Bill Text: IA HF2335 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing a preference to veterans participating in a program to lease certain agricultural land from the department of natural resources, and including effective date provisions.
Sponsorship: Slight Partisan Bill (Democrat 19-8)
Status: (Introduced - Dead) 2018-02-13 - Introduced, referred to Natural Resources. H.J. 259. [HF2335 Detail]
Download: Iowa-2017-HF2335-Introduced.html
House File 2335 - Introduced HOUSE FILE BY KEARNS, T. TAYLOR, HUNTER, HOLT, GASKILL, ANDERSON, WINCKLER, KURTH, LENSING, H. MILLER, ABDUL=SAMAD, BENNETT, MAXWELL, COHOON, HEATON, STAED, MEYER, KACENA, STECKMAN, OURTH, WATTS, PRICHARD, SALMON, BAXTER, JACOBSEN, ZUMBACH, HEARTSILL, and GAINES A BILL FOR 1 An Act providing a preference to veterans participating in 2 a program to lease certain agricultural land from the 3 department of natural resources, and including effective 4 date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5711YH (4) 87 da/rj PAG LIN 1 1 Section 1. Section 16.75, Code 2018, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 6. The authority shall certify beginning 1 4 farmers qualified to participate in the lease to beginning 1 5 farmers program as provided in section 456A.38. 1 6 Sec. 2. Section 456A.38, subsection 1, Code 2018, is amended 1 7 by adding the following new paragraph: 1 8 NEW PARAGRAPH. d. "Veteran" means the same as defined in 1 9 section 35.1. 1 10 Sec. 3. Section 456A.38, subsections 4 and 5, Code 2018, are 1 11 amended to read as follows: 1 12 4. a. The department shallexecuteenter into a lease with 1 13 a beginning farmer selected to participate in the programafter 1 14 such personas a lessee. In order to qualify to participate in 1 15 the program, all of the following must apply: 1 16 (1) The beginning farmer has been certified by the authority 1 17 asa beginning farmer who meetsmeeting the requirements of the 1 18 authority, which shall be based on section 16.75, subsection 3, 1 19 paragraphs "a", "c", "f", and "g". 1 20 (2) The beginning farmer agrees to the terms and conditions 1 21 of the lease as required by the department. 1 225.a.b. If two or more beginning farmers, certified by the 1 23 authority under subparagraph (1), seek toexecuteenter into 1 24 a lease under the program for the same agricultural land, the 1 25 department shall select the beginning farmer to participate in 1 26 the program in the following order of priority: 1 27 (1) If one of the beginning farmers is a veteran, the 1 28 department shall select that beginning farmer. However, if two 1 29 or more of the beginning farmers are veterans, the department 1 30 shall select the beginning farmer who is a veteran by drawing 1 31 lots. 1 32 (2) If none of the beginning farmers is a veteran, the 1 33 department shall select the beginning farmer by drawing lots. 1 34b.5. If no beginning farmer seeks to participate in 1 35 the program, or no beginning farmer is found qualified to 2 1 participate in the program, the department shall lease 2 2 the agricultural landunder another lease program that it 2 3 administersunder alternative lease procedures established by 2 4 the department pursuant to chapter 461A, including as provided 2 5 in 571 IAC ch. 21. 2 6 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 2 7 importance, takes effect upon enactment. 2 8 EXPLANATION 2 9 The inclusion of this explanation does not constitute agreement with 2 10 the explanation's substance by the members of the general assembly. 2 11 GENERAL. This bill amends Code section 456A.38, the lease 2 12 to beginning farmers program, administered by the department 2 13 of natural resources (DNR). The bill provides that if 2 14 possible DNR must select a veteran when leasing agricultural 2 15 land to a qualified beginning farmer seeking to participate 2 16 in the program. If two or more beginning farmers who are 2 17 veterans seek to participate in the program to lease the same 2 18 agricultural land, DNR must select the veteran by lot. 2 19 BACKGROUND == ADMINISTRATION OF PROGRAMS. DNR currently 2 20 administers two related programs: (1) the lease to beginning 2 21 farmers program established by statute and (2) the agricultural 2 22 lease program established by rule. Under each program, DNR 2 23 leases agricultural land that it holds or manages as wildlife 2 24 habitat in each county. Under the lease to beginning farmers 2 25 program, DNR leases the land to a qualified beginning farmer 2 26 certified by the Iowa finance authority (IFA) for a specific 2 27 amount. Under the alternative agricultural lease program, a 2 28 participant is selected based on a bidding process. DNR first 2 29 seeks participation from beginning farmers under the lease to 2 30 beginning farmers program and then, if no beginning farmer 2 31 seeks to participate in that program, or no beginning farmer is 2 32 found qualified to participate in the program, DNR next seeks 2 33 participation generally from persons under the agricultural 2 34 lease program. 2 35 BACKGROUND == QUALIFICATIONS FOR BEGINNING FARMERS AND 3 1 VETERANS. Generally, a beginning farmer is an individual, 3 2 partnership, family farm corporation, or family farm limited 3 3 liability company (Code section 16.58) with a low or moderate 3 4 net worth as established by IFA (Code sections 16.58 and 3 5 16.59). A veteran includes a resident of the state who 3 6 served in the armed forces of the United States during certain 3 7 periods of time encompassing various wars and conflicts, a 3 8 former member of the reserve forces of the United States, a 3 9 former member of the Iowa national guard having met certain 3 10 conditions, and a person who served on federal active duty in 3 11 the armed forces. In order to qualify, a person must have been 3 12 discharged from military service under honorable conditions. 3 13 EFFECTIVE DATE. The bill takes effect upon enactment. LSB 5711YH (4) 87 da/rj
