Bill Text: IA HF550 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act providing for the department of agriculture and land stewardship’s administration of certain functions, relating to forest and fruit tree reservation requirements, the name of the state soil conservation committee, financing of soil conservation and water quality practices, the health of agricultural animals, issuance of two-year licenses and the collection of related fees imposed upon persons engaged in the marketing of agricultural animals and mining operations, license fees imposed upon pesticide dealers, tickets for delivering commodities in bulk, labeling of motor fuel pumps dispensing certain ethanol blended gasoline, the use of scales, providing for penalties, making penalties applicable, and including effective date provisions. (Formerly HSB 120; See HF 617.)

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2017-04-04 - Withdrawn. H.J. 863. [HF550 Detail]

Download: Iowa-2017-HF550-Introduced.html

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House File 550 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON
                                     AGRICULTURE

                                 (SUCCESSOR TO HSB 120)

                                      A BILL FOR

  1 An Act providing for the department of agriculture and land
  2    stewardship's administration of certain functions, relating
  3    to forest and fruit tree reservation requirements, the name
  4    of the state soil conservation committee, financing of soil
  5    conservation and water quality practices, the health of
  6    agricultural animals, issuance of two=year licenses and the
  7    collection of related fees imposed upon persons engaged in
  8    the marketing of agricultural animals and mining operations,
  9    license fees imposed upon pesticide dealers, tickets for
 10    delivering commodities in bulk, labeling of motor fuel
 11    pumps dispensing certain ethanol blended gasoline, the
 12    use of scales, providing for penalties, making penalties
 13    applicable, and including effective date provisions.
 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1331HV (1) 87
    da/rj

PAG LIN



  1  1    Section 1.  Section 159.5, subsection 12, Code 2017, is
  1  2 amended to read as follows:
  1  3    12.   Create and maintain a division of soil conservation
  1  4 and water quality as provided in chapter 161A.  The division's
  1  5 director shall be appointed by the secretary from a list of
  1  6 names of persons recommended by the soil conservation and water
  1  7 quality committee, pursuant to section 161A.4, and shall serve
  1  8 at the pleasure of the secretary. The director shall be the
  1  9 administrator responsible for carrying out the provisions of
  1 10 chapters 207 and 208.
  1 11    Sec. 2.  Section 159.6, subsection 1, Code 2017, is amended
  1 12 by striking the subsection.
  1 13    Sec. 3.  Section 161A.3, subsection 4, Code 2017, is amended
  1 14 to read as follows:
  1 15    4.  "Committee" or "state soil conservation committee"
  1 16  means the state soil conservation and water quality committee
  1 17 established by in section 161A.4.
  1 18    Sec. 4.  Section 161A.4, subsection 1, Code 2017, is amended
  1 19 to read as follows:
  1 20    1.  The division of soil conservation and water quality
  1 21 created within the department pursuant to section 159.5 shall
  1 22 perform the functions conferred upon it in this chapter and
  1 23 chapters 161C, 161E, 161F, 207, and 208. The division shall
  1 24 be administered in accordance with the policies of the state
  1 25 soil conservation committee, which shall advise the division
  1 26 and which shall approve administrative rules proposed by
  1 27 the division for the administration of this chapter and
  1 28 chapters 161C, 161E, 161F, 207, and 208 before the rules are
  1 29 adopted pursuant to section 17A.5. If a difference exists
  1 30 between the committee and secretary regarding the content of
  1 31 a proposed rule, the secretary shall notify the chairperson
  1 32 of the committee of the difference within thirty days from
  1 33 the committee's action on the rule. The secretary and the
  1 34 committee shall meet to resolve the difference within thirty
  1 35 days after the secretary provides the committee with notice of
  2  1 the difference.
  2  2    Sec. 5.  Section 161A.4, subsection 4, unnumbered paragraph
  2  3 1, Code 2017, is amended to read as follows:
  2  4    A state soil conservation and water quality committee is
  2  5 established within the department.
  2  6    Sec. 6.  Section 161A.4, subsection 6, paragraph c, Code
  2  7 2017, is amended to read as follows:
  2  8    c.  The committee shall recommend three persons to the
  2  9 secretary of agriculture who shall appoint from the persons
  2 10 recommended a director to head the division and serve at
  2 11 the pleasure of the secretary. After reviewing the names
  2 12 submitted, the secretary may request that the soil conservation
  2 13  committee submit additional names for consideration.
  2 14    Sec. 7.  Section 161A.5, subsections 1 and 2, Code 2017, are
  2 15 amended to read as follows:
  2 16    1.  The one hundred soil and water conservation districts
  2 17 established in the manner which was prescribed by law prior to
  2 18 July 1, 1975 shall continue in existence with the boundaries
  2 19 and the names in effect on July 1, 1975. If the existence of
  2 20 a district so established is discontinued pursuant to section
  2 21 161A.10, a petition for reestablishment of the district or for
  2 22 annexation of the former district's territory to any other
  2 23 abutting district may be submitted to, and shall be acted upon
  2 24 by, the state soil conservation committee in substantially the
  2 25 manner provided by section 467A.5, Code 1975.
  2 26    2.  The governing body of each district shall consist of
  2 27 five commissioners elected on a nonpartisan basis for staggered
  2 28 four=year terms commencing on the first day of January that is
  2 29 not a Sunday or holiday following their election. Any eligible
  2 30 elector residing in the district is eligible to the office of
  2 31 commissioner, except that no more than one commissioner shall
  2 32 at any one time be a resident of any one township. A vacancy
  2 33 is created in the office of any commissioner who changes
  2 34 residence into a township where another commissioner then
  2 35 resides. If a commissioner is absent for sixty or more percent
  3  1 of monthly meetings during any twelve=month period, the other
  3  2 commissioners by their unanimous vote may declare the member's
  3  3 office vacant. A vacancy in the office of commissioner
  3  4 shall be filled by appointment of the state soil conservation
  3  5  committee until the next succeeding general election, at which
  3  6 time the balance of the unexpired term shall be filled as
  3  7 provided by section 69.12.
  3  8    Sec. 8.  Section 161A.7, subsection 1, paragraph k, Code
  3  9 2017, is amended to read as follows:
  3 10    k.  Subject to the approval of the state soil conservation
  3 11  committee, to change the name of the soil and water
  3 12 conservation district.
  3 13    Sec. 9.  Section 161A.7, subsection 3, Code 2017, is amended
  3 14 to read as follows:
  3 15    3.  The commissioners, as a condition for the receipt of
  3 16 any state cost=sharing funds for permanent soil conservation
  3 17 practices, shall require the owner of the land on which the
  3 18 practices are to be established to covenant and file, in the
  3 19 office of the soil and water conservation district of the
  3 20 county in which the land is located, an agreement identifying
  3 21 the particular lands upon which the practices for which state
  3 22 cost=sharing funds are to be received will be established,
  3 23 and providing that the project will not be removed, altered,
  3 24 or modified so as to lessen its effectiveness without the
  3 25 consent of the commissioners, obtained in advance and based on
  3 26 guidelines drawn up by the state soil conservation committee,
  3 27 for a period not to exceed twenty years after the date of
  3 28 receiving payment. The commissioners shall assist the division
  3 29 in the enforcement of this subsection. The agreement does not
  3 30 create a lien on the land, but is a charge personally against
  3 31 the owner of the land at the time of removal, alteration, or
  3 32 modification if an administrative order is made under section
  3 33 161A.61, subsection 3.
  3 34    Sec. 10.  Section 161A.22, Code 2017, is amended to read as
  3 35 follows:
  4  1    161A.22  General powers applicable == warrants or bonds.
  4  2    1.  A subdistrict organized under this chapter has all of the
  4  3 powers of a soil and water conservation district in addition to
  4  4 other powers granted to the subdistrict in other sections of
  4  5 this chapter.
  4  6    2.  The governing body of the subdistrict, upon
  4  7 determination that benefits from works of improvement as set
  4  8 forth in the watershed work plan to be installed will exceed
  4  9 costs thereof, and that funds needed for purposes of the
  4 10 subdistrict require levy of a special benefit assessment as
  4 11 provided in section 161A.23, in lieu of the special annual
  4 12 tax as provided in section 161A.20, shall record its decision
  4 13 to use its taxing authority and, upon majority vote of
  4 14 the governing body and with the approval of the state soil
  4 15 conservation committee, may issue warrants or bonds payable
  4 16 in not more than forty semiannual installments in connection
  4 17 with the special benefit assessment, and pledge and assign the
  4 18 proceeds of the special benefit assessment and other revenues
  4 19 of the subdistrict as security for the warrants or bonds. The
  4 20 warrants and bonds of indebtedness are general obligations
  4 21 of the subdistrict, exempt from all taxes, state and local,
  4 22 and are not indebtedness of the soil and water conservation
  4 23  district or the state of Iowa.
  4 24    Sec. 11.  Section 161A.44, unnumbered paragraph 1, Code
  4 25 2017, is amended to read as follows:
  4 26    The commissioners of each soil and water conservation
  4 27  district shall, with approval of and within time limits set by
  4 28 administrative order of the state soil conservation committee,
  4 29 adopt reasonable regulations as are deemed necessary to
  4 30 establish a soil loss limit or limits for the district and
  4 31 provide for the implementation of the limit or limits, and. A
  4 32 district may subsequently amend or repeal their its regulations
  4 33 as they deem it deems necessary. The committee shall review
  4 34 the soil loss limit regulations adopted by the soil and water
  4 35 conservation districts at least once every five years, and
  5  1 shall recommend changes in the regulations of a soil and water
  5  2 conservation district which the committee deems necessary to
  5  3 assure that the district's soil loss limits are reasonable and
  5  4 attainable. The commissioners may:
  5  5    Sec. 12.  Section 161A.44, subsection 2, Code 2017, is
  5  6 amended to read as follows:
  5  7    2.  Establish different soil loss limits for different
  5  8 classes of land in the district if in their judgment and that
  5  9 of the state soil conservation committee a lower soil loss
  5 10 limit should be applied to some land than can reasonably be
  5 11 applied to other land in the district, it being the intent of
  5 12 the general assembly that no land in the state be assigned a
  5 13 soil loss limit that cannot reasonably be applied to such land.
  5 14    Sec. 13.  Section 161A.44, subsection 3, paragraph c,
  5 15 subparagraph (3), Code 2017, is amended to read as follows:
  5 16    (3)  That any owner or operator of agricultural land refrain
  5 17 from fall plowing of land on which the owner or operator
  5 18 intends to raise a crop during the next succeeding growing
  5 19 season, however on those lands which are prone to excessive
  5 20 wind erosion the commissioners may require that reasonable
  5 21 temporary measures be taken to minimize the likelihood of wind
  5 22 erosion so long as such measures do not unduly increase the
  5 23 cost of operation of the farm on which the land is located.
  5 24 However, fall plowing of soil which is commonly known as gumbo
  5 25 shall always be permitted.
  5 26    Sec. 14.  Section 161A.71, subsection 4, Code 2017, is
  5 27 amended to read as follows:
  5 28    4.  This section does not negate the provisions of
  5 29 section 161A.48 that an owner or occupant of land in this
  5 30 state shall not be required to establish any new soil and
  5 31 water conservation practice unless public cost=sharing
  5 32 funds have been approved and are available for the land
  5 33 affected. However, the owner of land with respect to which an
  5 34 administrative order to establish soil and water conservation
  5 35 practices has been issued under section 161A.47 but not
  6  1 complied with for lack of public cost=sharing funds, may waive
  6  2 the right to await availability of such funds and instead apply
  6  3 for a loan under this section to establish any permanent soil
  6  4 and water conservation practices necessary to comply with the
  6  5 order. If a landowner does so, that loan application shall
  6  6 be given reasonable preference by the state soil conservation
  6  7  committee if there are applications for more loans under
  6  8 this section than can be made from the money available in
  6  9 the conservation practices revolving loan fund. If it is
  6 10 found necessary to deny an application for a soil and water
  6 11 conservation practices loan to a landowner who has waived the
  6 12 right to availability of public cost=sharing funds before
  6 13 complying with an administrative order issued under section
  6 14 161A.47, the landowner's waiver is void.
  6 15    Sec. 15.  Section 161A.73, subsection 1, paragraphs a and b,
  6 16 Code 2017, are amended to read as follows:
  6 17    a.  The allocation of cost=share moneys as financial
  6 18 incentives provided for the purpose of establishing permanent
  6 19 soil and water conservation practices, including but
  6 20 not limited to terraces, diversions, grade stabilization
  6 21 structures, grassed waterways, and critical area planting. The
  6 22  Except for edge=of=field practices, financial incentives shall
  6 23 not exceed fifty percent of the estimated cost of establishing
  6 24 the practices, or fifty percent of the actual cost, whichever
  6 25 is less.
  6 26    b.  The allocation of moneys as financial incentives provided
  6 27 for the purpose of establishing management practices to control
  6 28 soil erosion on land that is row cropped, including but not
  6 29 limited to cover crops, no=till planting, ridge=till planting,
  6 30 contouring, and contour strip=cropping. The division shall by
  6 31 rule establish limits on the amount of incentives which shall
  6 32 be authorized for payment to landowners upon establishment of
  6 33 the practice.
  6 34    Sec. 16.  Section 161C.1, subsection 1, Code 2017, is amended
  6 35 to read as follows:
  7  1    1.  "Committee" or "state soil conservation committee"
  7  2  means the state soil conservation and water quality committee
  7  3 established by in section 161A.4.
  7  4    Sec. 17.  Section 161C.4, subsection 1, Code 2017, is amended
  7  5 to read as follows:
  7  6    1.  A water protection fund is created within the division.
  7  7 The fund is composed of money appropriated by the general
  7  8 assembly for that purpose, and moneys available to and obtained
  7  9 or accepted by the state soil conservation committee from the
  7 10 United States or private sources for placement in the fund.
  7 11 The fund shall be a revolving fund from which moneys may be
  7 12 used for loans, grants, administrative costs, and cost=sharing.
  7 13    Sec. 18.  Section 163.30, subsection 3, paragraphs a and c,
  7 14 Code 2017, are amended to read as follows:
  7 15    a.  The fee for a dealer's license is five ten dollars each
  7 16 year. A dealer's license expires on the first day of the
  7 17 second July following the date of issue. A An initial license
  7 18 shall be numbered and the dealer any subsequent or renewed
  7 19 license issued to that dealer shall retain the same license
  7 20  number from year to year.
  7 21    c.  Each employee or agent doing business by buying for
  7 22 resale, selling, or exchanging feeder swine in the name of
  7 23 a licensed dealer shall be required to secure must obtain a
  7 24 permit issued by the department showing the person is employed
  7 25 by or represents a licensed dealer. All such permits A permit
  7 26  shall be issued upon the department's approval of a completed
  7 27 application. An application forms form shall be furnished by
  7 28 the department at a cost of three. The fee for a permit is six
  7 29  dollars per annum, and. A permit shall expire on the first day
  7 30 of the second July following the date of issue.
  7 31    Sec. 19.  Section 163.30, subsection 5, paragraph b, Code
  7 32 2017, is amended to read as follows:
  7 33    b.  Registered swine for exhibition or breeding purposes
  7 34 which can be individually identified by an ear notch or tattoo
  7 35 or other a method approved by the department are excepted from
  8  1 the identification requirement.
  8  2    Sec. 20.  Section 163.41, Code 2017, is amended to read as
  8  3 follows:
  8  4    163.41  License required.
  8  5    1.  A person shall not engage in the business of leasing a
  8  6 breeding bull without having obtained a license from issued
  8  7 by the department and registering each breeding bull with the
  8  8 department as provided in this subchapter section 163.42. An
  8  9 annual The license may be obtained from the department upon
  8 10 completing an application and payment of a ten=dollar for
  8 11 approval by the department.  The license fee is twenty dollars.
  8 12 Each The license shall expire on the first day of the second
  8 13  July following the date of issue.
  8 14    2.  An application for a license shall be made on a form
  8 15 provided by the department and shall contain the name of the
  8 16 person engaged in the business of leasing breeding bulls as
  8 17 lessor, the address of such business, the registration number
  8 18 of each breeding bull, and a description as to breed, color and
  8 19 other distinguishing marks, leased as lessor, and such other
  8 20 information as the secretary of agriculture may specify by rule
  8 21 promulgated adopted pursuant to chapter 17A.
  8 22    3.  For the purposes of this section, a person is engaged
  8 23 in the business of leasing a breeding bull within this state
  8 24 as lessor if the person leases any breeding bull to an Iowa
  8 25 resident more than once in any calendar year for a fee.
  8 26    Sec. 21.  Section 164.1, Code 2017, is amended by adding the
  8 27 following new subsection:
  8 28    NEW SUBSECTION.  5A.  "Department" means the department of
  8 29 agriculture and land stewardship.
  8 30    Sec. 22.  Section 164.3, Code 2017, is amended to read as
  8 31 follows:
  8 32    164.3  Female designated animals vaccinated.
  8 33    Native female bovine animals of any breed between the
  8 34 ages of four months and ten twelve months may be officially
  8 35 vaccinated for brucellosis according to procedures approved by
  9  1 the United States department of agriculture. Native female
  9  2 designated animals other than bovine animals may be vaccinated
  9  3 as provided by rules adopted by the department. The expense of
  9  4 the vaccination shall be borne in the same manner as provided
  9  5 in section 164.6.
  9  6    Sec. 23.  Section 166.1, Code 2017, is amended by adding the
  9  7 following new subsections:
  9  8    NEW SUBSECTION.  2A.  "Department" means the department of
  9  9 agriculture and land stewardship.
  9 10    NEW SUBSECTION.  5.  "Secretary" means the secretary of
  9 11 agriculture.
  9 12    Sec. 24.  Section 166.42, subsection 2, Code 2017, is amended
  9 13 to read as follows:
  9 14    2.  The secretary is authorized to sell or otherwise dispose
  9 15 of classical=swine=fever vaccine and or serum at such time as
  9 16 the state is declared a classical=swine=fever=free state by
  9 17 the United States department of agriculture, or if the potency
  9 18 of such vaccine and or serum is in doubt. Money received
  9 19 under provisions of this section shall be paid into the state
  9 20 treasury.
  9 21    Sec. 25.  Section 166A.1, Code 2017, is amended by adding the
  9 22 following new subsection:
  9 23    NEW SUBSECTION.  6A.  "Department" means the department of
  9 24 agriculture and land stewardship.
  9 25    Sec. 26.  Section 166A.2, Code 2017, is amended to read as
  9 26 follows:
  9 27    166A.2  Sheep dealer's license.
  9 28    1.  Any person engaged A person shall not act as a dealer
  9 29 shall be required to obtain unless the person obtains a license
  9 30 from issued by the department. The fee for such license shall
  9 31 be five fee is ten dollars per year and all licenses shall
  9 32 expire. A license expires on the first day of the second July
  9 33 following date of issue. Licenses An initial license shall
  9 34 be numbered and the dealer any subsequent or renewed license
  9 35 issued to the dealer shall retain the same number from year to
 10  1 year.  An application for a license must be prepared on a form
 10  2 furnished by the department.
 10  3 Applications for licenses shall be made upon blanks
 10  4 furnished by the department.
 10  5    2.  For good and sufficient grounds the department may refuse
 10  6 to grant a license to any applicant, and it may also revoke a
 10  7 license to any applicant obtained by a dealer for a violation
 10  8 of any provision of this chapter, or for the refusal or failure
 10  9 of any licensee a dealer to obey the lawful directions of the
 10 10 department.
 10 11    3.  Any person who is licensed as a sheep dealer under
 10 12 chapter 172A shall be exempt from this section.
 10 13    Sec. 27.  Section 168.3, Code 2017, is amended to read as
 10 14 follows:
 10 15    168.3  Term and License fee and expiration.
 10 16    The fee for obtaining a license fee issued under section
 10 17 168.2 shall be ten twenty dollars per annum, and each such
 10 18  license shall expire on the second July 1 after the date of
 10 19 issue.
 10 20    Sec. 28.  Section 172A.1, Code 2017, is amended by adding the
 10 21 following new subsections:
 10 22    NEW SUBSECTION.  3A.  "Department" means the department of
 10 23 agriculture and land stewardship.
 10 24    NEW SUBSECTION.  5.  "Secretary" means the secretary of
 10 25 agriculture.
 10 26    Sec. 29.  Section 172A.2, Code 2017, is amended to read as
 10 27 follows:
 10 28    172A.2  License required.
 10 29    1.  No A person shall not act as a dealer or broker
 10 30 without first being licensed obtaining a license issued by
 10 31 the secretary. No A person shall not act for any dealer or
 10 32 broker as an agent unless such dealer or broker is licensed,
 10 33 has designated such agent to act in the dealer's or broker's
 10 34 behalf, and has notified the secretary of the designation in
 10 35 the dealer's or broker's application for license or has given
 11  1 official notice in writing of the appointment of the agent
 11  2 and the secretary has issued to the agent an agent's license.
 11  3 A dealer or broker shall be accountable and responsible
 11  4 for contracts made by an agent in the course of the agent's
 11  5 employment. The license of an agent whose employment by the
 11  6 dealer or broker is terminated shall be void on the date
 11  7 written notice of termination is received by the secretary.
 11  8    2.  The license of a dealer, broker, or agent, unless
 11  9 revoked, shall expire on the last day of the second June
 11 10 following the date of issue. The annual fee for the obtaining
 11 11 a license of as a dealer or broker is fifty one hundred
 11 12  dollars. The annual fee for an agent's obtaining a license as
 11 13 an agent is ten twenty dollars.
 11 14    3.  No A person may shall not be issued a license if that
 11 15 person previously has had a license revoked, or previously was
 11 16 issued a license and the secretary suspended that license,
 11 17 unless the order of suspension or revocation is thereafter
 11 18 terminated by the secretary.
 11 19    Sec. 30.  Section 189A.18, Code 2017, is amended to read as
 11 20 follows:
 11 21    189A.18  Humane slaughter practices.
 11 22    Every establishment subject to the provisions of this
 11 23 chapter engaged in the slaughter of bovine, porcine, caprine,
 11 24  or ovine animals or farm deer shall slaughter all such animals
 11 25 in an approved humane slaughtering method. For purposes of
 11 26 this section, an approved humane slaughtering method shall
 11 27 include and be limited to slaughter by shooting, electrical
 11 28 shock, captive bolt, or use of carbon dioxide gas prior to the
 11 29 animal being shackle hoisted, thrown, cast, or cut; however,
 11 30 the slaughtering, handling, or other preparation of livestock
 11 31 in accordance with the ritual requirements of the Jewish or
 11 32 any other faith that prescribes and requires a method whereby
 11 33 slaughter becomes effected by severance of the carotid arteries
 11 34 with a sharp instrument is hereby designated and approved as a
 11 35 humane method of slaughter under the law.
 12  1    Sec. 31.  Section 196.3, Code 2017, is amended to read as
 12  2 follows:
 12  3    196.3  Egg handler's license and == fee and expiration.
 12  4    1.  Every egg handler shall obtain an annual a license from
 12  5  issued by the department. The license fee for the license
 12  6  shall be determined on the basis of the total number of eggs
 12  7 purchased or handled during the preceding month of April in
 12  8 each calendar year as follows:
 12  9    a.  Less than one hundred twenty=five
 12 10  cases  $20.20
 12 11  $40.40
 12 12    b.  One hundred twenty=five cases or
 12 13  more but less than two hundred fifty
 12 14  cases  $47.25
 12 15  $94.50
 12 16    c.  Two hundred fifty cases or more but
 12 17  less than one thousand cases  $67.50
 12 18  $135.00
 12 19    d.  One thousand cases or more but less
 12 20  than five thousand cases $135.00
 12 21  $270.00
 12 22    e.  Five thousand cases or more but less
 12 23  than ten thousand cases $236.25
 12 24  $472.50
 12 25    f.  Ten thousand cases or more $337.50
 12 26  $675.00
 12 27    2.  The license shall expire one year two years after its the
 12 28 license's date of issue.
 12 29    3.  For the purpose of determining fees the license fee, a
 12 30 case shall be thirty dozen eggs.
 12 31    4.  All license fees collected under this section shall be
 12 32 remitted to the treasurer of state for deposit in the general
 12 33 fund of the state.
 12 34    3.  5.  If an egg handler is not operating during the month
 12 35 of April preceding the date that the license is to be issued,
 13  1 the department shall estimate the volume of eggs purchased or
 13  2 handled, or both, and may revise the license fee based on three
 13  3 months of operation.
 13  4    Sec. 32.  Section 197.1, Code 2017, is amended to read as
 13  5 follows:
 13  6    197.1  License.
 13  7    1.  Every person, partnership, or corporation engaged in
 13  8 the business of buying poultry or domestic fowls fowl for the
 13  9 market from the a producer, shall obtain a poultry dealer's
 13 10  license from the department for each establishment at which
 13 11 business is conducted.
 13 12    2.  The word "producer" as used in this chapter shall include
 13 13 anyone not a licensed dealer who has acquired such poultry or
 13 14 domestic fowls other than through a licensed dealer.
 13 15    Sec. 33.  NEW SECTION.  197.1A  Definitions.
 13 16    1.  "Department" means the department of agriculture and land
 13 17 stewardship.
 13 18    2.  "Producer" means a person, not a licensed dealer under
 13 19 section 197.1, who acquires poultry or domestic fowl other than
 13 20 through a licensed dealer.
 13 21    Sec. 34.  Section 197.2, Code 2017, is amended to read as
 13 22 follows:
 13 23    197.2  Fee License == fee and expiration.
 13 24    The license fee shall be three six dollars per annum, and
 13 25 each. A license shall expire on the first day of the second
 13 26  March 1 after following the date of issue.
 13 27    Sec. 35.  Section 198.2, Code 2017, is amended to read as
 13 28 follows:
 13 29    198.2  Enforcing official.
 13 30 This chapter shall be administered by the secretary of
 13 31 agriculture.
 13 32    Sec. 36.  Section 198.3, Code 2017, is amended by adding the
 13 33 following new subsections:
 13 34    NEW SUBSECTION.  6A.  "Department" means the department of
 13 35 agriculture and land stewardship.
 14  1    NEW SUBSECTION.  19A.  "Secretary" means the secretary of
 14  2 agriculture.
 14  3    Sec. 37.  Section 198.4, subsections 2 and 4, Code 2017, are
 14  4 amended to read as follows:
 14  5    2.  A person shall obtain a license issued by the secretary,
 14  6 for each facility which distributes in or into the state,
 14  7 authorizing the person to manufacture or distribute commercial
 14  8 feed before the person engages in such activity. Any person
 14  9 who makes only retail sales of commercial feed which bears
 14 10 labeling or other approved indication that the commercial feed
 14 11 is from a licensed manufacturer, guarantor, or distributor who
 14 12 has assumed full responsibility for the tonnage inspection fee
 14 13 due under section 198.9 is not required to obtain a license.
 14 14    4.  A person obtaining a license under this section shall
 14 15 pay to the secretary a license fee of ten twenty dollars. Fees
 14 16 relating to the issuance of licenses The fee shall be paid by
 14 17 July 1 of each year and the license shall expire two years
 14 18 after that date.
 14 19    Sec. 38.  Section 199.1, subsection 16, paragraph a, Code
 14 20 2017, is amended by adding the following new subparagraph:
 14 21    NEW SUBPARAGRAPH.  (9)  Palmer amaranth == Amaranthus
 14 22 palmeri.
 14 23    Sec. 39.  Section 200.3, Code 2017, is amended by adding the
 14 24 following new subsections:
 14 25    NEW SUBSECTION.  6A.  "Department" means the department of
 14 26 agriculture and land stewardship.
 14 27    NEW SUBSECTION.  23A.  "Secretary" means the secretary of
 14 28 agriculture.
 14 29    Sec. 40.  Section 200.4, Code 2017, is amended to read as
 14 30 follows:
 14 31    200.4  Licenses License == fee and expiration.
 14 32    1.  Any person who manufactures, mixes, blends, mixes to
 14 33 customer's order, offers for sale, sells, or distributes any
 14 34 fertilizer or soil conditioner in Iowa this state must first
 14 35 obtain a license from issued by the secretary of agriculture
 15  1  and shall pay a ten=dollar twenty dollar license fee for each
 15  2 place of manufacture or distribution from which fertilizer or
 15  3 soil conditioner products are sold or distributed in Iowa this
 15  4 state. Such The license fee shall be paid annually expire on
 15  5 the first day of the second July 1 of each year following the
 15  6 date of issue.
 15  7    2.  Said The licensee shall at all times produce an intimate
 15  8 and uniform mixture of fertilizers or soil conditioners. When
 15  9 two or more fertilizer materials are delivered in the same
 15 10 load, they shall be thoroughly and uniformly mixed unless they
 15 11 are in separate compartments.
 15 12    Sec. 41.  Section 200.5, Code 2017, is amended by adding the
 15 13 following new subsection:
 15 14    NEW SUBSECTION.  8A.  The secretary shall establish minimum
 15 15 requirements for the registration of fertilizers and soil
 15 16 conditioners by efficacy testing or the substantiation of data
 15 17 relevant to Iowa crops and soils.
 15 18    Sec. 42.  Section 200A.13, Code 2017, is amended by adding
 15 19 the following new subsection:
 15 20    NEW SUBSECTION.  3.  The department may assess a civil
 15 21 penalty for a violation of this chapter which shall not exceed
 15 22 five hundred dollars. Each day that a violation continues
 15 23 shall constitute a separate violation. Moneys collected in
 15 24 civil penalties shall be deposited in the general fund of the
 15 25 state.
 15 26    Sec. 43.  Section 206.2, Code 2017, is amended by adding the
 15 27 following new subsection:
 15 28    NEW SUBSECTION.  26A.  "Secretary" means the secretary of
 15 29 agriculture.
 15 30    Sec. 44.  Section 206.8, subsection 2, Code 2017, is amended
 15 31 to read as follows:
 15 32    2.  The annual license fee for a pesticide dealer is due
 15 33 and payable by June 30 of each year to the department. The
 15 34 annual license fee is based on the gross retail sales of all
 15 35 pesticides sold for use in this state by the dealer in the
 16  1 previous year. The license fee shall be set as follows:
 16  2    a.  (1)  A pesticide dealer with less than one hundred
 16  3 thousand dollars in gross retail pesticide sales shall have the
 16  4 option to pay a license fee based on one=tenth of one percent
 16  5 of the gross retail pesticide sales in the previous year or to
 16  6  pay a license fee according to the following schedule:
 16  7    (a)  Ten dollars, if the annual gross retail pesticide sales
 16  8 are less than ten thousand dollars.
 16  9    (b)  Twenty=five dollars, if the annual gross retail
 16 10 pesticide sales are ten thousand dollars or more but less than
 16 11 twenty=five thousand dollars.
 16 12    (b)  (c)  Fifty dollars, if the annual gross retail pesticide
 16 13 sales are twenty=five thousand dollars or more but less than
 16 14 fifty thousand dollars.
 16 15    (c)  (d)  Seventy=five dollars, if the annual gross retail
 16 16 pesticide sales are fifty thousand dollars or more but less
 16 17 than seventy=five thousand dollars.
 16 18    (d)  (e)  One hundred dollars, if the annual gross retail
 16 19 pesticide sales are seventy=five thousand dollars or more but
 16 20 less than one hundred thousand dollars.
 16 21    (2)  The secretary shall provide for a three=month grace
 16 22 period for licensure and shall impose a late fee of ten dollars
 16 23 upon the licensure of a dealer applying for licensure during
 16 24 the month of October, a late fee of fifteen dollars upon
 16 25 the licensure of a dealer applying for licensure during the
 16 26 month of November, a late fee of twenty=five dollars upon the
 16 27 licensure of a dealer applying for licensure during the month
 16 28 of December, and a late fee of twenty=five dollars upon the
 16 29 licensure of a dealer applying for licensure for each month
 16 30 after the month of December.
 16 31    b.  (1)  A pesticide dealer with one hundred thousand dollars
 16 32 or more in gross retail pesticide sales shall pay a license fee
 16 33 based on one=tenth of one percent of the gross retail pesticide
 16 34 sales in the previous year.
 16 35    (2)  The secretary shall provide for a three=month grace
 17  1 period for licensure and shall impose a late fee of two percent
 17  2 of the license fee upon the licensure of a dealer applying
 17  3 for licensure during the month of October, a late fee of four
 17  4 percent of the license fee upon the licensure of a dealer
 17  5 applying for licensure during the month of November, a late
 17  6 fee of five percent of the license fee upon the licensure of
 17  7 a dealer applying for licensure during the month of December,
 17  8 and a late fee of five percent upon the licensure of a dealer
 17  9 applying for licensure for each month after the month of
 17 10 December of the license fee calculated in subparagraph (1).
 17 11    Sec. 45.  Section 207.2, subsection 2, Code 2017, is amended
 17 12 to read as follows:
 17 13    2.  "Committee" means the state soil conservation and water
 17 14 quality committee established in section 161A.4.
 17 15    Sec. 46.  Section 208.2, subsection 3, Code 2017, is amended
 17 16 to read as follows:
 17 17    3.  "Committee" means the state soil conservation and water
 17 18 quality committee established in section 161A.4.
 17 19    Sec. 47.  Section 208.7, Code 2017, is amended to read as
 17 20 follows:
 17 21    208.7  Mining license == fees and expirations.
 17 22    An operator shall not engage in mining as defined by section
 17 23 208.2 without first obtaining a license from the division.
 17 24 Licenses A license shall be issued and renewed upon approval
 17 25 by the division following the submission of a completed
 17 26  application by the operator. Applications An application shall
 17 27 be submitted on a form provided by the division and shall be
 17 28 accompanied by a license fee of fifty dollars. Each applicant
 17 29 shall be required to furnish on the form information necessary
 17 30 to identify the applicant. Licenses The initial license shall
 17 31 expire on December 31 of each the year and of issue. An initial
 17 32 license shall be renewed by the division as required by the
 17 33 division.  The renewed license shall expire the last day of
 17 34 the second December following the date of issue.  The division
 17 35 shall renew a license upon approving an application submitted
 18  1 within thirty days prior to the expiration date and.  The
 18  2 application for a renewed license must be accompanied by a fee
 18  3 of ten twenty dollars. However, a political subdivision shall
 18  4 not be required to pay a license application or renewal fee.
 18  5    Sec. 48.  NEW SECTION.  212.1A  Definitions.
 18  6 As used in this chapter, unless the context otherwise
 18  7 requires, "department" means the department of agriculture and
 18  8 land stewardship.
 18  9    Sec. 49.  Section 212.2, Code 2017, is amended to read as
 18 10 follows:
 18 11    212.2  Delivery tickets required.
 18 12    No A person shall not deliver any bulk commodities, other
 18 13 than liquids, by vehicle unless otherwise provided for, without
 18 14 each such delivery being accompanied by two duplicate delivery
 18 15 tickets, on each of which.  Each delivery ticket shall be
 18 16 written in ink or other indelible substance and include all of
 18 17  the following:
 18 18    1.  The actual weight distinctly expressed in pounds or
 18 19 kilograms of the gross weight of the load, the.
 18 20    2.  The tare of the delivery vehicle, and the net amount
 18 21 in weight of the commodity or, if the commodity is weighed by
 18 22 hopper scale or belt conveyor, the net weight of the commodity
 18 23 expressed in pounds or kilograms without expression of the tare
 18 24 of the delivery vehicle or the gross weight of the load.
 18 25    3.  The delivery ticket shall display the names of the
 18 26 purchaser and the dealer from whom the commodity was purchased.
 18 27    4.  The date delivered and the type of commodity being
 18 28 delivered.
 18 29    Sec. 50.  Section 212.3, Code 2017, is amended to read as
 18 30 follows:
 18 31    212.3  Disposition of delivery tickets.
 18 32    One of said duplicate tickets delivery ticket described in
 18 33 section 212.3 shall be delivered to the vendee and the other
 18 34 one duplicative delivery ticket shall be returned to the vendor
 18 35 or retained electronically by the vendor if approval from the
 19  1 department has previously been granted. Upon demand of the
 19  2 department the person in charge of the load shall surrender one
 19  3 of said the duplicate delivery tickets to the person making
 19  4 such demand. If said the duplicative delivery ticket is
 19  5 retained, an official weight slip shall be delivered by said
 19  6  the department to the vendee or the vendee's agent.
 19  7    Sec. 51.  Section 214A.16, subsection 1, paragraph c, Code
 19  8 2017, is amended to read as follows:
 19  9    c.  If the motor fuel pump dispenses ethanol blended gasoline
 19 10 classified as higher than standard ethanol blended gasoline
 19 11 pursuant to section 214A.2, the decal shall contain the
 19 12 following notice: language that the ethanol blended gasoline is
 19 13 for use in flexible fuel vehicles.
 19 14 FOR FLEXIBLE FUEL VEHICLES ONLY.
 19 15    Sec. 52.  Section 215.19, Code 2017, is amended to read as
 19 16 follows:
 19 17    215.19  Automatic recorders on scales.
 19 18    Except for scales used by packers slaughtering fewer than
 19 19 one hundred twenty head of livestock per day, all scales
 19 20 with a capacity over five hundred pounds, which are used for
 19 21 commercial purposes in the this state of Iowa, and installed
 19 22 after January 1, 1981, shall be equipped with either a
 19 23 type=registering weigh beam, a dial with a mechanical ticket
 19 24 printer, an automatic weight recorder, or some similar device
 19 25 which shall be used for printing or stamping the weight values
 19 26 on scale tickets.  A scale equipped with a malfunctioning
 19 27 automatic weight recorder may be used for not more than seven
 19 28 days if the device is unable to print or stamp the ticket
 19 29 so long as a repair to the automatic recorder is immediately
 19 30 initiated and the user dates, signs, and accurately handwrites
 19 31 the required information on the ticket until the device is
 19 32 operational.
 19 33    Sec. 53.  Section 266.39, subsection 3, paragraph a,
 19 34 subparagraph (7), Code 2017, is amended to read as follows:
 19 35    (7)  One man and one woman, actively engaged in agricultural
 20  1 production, appointed by the state soil conservation and water
 20  2 quality committee established in section 161A.4.
 20  3    Sec. 54.  Section 308.1, Code 2017, is amended to read as
 20  4 follows:
 20  5    308.1  Planning commission.
 20  6    The Mississippi parkway planning commission shall be
 20  7 composed of ten members appointed by the governor, five members
 20  8 to be appointed for two=year terms beginning July 1, 1959, and
 20  9 five members to be appointed for four=year terms beginning
 20 10 July 1, 1959. In addition to the above members there shall be
 20 11 seven advisory ex officio members who shall be as follows:  One
 20 12 member from the state transportation commission, one member
 20 13 from the natural resource commission, one member from the state
 20 14 soil conservation and water quality committee, one member from
 20 15 the state historical society of Iowa, one member from the
 20 16 faculty of the landscape architectural division of the Iowa
 20 17 state university of science and technology, one member from
 20 18 the economic development authority, and one member from the
 20 19 environmental protection commission. Members and ex officio
 20 20 members shall serve without pay, but the actual and necessary
 20 21 expenses of members and ex officio members may be paid if the
 20 22 commission so orders and if the commission has funds available
 20 23 for that purpose.
 20 24    Sec. 55.  Section 460.303, subsection 1, Code 2017, is
 20 25 amended to read as follows:
 20 26    1.  An agricultural drainage well water quality assistance
 20 27 fund is created in the state treasury under the control of
 20 28 the division. The fund is composed of moneys appropriated by
 20 29 the general assembly, and moneys available to and obtained or
 20 30 accepted by the division or the state soil conservation and
 20 31 water quality committee established pursuant to in section
 20 32 161A.4, from the United States or private sources for placement
 20 33 in the fund.
 20 34    Sec. 56.  EFFECTIVE DATE.  The sections of this Act amending
 20 35 sections 163.30, 163.41, 166A.2, 168.3, and 198.4 take effect
 21  1 June 1, 2017.
 21  2    Sec. 57.  EFFECTIVE DATE.  The section of this Act amending
 21  3 section 200.4 takes effect June 1, 2018.
 21  4                           EXPLANATION
 21  5 The inclusion of this explanation does not constitute agreement with
 21  6 the explanation's substance by the members of the general assembly.
 21  7    GENERAL.  This bill amends a number of Code provisions
 21  8 administered and enforced by the department of agriculture
 21  9 and land stewardship (department), relating to forest and
 21 10 fruit tree reservations; soil conservation and water quality;
 21 11 agricultural animal health; licenses and associated fees; the
 21 12 manufacture of fertilizers and soil conditioners; the control
 21 13 of noxious weed seeds; the delivery of commodities in bulk; and
 21 14 decals affixed to motor fuel pumps notifying the public of high
 21 15 percentage ethanol blends in gasoline.
 21 16    FOREST AND FRUIT TREE RESERVATIONS.  The bill eliminates a
 21 17 provision requiring the department to enforce laws regarding
 21 18 forest and fruit tree reservations (Code section 159.6). A
 21 19 person who currently holds title to a qualifying reservation
 21 20 may be exempt from property taxes upon completing an
 21 21 application according to criteria established by the natural
 21 22 resource commission which must be filed with the county auditor
 21 23 where the reservation is located (Code chapter 427C).
 21 24    STATE SOIL CONSERVATION AND WATER QUALITY COMMITTEE ==
 21 25 NAME CHANGE.  The bill changes the name of the state soil
 21 26 conservation committee to the state soil conservation and water
 21 27 quality committee (committee) wherever it appears in the Code.
 21 28 The committee cooperates with the department's division of soil
 21 29 conservation and water quality (division) and with local soil
 21 30 and water conservation districts (districts) to assist persons
 21 31 in establishing and maintaining a number of soil conservation
 21 32 and erosion control practices on agricultural land which are
 21 33 often financed on a cost=share basis (Code chapter 161A).
 21 34    MANAGEMENT PRACTICES == SPECIFIC MEASURES.  The bill
 21 35 authorizes the division to finance edge=of=field practices at
 22  1 a cost=share rate established by the division (Code section
 22  2 161A.73). The bill authorizes the division to finance the
 22  3 establishment of cover crops as an eligible management practice
 22  4 qualifying for state financing (Code section 161A.73).  The
 22  5 bill eliminates a provision allowing fall plowing of so=called
 22  6 gumbo soil as part of is regulations establishing soil loss
 22  7 limits (Code section 161A.44).
 22  8    AGRICULTURAL ANIMALS == HEALTH.  The bill eliminates a
 22  9 provision that allows an ear notch or tattoo to be used to
 22 10 individually identify registered swine required to be moved
 22 11 for exhibition or breeding under a certificate of veterinary
 22 12 inspection.  The swine would still have to be identified in
 22 13 a manner required by the department (Code section 163.30).
 22 14 The bill provides that 12 rather than 10 months old is the
 22 15 highest age limit that a native female bovine animal may be
 22 16 vaccinated for brucellosis (Code section 164.3).  The bill also
 22 17 eliminates a requirement that in order for the department to
 22 18 dispose of classical=swine=fever vaccine or serum, the United
 22 19 States department of agriculture must declare the state as free
 22 20 of the disease (Code section 166.42). A person violating a
 22 21 requirement in Code chapter 164 governing the control of bovine
 22 22 brucellosis is guilty of a simple misdemeanor (Code section
 22 23 164.31).
 22 24    AGRICULTURAL ANIMALS == SLAUGHTER PRACTICES.  The bill
 22 25 provides that a state meat processing establishment must use
 22 26 humane practices when slaughtering caprine species.  Currently,
 22 27 such practices must be used when slaughtering bovine, porcine,
 22 28 or ovine species or animals classified as farm deer (Code
 22 29 section 189A.18).  Generally, a person who violates a provision
 22 30 in Code chapter 189A regulating slaughtering practices is
 22 31 guilty of a simple misdemeanor (Code section 189A.17).
 22 32    LICENSES AND ASSOCIATED FEES == LICENSE CYCLE AND RATES.
 22 33  The bill provides that a number of licenses issued by the
 22 34 department would expire on a two=year rather than one=year
 22 35 cycle and the corresponding combined first and second year
 23  1 fees would be payable to the department for deposit in the
 23  2 state treasury.  Currently, all licenses are due annually on
 23  3 a fixed date set by statute (expiration=anniversary date) so
 23  4 that a person obtaining an initial license on any day (issue
 23  5 date) must reobtain a new license or renew an existing license
 23  6 12 or fewer months later (ensuring that all such licenses are
 23  7 reissued or renewed on a single date).  The amount of the fee
 23  8 is either a fixed rate (flat fee) or a graduated rate which is
 23  9 connected to specific circumstances such as the size of the
 23 10 licensee's market (sliding scale fee).
 23 11    The bill provides that licenses with an
 23 12 expiration=anniversary date which would fall on July 1 of the
 23 13 second year, and who would pay a combined flat fee, includes
 23 14 a swine dealer or the dealer's agent (Code section 163.30);
 23 15 a lessor of breeding bulls (Code section 163.41); a sheep
 23 16 dealer (Code section 166A.2); a custom hatchery or chick
 23 17 dealer (Code section 168.3); and a manufacturer or distributor
 23 18 of commercial animal feed (Code section 198.4).  A licensee
 23 19 manufacturing or distributing fertilizer or a soil conditioner
 23 20 with an expiration=anniversary date which would fall on July 1
 23 21 of the second year would pay a fee based on the number of the
 23 22 licensee's business locations (Code section 200.4).  A licensee
 23 23 whose expiration=anniversary date would fall on December 31
 23 24 of the second year would include a mining operator whose flat
 23 25 fee for an initial license would remain the same but who would
 23 26 be required to pay a combined flat fee for a two=year renewal
 23 27 (Code section 208.7).  The expiration=anniversary date of a
 23 28 poultry dealer's licensee would be March 1 of the second year
 23 29 (Code section 197.2).  Generally, the amount of the combined
 23 30 fees for each of these described licenses would equal $20 or
 23 31 less.  A  dealer or broker purchasing livestock for slaughter
 23 32 and whose expiration=anniversary date would fall on June 30 of
 23 33 the second year would pay a combined flat fee of $100 and the
 23 34 agent of a dealer or broker would pay a combined flat fee of
 23 35 $20 (Code section 172A.2).  In the case of an egg handler, the
 24  1 license's two=year expiration=anniversary date is calculated
 24  2 from the issue date.  The sliding scale fee remains based on
 24  3 the purchase or handling of cases of 30 dozen eggs and the
 24  4 combined fee would range from $40.40 to $675 (Code section
 24  5 196.3).
 24  6    LICENSES AND ASSOCIATED FEES == PESTICIDE DEALERS.  The bill
 24  7 does not change the December 31 expiration=anniversary date
 24  8 for a pesticide dealer's license or the June 30 date when a
 24  9 license fee is due (Code section 206.8).  The bill eliminates
 24 10 an option that allowed a dealer having less than $100,000 in
 24 11 gross retail pesticide sales (sales) in the previous year to
 24 12 pay an amount equal to one=tenth of 1 percent of the dealer's
 24 13 sales in the previous year.  The dealer would be required to
 24 14 calculate the fee according to the existing statutory schedule
 24 15 which assigns a specific fee amount to a corresponding tier
 24 16 of sales.  The bill creates a new scheduled fee of $10 for
 24 17 persons having annual gross retail pesticide sales of less
 24 18 than $10,000.  Currently, the lowest scheduled fee is $25 for
 24 19 persons having annual gross retail pesticide sales of less than
 24 20 $25,000.  The highest scheduled fee is $100 for persons having
 24 21 annual gross retail pesticide sales of less than $100,000. A
 24 22 dealer having $100,000 or more in gross sales must continue to
 24 23 use the one=tenth of 1 percent formula to calculate the amount
 24 24 of the license fee.
 24 25    The bill retains a three=month grace period granted to both
 24 26 types of licensees so long as they pay a late fee.  For a dealer
 24 27 having less than $100,000 in sales, the bill requires a flat
 24 28 fee of $25 instead of the current sliding scale fee equaling
 24 29 $10 in October, $15 in November, and $25 after November.  For a
 24 30 dealer having $100,000 or more in sales, the bill requires a
 24 31 flat fee of 5 percent of the license fee instead of the current
 24 32 sliding scale fee equaling 2 percent in October, four percent
 24 33 in November, and 5 percent after November.
 24 34    APPLICATION OF FERTILIZERS, FERTILIZER MATERIALS, OR
 24 35 SOIL CONDITIONERS.  The bill amends the "Iowa Fertilizer
 25  1 Law" (Code chapter 200) which provides for the regulation of
 25  2 products referred to as fertilizer, fertilizer material, or
 25  3 soil conditioner used to promote plant growth, alter plant
 25  4 composition, produce increased crop yields, or correct soil
 25  5 acidity (Code section 200.3).  A person seeking to sell a
 25  6 fertilizer or soil conditioner on a commercial basis must
 25  7 register the product with the department and may be required
 25  8 to submit satisfactory evidence of its favorable effects and
 25  9 safety.  The bill requires that minimum requirements are to be
 25 10 established by efficacy testing or the substantiation of data
 25 11 relevant to Iowa crops and soils (Code section 200.5).  The
 25 12 bill also amends the "Bulk Dry Animal Nutrient Products Law"
 25 13 (Code chapter 200A) regulating the sale of nutrients such as
 25 14 manure which are not labeled by authorizing the department
 25 15 to assess a $500 civil penalty for a violation of that Code
 25 16 chapter (Code section 200A.13). Generally, a person who
 25 17 violates a provision in either Code chapter is guilty of a
 25 18 simple misdemeanor (Code sections 200.18 and 200A.13).
 25 19    NOXIOUS WEED SEEDS.  The bill adds the plant seed palmer
 25 20 amaranth to the list of primary noxious weed seeds that are
 25 21 prohibited from being sold or transported in this state (Code
 25 22 sections 199.1 and 199.8).  A person violating a provision
 25 23 in the Code chapter regulating seed is guilty of a simple
 25 24 misdemeanor (Code section 199.13).
 25 25    DELIVERY OF COMMODITIES IN BULK == USE DELIVERY TICKETS.  The
 25 26 bill amends two provisions that require the use of duplicative
 25 27 delivery tickets (tickets) by persons delivering bulk
 25 28 commodities such as grain but excluding liquids such as motor
 25 29 fuel.  Currently, one ticket must be delivered to the vendee
 25 30 and the other must be returned to the vendor (Code sections
 25 31 212.2 and 212.3).  The bill requires the ticket include the
 25 32 delivery date and type of commodity being delivered and allows
 25 33 for the vendor's ticket to be retained electronically.
 25 34    MOTOR FUEL PUMPS == HIGH ETHANOL BLENDED GASOLINE == LABEL
 25 35 REQUIREMENT.  The bill amends a provision requiring that a
 26  1 motor fuel pump dispensing ethanol blended gasoline with an
 26  2 ethanol content higher than 15 percent be affixed with a decal
 26  3 stating that the motor fuel is only to be used in flexible
 26  4 fuel vehicles.  The bill provides that the decal must contain
 26  5 language specifying that the high ethanol blended gasoline is
 26  6 for use in such vehicles (Code section 214A.16).  A person
 26  7 who violates a provision of the Code chapter regulating motor
 26  8 fuel is guilty of a serious misdemeanor or alternatively may
 26  9 be subject to a civil penalty of up to $1,000 (Code section
 26 10 214A.11).
 26 11    The bill provides that a scale equipped with a weight
 26 12 recorder used to print or stamp the weight values on scale
 26 13 tickets (Code section 215.9) may remain operational for seven
 26 14 days after the recorder has malfunctioned as long as a repair
 26 15 has been immediately initiated and during that period the user
 26 16 dates, signs, and accurately handwrites information on the
 26 17 ticket.
 26 18    CRIMINAL PENALTIES.  A simple misdemeanor is punishable by
 26 19 confinement for no more than 30 days or a fine of at least $65
 26 20 but not more than $625 or by both.  A serious misdemeanor is
 26 21 punishable by confinement for no more than one year and a fine
 26 22 of at least $315 but not more than $1,875.
 26 23    EFFECTIVE DATES.  Several provisions of the bill take effect
 26 24 June 1, 2017, including provisions regulating the licensing
 26 25 of swine dealers (Code sections 163.30 and 163.41), sheep
 26 26 dealers (Code section 166A.2), custom hatcheries and chick
 26 27 dealers (Code section 168.3) and manufacturers and distributors
 26 28 of commercial feed (Code section 198.4).  A provision which
 26 29 regulates the licensing of persons involved in the manufacture
 26 30 of fertilizers and soil conditioners takes effect June 1, 2018
 26 31 (Code section 200.4).
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