Bill Text: IA HF617 | 2017-2018 | 87th General Assembly | Enrolled


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 HF 550 & HSB 120.) Various effective dates, see bill.

Spectrum: Committee Bill

Status: (Passed) 2017-05-11 - Signed by Governor. H.J. 1149. [HF617 Detail]

Download: Iowa-2017-HF617-Enrolled.html

House File 617 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON WAYS AND
                                  MEANS

                              (SUCCESSOR TO HF 550)
                              (SUCCESSOR TO HSB 120)
 \5
                                   A BILL FOR
 \1
                                         House File 617

                             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.

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


                                                                                            LINDA UPMEYER


                                                                                            JACK WHITVER


                                                                                            CARMINE BOAL


                                                                                            TERRY E. BRANSTA

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