Bill Text: IA HF2626 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the powers and duties of the department of agriculture and land stewardship, including by providing for administration, programs, and regulations, providing fees, providing penalties, and making penalties applicable.(Formerly HF 2591, HSB 684.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-06-08 - Withdrawn. H.J. 666. [HF2626 Detail]
Download: Iowa-2019-HF2626-Introduced.html
House
File
2626
-
Introduced
HOUSE
FILE
2626
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
2591)
(SUCCESSOR
TO
HSB
684)
A
BILL
FOR
An
Act
relating
to
the
powers
and
duties
of
the
department
of
1
agriculture
and
land
stewardship,
including
by
providing
for
2
administration,
programs,
and
regulations,
providing
fees,
3
providing
penalties,
and
making
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
DEPARTMENTAL
ORGANIZATION
2
Section
1.
Section
159.5,
subsection
7,
Code
2020,
is
3
amended
to
read
as
follows:
4
7.
Establish
and
maintain
a
marketing
news
service
bureau
5
in
the
department
which
shall,
in
cooperation
with
the
6
federal
market
news
and
grading
division
Cooperate
with
the
7
agricultural
marketing
service
of
the
United
States
department
8
of
agriculture
,
to
collect
and
disseminate
data
and
information
9
relative
to
the
market
prices
and
conditions
of
agricultural
10
products
raised,
produced,
and
handled
in
the
state.
11
DIVISION
II
12
ANIMALS
13
PART
A
14
COMMERCIAL
ESTABLISHMENTS
15
Sec.
2.
Section
162.2A,
subsection
3,
paragraph
d,
Code
16
2020,
is
amended
by
striking
the
paragraph.
17
Sec.
3.
Section
162.2A,
Code
2020,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
4A.
A
commercial
establishment
shall
not
20
be
issued
or
renewed
a
state
license
by
the
department,
unless
21
a
person
applying
for
the
state
license
presents
the
department
22
with
a
valid,
government-issued
photo
identification,
or
other
23
form
of
similar
identification
approved
by
the
department,
as
24
proof
of
identity
that
the
person
may
legally
act
on
behalf
25
of
the
commercial
establishment
in
making
the
application.
26
The
application
must
be
signed
by
the
person
under
penalty
of
27
perjury
subject
to
the
penalty
provisions
of
section
162.13,
28
subsection
1.
Upon
completion
of
the
initial
inspection,
29
the
issued
or
renewed
state
license
shall
include
a
unique
30
identification
number
that
is
a
public
record
under
chapter
22.
31
PART
B
32
ANIMAL
HEALTH
33
Sec.
4.
NEW
SECTION
.
163.2A
Part
——
definitions.
34
As
used
in
this
part,
unless
the
context
otherwise
requires:
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1.
“Animal”
means
any
livestock
or
agricultural
animal
as
1
defined
in
section
717A.1.
2
2.
“Interested
person”
means
the
owner
of
an
animal;
a
3
person
caring
for
the
animal,
if
different
from
the
owner
of
4
the
animal;
or
a
person
holding
a
perfected
agricultural
lien
5
or
security
interest
in
the
animal
under
chapter
554.
6
Sec.
5.
Section
163.3,
Code
2020,
is
amended
to
read
as
7
follows:
8
163.3
Veterinary
and
special
assistants.
9
The
secretary
or
the
secretary’s
designee
may
appoint
one
10
or
more
veterinarians
licensed
pursuant
to
chapter
169
in
each
11
county
as
assistant
veterinarians.
The
secretary
may
also
12
appoint
such
one
or
more
special
assistants
as
may
be
necessary
13
in
cases
of
emergency,
including
as
provided
in
section
163.3A
.
14
Sec.
6.
Section
163.3A,
subsection
1,
Code
2020,
is
amended
15
to
read
as
follows:
16
1.
The
department
may
provide
veterinary
emergency
17
preparedness
and
response
services
necessary
to
prevent
or
18
control
a
serious
threat
to
the
public
health,
public
safety,
19
or
the
state’s
economy
caused
by
the
transmission
of
disease
20
among
livestock
as
defined
in
section
717.1
or
agricultural
21
animals
as
defined
in
section
717A.1
.
The
services
may
include
22
measures
necessary
to
ensure
that
all
such
animals
carrying
23
disease
are
properly
identified,
segregated,
treated,
or
24
destroyed
as
provided
in
this
Code.
25
Sec.
7.
Section
163.3C,
subsection
1,
Code
2020,
is
amended
26
by
striking
the
subsection.
27
Sec.
8.
Section
163.3C,
subsection
2,
unnumbered
paragraph
28
1,
Code
2020,
is
amended
to
read
as
follows:
29
The
department
shall
develop
and
establish
a
foreign
animal
30
disease
preparedness
and
response
strategy
for
use
by
the
31
department
in
order
to
prevent,
control,
or
eradicate
the
32
transmission
of
foreign
animal
diseases
among
populations
33
of
livestock
animals
.
The
strategy
may
be
part
of
the
34
department’s
veterinary
emergency
preparedness
and
response
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services
as
provided
in
section
163.3A
.
The
strategy
shall
1
provide
additional
expertise
and
resources
to
increase
2
biosecurity
efforts
that
assist
in
the
prevention
of
a
foreign
3
animal
disease
outbreak
in
this
state.
In
developing
and
4
establishing
the
strategy,
the
department
shall
consult
with
5
interested
persons
including
but
not
limited
to
the
following:
6
Sec.
9.
Section
163.3C,
subsection
3,
Code
2020,
is
amended
7
to
read
as
follows:
8
3.
The
department
shall
implement
the
foreign
animal
9
disease
preparedness
and
response
strategy
if
necessary
to
10
prevent,
control,
or
eradicate
the
transmission
and
incidence
11
of
foreign
animal
diseases
that
may
threaten
or
actually
12
threaten
livestock
animals
in
this
state.
In
implementing
13
the
strategy,
the
department
may
utilize
emergency
response
14
measures
as
otherwise
required
under
section
163.3A
.
The
15
department
may
but
is
not
required
to
consult
with
interested
16
persons
when
implementing
the
strategy.
17
Sec.
10.
NEW
SECTION
.
163.3D
Emergency
measures
——
18
abandoned
animals
——
authorization
and
seizure.
19
1.
a.
The
department
may
seize
one
or
more
abandoned
20
animals
pursuant
to
an
authorization
providing
emergency
21
measures
to
prevent
or
control
the
transmission
of
an
22
infectious
or
contagious
disease
among
any
population
or
23
species
of
animals.
24
b.
The
authorization
must
be
any
of
the
following:
25
(1)
A
declaration
or
proclamation
issued
by
the
governor
26
pursuant
to
chapter
29C,
including
as
provided
in
section
27
163.3A.
28
(2)
An
order
issued
by
the
secretary
or
the
secretary’s
29
designee
pursuant
to
a
provision
in
this
subtitle.
30
(3)
Any
other
provision
of
law
in
this
subtitle
that
31
requires
the
department
to
control
the
transmission
of
an
32
infectious
or
contagious
disease
among
a
population
or
species
33
of
animals
in
this
state.
34
c.
If
there
is
a
conflict
between
a
measure
authorized
to
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be
taken
under
paragraph
“a”
,
that
is
less
restrictive
than
the
1
standards
or
procedures
provided
in
this
section,
the
measures
2
authorized
to
be
taken
under
paragraph
“a”
shall
prevail.
3
2.
The
department
may
appoint
veterinary
assistants
or
4
special
assistants
as
provided
in
section
163.3
as
required
to
5
administer
this
section.
6
3.
It
is
presumed
that
an
abandoned
animal
belonging
to
a
7
species
subject
to
emergency
measures
as
provided
in
subsection
8
1
has
been
exposed
to
an
infectious
or
contagious
disease
as
9
provided
in
the
authorization.
10
4.
As
part
of
the
seizure
of
an
abandoned
animal,
the
11
department
may
take,
impound,
and
retain
custody
of
the
animal,
12
including
by
maintaining
the
animal
in
a
manner
and
at
a
13
location
determined
by
the
department
to
be
reasonable
under
14
the
emergency
circumstances.
The
department
may
take
action
as
15
provided
in
this
subtitle
to
ensure
that
all
animals
exposed
to
16
an
infectious
or
contagious
disease
are
properly
identified,
17
tested,
segregated,
treated,
or
destroyed
as
provided
in
this
18
subtitle.
19
5.
a.
The
department
may
seize
an
animal
if
the
department
20
has
a
reasonable
suspicion
the
animal
has
been
abandoned,
21
including
by
entering
onto
public
or
private
property
or
into
a
22
private
motor
vehicle,
trailer,
or
semitrailer
parked
on
public
23
or
private
property,
as
provided
in
this
subsection.
24
b.
The
department
may
enter
onto
private
property
or
into
25
a
private
motor
vehicle,
trailer,
or
semitrailer
to
seize
an
26
abandoned
animal
if
the
department
obtains
a
search
warrant
27
issued
by
a
court,
or
enters
onto
the
premises
in
a
manner
28
consistent
with
the
laws
of
this
state
and
the
United
States,
29
including
Article
I,
section
8,
of
the
Constitution
of
the
30
State
of
Iowa,
or
the
fourth
amendment
to
the
Constitution
of
31
the
United
States.
32
c.
An
abandoned
animal
shall
only
be
seized
by
the
33
department
pursuant
to
the
following
conditions:
34
(1)
The
department
provides
written
notice
of
its
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abandonment
determination
to
all
reasonably
identifiable
1
interested
persons.
The
department
shall
make
a
good-faith
2
effort
to
provide
the
notice
to
interested
persons
by
regular
3
mail,
hand
delivery,
telephone,
electronic
mail,
or
other
4
reasonable
means.
The
notice
shall
include
all
of
the
5
following:
6
(a)
The
name
and
address
of
the
department.
7
(b)
A
description
of
the
animal
subject
to
seizure.
8
(c)
The
delivery
date
of
the
notice.
9
(d)
A
statement
informing
the
interested
person
that
the
10
animal
may
be
seized
pursuant
to
this
chapter
within
one
day
11
following
the
delivery
date
of
the
notice.
The
statement
12
must
specify
a
date,
time,
and
location
for
delivery
of
the
13
interested
person’s
response
designated
by
the
department,
as
14
provided
in
this
subsection.
15
(e)
A
statement
informing
the
interested
person
that
in
16
order
to
avoid
seizure
of
the
animal,
the
person
must
respond
17
to
the
notice
in
writing,
stating
that
the
animal
has
not
been
18
abandoned
and
identifying
what
measures
are
being
taken
to
care
19
for
and
manage
the
animal.
20
(2)
Notwithstanding
subparagraph
(1),
if
the
department
21
determines
that
it
is
not
feasible
to
provide
direct
notice
22
of
its
abandonment
determination
to
an
interested
person,
23
the
department
shall
deliver
a
constructive
notice
of
the
24
determination
to
that
person
by
any
reasonable
manner,
which
25
may
include
posting
the
notice
at
or
near
the
place
where
26
the
animal
is
located.
The
department
shall
also
post
the
27
constructive
notice
on
the
department’s
internet
site.
28
d.
The
department
may
seize
the
animal
if
the
department
29
fails
to
receive
a
written
response
by
the
interested
person
by
30
the
end
of
normal
office
hours
of
the
next
day
the
department
31
is
available
to
receive
the
response
after
written
notice
of
32
the
department’s
abandonment
determination
is
delivered.
33
e.
Upon
a
determination
by
the
department
that
exigent
34
circumstances
exist,
the
department
may
enter
onto
private
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property
without
a
warrant
and
may
seize
an
abandoned
animal,
1
in
a
manner
consistent
with
the
laws
of
this
state
and
2
the
United
States,
including
Article
I,
section
8,
of
the
3
Constitution
of
the
State
of
Iowa,
or
the
fourth
amendment
to
4
the
Constitution
of
the
United
States.
5
6.
If
an
animal
is
seized
pursuant
to
this
section,
the
6
department
shall
post
a
notice
in
a
conspicuous
place
at
the
7
location
where
the
animal
was
seized.
The
notice
shall
state
8
the
animal
has
been
seized
by
the
department
pursuant
to
this
9
section
and
at
least
briefly
describe
where
and
when
the
animal
10
was
seized,
the
species
and
number
of
animals
seized,
and
that
11
a
dispositional
proceeding
is
to
be
conducted
pursuant
to
12
section
163.3E.
13
Sec.
11.
NEW
SECTION
.
163.3E
Emergency
measures
——
14
abandoned
animals
——
dispositional
proceeding.
15
1.
a.
The
department
shall
file
a
petition
with
the
16
district
court
for
the
disposition
of
an
animal
seized
pursuant
17
to
section
163.3D
as
soon
as
practicable.
18
b.
The
court
shall
notify
the
department
and
all
interested
19
persons
of
the
dispositional
proceeding
in
a
manner
determined
20
reasonable
by
the
court.
The
court
shall
hear
the
matter
21
within
twenty-four
hours
from
the
time
the
department’s
22
petition
is
filed.
The
court
may
grant
a
continuance
by
a
23
motion
of
the
department
or
upon
petition
by
an
interested
24
person.
However,
the
interested
person
shall
post
a
bond
or
25
other
security
with
the
department
in
an
amount
determined
by
26
the
court,
which
shall
not
be
more
than
the
amount
sufficient
27
to
provide
for
the
maintenance
of
the
animal
for
the
duration
28
of
the
continuance.
29
2.
Upon
a
determination
by
the
department
that
exigent
30
circumstances
exist,
the
dispositional
proceeding
may
be
31
conducted
by
an
administrative
law
judge
in
the
same
manner
32
as
an
emergency
adjudicative
proceeding
pursuant
to
section
33
17A.18A.
The
administrative
law
judge
shall
notify
the
34
department
and
all
interested
persons
of
the
dispositional
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proceeding
in
a
manner
determined
reasonable
by
the
1
administrative
law
judge
given
the
circumstances
in
the
case.
2
The
procedures
provided
in
this
section
may
be
supplemented
3
or
modified
by
a
declaration
or
proclamation
issued
by
the
4
governor
or
an
order
issued
by
the
secretary
or
the
secretary’s
5
designee
pursuant
to
section
163.3D.
6
3.
a.
A
court
or
administrative
law
judge
shall
issue
an
7
order
for
the
disposition
of
the
animal
after
making
any
of
the
8
following
determinations:
9
(1)
That
no
interested
person
holds
a
legal
interest
in
10
the
seized
animal.
In
that
case,
the
animal
shall
be
deemed
11
abandoned
and
the
order
shall
extinguish
all
prior
legal
12
interests
in
the
animal.
The
order
shall
grant
an
undivided
13
ownership
interest
in
the
animal
free
from
any
security
14
interest
or
other
agricultural
lien
or
encumbrance
to
the
15
department.
16
(2)
That
an
interested
person
holds
a
legal
interest
in
17
the
seized
animal,
and
the
department
has
reasonable
suspicion
18
to
believe
that
the
animal
has
been
exposed
to
an
infectious
19
or
contagious
disease.
In
that
case,
the
order
shall
provide
20
for
the
disposition
of
the
animal
in
the
same
manner
as
if
the
21
department
had
identified
the
animal
as
having
been
exposed
to
22
the
infectious
or
contagious
disease
under
the
authorization
23
provided
in
section
163.3D.
24
(3)
That
a
person
holds
a
legal
interest
in
the
seized
25
animal,
and
there
is
no
reasonable
suspicion
that
the
seized
26
animal
has
been
exposed
to
an
infectious
or
contagious
disease.
27
In
that
case,
the
order
shall
direct
the
department
to
transfer
28
custody
of
the
animal
to
the
interested
person.
In
the
event
29
the
animal
is
returned
to
the
interested
person,
the
department
30
shall
not
be
subject
to
any
claim
for
damages
caused
by
the
31
seizure
if
the
department’s
actions
were
taken
pursuant
to
32
the
department’s
emergency
efforts
to
establish
and
maintain
33
quarantine
in
response
to
a
disease
outbreak,
as
set
forth
in
34
section
669.14,
subsection
3.
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b.
A
reasonable
suspicion
asserted
by
the
department
may
1
be
based
on
any
credible
evidence
that
shows
the
animal’s
2
possible
exposure
to
an
infectious
or
contagious
disease
or
the
3
animal
was
abandoned.
This
paragraph
“b”
does
not
require
the
4
department
to
conduct
a
test
of
an
animal
to
determine
whether
5
an
animal
has
been
exposed.
6
c.
If
two
or
more
interested
parties
may
be
transferred
7
custody
of
an
animal
by
the
department
pursuant
to
paragraph
8
“a”
,
subparagraph
(3),
the
court
or
administrative
law
judge
9
shall
order
the
department
to
transfer
the
animal
to
the
owner
10
or
otherwise
to
the
interested
person
best
able
to
care
for
the
11
animal
without
prejudicing
the
rights
of
any
other
interested
12
person.
However,
in
any
cause
of
action
brought
by
an
13
interested
person
contesting
the
order
to
transfer
under
this
14
subsection,
the
department
shall
not
be
included
as
a
party.
15
4.
a.
In
a
dispositional
proceeding
conducted
by
a
court
or
16
administrative
law
judge
under
this
section,
or
in
a
separate
17
cause
of
action
brought
by
the
department
against
an
interested
18
person,
the
court
or
administrative
law
judge
may
award
the
19
department
all
of
the
following:
20
(1)
An
amount
necessary
to
reimburse
the
department
for
21
expenses
incurred
in
seizing
and
maintaining
an
abandoned
22
animal
as
well
as
any
costs
for
the
disposition
of
the
23
abandoned
animal.
24
(2)
Expenses
related
to
the
investigation
and
adjudication
25
of
the
case.
26
b.
In
a
dispositional
proceeding
conducted
by
a
court
under
27
this
section,
or
in
a
separate
cause
of
action
brought
by
the
28
department
against
an
interested
person,
the
court
may
award
29
the
department
court
costs
and
reasonable
attorney
fees.
30
c.
An
award
ordered
under
this
subsection
shall
be
paid
31
by
an
interested
party
who
is
transferred
a
seized
animal
by
32
the
court
or
administrative
law
judge,
or
the
owner
of
the
33
seized
animal
as
determined
by
the
court
or
administrative
law
34
judge.
The
amount
awarded
the
department
shall
be
subtracted
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from
the
proceeds,
if
any,
received
by
the
department
from
the
1
disposition
of
the
animal.
Any
amount
awarded
by
a
court
shall
2
be
taxed
as
part
of
the
costs
of
the
cause
of
action.
3
d.
If
more
than
one
interested
person
holds
a
legal
interest
4
in
the
animal,
the
court
or
administrative
law
judge
shall
5
calculate
the
respective
contributions
of
the
interested
6
persons
based
upon
the
percentage
of
legal
interest
in
the
7
seized
animal
held
by
each
interested
person.
The
amount
paid
8
to
the
department
shall
be
sufficient
to
allow
the
department
9
to
repay
the
livestock
remediation
fund
as
provided
in
section
10
459.501
and
fully
reimburse
the
department
for
all
costs,
fees,
11
and
expenses
incurred
by
the
department
under
this
section.
12
Sec.
12.
NEW
SECTION
.
163.3F
Interference
with
official
13
acts.
14
1.
A
person
shall
not
interfere
with
an
official
act
of
the
15
department
taken
in
the
performance
of
a
duty
to
prevent
or
16
control
the
transmission
of
an
infectious
or
contagious
disease
17
among
a
population
or
species
of
animals,
if
the
official
act
18
is
authorized
as
part
of
any
of
the
following:
19
a.
A
veterinary
emergency
preparedness
and
response
service
20
pursuant
to
section
163.3A.
21
b.
A
foreign
animal
disease
preparedness
and
response
22
strategy
pursuant
to
section
163.3C.
23
c.
An
emergency
measure
pursuant
to
section
163.3D
or
24
163.3E.
25
2.
Under
this
section,
an
official
act
of
the
department
26
may
be
performed
by
a
departmental
employee,
or
a
veterinary
or
27
special
assistant
appointed
pursuant
to
section
163.3.
28
Sec.
13.
Section
163.61,
subsection
3,
Code
2020,
is
amended
29
by
adding
the
following
new
paragraph:
30
NEW
PARAGRAPH
.
c.
A
person
who
interferes
with
an
official
31
act
as
provided
in
section
163.3F
shall
be
subject
to
a
civil
32
penalty
of
at
least
one
hundred
dollars
but
not
more
than
ten
33
thousand
dollars.
In
the
case
of
a
continuing
violation,
34
each
day
of
the
continuing
violation
is
a
separate
violation.
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However,
a
person
shall
not
be
subject
to
a
civil
penalty
1
totaling
more
than
two
hundred
fifty
thousand
dollars
arising
2
out
of
the
same
violation.
3
Sec.
14.
Section
459.501,
subsection
3,
paragraph
a,
Code
4
2020,
is
amended
by
adding
the
following
new
subparagraph:
5
NEW
SUBPARAGRAPH
.
(3)
(a)
To
allocate
moneys
to
the
6
department
of
agriculture
and
land
stewardship
for
the
payment
7
of
expenses
incurred
by
the
department
of
agriculture
and
land
8
stewardship
associated
with
all
of
the
following:
9
(i)
Providing
for
seizure
of
animals
pursuant
to
sections
10
169.3D
and
169.3E.
11
(ii)
Court
costs,
reasonable
attorney
fees,
and
expenses
12
related
to
the
investigation
and
prosecution
of
the
case
13
arising
from
the
seizure
of
animals.
14
(b)
The
department
of
natural
resources
shall
allocate
15
any
amount
of
unencumbered
and
unobligated
moneys
demanded
in
16
writing
by
the
department
of
agriculture
and
land
stewardship
17
as
provided
in
this
subparagraph.
The
department
of
natural
18
resources
shall
complete
the
allocation
upon
receiving
the
19
demand.
20
(c)
The
department
of
agriculture
and
land
stewardship
21
shall
repay
the
fund
any
amount
received
from
an
interested
22
person
pursuant
to
an
order
by
a
court
in
a
dispositional
23
proceeding
conducted
pursuant
to
section
163.3E.
24
Sec.
15.
REPEAL.
Section
166D.3,
Code
2020,
is
repealed.
25
Sec.
16.
CODE
EDITOR
DIRECTIVE.
26
1.
The
Code
editor
is
directed
to
make
the
following
27
transfer:
28
Section
163.3
to
section
163.3G.
29
2.
The
Code
editor
shall
correct
internal
references
in
the
30
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
31
enactment
of
this
section.
32
Sec.
17.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
shall
33
divide
chapter
163,
subchapter
I,
into
parts,
including
34
sections
163.1
and
163.2
as
part
A,
sections
163.2A
through
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163.5,
including
sections
amended
or
enacted
as
provided
in
1
this
Act,
as
part
B,
and
sections
163.6
through
163.25
as
part
2
C.
3
DIVISION
III
4
COMMODITY
PRODUCTION
AND
SALE
5
PART
A
6
LOCAL
FARM
PRODUCE
PROGRAM
7
Sec.
18.
NEW
SECTION
.
190A.11
Definitions.
8
As
used
in
this
subchapter,
unless
the
context
otherwise
9
requires:
10
1.
“Department”
means
the
department
of
agriculture
and
land
11
stewardship.
12
2.
“Farm
source”
means
a
farmer
who
produces
and
sells
fresh
13
farm
produce
grown
on
the
farmer’s
land
or
a
distributor
of
14
fresh
farm
produce
who
purchases
fresh
farm
produce
directly
15
from
such
farmer
or
sells
fresh
farm
produce
on
behalf
of
such
16
farmer.
17
3.
“Fresh
farm
produce”
means
vegetables,
fruits,
or
nuts
18
intended
for
inclusion
as
part
of
a
school
diet,
including
19
school
meals
and
snacks
as
described
in
section
190A.3,
if
the
20
vegetables,
fruits,
or
nuts
are
not
processed
except
for
being
21
trimmed,
cleaned,
dried,
sorted,
or
packaged.
22
4.
“Fund”
means
the
local
farm
produce
fund
created
in
23
section
190A.12.
24
5.
“Program”
means
the
local
farm
produce
program
created
25
in
section
190A.13.
26
6.
“School”
means
a
public
school
or
nonpublic
school,
as
27
those
terms
are
defined
in
section
280.2,
or
that
portion
of
a
28
public
school
or
nonpublic
school
that
provides
facilities
for
29
teaching
any
grade
from
kindergarten
through
grade
twelve.
30
7.
“School
district”
means
a
school
district
as
described
31
in
chapter
274.
32
Sec.
19.
NEW
SECTION
.
190A.12
Local
farm
produce
fund.
33
1.
A
local
farm
produce
fund
is
created
in
the
state
34
treasury
under
the
management
and
control
of
the
department.
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2.
The
fund
shall
include
moneys
appropriated
to
the
fund
1
by
the
general
assembly.
The
fund
may
include
other
moneys
2
available
to
and
obtained
or
accepted
by
the
department,
3
including
moneys
from
public
or
private
sources.
4
3.
Moneys
in
the
fund
are
appropriated
to
support
the
5
program
in
a
manner
determined
by
the
department,
including
for
6
reasonable
administrative
costs
incurred
by
the
department.
7
Moneys
expended
from
the
fund
shall
not
require
further
special
8
authorization
by
the
general
assembly.
9
4.
a.
Notwithstanding
section
12C.7,
interest
or
earnings
10
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
11
b.
Notwithstanding
section
8.33,
moneys
credited
to
the
12
fund
that
remain
unencumbered
or
unobligated
at
the
end
of
a
13
fiscal
year
shall
not
revert
but
shall
remain
available
for
the
14
purposes
designated.
15
Sec.
20.
NEW
SECTION
.
190A.13
Local
farm
produce
program.
16
1.
A
local
farm
produce
program
is
created.
The
program
17
shall
be
controlled
and
administered
by
the
department.
18
2.
The
purpose
of
the
program
is
to
assist
schools
and
19
school
districts
in
purchasing
fresh
farm
produce.
20
3.
The
department
shall
reimburse
a
school
or
school
21
district
for
expenditures
incurred
by
the
school
or
school
22
district
during
the
school
year
in
which
the
school
or
school
23
district
is
participating
in
the
program
for
purchases
of
fresh
24
farm
produce.
25
4.
A
school
or
school
district
must
apply
each
year
to
the
26
department
to
participate
in
the
program
according
to
rules
27
adopted
by
the
department
pursuant
to
chapter
17A.
28
5.
To
be
eligible
to
participate
in
the
program,
a
school
or
29
school
district
must
purchase
the
fresh
farm
produce
directly
30
from
a
farm
source
as
follows:
31
a.
Except
as
provided
in
paragraph
“b”
,
the
farm
source
must
32
be
located
in
this
state.
33
b.
If
the
school
district
shares
a
border
with
another
34
state,
or
the
school
is
part
of
a
school
district
that
shares
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a
border
with
another
state,
the
farm
source
may
be
located
1
in
the
other
state.
However,
the
food
source
must
be
located
2
within
thirty
miles
from
the
school
district’s
border
with
that
3
state
and
the
department
must
approve
the
purchase.
4
6.
The
department
shall
require
proof
of
purchase
prior
to
5
reimbursing
the
school
or
school
district
for
the
purchase
of
6
fresh
farm
produce.
7
7.
The
department
may
administer
the
program
in
cooperation
8
with
the
department
of
education
and
the
participating
school
9
district
or
school
district
in
which
a
participating
school
is
10
located.
11
8.
a.
The
department
shall
reimburse
a
participating
12
school
or
school
district
that
submits
a
claim
as
required
13
by
the
department.
The
department
shall
pay
the
claim
on
a
14
matching
basis
with
the
department
contributing
one
dollar
15
for
every
three
dollars
expended
by
the
school
or
school
16
district.
However,
a
school
or
school
district
shall
not
17
receive
more
than
one
thousand
dollars
during
any
year
in
which
18
it
participates
in
the
program.
19
b.
Notwithstanding
paragraph
“a”
,
if
the
department
20
determines
that
there
are
sufficient
moneys
in
the
fund
to
21
satisfy
all
claims
that
may
be
submitted
by
schools
and
school
22
districts,
the
department
shall
provide
for
the
distribution
23
of
the
available
moneys
in
a
manner
determined
equitable
by
24
the
department,
which
may
include
a
prorated
distribution
to
25
participating
schools
and
school
districts.
26
PART
B
27
FERTILIZERS
AND
SOIL
CONDITIONERS
28
Sec.
21.
Section
200.3,
subsection
24,
Code
2020,
is
amended
29
by
striking
the
subsection.
30
Sec.
22.
Section
200.14,
Code
2020,
is
amended
to
read
as
31
follows:
32
200.14
Rules.
33
1.
a.
The
secretary
is
authorized,
after
public
hearing,
34
following
due
notice,
to
department
may
adopt
rules
setting
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forth
pursuant
to
chapter
17A
providing
minimum
general
1
safety
standards
for
the
design,
construction,
location,
2
installation
,
and
operation
of
equipment
for
storage,
handling,
3
transportation
by
tank
truck
or
tank
trailer,
and
utilization
4
of
anhydrous
ammonia
fertilizers
and
soil
conditioners
.
5
a.
b.
The
rules
shall
be
such
as
are
reasonably
necessary
6
for
the
protection
and
safety
of
the
public
and
persons
using
7
anhydrous
ammonia
fertilizers
or
soil
conditioners
,
and
shall
8
be
in
substantial
conformity
with
the
generally
accepted
9
standards
of
safety.
10
b.
Rules
that
are
in
substantial
conformity
with
the
11
published
standards
of
the
agricultural
ammonia
institute
for
12
the
design,
installation
and
construction
of
containers
and
13
pertinent
equipment
for
the
storage
and
handling
of
anhydrous
14
ammonia,
shall
be
deemed
to
be
in
substantial
conformity
with
15
the
generally
accepted
standards
of
safety.
16
2.
c.
Anhydrous
ammonia
Fertilizer
and
soil
conditioner
17
equipment
shall
be
installed
and
maintained
in
a
safe
operating
18
condition
and
in
conformity
with
rules
adopted
by
the
secretary
19
department
.
20
3.
2.
The
secretary
shall
enforce
this
chapter
and,
after
21
due
publicity
and
due
public
hearing,
department
may
adopt
such
22
reasonable
rules
as
may
be
necessary
in
order
to
carry
into
23
effect
the
purpose
,
and
intent
and
to
secure
the
efficient
24
administration
,
of
this
chapter
.
25
4.
3.
This
chapter
does
not
prohibit
the
use
of
storage
26
tanks
smaller
than
transporting
tanks
nor
the
transfer
of
all
27
kinds
of
fertilizer
including
anhydrous
ammonia
fertilizers
28
or
soil
conditioners
directly
from
transporting
tanks
to
29
implements
of
husbandry,
if
proper
safety
precautions
are
30
observed.
31
DIVISION
IV
32
WEIGHTS
AND
MEASURES
33
PART
A
34
GENERAL
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Sec.
23.
Section
214.1,
Code
2020,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
7.
“Weighmaster”
means
a
person
who
keeps
3
and
regularly
uses
a
commercial
weighing
and
measuring
device
4
to
accurately
weigh
objects
for
others
as
part
of
the
person’s
5
business
operated
on
a
profit,
cooperative,
or
nonprofit
basis.
6
Sec.
24.
Section
214.3,
subsection
1,
Code
2020,
is
amended
7
to
read
as
follows:
8
1.
The
A
license
issued
by
the
department
for
the
inspection
9
of
a
commercial
weighing
and
measuring
device
shall
expire
on
10
December
31
of
each
year,
and
for
a
motor
fuel
pump
on
June
30
11
of
each
year.
The
amount
of
the
fee
due
for
each
license
shall
12
be
as
provided
in
subsection
3
,
except
that
the
fee
for
a
motor
13
fuel
pump
shall
be
four
dollars
and
fifty
cents
if
paid
within
14
one
month
from
the
date
the
license
is
due.
15
Sec.
25.
Section
214.3,
subsection
3,
paragraph
e,
16
subparagraph
(2),
Code
2020,
is
amended
to
read
as
follows:
17
(2)
Retail
motor
fuel
pump,
nine
four
dollars
and
fifty
18
cents
.
19
Sec.
26.
Section
214.4,
subsection
1,
unnumbered
paragraph
20
1,
Code
2020,
is
amended
to
read
as
follows:
21
If
the
department
does
not
receive
payment
of
the
license
22
fee
required
pursuant
to
section
214.3
within
one
month
from
23
the
due
date,
the
department
shall
send
deliver
a
notice
to
24
the
owner
or
operator
of
the
device.
The
notice
shall
be
25
delivered
by
certified
mail.
The
notice
shall
state
all
of
the
26
following:
27
Sec.
27.
Section
214.6,
Code
2020,
is
amended
to
read
as
28
follows:
29
214.6
Oath
Duties
of
weighmasters
weighmaster
.
30
All
persons
keeping
a
commercial
weighing
and
measuring
31
device,
before
entering
upon
their
duties
as
weighmasters,
A
32
weighmaster
shall
be
sworn
before
some
person
having
authority
33
to
administer
oaths,
to
keep
their
ensure
that
a
commercial
34
weighing
and
measuring
device
is
correctly
balanced
,
to
make
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true
weights,
and
to
shall
render
a
correct
account
to
the
1
person
having
weighing
done.
2
Sec.
28.
Section
214.11,
Code
2020,
is
amended
to
read
as
3
follows:
4
214.11
Inspections
——
recalibrations
——
penalty.
5
1.
The
department
shall
provide
for
annual
inspections
6
of
all
motor
fuel
pumps,
including
but
not
limited
to
motor
7
fuel
blender
pumps,
licensed
under
this
chapter
.
Inspections
8
shall
be
for
the
purpose
of
determining
the
accuracy
of
the
9
pumps’
measuring
mechanisms,
and
for
such
and
correctness
of
10
motor
fuel
pumps.
For
that
purpose
the
department’s
inspectors
11
may
enter
upon
the
premises
of
any
wholesale
dealer
or
retail
12
dealer
,
as
they
are
defined
in
section
214A.1
,
of
motor
fuel
13
or
fuel
oil
within
this
state
.
14
2.
Upon
completion
of
an
inspection,
the
inspector
shall
15
affix
the
department’s
seal
to
the
measuring
mechanism
of
the
16
motor
fuel
pump.
The
seal
shall
be
appropriately
marked,
17
dated,
and
recorded
by
the
inspector.
If
the
owner
of
an
18
inspected
and
sealed
motor
fuel
pump
is
registered
with
the
19
department
as
a
servicer
in
accordance
with
section
215.23
,
20
or
employs
a
person
so
registered
as
a
servicer,
the
owner
21
or
other
servicer
may
open
the
motor
fuel
pump,
break
the
22
department’s
seal,
recalibrate
the
measuring
mechanism
if
23
necessary,
and
reseal
the
motor
fuel
pump
as
long
as
the
24
department
is
notified
of
the
recalibration
within
forty-eight
25
hours,
on
a
form
in
a
manner
provided
by
the
department.
26
2.
3.
A
person
violating
a
provision
of
this
section
is,
27
upon
conviction,
guilty
of
a
simple
misdemeanor.
28
PART
B
29
MOTOR
FUEL
30
Sec.
29.
Section
214A.2A,
subsection
1,
Code
2020,
is
31
amended
to
read
as
follows:
32
1.
Fuel
which
is
sold
or
is
kept,
offered,
or
exposed
for
33
sale
as
kerosene
shall
be
labeled
as
kerosene.
The
label
34
shall
include
the
word
“kerosene”
and
a
or
the
designation
as
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either
“K1”
or
“K2”
“K1
kerosene”
,
and
shall
indicate
that
1
the
kerosene
is
in
compliance
with
the
standard
specification
2
adopted
by
A.S.T.M.
international
specification
D3699
(1982).
3
Sec.
30.
REPEAL.
Sections
214A.3
and
214A.15,
Code
2020,
4
are
repealed.
5
PART
C
6
INSPECTIONS
7
Sec.
31.
Section
215.4,
Code
2020,
is
amended
to
read
as
8
follows:
9
215.4
Tag
for
inaccurate
or
incorrect
device
——
reinspection
10
——
license
fee.
11
A
commercial
weighing
and
measuring
device
found
to
be
12
inaccurate
or
incorrect
upon
inspection
by
the
department
13
shall
be
rejected
or
tagged
“condemned
until
repaired”
and
14
the
“licensed
for
commercial
use”
inspection
sticker
shall
be
15
removed.
If
notice
is
received
by
the
department
that
the
16
device
has
been
repaired
and
upon
reinspection
the
device
is
17
found
to
be
accurate
or
correct,
the
a
license
fee
shall
not
18
may
be
charged
for
the
reinspection.
However,
a
second
license
19
fee
shall
be
charged
if
upon
reinspection
the
device
is
found
20
to
be
inaccurate.
The
device
shall
be
tagged
“condemned”
and
21
removed
from
service
if
a
third
reinspection
fails.
22
Sec.
32.
Section
215.7,
Code
2020,
is
amended
to
read
as
23
follows:
24
215.7
Transactions
by
false
weights
or
measures.
25
1.
A
person
shall
be
deemed
to
have
violated
the
provisions
26
of
this
chapter
and
shall
be
punished
as
provided
in
chapter
27
189
,
if
the
person
does
any
of
the
following
apply
:
28
1.
a.
The
person
sells
Sells
,
trades,
delivers,
charges
29
for,
or
claims
to
have
delivered
to
a
purchaser
an
amount
30
of
any
commodity
which
is
less
in
weight
or
measure
than
31
that
which
is
asked
for,
agreed
upon,
claimed
to
have
been
32
delivered,
or
noted
on
the
delivery
ticket.
33
2.
b.
The
person
makes
Makes
a
settlement
for
or
enters
34
a
credit,
based
upon
any
false
weight
or
measurement,
for
any
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commodity
purchased.
1
3.
c.
The
person
makes
Makes
a
settlement
for
or
enters
2
a
credit,
based
upon
any
false
weight
or
measurement,
for
any
3
labor
where
the
price
of
producing
or
mining
is
determined
by
4
weight
or
measure.
5
4.
d.
The
person
records
Records
a
false
weight
or
6
measurement
upon
the
weight
ticket
or
book.
7
2.
The
department
may
adopt
rules
pursuant
to
chapter
17A
8
that
allow
for
reasonable
variations
and
exceptions
for
small
9
packages.
10
3.
A
person
who
violates
this
section
is
guilty
of
a
simple
11
misdemeanor.
12
Sec.
33.
Section
215.23,
Code
2020,
is
amended
to
read
as
13
follows:
14
215.23
Servicer’s
license.
15
1.
A
servicer
shall
not
install,
service,
or
repair
a
16
commercial
weighing
and
measuring
device
until
the
servicer
17
has
demonstrated
that
the
servicer
has
available
adequate
18
testing
equipment,
and
that
the
servicer
possesses
a
working
19
knowledge
of
all
devices
the
servicer
intends
to
install
or
20
repair
and
of
all
appropriate
weights,
measures,
statutes,
and
21
rules,
as
evidenced
by
passing
a
qualifying
examination
to
22
be
conducted
by
the
department
and
obtaining
a
license.
The
23
secretary
of
agriculture
shall
establish
by
rule
pursuant
to
24
chapter
17A
,
requirements
for
and
contents
of
the
examination.
25
The
department
may
adopt
rules
pursuant
to
chapter
17A
setting
26
forth
qualification
requirements
for
persons
applying
for
a
27
servicer’s
license,
including
an
examination.
28
2.
In
determining
these
a
servicer’s
qualifications,
the
29
secretary
shall
department
may
consider
the
specifications
30
of
the
United
States
national
institute
of
standards
and
31
technology,
handbook
44,
“Specifications,
Tolerances,
and
32
Technical
Requirements
for
Weighing
and
Measuring
Devices”,
33
or
the
current
successor
or
equivalent
specifications
adopted
34
by
the
United
States
national
institute
of
standards
and
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technology.
1
3.
The
secretary
shall
department
may
require
an
annual
the
2
payment
of
license
fee
of
not
more
than
five
dollars
for
an
3
amount
established
by
rule
for
each
license
issued
under
this
4
section
.
5
4.
Each
A
license
shall
expire
one
year
two
years
from
its
6
date
of
issuance.
7
Sec.
34.
REPEAL.
Sections
215.3
and
215.8,
Code
2020,
are
8
repealed.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
GENERAL.
This
bill
amends,
enacts,
or
repeals
a
number
13
of
provisions
administered
or
regulated
by
the
department
of
14
agriculture
and
land
stewardship
(DALS)
as
codified
in
Title
V
15
of
the
Code,
including
in
subtitle
1,
which
includes
a
number
16
of
general
provisions,
subtitle
2,
which
includes
provisions
17
regulating
animal
industry,
and
subtitle
4,
which
provides
for
18
agricultural
commodities
and
products
in
addition
to
related
19
activities.
20
SUBTITLE
1
——
ADMINISTRATION.
The
bill
eliminates
a
21
requirement
that
DALS
maintain
a
marketing
news
service
22
bureau,
but
retains
a
requirement
that
it
cooperate
with
the
23
agricultural
marketing
service
of
the
United
States
department
24
of
agriculture
(Code
section
159.5).
25
SUBTITLE
2
——
COMMERCIAL
ESTABLISHMENTS.
The
bill
26
eliminates
a
requirement
that
an
application
form
for
the
27
issuance
or
renewal
of
an
authorization
to
operate
a
commercial
28
establishment
include
the
applicant’s
identification
number,
29
which
may
be
a
tax
identification
number.
It
also
requires
a
30
person
applying
for
a
state
license
to
present
DALS
with
a
form
31
of
identification
(Code
section
162.2A).
32
CONTROL
OF
CONTAGIOUS
AND
INFECTIOUS
DISEASES.
The
bill
33
provides
that
DALS
may
seize
one
or
more
abandoned
animals
34
pursuant
to
an
authorization
providing
emergency
measures
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to
prevent
or
control
the
transmission
of
an
infectious
1
or
contagious
disease
(disease)
among
livestock
or
other
2
agricultural
animals
(animals)
that
have
been
abandoned.
3
The
authorization
may
be
made
pursuant
to
a
declaration
or
4
proclamation
issued
by
the
governor,
an
order
issued
by
the
5
secretary
of
agriculture,
or
another
provision
of
law.
As
6
part
of
a
seizure,
DALS
may
seize
and
maintain
the
animal
upon
7
providing
notice
of
the
abandonment
to
identifiable
interested
8
persons
(an
owner
or
secured
creditor).
The
disposition
9
of
the
seized
animal
must
be
made
by
a
court,
unless
DALS
10
determines
that
exigent
circumstances
exist.
In
that
case,
the
11
dispositional
proceeding
may
be
conducted
by
an
administrative
12
law
judge.
The
court
or
administrative
law
judge
may
award
13
DALS
expenses
and
costs.
DALS
may
use
moneys
available
in
the
14
livestock
remediation
fund
(Code
section
459.501)
to
pay
for
15
expenses
related
to
the
seizure.
Moneys
in
the
fund
may
also
16
be
used
to
pay
for
court
costs,
reasonable
attorney
fees,
and
17
expenses
related
to
the
investigation
and
prosecution
of
the
18
case
arising
from
the
seizure.
19
The
bill
prohibits
a
person
from
interfering
with
an
20
official
act
of
DALS
taken
in
the
performance
of
a
duty
to
21
prevent
or
control
the
transmission
of
a
disease,
if
the
action
22
is
related
to
a
veterinary
emergency
preparedness
and
response
23
service
(Code
section
163.3A),
a
foreign
animal
disease
24
preparedness
and
response
strategy
(Code
section
163.3C),
or
an
25
emergency
measure
as
provided
in
the
bill
(Code
section
163.3D
26
or
163.3E).
A
person
who
violates
the
provision
is
subject
to
27
a
civil
penalty
of
at
least
$100
but
not
more
than
$10,000,
28
with
each
day
of
the
offense
constituting
a
separate
violation,
29
so
long
as
the
total
amount
does
not
exceed
$250,000
(Code
30
section
163.61).
31
STATE
PSEUDORABIES
ADVISORY
COMMITTEE.
The
bill
eliminates
32
the
state
pseudorabies
advisory
committee.
The
committee
was
33
established
in
1989
during
the
outbreak
of
the
disease
to
34
provide
education
to
persons
interested
in
pork
production,
to
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advise
the
department,
and
to
maintain
communication
with
other
1
states
and
organizations
(Code
section
166D.3).
2
SUBTITLE
4
——
LOCAL
FARM
PRODUCE
PROGRAM.
The
bill
creates
3
a
local
farm
produce
program
to
assist
schools
and
school
4
districts
purchasing
fresh
farm
produce
directly
from
farmers
5
or
distributors
of
fresh
farm
produce
(Code
chapter
190A).
6
DALS
may
reimburse
a
school
or
school
district
for
expenditures
7
on
such
products
to
the
extent
moneys
are
available
to
support
8
the
program.
The
available
moneys
would
be
allocated
during
9
the
school
year
on
a
matching
basis,
subject
to
a
$1,000
cap.
10
The
bill
also
creates
a
local
farm
produce
fund
to
support
the
11
program.
12
FERTILIZERS
AND
SOIL
CONDITIONERS.
The
bill
authorizes
DALS
13
to
adopt
rules
regulating
the
design,
construction,
location,
14
installation,
and
operation
of
equipment
associated
with
15
the
use
of
fertilizers
and
soil
conditioners
(Code
sections
16
200.3
and
200.14).
Current
law
allows
DALS
to
adopt
such
17
rules
regulating
anhydrous
ammonia
equipment.
The
bill
also
18
eliminates
a
requirement
that
such
rules
be
in
conformity
with
19
the
published
standards
of
the
agricultural
ammonia
institute.
20
A
person
violating
such
rules
is
guilty
of
a
simple
misdemeanor
21
(Code
section
200.18).
22
WEIGHTS
AND
MEASURES
(GENERAL).
The
bill
amends
a
number
23
of
provisions
regulating
weights
and
measures,
including
the
24
inspection
of
associated
devices.
The
bill
reduces
the
fee
25
for
the
inspection
of
motor
fuel
pumps
from
$9
to
$4.50
(the
26
same
amount
due
under
current
law
if
the
inspection
fee
is
paid
27
early)
(Code
section
214.3).
The
bill
no
longer
requires
that
28
DALS
deliver
a
late
payment
notice
to
an
owner
or
operator
of
29
a
device
by
certified
mail
(Code
section
214.4).
The
bill
30
eliminates
a
requirement
that
a
weighmaster
(a
person
who
keeps
31
and
uses
a
device
as
part
of
a
business)
must
take
an
oath
(Code
32
sections
214.1
and
214.6).
33
WEIGHTS
AND
MEASURES
(MOTOR
FUEL).
The
bill
revises
34
requirements
for
the
labeling
of
kerosene
(Code
section
35
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214A.2A).
The
bill
repeals
a
provision
providing
for
the
1
advertising
of
motor
fuel
(Code
section
214A.3).
The
bill
also
2
repeals
a
provision
prohibiting
a
person
from
placing
gasoline
3
into
a
receptacle,
unless
the
receptacle
states
a
warning
(Code
4
section
214A.15).
5
WEIGHTS
AND
MEASURES
(INSPECTIONS).
The
bill
provides
that
6
DALS
may
but
is
no
longer
required
to
charge
a
license
fee
for
7
a
device
that
has
been
taken
out
of
service
due
to
a
repair
8
and
reinspected
(Code
section
215.4).
The
bill
allows
DALS
9
to
make
an
exception
in
a
case
where
a
commercial
transaction
10
involves
a
small
package,
and
the
person
would
otherwise
be
11
guilty
of
a
simple
misdemeanor
because
the
person
stated
12
a
false
weight
or
measure
(Code
section
215.7).
The
bill
13
provides
for
the
regulation
of
a
servicer
(a
person
employed
14
to
install,
service,
or
repair
a
device),
by
eliminating
15
an
examination
requirement
and
allowing
DALS
to
require
16
qualification
standards
which
may
include
an
examination
17
(Code
sections
215.1
and
215.23).
The
bill
provides
for
a
18
two-year
rather
than
annual
servicer
license
and
allows
DALS
to
19
establish
the
license
fee.
The
annual
license
fee
is
currently
20
$5.
The
bill
eliminates
a
provision
that
allows
DALS
to
charge
21
a
complaining
party
an
inspection
fee,
if
the
complaint
was
22
unfounded
(Code
section
215.3).
The
bill
repeals
a
provision
23
that
authorizes
DALS
to
establish
reasonable
variances
in
the
24
weighing
and
measuring
of
small
packages
(Code
section
215.8).
25
That
qualification
is
incorporated
in
the
amendments
to
the
26
provision
regulating
small
package
transactions
(Code
section
27
215.7).
28
CRIMINAL
PENALTIES.
A
simple
misdemeanor
is
punishable
by
29
confinement
for
no
more
than
30
days
or
a
fine
of
at
least
$65
30
but
not
more
than
$625
or
by
both.
31
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