Bill Text: IA SF311 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act providing for programs and regulations administered and enforced by the department of agriculture and land stewardship, providing fees, providing for the allocation of moneys, and making penalties applicable.(Formerly SSB 1115.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-05-02 - Withdrawn. S.J. 1021. [SF311 Detail]
Download: Iowa-2023-SF311-Introduced.html
Senate
File
311
-
Introduced
SENATE
FILE
311
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
SSB
1115)
A
BILL
FOR
An
Act
providing
for
programs
and
regulations
administered
1
and
enforced
by
the
department
of
agriculture
and
land
2
stewardship,
providing
fees,
providing
for
the
allocation
of
3
moneys,
and
making
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1218SV
(2)
90
da/ns
S.F.
311
DIVISION
I
1
REGULATION
OF
COMMERCIAL
ESTABLISHMENTS
2
Section
1.
Section
162.2,
subsection
19,
Code
2023,
is
3
amended
by
striking
the
subsection
and
inserting
in
lieu
4
thereof
the
following:
5
19.
“Pet
shop”
means
a
facility
where
vertebrate
animals,
6
excluding
fish,
not
born
and
reared
on
the
facility’s
premises
7
are
bought,
sold,
exchanged,
or
offered
for
sale
or
exchange
to
8
the
public,
at
retail.
“Pet
shop”
does
not
include
a
facility
9
if
one
of
the
following
applies:
10
a.
The
facility
receives
less
than
one
thousand
dollars
from
11
the
sale
or
exchange
of
vertebrate
animals,
excluding
fish,
12
during
a
twelve-month
period.
13
b.
The
facility
sells
or
exchanges
less
than
twelve
14
vertebrate
animals,
excluding
fish,
during
a
twelve-month
15
period.
16
Sec.
2.
Section
162.2A,
subsection
3,
paragraph
d,
Code
17
2023,
is
amended
to
read
as
follows:
18
d.
The
person’s
An
official
government-issued
photo
19
identification
number
of
the
person
.
Notwithstanding
chapter
20
22
,
the
department
shall
keep
the
person’s
tax
identification
21
number
confidential
except
for
purposes
of
tax
administration
22
by
the
department
of
revenue,
including
as
provided
in
section
23
421.18
.
24
DIVISION
II
25
GRAIN
REGULATION
26
PART
A
27
GRAIN
DEALERS
28
Sec.
3.
Section
203.1,
Code
2023,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
12A.
“Scale
weight
ticket”
means
the
same
31
as
defined
in
section
203C.1.
32
Sec.
4.
Section
203.5,
subsection
8,
paragraph
a,
Code
2023,
33
is
amended
to
read
as
follows:
34
a.
The
applicant
has
caused
liability
to
the
Iowa
grain
35
-1-
LSB
1218SV
(2)
90
da/ns
1/
17
S.F.
311
depositors
and
sellers
indemnity
fund
in
regard
to
a
license
1
issued
under
this
chapter
or
chapter
203C
,
and
the
liability
2
has
not
been
discharged,
settled,
or
satisfied.
3
Sec.
5.
Section
203.11,
subsection
2,
paragraph
a,
4
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
5
(3)
Uses
a
scale
weight
ticket
or
credit-sale
contract
in
6
violation
of
this
chapter
or
a
requirement
established
by
the
7
department
under
this
chapter
.
8
Sec.
6.
Section
203.15,
subsection
2,
paragraph
f,
Code
9
2023,
is
amended
to
read
as
follows:
10
f.
The
duration
of
the
credit-sale
contract,
which
shall
11
not
exceed
twelve
fifteen
months
from
the
date
the
contract
is
12
executed.
13
Sec.
7.
Section
203.17,
Code
2023,
is
amended
to
read
as
14
follows:
15
203.17
Documents
and
records.
16
1.
The
department
may
adopt
rules
specifying
the
form,
17
content,
use,
and
maintenance
of
documents
issued
by
a
grain
18
dealer
under
this
chapter
including
but
not
limited
to
scale
19
weight
tickets,
settlement
sheets,
daily
position
records,
and
20
credit-sale
contracts.
The
department
may
adopt
rules
for
21
both
printed
and
electronic
documents,
including
rules
for
22
the
transmission,
receipt,
authentication,
and
archiving
of
23
electronically
generated
or
stored
documents.
24
2.
All
scale
weight
ticket
forms
in
the
possession
of
a
25
grain
dealer
shall
have
been
permanently
and
consecutively
26
numbered
at
the
time
of
printing.
A
grain
dealer
shall
27
maintain
an
accurate
record
of
all
scale
weight
ticket
numbers.
28
The
record
shall
include
the
disposition
of
each
numbered
form,
29
whether
issued,
destroyed,
or
otherwise
disposed
of.
30
Sec.
8.
Section
203.20,
Code
2023,
is
amended
to
read
as
31
follows:
32
203.20
Shrinkage
adjustments
——
disclosures
——
penalties.
33
1.
A
person
who,
in
connection
with
the
receipt
of
34
corn
or
soybeans
grain
for
storage,
processing,
or
sale,
35
-2-
LSB
1218SV
(2)
90
da/ns
2/
17
S.F.
311
adjusts
the
scale
weight
of
the
grain
to
compensate
for
the
1
moisture
content
of
the
grain
shall
compute
the
amount
of
2
the
adjustment
by
multiplying
the
scale
weight
of
the
grain
3
by
that
factor
which
results
in
a
rate
of
adjustment
of
one
4
and
eighteen
hundredths
percent
of
weight
per
one
percent
of
5
moisture
content.
The
use
of
person
who
uses
any
rate
of
6
weight
adjustment
for
moisture
content
other
than
the
one
7
prescribed
by
this
subsection
is
commits
a
fraudulent
practice
8
as
defined
in
section
714.8
.
The
person
shall
post
on
the
9
business
premises
in
a
conspicuous
place
notice
of
the
rate
10
of
adjustment
for
moisture
content
that
is
as
prescribed
by
11
this
subsection
.
Failure
The
person
who
fails
to
make
this
12
disclosure
is
commits
a
simple
misdemeanor.
13
2.
A
person
who,
in
connection
with
the
receipt
of
grain
for
14
storage,
processing
,
or
sale,
adjusts
the
quantity
of
the
grain
15
received
to
compensate
for
losses
to
be
incurred
during
the
16
handling,
processing,
or
storage
of
the
grain
shall
post
on
the
17
business
premises
in
a
conspicuous
place
notice
of
the
rate
of
18
adjustment
to
be
made
for
this
shrinkage.
Failure
The
person
19
who
fails
to
make
the
required
this
disclosure
is
commits
a
20
simple
misdemeanor.
21
3.
A
person
who
adjusts
the
scale
weight
of
corn
or
soybeans
22
both
grain
for
moisture
content
and
for
handling,
processing,
23
or
storage
losses
may
combine
the
two
adjustment
factors
into
24
a
single
factor
and
may
use
this
resulting
factor
to
compute
25
the
amount
of
weight
adjustment
in
connection
with
storage,
26
processing,
or
sale
transactions,
provided
that
the
person
27
shall
post
on
the
business
premises
in
a
conspicuous
place
a
28
notice
that
discloses
the
moisture
shrinkage
factor
prescribed
29
by
subsection
1
,
the
handling
shrinkage
factor
to
be
imposed,
30
and
the
single
factor
that
results
from
combining
these
31
factors.
Failure
The
person
who
fails
to
make
the
required
32
this
disclosure
is
commits
a
simple
misdemeanor.
33
PART
B
34
WAREHOUSE
OPERATORS
35
-3-
LSB
1218SV
(2)
90
da/ns
3/
17
S.F.
311
Sec.
9.
Section
203C.5,
subsection
2,
Code
2023,
is
amended
1
to
read
as
follows:
2
2.
a.
The
department
may
adopt
rules
specifying
the
3
form,
content,
and
use
of
documents
issued
by
a
warehouse
4
operator
under
this
chapter
including
but
not
limited
to
scale
5
weight
tickets,
warehouse
receipts,
settlement
sheets,
and
6
daily
position
records.
The
department
may
adopt
rules
for
7
both
printed
and
electronic
documents,
including
rules
for
8
the
transmission,
receipt,
authentication,
and
archiving
of
9
electronically
generated
or
stored
documents.
10
b.
All
scale
weight
ticket
forms
and
warehouse
receipt
11
forms
in
the
possession
of
a
warehouse
operator
shall
have
been
12
permanently
and
consecutively
numbered
at
the
time
of
printing.
13
A
warehouse
operator
shall
maintain
an
accurate
record
of
14
the
numbers
of
these
documents.
The
record
shall
include
15
the
disposition
of
each
form,
whether
issued,
destroyed,
or
16
otherwise
disposed
of.
The
department
may
by
rule
require
this
17
use
of
prenumbered
forms
and
recording
for
documents
other
than
18
scale
weight
tickets
and
warehouse
receipts.
19
Sec.
10.
Section
203C.6,
subsection
8,
paragraph
a,
Code
20
2023,
is
amended
to
read
as
follows:
21
a.
The
applicant
has
caused
liability
to
the
Iowa
grain
22
depositors
and
sellers
indemnity
fund
through
operations
under
23
a
license
issued
under
this
chapter
or
chapter
203
,
and
the
24
liability
has
not
been
discharged,
settled,
or
satisfied.
25
Sec.
11.
Section
203C.17,
subsections
1,
2,
3,
4,
and
5,
26
Code
2023,
are
amended
to
read
as
follows:
27
1.
Any
grain
which
has
been
received
at
any
Grain
deposited
28
with
a
licensed
warehouse
operator
for
which
the
actual
sale
29
price
is
has
not
been
fixed
and
either
proper
documentation
30
made
has
not
been
furnished
or
payment
has
not
been
made
shall
31
be
construed
to
be
grain
held
for
storage
within
the
meaning
of
32
this
chapter
.
Grain
may
be
held
considered
stored
grain
and
33
may
be
retained
in
open
storage
or
placed
on
under
warehouse
34
receipt.
A
warehouse
receipt
shall
be
issued
for
all
grain
35
-4-
LSB
1218SV
(2)
90
da/ns
4/
17
S.F.
311
held
in
open
storage
within
one
year
from
the
date
of
delivery
1
to
the
warehouse,
unless
the
depositor
has
signed
a
statement
2
that
the
depositor
does
not
desire
a
warehouse
receipt.
A
The
3
licensed
warehouse
operator
shall
issue
a
warehouse
receipt
4
shall
be
issued
to
the
depositor
upon
request
by
the
depositor.
5
The
warehouse
operator’s
tariff
shall
apply
for
to
any
grain
6
that
is
retained
in
open
storage
or
placed
under
warehouse
7
receipt
as
provided
in
section
203C.18
.
8
2.
Bulk
grain
deposited
with
a
licensed
warehouse
operator
9
for
processing,
cleaning,
drying,
shipping
for
the
account
of
10
the
depositor
,
or
any
other
purpose
shall
be
removed
within
11
thirty
days
from
the
date
of
deposit
or
such
grain
shall
be
12
determined
as
considered
stored
grain
and
the
.
The
warehouse
13
operator’s
tariff
charges
shall
apply
to
the
bulk
grain
as
14
provided
in
section
203C.28
.
15
3.
Grain
received
on
deposited
and
subject
to
a
scale
weight
16
ticket
which
that
fails
to
have
the
price
fixed
and
properly
17
documented
on
the
records
of
the
licensed
warehouse
operator
18
shall
be
construed
to
be
retained
in
open
storage.
19
4.
All
bulk
grain
whether
retained
in
open
storage
and
20
deposited
subject
to
a
scale
weight
ticket
or
having
been
21
placed
on
under
warehouse
receipt
is
covered
by
the
grain
22
depositors
and
sellers
indemnity
fund
created
in
as
provided
in
23
chapter
203D
.
24
5.
Any
grain
which
has
been
received
at
any
An
unlicensed
25
warehouse
and
for
which
the
operator
shall
not
retain
deposited
26
bulk
grain,
if
its
actual
sale
price
has
not
been
fixed
,
and
27
payment
for
the
bulk
grain
has
not
been
made
within
thirty
days
28
from
receipt
of
the
grain
its
date
of
deposit
,
unless
covered
29
purchased
by
a
credit-sale
contract
,
shall
be
construed
to
be
30
unlawful
storage
within
the
meaning
of
this
chapter
.
Bulk
31
grain
received
at
any
An
unlicensed
warehouse
for
any
operator
32
who
retains
deposited
bulk
gain
under
any
other
purpose
33
circumstance
must
either
be
returned
return
the
bulk
grain
to
34
the
depositor
,
or
disposed
of
dispose
of
the
bulk
grain
by
35
-5-
LSB
1218SV
(2)
90
da/ns
5/
17
S.F.
311
order
of
the
depositor
,
within
thirty
days
from
date
of
actual
1
the
deposit
of
the
bulk
grain.
2
Sec.
12.
Section
203C.25,
Code
2023,
is
amended
to
read
as
3
follows:
4
203C.25
Shrinkage
adjustments
——
disclosures
——
penalties.
5
1.
A
person
who,
in
connection
with
the
receipt
of
6
corn
or
soybeans
grain
for
storage,
processing,
or
sale,
7
adjusts
the
scale
weight
of
the
grain
to
compensate
for
the
8
moisture
content
of
the
grain
shall
compute
the
amount
of
9
the
adjustment
by
multiplying
the
scale
weight
of
the
grain
10
by
that
factor
which
results
in
a
rate
of
adjustment
of
one
11
and
eighteen
hundredths
percent
of
weight
per
one
percent
of
12
moisture
content.
The
use
of
person
who
uses
any
rate
of
13
weight
adjustment
for
moisture
content
other
than
the
one
14
prescribed
by
this
subsection
is
commits
a
fraudulent
practice
15
as
defined
in
section
714.8
.
The
person
shall
post
on
the
16
business
premises
in
a
conspicuous
place
notice
of
the
rate
17
of
adjustment
for
moisture
content
that
is
as
prescribed
by
18
this
subsection
.
Failure
The
person
who
fails
to
make
this
19
disclosure
is
commits
a
simple
misdemeanor.
20
2.
A
person
who,
in
connection
with
the
receipt
of
grain
for
21
storage,
processing
,
or
sale,
adjusts
the
quantity
of
the
grain
22
received
to
compensate
for
losses
to
be
incurred
during
the
23
handling,
processing,
or
storage
of
the
grain
shall
post
on
the
24
business
premises
in
a
conspicuous
place
notice
of
the
rate
of
25
adjustment
to
be
made
for
this
shrinkage.
Failure
The
person
26
who
fails
to
make
the
required
this
disclosure
is
commits
a
27
simple
misdemeanor.
28
3.
A
person
who
adjusts
the
scale
weight
of
corn
or
soybeans
29
both
grain
for
moisture
content
and
for
handling,
processing,
30
or
storage
losses
may
combine
the
two
adjustment
factors
into
31
a
single
factor
and
may
use
this
resulting
factor
to
compute
32
the
amount
of
weight
adjustment
in
connection
with
storage,
33
processing,
or
sale
transactions,
provided
that
the
person
34
shall
post
on
the
business
premises
in
a
conspicuous
place
a
35
-6-
LSB
1218SV
(2)
90
da/ns
6/
17
S.F.
311
notice
that
discloses
the
moisture
shrinkage
factor
prescribed
1
by
subsection
1
,
the
handling
shrinkage
factor
to
be
imposed,
2
and
the
single
factor
that
results
from
combining
these
3
factors.
Failure
The
person
who
fails
to
make
the
required
4
this
disclosure
is
commits
a
simple
misdemeanor.
5
Sec.
13.
Section
203C.36,
subsection
2,
paragraph
a,
6
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
7
(3)
Uses
a
scale
weight
ticket,
warehouse
receipt,
or
8
other
document
in
violation
of
this
chapter
or
requirements
9
established
by
the
department
under
this
chapter
.
10
PART
C
11
INDEMNITY
FUND
12
Sec.
14.
Section
203D.1,
Code
2023,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
14A.
“Scale
weight
ticket”
means
the
same
15
as
defined
in
section
203C.1.
16
DIVISION
III
17
WEIGHTS
AND
MEASURES
18
PART
A
19
LICENSING,
INSPECTIONS,
AND
FEES
20
Sec.
15.
Section
214.2,
Code
2023,
is
amended
to
read
as
21
follows:
22
214.2
License.
23
1.
A
person
who
uses
or
displays
for
use
any
commercial
24
weighing
and
measuring
device
,
as
defined
in
section
215.1
,
25
shall
secure
must
be
issued
a
license
from
by
the
department
26
for
that
device
.
The
department
shall
issue
the
license
after
27
inspecting
the
device.
28
2.
a.
Except
as
provided
in
paragraph
“b”
,
a
license
issued
29
under
subsection
1
shall
expire
on
December
31
of
each
year.
30
b.
A
license
issued
under
subsection
1
for
a
motor
fuel
pump
31
shall
expire
on
June
30
of
each
year.
32
Sec.
16.
Section
214.3,
subsection
1,
Code
2023,
is
amended
33
by
striking
the
subsection.
34
Sec.
17.
Section
214.3,
subsection
2,
Code
2023,
is
amended
35
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to
read
as
follows:
1
2.
The
A
license
inspection
fee
is
imposed
on
a
person
2
who
uses
or
displays
for
use
a
commercial
weighing
and
3
measuring
device
.
The
license
fee
is
due
the
day
the
device
4
is
placed
into
service
department
issues
the
license
.
A
5
license
inspection
fee
shall
be
charged
to
the
person
owning
6
or
operating
a
commercial
weighing
and
measuring
device
7
inspected
The
amount
of
the
license
fee
shall
be
calculated
in
8
accordance
with
the
class
or
section
for
devices
as
established
9
by
handbook
44
of
the
United
States
national
institute
of
10
standards
and
technology.
11
Sec.
18.
Section
214.11,
subsection
1,
Code
2023,
is
amended
12
to
read
as
follows:
13
1.
The
department
shall
provide
for
annual
biennial
14
inspections
of
all
motor
fuel
pumps,
including
but
not
limited
15
to
motor
fuel
blender
pumps,
licensed
under
this
chapter
.
16
Inspections
shall
be
for
the
purpose
of
determining
the
17
accuracy
and
correctness
of
motor
fuel
pumps.
For
that
purpose
18
the
department’s
inspectors
may
enter
upon
the
premises
of
any
19
a
wholesale
dealer
or
a
retail
dealer
motor
fuel
site
.
20
Sec.
19.
Section
215.2,
Code
2023,
is
amended
to
read
as
21
follows:
22
215.2
Special
inspection
tests
——
request
——
fees.
23
1.
The
owner
or
servicer
of
a
commercial
weighing
and
24
measuring
device
may
request
the
department
conduct
a
special
25
inspection
test
of
the
device
to
determine
its
accuracy
and
26
correctness.
27
2.
The
fee
for
special
tests,
including
but
not
limited
to,
28
using
state
inspection
equipment,
for
the
calibration,
testing,
29
certification,
or
repair
conducting
a
special
inspection
test
30
of
a
commercial
weighing
and
measuring
device
shall
be
paid
31
by
the
owner
or
servicer
or
person
requesting
the
special
32
inspection
test
in
accordance
with
the
following
schedule:
33
1.
a.
Class
S,
scales,
seventy-five
dollars
per
hour.
34
2.
b.
Class
M,
meters,
fifty-two
dollars
and
fifty
cents
35
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per
hour.
1
Sec.
20.
REPEAL.
Section
215.12,
Code
2023,
is
repealed.
2
PART
B
3
MOTOR
FUEL
STANDARDS
AND
CLASSIFICATIONS
4
Sec.
21.
Section
159A.6,
subsection
1,
paragraph
c,
Code
5
2023,
is
amended
to
read
as
follows:
6
c.
Develop
standards
for
decals
required
pursuant
to
7
section
214A.16
214A.21A
,
which
shall
be
designed
to
promote
8
the
advantages
of
using
renewable
fuels.
The
standards
may
be
9
incorporated
within
a
model
decal
adopted
by
the
office.
10
Sec.
22.
Section
214A.1,
subsection
2,
Code
2023,
is
amended
11
to
read
as
follows:
12
2.
“ASTM
international”
means
a
nonprofit
organization,
13
previously
named
the
American
society
for
testing
and
materials
14
international.
15
Sec.
23.
Section
214A.1,
Code
2023,
is
amended
by
adding
the
16
following
new
subsections:
17
NEW
SUBSECTION
.
9A.
“Coprocess”
means
to
simultaneously
18
process
a
renewable
biomass
or
a
biointermediate
with
a
fossil
19
fuel
or
other
nonrenewable
feedstock
in
the
same
unit
or
units
20
to
produce
a
fuel
that
is
partially
derived
from
a
renewable
21
biomass
or
biointermediate.
22
NEW
SUBSECTION
.
33A.
a.
“Renewable
diesel”
means
a
motor
23
fuel
for
use
in
an
internal
combustion
engine
and
ignited
by
24
pressure
without
the
presence
of
an
electric
spark,
which
25
is
produced
from
nonfossil
renewable
resources,
including
26
agricultural
plants,
animal
fats,
residue,
and
waste
generated
27
from
the
production,
processing,
and
marketing
of
agricultural
28
products,
and
other
renewable
resources.
29
b.
“Renewable
diesel”
must
meet
the
standards
provided
in
30
section
214A.2.
31
c.
“Renewable
diesel”
does
not
include
any
of
the
following:
32
(1)
Biodiesel.
33
(2)
A
fuel
that
has
been
coprocessed.
34
NEW
SUBSECTION
.
33B.
“Renewable
diesel
blended
fuel”
means
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a
blend
of
renewable
diesel
with
petroleum-based
diesel
fuel,
1
biodiesel,
or
a
combination
of
petroleum-based
diesel
fuel
and
2
biodiesel,
which
meets
the
standards,
including
separately
3
the
standard
for
its
renewable
diesel
component,
provided
in
4
section
214A.2.
5
Sec.
24.
Section
214A.2,
subsection
4,
Code
2023,
is
amended
6
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
c.
(1)
If
the
motor
fuel
is
advertised
8
for
sale
or
sold
as
renewable
diesel
or
renewable
diesel
9
blended
fuel,
the
motor
fuel
must
meet
departmental
standards
10
based
in
part
or
in
whole
on
specifications
adopted
by
ASTM
11
international
for
renewable
diesel
or
renewable
diesel
blended
12
motor
fuel,
to
every
extent
applicable,
as
determined
by
the
13
department
subject
to
subparagraph
(2).
14
(2)
Renewable
diesel
must
at
least
meet
departmental
15
standards
based
in
whole
or
in
part
on
ASTM
international
16
specification
D975,
or
a
successor
ASTM
international
17
specification,
established
by
rule.
The
specification
shall
18
apply
to
renewable
diesel
before
it
leaves
its
place
of
19
manufacture.
20
Sec.
25.
Section
214A.2,
subsection
5,
Code
2023,
is
amended
21
by
adding
the
following
new
paragraph:
22
NEW
PARAGRAPH
.
d.
(1)
Renewable
diesel
shall
be
classified
23
RD-100.
24
(2)
Renewable
diesel
blended
fuel
shall
be
classified
RD-xx
25
where
“xx”
is
the
volume
percent
of
renewable
diesel.
26
Sec.
26.
Section
214A.2B,
Code
2023,
is
amended
to
read
as
27
follows:
28
214A.2B
Laboratory
for
motor
fuel
and
biofuels
fuels,
29
biofuels,
and
renewable
fuels
.
30
A
laboratory
for
motor
fuel
and
biofuels
is
established
at
a
31
community
college
which
is
engaged
in
biofuels
testing
on
July
32
1,
2007,
and
which
testing
includes
but
is
not
limited
to
The
33
Iowa
central
fuel
testing
laboratory
at
Iowa
central
community
34
college
shall
test
motor
fuels,
biofuels,
and
renewable
fuels,
35
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including
but
not
limited
to
B-20
biodiesel
fuel
testing
for
1
use
by
motor
trucks
and
the
ability
of
biofuels
to
meet
ASTM
2
international
standards
.
The
laboratory
shall
conduct
the
3
testing
of
motor
fuel
fuels
sold
in
this
state
and
biofuel
4
which
is
biofuels
blended
in
with
motor
fuel
fuels
in
this
5
state
to
ensure
that
the
motor
fuel
or
fuels,
biofuels
,
and
6
renewable
fuels
meet
the
requirements
departmental
standards
7
in
section
214A.2
.
8
PART
C
9
CODE
EDITOR
DIRECTIVE
10
Sec.
27.
CODE
EDITOR
DIRECTIVE.
11
1.
The
Code
editor
is
directed
to
make
the
following
12
transfer:
13
Section
214A.16
to
section
214A.21A.
14
2.
The
Code
editor
shall
correct
internal
references
in
the
15
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
16
enactment
of
this
section.
17
DIVISION
IV
18
WATER
QUALITY
19
Sec.
28.
Section
466B.43,
subsection
6,
Code
2023,
is
20
amended
to
read
as
follows:
21
6.
By
October
1,
2019,
and
each
October
1
thereafter
of
22
each
year
,
the
division
shall
submit
a
report
to
the
governor
23
and
the
general
assembly
itemizing
expenditures,
by
hydrologic
24
unit
code
8
watershed,
under
the
programs
,
if
any,
during
the
25
previous
fiscal
year
,
if
any
.
26
Sec.
29.
Section
466B.44,
subsection
5,
Code
2023,
is
27
amended
to
read
as
follows:
28
5.
Notwithstanding
any
other
provision
in
this
section
29
to
the
contrary,
beginning
on
July
1,
2018,
the
division
30
may
use
any
amount
available
to
support
the
water
quality
31
urban
infrastructure
program
to
instead
extend
do
any
of
the
32
following:
33
a.
Extend
and
support
the
three-year
data
collection
of
34
in-field
agricultural
practices
project
as
enacted
in
2015
Iowa
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Acts,
ch.
132,
§18
.
1
b.
Support
water
quality
agriculture
infrastructure
programs
2
created
in
section
466B.43.
3
Sec.
30.
Section
466B.44,
subsection
7,
Code
2023,
is
4
amended
to
read
as
follows:
5
7.
By
October
1,
2019,
and
by
October
1
of
each
year
6
thereafter
,
the
division
shall
submit
a
report
to
the
governor
7
and
the
general
assembly
itemizing
expenditures
under
the
8
program,
if
any,
during
the
previous
fiscal
year.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
GENERAL.
This
bill
relates
to
a
number
of
regulations
13
and
programs
administered
and
enforced
by
the
department
of
14
agriculture
and
land
stewardship
(DALS).
Specifically,
the
15
bill
amends
provisions
regulating
commercial
establishments
16
engaged
in
the
transfer
or
use
of
vertebrate
animals
(animals)
17
other
than
agricultural
animals,
including
animal
shelters,
18
boarding
kennels,
commercial
breeders,
commercial
kennels,
19
dealers,
pet
shops,
pounds,
public
auctions,
and
research
20
facilities
(Code
chapter
162).
The
bill
regulates
grain
21
transactions
including
by
grain
dealers
(dealers)
and
warehouse
22
operators
(operators)
(Code
chapters
203
and
203C)
and
the
23
indemnification
of
losses
by
sellers
or
depositors
from
the
24
grain
depositors
and
sellers
indemnity
fund
(Code
chapter
25
203D).
The
bill
also
regulates
the
commercial
use
of
weights
26
and
measures,
including
motor
fuel
pumps
(fuel
pumps)
that
are
27
part
of
motor
fuel
dispensers
(dispensers),
and
types
of
motor
28
fuel
advertised
for
sale
(Code
chapters
214,
214A,
and
215),
29
including
diesel
fuel
for
use
in
certain
internal
combustion
30
engines.
Finally,
the
bill
provides
for
the
expenditure
of
31
moneys
for
surface
water
quality
initiatives
(initiatives)
in
32
order
to
assess
and
reduce
nutrients
in
this
state’s
watersheds
33
(Code
chapter
466B)
in
conformance
with
the
Iowa
nutrient
34
reduction
strategy
(Code
section
455B.171).
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COMMERCIAL
ESTABLISHMENTS
——
REGULATION.
Under
current
law,
1
a
business
classified
as
a
pet
shop
is
a
type
of
establishment
2
required
to
be
annually
licensed
(Code
section
162.5)
and
pay
3
an
associated
fee
(Code
section
162.2B).
A
business
is
not
4
regulated
as
a
pet
shop
if,
during
the
prior
12-month
period,
5
the
business
either
receives
less
than
$500
or
transfers
6
less
than
six
animals.
The
bill
doubles
the
exemption
7
qualifications
to
less
than
$1,000
or
less
than
12
animals
8
(amended
Code
section
162.2).
9
A
person
applying
to
be
issued
an
authorization
for
the
10
operation
of
any
commercial
establishment
must
provide
DALS
11
the
person’s
tax
identification
number.
The
bill
eliminates
12
that
requirement
and
instead
requires
the
person
to
provide
an
13
official
government-issued
photo
identification
of
the
person
14
(amended
Code
section
162.2A).
15
COMMERCIAL
ESTABLISHMENTS
——
PENALTY.
A
person
who
operates
16
a
commercial
establishment
in
violation
of
authorization
17
requirements
is
guilty
of
a
simple
misdemeanor
(Code
section
18
162.13).
19
GRAIN
REGULATION
——
BACKGROUND.
As
part
of
a
grain
20
transaction,
an
operator
issues
a
prenumbered
scale
21
weight
ticket
to
a
depositor
as
evidence
of
stored
grain.
22
Alternatively,
the
operator
may
issue
a
warehouse
receipt
as
a
23
form
which
may
be
a
document
of
title
and
therefore
negotiable
24
(Code
chapter
554,
Art.
7).
In
order
for
a
seller
or
depositor
25
to
be
indemnified
for
a
loss
by
the
fund,
the
dollar
value
of
26
a
claim
for
transferred
grain
is
based
on
either
a
warehouse
27
receipt
or
scale
weight
ticket
(Code
section
203D.6).
28
GRAIN
REGULATION
——
TERMS.
Currently,
several
different
29
terms
are
used
to
describe
the
same
item.
The
bill
changes
30
the
terms
to
be
uniform,
including
“scale
ticket”
to
“scale
31
weight
ticket”
and
“Iowa
grain
depositors
and
sellers
indemnity
32
fund”
to
“grain
depositors
and
sellers
indemnity
fund”,
which
33
are
both
defined
(amended
Code
sections
203.1,
203.5,
203.11,
34
203.17,
203C.5,
203C.6,
203C.17,
203C.36,
and
203D.1).
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GRAIN
REGULATION
——
CREDIT-SALE
CONTRACT.
A
buyer
and
1
seller
of
grain
may
execute
a
credit-sale
contract,
also
known
2
as
a
price-later
contract,
for
transfer
of
title,
in
which
the
3
seller
delivers
the
grain
to
the
buyer
who
pays
the
seller
4
a
price
more
than
30
days
later
(Code
section
203.1).
In
5
order
to
engage
in
these
transactions,
a
buyer
who
is
a
grain
6
dealer
must
maintain
a
class
1
license
requiring
a
net
worth
7
of
at
least
$75,000
(Code
section
203.3(4)),
the
parties
must
8
execute
a
contract
form
meeting
statutory
requirements
(amended
9
Code
section
203.15(2)),
and
the
grain
is
not
considered
as
10
purchased
grain
covered
by
the
grain
depositors
and
sellers
11
indemnity
fund
(Code
section
203D.6(4)).
The
bill
extends
the
12
maximum
period
of
a
credit-sale
contract’s
duration,
requiring
13
later
payment
for
the
delivered
grain,
from
12
to
15
months
14
(amended
Code
section
203.15(2)).
15
GRAIN
REGULATION
——
GRAIN
MOISTURE
CONTENT.
A
person
16
receiving
corn
or
soybeans
as
part
of
a
transaction
involving
17
storage,
processing,
or
sale
may
adjust
the
scale
weight
to
18
account
for
moisture
content
(i.e.,
reducing
the
scale
weight
19
by
a
special
factor
calculated
for
each
1
percent
of
moisture
20
content).
The
bill
provides
that
the
adjustment
applies
to
all
21
grain
in
which
there
are
standards
established
by
the
United
22
States
department
of
agriculture
(Code
sections
203.1
and
23
203C.1
and
amended
Code
sections
203.20
and
203C.25).
24
GRAIN
REGULATION
——
OPEN
STORAGE.
An
operator
may
retain
25
delivered
grain
in
open
storage
(meaning
without
issuing
a
26
warehouse
receipt
or
making
a
purchase)
subject
to
certain
27
limitations.
Grain
subject
to
a
scale
weight
ticket
without
28
having
the
price
fixed
and
documented
by
the
operator
is
29
considered
to
be
retained
in
open
storage.
Currently,
if
30
grain
is
retained
in
open
storage,
the
operator
must
issue
the
31
depositor
a
warehouse
receipt
within
one
year
of
the
grain’s
32
delivery
date,
unless
the
depositor
signs
a
statement
refusing
33
it.
The
bill
eliminates
this
requirement.
Upon
request,
the
34
operator
must
still
issue
the
depositor
a
warehouse
receipt
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S.F.
311
(amended
Code
section
203C.17).
1
GRAIN
REGULATION
——
PENALTIES.
A
person
who
violates
Code
2
chapter
203
or
203C
is
guilty
of
a
simple
misdemeanor
(Code
3
sections
203.11
and
203C.36).
4
WEIGHTS
AND
MEASURES.
A
person
who
uses
or
displays
a
5
commercial
weighing
or
measuring
device
(device)
must
be
6
licensed.
The
term
of
the
license
is
12
months.
Generally,
7
the
term
is
on
a
calendar
year
basis
(January
1
to
December
8
31)
but
for
motor
fuel
pumps
the
term
is
on
a
fiscal
year
9
basis
(July
1
to
June
30).
A
fee
is
required
for
the
issuance
10
of
the
license
and
an
inspection
(license
inspection
fee)
11
first
due
when
the
device
is
placed
into
service.
DALS
is
12
expressly
required
to
inspect
motor
fuel
pumps
each
year.
The
13
bill
provides
that
the
fee
is
for
the
issuance
of
the
license
14
rather
than
the
inspection,
the
license
fee
is
due
when
the
15
license
is
issued,
and
that
DALS
must
inspect
motor
fuel
pumps
16
on
a
biennial
basis
(amended
Code
sections
214.2,
214.3,
and
17
214.11).
The
bill
also
eliminates
a
requirement
that
persons
18
engaged
in
repairing
scales
must
file
a
bond
with
the
state
19
(repealed
Code
section
215.12).
20
WEIGHTS
AND
MEASURES
——
MOTOR
FUEL
STANDARDS
AND
21
CLASSIFICATIONS.
Motor
fuels
include
fossil
(petroleum)
based
22
gasoline
and
diesel
fuel
as
well
as
certain
biofuel
components
23
derived
from
renewable
(nonpetroleum)
resources
such
as
ethanol
24
classified
as
E-100
and
biodiesel
comprised
of
monoalkyl
esters
25
of
long-chain
fatty
acids
and
classified
as
B-100.
Both
types
26
of
substances
are
used
to
produce
renewable
fuels
(e.g.,
E-15
27
or
B-5)
subject
to
separate
departmental
standards
based
on
28
ASTM
international
(ASTM)
specifications.
The
bill
regulates
29
another
liquid
fuel
referred
to
renewable
diesel
classified
as
30
RD-100
that
may
be
used
as
a
motor
fuel
or
a
blending
component
31
and
classified
as
RD-xx.
RD-100
is
produced
from
nonfossil
32
renewable
resources
but
is
not
biodiesel
due
to
manufacturing
33
processes.
Petroleum-based
diesel
fuel
and
RD-100
are
subject
34
to
the
same
ASTM
specification
D975
while
B-100
is
subject
to
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ASTM
specification
D6751
(amended
Code
sections
214A.1
and
1
214A.2).
2
WEIGHTS
AND
MEASURES
——
TESTING
LABORATORY.
The
bill
3
expressly
recognizes
the
Iowa
central
fuel
testing
laboratory
4
at
Iowa
central
community
college
as
the
official
laboratory
5
for
testing
motor
fuels,
biofuels,
and
renewable
fuels
(amended
6
Code
section
214A.2B).
7
WEIGHTS
AND
MEASURES
——
CODE
EDITOR
DIRECTIVE.
The
bill
8
transfers
Code
section
214A.16
from
subchapter
I
to
subchapter
9
II
of
Code
chapter
214A.
The
Code
section
regulates
a
notice
10
required
to
be
posted
for
consumers
purchasing
renewable
fuels.
11
In
2022,
the
general
assembly
enacted
2022
Iowa
Acts,
chapter
12
1152,
which
reorganized
Code
chapter
214A.
Subchapter
I
13
regulates
general
matters
such
as
standards
and
classifications
14
and
subchapter
II
regulates
the
advertisement,
sale,
and
use
15
of
motor
fuel.
16
WEIGHTS
AND
MEASURES
——
PENALTY.
A
person
who
fails
to
allow
17
for
an
inspection
of
a
motor
fuel
pump
is
guilty
of
a
simple
18
misdemeanor.
19
WATER
QUALITY.
DALS
regulates
two
water
quality
20
initiatives,
including
water
quality
agriculture
infrastructure
21
programs
(amended
Code
section
466B.43)
and
the
water
quality
22
urban
infrastructure
program
(amended
Code
section
466B.44).
23
The
initiative
is
supported
by
the
water
quality
initiative
24
fund
(Code
section
466B.45),
the
water
quality
infrastructure
25
fund
(Code
section
8.57B),
and
the
water
quality
financial
26
assistance
fund
(Code
section
16.134A).
Moneys
in
the
last
27
fund
(15
percent)
are
appropriated
to
support
the
water
quality
28
urban
infrastructure
program.
The
bill
provides
that
DALS
29
may
use
moneys
available
to
support
the
water
quality
urban
30
infrastructure
program
to
instead
support
the
water
quality
31
agriculture
infrastructure
programs.
The
bill
also
eliminates
32
dates
in
several
Code
sections
that
are
now
extraneous.
33
APPLICABLE
PENALTIES.
A
simple
misdemeanor
is
punishable
by
34
confinement
for
no
more
than
30
days
and
a
fine
of
at
least
$105
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