtained, and the department

53 2 shall assess the costs to the board for such articles and

53 3 supplies. The board shall also reimburse the department for

53 4 direct and indirect administrative costs incurred in issuing

53 5 and renewing the licenses.

53 6 Sec. 73. Section 175B.4, Code 2009, is amended to read as

53 7 follows:

53 8 175B.4 OTHER PROGRAMS.

53 9 Nothing in this chapter restricts the department from

53 10 providing for other programs which promote the purposes of the

53 11 federal programs.

53 12 Sec. 74. Section 190.12, Code 2009, is amended to read as

53 13 follows:

53 14 190.12 STANDARDS FOR FROZEN DESSERTS.

53 15 1. Frozen desserts and the pasteurized dairy ingredients

53 16 used in the manufacture thereof, shall comply with the

53 17 following standards:

53 18

53 19 Milk, cream, and fluid Temperature Storage at 45 degrees F.

53 20 dairy ingredient Bacterial limit 50,000 per milliliter

53 21 Coliform limit 10 per milliliter

53 22

53 23 Frozen dessert mixes, Temperature Storage at 45 degrees F.

53 24 frozen desserts (plain) Bacterial limit 50,000 per gram

53 25 Coliform limit 10 per gram

53 26

53 27 Dry dairy ingredient Extra grade or better as defined by

53 28 U.S. Standards for grades for the

53 29 particular product.

53 30

53 31 Dry powder mix Bacterial limit 50,000 per gram

53 32 Coliform limit 10 per gram

53 33

53 34 2. The bacteria count and coliform determination shall not

53 35 exceed this standard these standards in three out of the last

Senate File 449 - Introduced continued
54 1 five consecutive samples taken by the regulatory agency.

54 2 3. This section shall not preclude holding mix at a higher

54 3 temperature for a short period of time immediately prior to

54 4 freezing where applicable to the particular manufacturing or

54 5 processing practices.

54 6 4. This section shall not apply to sterilized mix in

54 7 hermetically sealed containers.

54 8 5. The coliform determination for bulky flavored frozen

54 9 desserts shall not be more than twenty per gram.

54 10 Sec. 75. Section 191.6, Code 2009, is amended to read as

54 11 follows:

54 12 191.6 STANDARDS FOR OLEOMARGARINE.

54 13 The department may prescribe and establish standards for

54 14 oleo, oleomargarine, or margarine manufactured or sold in this

54 15 state and may adopt the standards set up by now existing

54 16 regulations of the federal security administration or agency



54 17 as found in 1949, Code of Federal Regulations, Title 21, Part

54 18 45, } 45.0 food and drug administration of the United States

54 19 department of health and human services, 21 C.F.R. } 166.110,

54 20 or any amendments thereto. Any standards so established shall

54 21 not be contrary to or inconsistent with the provisions of

54 22 section 190.1, subsection 6, entitled "Oleomargarine".

54 23 Sec. 76. Section 200.14, Code 2009, is amended to read as

54 24 follows:

54 25 200.14 RULES.

54 26 1. The secretary is authorized, after public hearing,

54 27 following due notice, to adopt rules setting forth minimum

54 28 general safety standards for the design, construction,

54 29 location, installation and operation of equipment for storage,

54 30 handling, transportation by tank truck or tank trailer, and

54 31 utilization of anhydrous ammonia.

54 32 a. The rules shall be such as are reasonably necessary for

54 33 the protection and safety of the public and persons using

54 34 anhydrous ammonia, and shall be in substantial conformity with

54 35 the generally accepted standards of safety.

Senate File 449 - Introduced continued
55 1 b. It is hereby declared that rules Rules that are in

55 2 substantial conformity with the published standards of the

55 3 agricultural ammonia institute for the design, installation

55 4 and construction of containers and pertinent equipment for the

55 5 storage and handling of anhydrous ammonia, shall be deemed to

55 6 be in substantial conformity with the generally accepted

55 7 standards of safety.

55 8 2. Anhydrous ammonia equipment shall be installed and

55 9 maintained in a safe operating condition and in conformity

55 10 with rules adopted by the secretary.

55 11 3. The secretary is hereby charged with the enforcement of

55 12 shall enforce this chapter, and, after due publicity and due

55 13 public hearing, is empowered to may promulgate and adopt such

55 14 reasonable rules as may be necessary in order to carry into

55 15 effect the purpose and intent and to secure the efficient

55 16 administration of this chapter or to secure the efficient

55 17 administration thereof.

55 18 4. Nothing in this This chapter shall does not prohibit

55 19 the use of storage tanks smaller than transporting tanks nor

55 20 the transfer of all kinds of fertilizer including anhydrous

55 21 ammonia directly from transporting tanks to implements of

55 22 husbandry, if proper safety precautions are observed.

55 23 Sec. 77. Section 203C.18, subsection 1, paragraph c, Code

55 24 2009, is amended to read as follows:

55 25 c. A statement that the receipt is issued subject to the

55 26 Iowa warehouse Act and the rules and regulations prescribed

55 27 pursuant to the Act this chapter.

55 28 Sec. 78. Section 203D.1, Code 2009, is amended by adding

55 29 the following new subsection:

55 30 NEW SUBSECTION. 10A. "Purchased grain" means grain which

55 31 is entered in the company owned paid position as evidenced on

55 32 the grain dealer's daily position record.

55 33 Sec. 79. Section 203D.3, subsection 2, paragraph a,

55 34 unnumbered paragraph 1, Code 2009, is amended to read as

55 35 follows:

Senate File 449 - Introduced continued
56 1 A per=bushel fee shall be assessed on all purchased grain.

56 2 As used in this chapter, "purchased grain" means grain which



56 3 is entered in the company owned paid position as evidenced on

56 4 the grain dealer's daily position record. However, if the

56 5 grain dealer provides documentation regarding the transaction

56 6 satisfactory to the department, the following transactions

56 7 shall be excluded from the fee:

56 8 Sec. 80. Section 206.6, subsection 5, Code 2009, is

56 9 amended to read as follows:

56 10 5. Issue commercial applicator license.

56 11 a. The secretary shall approve an application and issue a

56 12 commercial applicator license to the applicant as follows:

56 13 (1) The applicant is qualified as found by the secretary

56 14 to apply pesticides in the classifications for which the

56 15 applicant has applied.

56 16 (2) The applicant must furnish to the department evidence

56 17 of financial responsibility as required under section 206.13.

56 18 (3) An applicant applying for a license to engage in

56 19 aerial application of pesticides must meet all of the

56 20 requirements of the federal aviation administration, the

56 21 United States department of transportation, and any other

56 22 applicable federal or state laws or regulations to operate the

56 23 equipment described in the application.

56 24 b. The secretary shall adopt by rule, additional

56 25 requirements for issuing a license to a person who is a

56 26 nonresident of this state engaged in the aerial application of

56 27 pesticides, which may include but is not limited to conditions

56 28 for the operation of the aircraft and the application of the

56 29 pesticides under the supervision of a person who is a resident

56 30 of this state and licensed as a commercial applicator under

56 31 this section or as a pesticide dealer under section 206.8.

56 32 The secretary shall not adopt rules concerning the operation

56 33 of aircraft when a nonresident person is not engaged in the

56 34 commercial application of pesticides.

56 35 b. c. The secretary shall issue a commercial applicator


Senate File 449 - Introduced continued
57 1 license limited to the classifications for which the applicant

57 2 is qualified, which shall expire at the end of the calendar

57 3 year of issue unless it has been revoked or suspended by the

57 4 secretary for cause. The secretary may limit the license of

57 5 the applicant to the use of certain pesticides, or to certain

57 6 areas, or to certain types of equipment if the applicant is

57 7 only so qualified. If a license is not issued as applied for,

57 8 the secretary shall inform the applicant in writing of the

57 9 reasons.

57 10 Sec. 81. Section 207.15, subsections 1, 2, and 5, Code

57 11 2009, are amended to read as follows:

57 12 1. a. (1) A person who violates a permit condition, a

57 13 provision of this chapter, or a rule or order issued under

57 14 this chapter is subject to a civil penalty not to exceed five

57 15 thousand dollars per day for each day of violation.

57 16 (2) If a violation results in the issuance of a cessation

57 17 order, a civil penalty shall be imposed. The penalty shall

57 18 not exceed five thousand dollars for each day of violation.

57 19 b. In determining the amount of the penalty, consideration

57 20 shall be given to the operator's history of previous

57 21 violations at the particular mining operation, the seriousness

57 22 of the violation, including any irreparable harm to the

57 23 environment and any hazard to the health or safety of the

57 24 public, whether the operator was negligent, and the

57 25 demonstrated good faith of the operator charged in attempting

57 26 to achieve rapid compliance after notification of the

57 27 violation.

57 28 c. An operator who fails to correct a violation for which

57 29 a notice or order has been issued within the period permitted

57 30 for its correction shall be required to pay a civil penalty of

57 31 not less than seven hundred fifty dollars for each day during

57 32 which the failure or violations continue.

57 33 2. a. If a notice or order has been issued, the division

57 34 may assess a recommended penalty in accordance with a schedule

57 35 established by rule. The person to whom the notice or order
Senate File 449 - Introduced continued
58 1 was issued may submit written information within fifteen days

58 2 of the notice or order to be considered by the division. The

58 3 division shall serve the assessment by certified mail, return

58 4 receipt requested, within thirty days of issuance of the

58 5 notice or order. The division may reassess any penalty if

58 6 necessary to consider account for facts not reasonably

58 7 available on the date of issuance of the assessment. A person

58 8 may consent to a penalty assessment by paying the penalty

58 9 without resort to judicial proceedings.

58 10 b. If a violation results in the issuance of a cessation

58 11 order pursuant to section 207.14 the division shall assess a




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