Bill Text: IA SF316 | 2013-2014 | 85th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to farm tenancies of less than forty acres by providing procedures for termination. (Formerly SF 200.) Effective 7-1-13.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [SF316 Detail]
Download: Iowa-2013-SF316-Introduced.html
Bill Title: A bill for an act relating to farm tenancies of less than forty acres by providing procedures for termination. (Formerly SF 200.) Effective 7-1-13.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [SF316 Detail]
Download: Iowa-2013-SF316-Introduced.html
Senate
File
316
-
Introduced
SENATE
FILE
316
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
SF
200)
A
BILL
FOR
An
Act
relating
to
farm
tenancies
of
less
than
forty
acres
by
1
providing
procedures
for
termination.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
562.1A,
Code
2013,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
01.
“Animal
feeding
operation”
means
the
3
same
as
defined
in
section
459.102.
4
Sec.
2.
Section
562.6,
Code
2013,
is
amended
to
read
as
5
follows:
6
562.6
Agreement
for
termination.
7
If
an
agreement
is
made
fixing
the
time
of
the
termination
8
of
a
tenancy,
whether
in
writing
or
not,
the
tenancy
shall
9
terminate
at
the
time
agreed
upon,
without
notice.
Except
for
10
a
farm
tenant
who
is
a
mere
cropper
or
a
person
who
holds
a
11
farm
tenancy
with
an
acreage
of
less
than
forty
acres
where
an
12
animal
feeding
operation
is
the
primary
use
of
the
acreage
,
13
a
farm
tenancy
with
an
acreage
of
forty
acres
or
more
shall
14
continue
beyond
the
agreed
term
for
the
following
crop
year
and
15
otherwise
upon
the
same
terms
and
conditions
as
the
original
16
lease
unless
written
notice
for
termination
is
served
upon
17
either
party
or
a
successor
of
the
party
in
the
manner
provided
18
in
section
562.7
,
whereupon
the
farm
tenancy
shall
terminate
19
March
1
following.
However,
the
tenancy
shall
not
continue
20
because
of
an
absence
of
notice
if
there
is
default
in
the
21
performance
of
the
existing
rental
agreement.
22
EXPLANATION
23
BACKGROUND.
Code
chapter
562,
and
specifically
Code
24
sections
562.6
and
562.7,
provides
procedures
for
terminating
a
25
lease
involving
a
farm
tenancy.
For
example,
there
must
be
a
26
fixed
amount
of
time
between
a
notice
of
termination
and
the
27
actual
termination
date.
Written
notice
must
be
given
by
the
28
first
day
of
September
to
terminate
the
lease
for
the
following
29
crop
year.
The
lease
then
terminates
on
the
first
day
of
30
March.
If
there
is
no
timely
notice
of
the
termination
or
the
31
notice
does
not
otherwise
satisfy
the
requirements
of
the
law,
32
the
farm
tenancy
automatically
continues
under
the
same
terms
33
and
conditions
of
the
original
lease
for
the
following
crop
34
year
unless
there
is
a
breach
in
the
lease
agreement
or
the
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parties
agree
otherwise.
These
requirements
do
not
apply
to
a
1
so-called
mere
cropper
(e.g.,
a
person
who
farms
land
on
a
crop
2
share
basis)
or
a
person
who
leases
less
than
40
acres.
3
BILL
——
ELIMINATION
OF
THE
EXCEPTION.
This
bill
eliminates
4
the
general
exception
applying
to
a
farm
tenancy
in
which
the
5
lease
is
for
less
than
40
acres,
but
provides
that
the
40-acre
6
exception
would
continue
to
apply
where
an
animal
feeding
7
operation
is
the
primary
use
of
the
acreage.
An
animal
feeding
8
operation
is
a
place
where
animals
are
confined
for
45
days
or
9
more
in
a
12-month
period
(Code
section
459.102).
Otherwise,
10
under
the
bill,
written
notice
would
also
have
to
be
given
11
by
the
first
day
of
September
to
terminate
the
lease
for
the
12
following
crop
year,
and
if
notice
were
given,
the
lease
would
13
terminate
on
the
following
first
day
of
March.
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