Bill Text: IA SSB1115 | 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.(See SF 311.)
Spectrum: Committee Bill
Status: (Introduced) 2023-02-15 - Committee report approving bill, renumbered as SF 311. [SSB1115 Detail]
Download: Iowa-2023-SSB1115-Introduced.html
Senate
Study
Bill
1115
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
AGRICULTURE
AND
LAND
STEWARDSHIP
BILL)
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
1218XD
(9)
90
da/ns
S.F.
_____
H.F.
_____
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
DIVISION
II
17
GRAIN
REGULATION
18
PART
A
19
GRAIN
DEALERS
20
Sec.
2.
Section
203.1,
Code
2023,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
12A.
“Scale
weight
ticket”
means
the
same
23
as
defined
in
section
203C.1.
24
Sec.
3.
Section
203.5,
subsection
8,
paragraph
a,
Code
2023,
25
is
amended
to
read
as
follows:
26
a.
The
applicant
has
caused
liability
to
the
Iowa
grain
27
depositors
and
sellers
indemnity
fund
in
regard
to
a
license
28
issued
under
this
chapter
or
chapter
203C
,
and
the
liability
29
has
not
been
discharged,
settled,
or
satisfied.
30
Sec.
4.
Section
203.11,
subsection
2,
paragraph
a,
31
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
32
(3)
Uses
a
scale
weight
ticket
or
credit-sale
contract
in
33
violation
of
this
chapter
or
a
requirement
established
by
the
34
department
under
this
chapter
.
35
-1-
LSB
1218XD
(9)
90
da/ns
1/
15
S.F.
_____
H.F.
_____
Sec.
5.
Section
203.17,
Code
2023,
is
amended
to
read
as
1
follows:
2
203.17
Documents
and
records.
3
1.
The
department
may
adopt
rules
specifying
the
form,
4
content,
use,
and
maintenance
of
documents
issued
by
a
grain
5
dealer
under
this
chapter
including
but
not
limited
to
scale
6
weight
tickets,
settlement
sheets,
daily
position
records,
and
7
credit-sale
contracts.
The
department
may
adopt
rules
for
8
both
printed
and
electronic
documents,
including
rules
for
9
the
transmission,
receipt,
authentication,
and
archiving
of
10
electronically
generated
or
stored
documents.
11
2.
All
scale
weight
ticket
forms
in
the
possession
of
a
12
grain
dealer
shall
have
been
permanently
and
consecutively
13
numbered
at
the
time
of
printing.
A
grain
dealer
shall
14
maintain
an
accurate
record
of
all
scale
weight
ticket
numbers.
15
The
record
shall
include
the
disposition
of
each
numbered
form,
16
whether
issued,
destroyed,
or
otherwise
disposed
of.
17
Sec.
6.
Section
203.20,
Code
2023,
is
amended
to
read
as
18
follows:
19
203.20
Shrinkage
adjustments
——
disclosures
——
penalties.
20
1.
A
person
who,
in
connection
with
the
receipt
of
21
corn
or
soybeans
grain
for
storage,
processing,
or
sale,
22
adjusts
the
scale
weight
of
the
grain
to
compensate
for
the
23
moisture
content
of
the
grain
shall
compute
the
amount
of
24
the
adjustment
by
multiplying
the
scale
weight
of
the
grain
25
by
that
factor
which
results
in
a
rate
of
adjustment
of
one
26
and
eighteen
hundredths
percent
of
weight
per
one
percent
of
27
moisture
content.
The
use
of
person
who
uses
any
rate
of
28
weight
adjustment
for
moisture
content
other
than
the
one
29
prescribed
by
this
subsection
is
commits
a
fraudulent
practice
30
as
defined
in
section
714.8
.
The
person
shall
post
on
the
31
business
premises
in
a
conspicuous
place
notice
of
the
rate
32
of
adjustment
for
moisture
content
that
is
as
prescribed
by
33
this
subsection
.
Failure
The
person
who
fails
to
make
this
34
disclosure
is
commits
a
simple
misdemeanor.
35
-2-
LSB
1218XD
(9)
90
da/ns
2/
15
S.F.
_____
H.F.
_____
2.
A
person
who,
in
connection
with
the
receipt
of
grain
for
1
storage,
processing
,
or
sale,
adjusts
the
quantity
of
the
grain
2
received
to
compensate
for
losses
to
be
incurred
during
the
3
handling,
processing,
or
storage
of
the
grain
shall
post
on
the
4
business
premises
in
a
conspicuous
place
notice
of
the
rate
of
5
adjustment
to
be
made
for
this
shrinkage.
Failure
The
person
6
who
fails
to
make
the
required
this
disclosure
is
commits
a
7
simple
misdemeanor.
8
3.
A
person
who
adjusts
the
scale
weight
of
corn
or
soybeans
9
both
grain
for
moisture
content
and
for
handling,
processing,
10
or
storage
losses
may
combine
the
two
adjustment
factors
into
11
a
single
factor
and
may
use
this
resulting
factor
to
compute
12
the
amount
of
weight
adjustment
in
connection
with
storage,
13
processing,
or
sale
transactions,
provided
that
the
person
14
shall
post
on
the
business
premises
in
a
conspicuous
place
a
15
notice
that
discloses
the
moisture
shrinkage
factor
prescribed
16
by
subsection
1
,
the
handling
shrinkage
factor
to
be
imposed,
17
and
the
single
factor
that
results
from
combining
these
18
factors.
Failure
The
person
who
fails
to
make
the
required
19
this
disclosure
is
commits
a
simple
misdemeanor.
20
PART
B
21
WAREHOUSE
OPERATORS
22
Sec.
7.
Section
203C.5,
subsection
2,
Code
2023,
is
amended
23
to
read
as
follows:
24
2.
a.
The
department
may
adopt
rules
specifying
the
25
form,
content,
and
use
of
documents
issued
by
a
warehouse
26
operator
under
this
chapter
including
but
not
limited
to
scale
27
weight
tickets,
warehouse
receipts,
settlement
sheets,
and
28
daily
position
records.
The
department
may
adopt
rules
for
29
both
printed
and
electronic
documents,
including
rules
for
30
the
transmission,
receipt,
authentication,
and
archiving
of
31
electronically
generated
or
stored
documents.
32
b.
All
scale
weight
ticket
forms
and
warehouse
receipt
33
forms
in
the
possession
of
a
warehouse
operator
shall
have
been
34
permanently
and
consecutively
numbered
at
the
time
of
printing.
35
-3-
LSB
1218XD
(9)
90
da/ns
3/
15
S.F.
_____
H.F.
_____
A
warehouse
operator
shall
maintain
an
accurate
record
of
1
the
numbers
of
these
documents.
The
record
shall
include
2
the
disposition
of
each
form,
whether
issued,
destroyed,
or
3
otherwise
disposed
of.
The
department
may
by
rule
require
this
4
use
of
prenumbered
forms
and
recording
for
documents
other
than
5
scale
weight
tickets
and
warehouse
receipts.
6
Sec.
8.
Section
203C.6,
subsection
8,
paragraph
a,
Code
7
2023,
is
amended
to
read
as
follows:
8
a.
The
applicant
has
caused
liability
to
the
Iowa
grain
9
depositors
and
sellers
indemnity
fund
through
operations
under
10
a
license
issued
under
this
chapter
or
chapter
203
,
and
the
11
liability
has
not
been
discharged,
settled,
or
satisfied.
12
Sec.
9.
Section
203C.17,
subsections
1,
2,
3,
4,
and
5,
Code
13
2023,
are
amended
to
read
as
follows:
14
1.
Any
grain
which
has
been
received
at
any
Grain
deposited
15
with
a
licensed
warehouse
operator
for
which
the
actual
sale
16
price
is
has
not
been
fixed
and
either
proper
documentation
17
made
has
not
been
furnished
or
payment
has
not
been
made
shall
18
be
construed
to
be
grain
held
for
storage
within
the
meaning
of
19
this
chapter
.
Grain
may
be
held
considered
stored
grain
and
20
may
be
retained
in
open
storage
or
placed
on
under
warehouse
21
receipt.
A
warehouse
receipt
shall
be
issued
for
all
grain
22
held
in
open
storage
within
one
year
from
the
date
of
delivery
23
to
the
warehouse,
unless
the
depositor
has
signed
a
statement
24
that
the
depositor
does
not
desire
a
warehouse
receipt.
A
The
25
licensed
warehouse
operator
shall
issue
a
warehouse
receipt
26
shall
be
issued
to
the
depositor
upon
request
by
the
depositor.
27
The
warehouse
operator’s
tariff
shall
apply
for
to
any
grain
28
that
is
retained
in
open
storage
or
placed
under
warehouse
29
receipt
as
provided
in
section
203C.18
.
30
2.
Bulk
grain
deposited
with
a
licensed
warehouse
operator
31
for
processing,
cleaning,
drying,
shipping
for
the
account
of
32
the
depositor
,
or
any
other
purpose
shall
be
removed
within
33
thirty
days
from
the
date
of
deposit
or
such
grain
shall
be
34
determined
as
considered
stored
grain
and
the
.
The
warehouse
35
-4-
LSB
1218XD
(9)
90
da/ns
4/
15
S.F.
_____
H.F.
_____
operator’s
tariff
charges
shall
apply
to
the
bulk
grain
as
1
provided
in
section
203C.28
.
2
3.
Grain
received
on
deposited
and
subject
to
a
scale
weight
3
ticket
which
that
fails
to
have
the
price
fixed
and
properly
4
documented
on
the
records
of
the
licensed
warehouse
operator
5
shall
be
construed
to
be
retained
in
open
storage.
6
4.
All
bulk
grain
whether
retained
in
open
storage
and
7
deposited
subject
to
a
scale
weight
ticket
or
having
been
8
placed
on
under
warehouse
receipt
is
covered
by
the
grain
9
depositors
and
sellers
indemnity
fund
created
in
as
provided
in
10
chapter
203D
.
11
5.
Any
grain
which
has
been
received
at
any
An
unlicensed
12
warehouse
and
for
which
the
operator
shall
not
retain
deposited
13
bulk
grain,
if
its
actual
sale
price
has
not
been
fixed
,
and
14
payment
for
the
bulk
grain
has
not
been
made
within
thirty
days
15
from
receipt
of
the
grain
its
date
of
deposit
,
unless
covered
16
purchased
by
a
credit-sale
contract
,
shall
be
construed
to
be
17
unlawful
storage
within
the
meaning
of
this
chapter
.
Bulk
18
grain
received
at
any
An
unlicensed
warehouse
for
any
operator
19
who
retains
deposited
bulk
gain
under
any
other
purpose
20
circumstance
must
either
be
returned
return
the
bulk
grain
to
21
the
depositor
,
or
disposed
of
dispose
of
the
bulk
grain
by
22
order
of
the
depositor
,
within
thirty
days
from
date
of
actual
23
the
deposit
of
the
bulk
grain.
24
Sec.
10.
Section
203C.25,
Code
2023,
is
amended
to
read
as
25
follows:
26
203C.25
Shrinkage
adjustments
——
disclosures
——
penalties.
27
1.
A
person
who,
in
connection
with
the
receipt
of
28
corn
or
soybeans
grain
for
storage,
processing,
or
sale,
29
adjusts
the
scale
weight
of
the
grain
to
compensate
for
the
30
moisture
content
of
the
grain
shall
compute
the
amount
of
31
the
adjustment
by
multiplying
the
scale
weight
of
the
grain
32
by
that
factor
which
results
in
a
rate
of
adjustment
of
one
33
and
eighteen
hundredths
percent
of
weight
per
one
percent
of
34
moisture
content.
The
use
of
person
who
uses
any
rate
of
35
-5-
LSB
1218XD
(9)
90
da/ns
5/
15
S.F.
_____
H.F.
_____
weight
adjustment
for
moisture
content
other
than
the
one
1
prescribed
by
this
subsection
is
commits
a
fraudulent
practice
2
as
defined
in
section
714.8
.
The
person
shall
post
on
the
3
business
premises
in
a
conspicuous
place
notice
of
the
rate
4
of
adjustment
for
moisture
content
that
is
as
prescribed
by
5
this
subsection
.
Failure
The
person
who
fails
to
make
this
6
disclosure
is
commits
a
simple
misdemeanor.
7
2.
A
person
who,
in
connection
with
the
receipt
of
grain
for
8
storage,
processing
,
or
sale,
adjusts
the
quantity
of
the
grain
9
received
to
compensate
for
losses
to
be
incurred
during
the
10
handling,
processing,
or
storage
of
the
grain
shall
post
on
the
11
business
premises
in
a
conspicuous
place
notice
of
the
rate
of
12
adjustment
to
be
made
for
this
shrinkage.
Failure
The
person
13
who
fails
to
make
the
required
this
disclosure
is
commits
a
14
simple
misdemeanor.
15
3.
A
person
who
adjusts
the
scale
weight
of
corn
or
soybeans
16
both
grain
for
moisture
content
and
for
handling,
processing,
17
or
storage
losses
may
combine
the
two
adjustment
factors
into
18
a
single
factor
and
may
use
this
resulting
factor
to
compute
19
the
amount
of
weight
adjustment
in
connection
with
storage,
20
processing,
or
sale
transactions,
provided
that
the
person
21
shall
post
on
the
business
premises
in
a
conspicuous
place
a
22
notice
that
discloses
the
moisture
shrinkage
factor
prescribed
23
by
subsection
1
,
the
handling
shrinkage
factor
to
be
imposed,
24
and
the
single
factor
that
results
from
combining
these
25
factors.
Failure
The
person
who
fails
to
make
the
required
26
this
disclosure
is
commits
a
simple
misdemeanor.
27
Sec.
11.
Section
203C.36,
subsection
2,
paragraph
a,
28
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
29
(3)
Uses
a
scale
weight
ticket,
warehouse
receipt,
or
30
other
document
in
violation
of
this
chapter
or
requirements
31
established
by
the
department
under
this
chapter
.
32
PART
C
33
INDEMNITY
FUND
34
Sec.
12.
Section
203D.1,
Code
2023,
is
amended
by
adding
the
35
-6-
LSB
1218XD
(9)
90
da/ns
6/
15
S.F.
_____
H.F.
_____
following
new
subsection:
1
NEW
SUBSECTION
.
14A.
“Scale
weight
ticket”
means
the
same
2
as
defined
in
section
203C.1.
3
DIVISION
III
4
WEIGHTS
AND
MEASURES
5
PART
A
6
LICENSING,
INSPECTIONS,
AND
FEES
7
Sec.
13.
Section
214.2,
Code
2023,
is
amended
to
read
as
8
follows:
9
214.2
License.
10
1.
A
person
who
uses
or
displays
for
use
any
commercial
11
weighing
and
measuring
device
,
as
defined
in
section
215.1
,
12
shall
secure
must
be
issued
a
license
from
by
the
department
13
for
that
device
.
The
department
shall
issue
the
license
after
14
inspecting
the
device.
15
2.
a.
Except
as
provided
in
paragraph
“b”
,
a
license
issued
16
under
subsection
1
shall
expire
on
December
31
of
each
year.
17
b.
A
license
issued
under
subsection
1
for
a
motor
fuel
pump
18
shall
expire
on
June
30
of
each
year.
19
Sec.
14.
Section
214.3,
subsection
1,
Code
2023,
is
amended
20
by
striking
the
subsection.
21
Sec.
15.
Section
214.3,
subsection
2,
Code
2023,
is
amended
22
to
read
as
follows:
23
2.
The
A
license
inspection
fee
is
imposed
on
a
person
24
who
uses
or
displays
for
use
a
commercial
weighing
and
25
measuring
device
.
The
license
fee
is
due
the
day
the
device
26
is
placed
into
service
department
issues
the
license
.
A
27
license
inspection
fee
shall
be
charged
to
the
person
owning
28
or
operating
a
commercial
weighing
and
measuring
device
29
inspected
The
amount
of
the
license
fee
shall
be
calculated
in
30
accordance
with
the
class
or
section
for
devices
as
established
31
by
handbook
44
of
the
United
States
national
institute
of
32
standards
and
technology.
33
Sec.
16.
Section
214.11,
subsection
1,
Code
2023,
is
amended
34
to
read
as
follows:
35
-7-
LSB
1218XD
(9)
90
da/ns
7/
15
S.F.
_____
H.F.
_____
1.
The
department
shall
provide
for
annual
biennial
1
inspections
of
all
motor
fuel
pumps,
including
but
not
limited
2
to
motor
fuel
blender
pumps,
licensed
under
this
chapter
.
3
Inspections
shall
be
for
the
purpose
of
determining
the
4
accuracy
and
correctness
of
motor
fuel
pumps.
For
that
purpose
5
the
department’s
inspectors
may
enter
upon
the
premises
of
any
6
a
wholesale
dealer
or
a
retail
dealer
motor
fuel
site
.
7
Sec.
17.
Section
215.2,
Code
2023,
is
amended
to
read
as
8
follows:
9
215.2
Special
inspection
tests
——
request
——
fees.
10
1.
The
owner
or
servicer
of
a
commercial
weighing
and
11
measuring
device
may
request
the
department
conduct
a
special
12
inspection
test
of
the
device
to
determine
its
accuracy
and
13
correctness.
14
2.
The
fee
for
special
tests,
including
but
not
limited
to,
15
using
state
inspection
equipment,
for
the
calibration,
testing,
16
certification,
or
repair
conducting
a
special
inspection
test
17
of
a
commercial
weighing
and
measuring
device
shall
be
paid
18
by
the
owner
or
servicer
or
person
requesting
the
special
19
inspection
test
in
accordance
with
the
following
schedule:
20
1.
a.
Class
S,
scales,
seventy-five
dollars
per
hour.
21
2.
b.
Class
M,
meters,
fifty-two
dollars
and
fifty
cents
22
per
hour.
23
Sec.
18.
REPEAL.
Section
215.12,
Code
2023,
is
repealed.
24
PART
B
25
MOTOR
FUEL
STANDARDS
AND
CLASSIFICATIONS
26
Sec.
19.
Section
159A.6,
subsection
1,
paragraph
c,
Code
27
2023,
is
amended
to
read
as
follows:
28
c.
Develop
standards
for
decals
required
pursuant
to
29
section
214A.16
214A.21A
,
which
shall
be
designed
to
promote
30
the
advantages
of
using
renewable
fuels.
The
standards
may
be
31
incorporated
within
a
model
decal
adopted
by
the
office.
32
Sec.
20.
Section
214A.1,
subsection
2,
Code
2023,
is
amended
33
to
read
as
follows:
34
2.
“ASTM
international”
means
a
nonprofit
organization,
35
-8-
LSB
1218XD
(9)
90
da/ns
8/
15
S.F.
_____
H.F.
_____
previously
named
the
American
society
for
testing
and
materials
1
international.
2
Sec.
21.
Section
214A.1,
Code
2023,
is
amended
by
adding
the
3
following
new
subsections:
4
NEW
SUBSECTION
.
33A.
a.
“Renewable
diesel”
means
a
motor
5
fuel
for
use
in
an
internal
combustion
engine
and
ignited
by
6
pressure
without
the
presence
of
an
electric
spark,
which
7
is
produced
from
nonfossil
renewable
resources,
including
8
agricultural
plants,
animal
fats,
residue,
and
waste
generated
9
from
the
production,
processing,
and
marketing
of
agricultural
10
products,
and
other
renewable
resources.
11
b.
“Renewable
diesel”
must
meet
the
standards
provided
in
12
section
214A.2.
13
c.
“Renewable
diesel”
does
not
include
any
of
the
following:
14
(1)
Biodiesel.
15
(2)
A
fuel
that
has
been
coprocessed.
16
NEW
SUBSECTION
.
33B.
“Renewable
diesel
blended
fuel”
means
17
a
blend
of
renewable
diesel
with
petroleum-based
diesel
fuel,
18
biodiesel,
or
a
combination
of
petroleum-based
diesel
fuel
and
19
biodiesel,
which
meets
the
standards,
including
separately
20
the
standard
for
its
renewable
diesel
component,
provided
in
21
section
214A.2.
22
Sec.
22.
Section
214A.2,
subsection
4,
Code
2023,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
c.
(1)
If
the
motor
fuel
is
advertised
25
for
sale
or
sold
as
renewable
diesel
or
renewable
diesel
26
blended
fuel,
the
motor
fuel
must
meet
departmental
standards
27
based
in
part
or
in
whole
on
specifications
adopted
by
ASTM
28
international
for
renewable
diesel
or
renewable
diesel
blended
29
motor
fuel,
to
every
extent
applicable,
as
determined
by
the
30
department
subject
to
subparagraph
(2).
31
(2)
Renewable
diesel
must
at
least
meet
departmental
32
standards
based
in
whole
or
in
part
on
ASTM
international
33
specification
D975,
or
a
successor
ASTM
international
34
specification,
established
by
rule.
The
specification
shall
35
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1218XD
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90
da/ns
9/
15
S.F.
_____
H.F.
_____
apply
to
renewable
diesel
before
it
leaves
its
place
of
1
manufacture.
2
Sec.
23.
Section
214A.2,
subsection
5,
Code
2023,
is
amended
3
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
d.
(1)
Renewable
diesel
shall
be
classified
5
RD-100.
6
(2)
Renewable
diesel
blended
fuel
shall
be
classified
RD-xx
7
where
“xx”
is
the
volume
percent
of
renewable
diesel.
8
Sec.
24.
Section
214A.2B,
Code
2023,
is
amended
to
read
as
9
follows:
10
214A.2B
Laboratory
for
motor
fuel
and
biofuels
fuels,
11
biofuels,
and
renewable
fuels
.
12
A
laboratory
for
motor
fuel
and
biofuels
is
established
at
a
13
community
college
which
is
engaged
in
biofuels
testing
on
July
14
1,
2007,
and
which
testing
includes
but
is
not
limited
to
The
15
Iowa
central
fuel
testing
laboratory
at
Iowa
central
community
16
college
shall
test
motor
fuels,
biofuels,
and
renewable
fuels,
17
including
but
not
limited
to
B-20
biodiesel
fuel
testing
for
18
use
by
motor
trucks
and
the
ability
of
biofuels
to
meet
ASTM
19
international
standards
.
The
laboratory
shall
conduct
the
20
testing
of
motor
fuel
fuels
sold
in
this
state
and
biofuel
21
which
is
biofuels
blended
in
with
motor
fuel
fuels
in
this
22
state
to
ensure
that
the
motor
fuel
or
fuels,
biofuels
,
and
23
renewable
fuels
meet
the
requirements
departmental
standards
24
in
section
214A.2
.
25
PART
C
26
CODE
EDITOR
DIRECTIVE
27
Sec.
25.
CODE
EDITOR
DIRECTIVE.
28
1.
The
Code
editor
is
directed
to
make
the
following
29
transfer:
30
Section
214A.16
to
section
214A.21A.
31
2.
The
Code
editor
shall
correct
internal
references
in
the
32
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
33
enactment
of
this
section.
34
DIVISION
IV
35
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LSB
1218XD
(9)
90
da/ns
10/
15
S.F.
_____
H.F.
_____
WATER
QUALITY
1
Sec.
26.
Section
466B.43,
subsection
6,
Code
2023,
is
2
amended
to
read
as
follows:
3
6.
By
October
1,
2019,
and
each
October
1
thereafter
of
4
each
year
,
the
division
shall
submit
a
report
to
the
governor
5
and
the
general
assembly
itemizing
expenditures,
by
hydrologic
6
unit
code
8
watershed,
under
the
programs
,
if
any,
during
the
7
previous
fiscal
year
,
if
any
.
8
Sec.
27.
Section
466B.44,
subsection
5,
Code
2023,
is
9
amended
to
read
as
follows:
10
5.
Notwithstanding
any
other
provision
in
this
section
11
to
the
contrary,
beginning
on
July
1,
2018,
the
division
12
may
use
any
amount
available
to
support
the
water
quality
13
urban
infrastructure
program
to
instead
extend
do
any
of
the
14
following:
15
a.
Extend
and
support
the
three-year
data
collection
of
16
in-field
agricultural
practices
project
as
enacted
in
2015
Iowa
17
Acts,
ch.
132,
§18
.
18
b.
Support
water
quality
agriculture
infrastructure
programs
19
created
in
section
466B.43.
20
Sec.
28.
Section
466B.44,
subsection
7,
Code
2023,
is
21
amended
to
read
as
follows:
22
7.
By
October
1,
2019,
and
by
October
1
of
each
year
23
thereafter
,
the
division
shall
submit
a
report
to
the
governor
24
and
the
general
assembly
itemizing
expenditures
under
the
25
program,
if
any,
during
the
previous
fiscal
year.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
GENERAL.
This
bill
relates
to
a
number
of
regulations
30
and
programs
administered
and
enforced
by
the
department
of
31
agriculture
and
land
stewardship
(DALS).
Specifically,
the
32
bill
amends
provisions
regulating
commercial
establishments
33
including
pet
shops
engaged
in
the
business
of
purchasing
and
34
transferring
(by
sale
or
exchange)
vertebrate
animals
(animals)
35
-11-
LSB
1218XD
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90
da/ns
11/
15
S.F.
_____
H.F.
_____
other
than
agricultural
animals
(Code
chapter
162).
The
1
bill
regulates
grain
transactions
including
by
grain
dealers
2
(dealers)
and
warehouse
operators
(operators)
(Code
chapters
3
203
and
203C)
and
the
indemnification
of
losses
by
sellers
or
4
depositors
from
the
grain
depositors
and
sellers
indemnity
fund
5
(Code
chapter
203D).
The
bill
also
regulates
the
commercial
6
use
of
weights
and
measures,
including
motor
fuel
pumps
(fuel
7
pumps)
that
are
part
of
motor
fuel
dispensers
(dispensers),
8
and
types
of
motor
fuel
advertised
for
sale
(Code
chapters
9
214,
214A,
and
215),
including
diesel
fuel
for
use
in
certain
10
internal
combustion
engines.
Finally,
the
bill
provides
for
11
the
expenditure
of
moneys
for
surface
water
quality
initiatives
12
(initiatives)
in
order
to
assess
and
reduce
nutrients
in
this
13
state’s
watersheds
(Code
chapter
466B)
in
conformance
with
the
14
Iowa
nutrient
reduction
strategy
(Code
section
455B.171).
15
COMMERCIAL
ESTABLISHMENTS
——
PET
SHOPS.
Under
current
law,
16
a
business
classified
as
a
pet
shop
is
a
type
of
establishment
17
required
to
be
annually
licensed
(Code
section
162.5)
and
pay
18
an
associated
fee
(Code
section
162.2B).
A
business
is
not
19
regulated
as
a
pet
shop
if,
during
the
prior
12-month
period,
20
the
business
either
receives
less
than
$500
or
transfers
21
less
than
six
animals.
The
bill
doubles
the
exemption
22
qualifications
to
less
than
$1,000
or
less
than
12
animals
23
(amended
Code
section
162.2).
24
COMMERCIAL
ESTABLISHMENTS
——
PENALTY.
A
person
who
operates
25
as
a
pet
shop
in
violation
of
licensing
requirements
is
guilty
26
of
a
simple
misdemeanor
(Code
section
162.13).
27
GRAIN
REGULATION
——
BACKGROUND.
As
part
of
a
grain
28
transaction,
an
operator
issues
a
prenumbered
scale
29
weight
ticket
to
a
depositor
as
evidence
of
stored
grain.
30
Alternatively,
the
operator
may
issue
a
warehouse
receipt
as
a
31
form
which
may
be
a
document
of
title
and
therefore
negotiable
32
(Code
chapter
554,
Art.
7).
In
order
for
a
seller
or
depositor
33
to
be
indemnified
for
a
loss
by
the
fund,
the
dollar
value
of
34
a
claim
for
transferred
grain
is
based
on
either
a
warehouse
35
-12-
LSB
1218XD
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90
da/ns
12/
15
S.F.
_____
H.F.
_____
receipt
or
scale
weight
ticket
(Code
section
203D.6).
1
GRAIN
REGULATION
——
TERMS.
Currently,
several
different
2
terms
are
used
to
describe
the
same
item.
The
bill
changes
3
the
terms
to
be
uniform,
including
“scale
ticket”
to
“scale
4
weight
ticket”
and
“Iowa
grain
depositors
and
sellers
indemnity
5
fund”
to
“grain
depositors
and
sellers
indemnity
fund”,
which
6
are
both
defined
(amended
Code
sections
203.1,
203.5,
203.11,
7
203.17,
203C.5,
203C.6,
203C.17,
203C.36,
and
203D.1).
8
GRAIN
REGULATION
——
GRAIN
MOISTURE
CONTENT.
A
person
9
receiving
corn
or
soybeans
as
part
of
a
transaction
involving
10
storage,
processing,
or
sale
may
adjust
the
scale
weight
to
11
account
for
moisture
content
(i.e.,
reducing
the
scale
weight
12
by
a
special
factor
calculated
for
each
1
percent
of
moisture
13
content).
The
bill
provides
that
the
adjustment
applies
to
all
14
grain
in
which
there
are
standards
established
by
the
United
15
States
department
of
agriculture
(Code
sections
203.1
and
16
203C.1
and
amended
Code
sections
203.20
and
203C.25).
17
GRAIN
REGULATION
——
OPEN
STORAGE.
An
operator
may
retain
18
delivered
grain
in
open
storage
(meaning
without
issuing
a
19
warehouse
receipt
or
making
a
purchase)
subject
to
certain
20
limitations.
Grain
subject
to
a
scale
weight
ticket
without
21
having
the
price
fixed
and
documented
by
the
operator
is
22
considered
to
be
retained
in
open
storage.
Currently,
if
23
grain
is
retained
in
open
storage,
the
operator
must
issue
the
24
depositor
a
warehouse
receipt
within
one
year
of
the
grain’s
25
delivery
date,
unless
the
depositor
signs
a
statement
refusing
26
it.
The
bill
eliminates
this
requirement.
Upon
request,
the
27
operator
must
still
issue
the
depositor
a
warehouse
receipt
28
(amended
Code
section
203C.17).
29
GRAIN
REGULATION
——
PENALTIES.
A
person
who
violates
Code
30
chapter
203
or
203C
is
guilty
of
a
simple
misdemeanor
(Code
31
sections
203.11
and
203C.36).
32
WEIGHTS
AND
MEASURES.
A
person
who
uses
or
displays
a
33
commercial
weighing
or
measuring
device
(device)
must
be
34
licensed.
The
term
of
the
license
is
12
months.
Generally,
35
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LSB
1218XD
(9)
90
da/ns
13/
15
S.F.
_____
H.F.
_____
the
term
is
on
a
calendar
year
basis
(January
1
to
December
1
31)
but
for
motor
fuel
pumps
the
term
is
on
a
fiscal
year
2
basis
(July
1
to
June
30).
A
fee
is
required
for
the
issuance
3
of
the
license
and
an
inspection
(license
inspection
fee)
4
first
due
when
the
device
is
placed
into
service.
DALS
is
5
expressly
required
to
inspect
motor
fuel
pumps
each
year.
The
6
bill
provides
that
the
fee
is
for
the
issuance
of
the
license
7
rather
than
the
inspection,
the
license
fee
is
due
when
the
8
license
is
issued,
and
that
DALS
must
inspect
motor
fuel
pumps
9
on
a
biennial
basis
(amended
Code
sections
214.2,
214.3,
and
10
214.11).
The
bill
also
eliminates
a
requirement
that
persons
11
engaged
in
repairing
scales
must
file
a
bond
with
the
state
12
(repealed
Code
section
215.12).
13
WEIGHTS
AND
MEASURES
——
MOTOR
FUEL
STANDARDS
AND
14
CLASSIFICATIONS.
Motor
fuels
include
fossil
(petroleum)
based
15
gasoline
and
diesel
fuel
as
well
as
certain
biofuel
components
16
derived
from
renewable
(nonpetroleum)
resources
such
as
ethanol
17
classified
as
E-100
and
biodiesel
comprised
of
monoalkyl
esters
18
of
long-chain
fatty
acids
and
classified
as
B-100.
Both
types
19
of
substances
are
used
to
produce
renewable
fuels
(e.g.,
E-15
20
or
B-5)
subject
to
separate
departmental
standards
based
on
21
ASTM
international
(ASTM)
specifications.
The
bill
regulates
22
another
liquid
fuel
referred
to
renewable
diesel
classified
as
23
RD-100
that
may
be
used
as
a
motor
fuel
or
a
blending
component
24
and
classified
as
RD-xx.
RD-100
is
produced
from
nonfossil
25
renewable
resources
but
is
not
biodiesel
due
to
manufacturing
26
processes.
Petroleum-based
diesel
fuel
and
RD-100
are
subject
27
to
the
same
ASTM
specification
D975
while
B-100
is
subject
to
28
ASTM
specification
D6751
(amended
Code
sections
214A.1
and
29
214A.2).
30
WEIGHTS
AND
MEASURES
——
TESTING
LABORATORY.
The
bill
31
expressly
recognizes
the
Iowa
central
fuel
testing
laboratory
32
at
Iowa
central
community
college
as
the
official
laboratory
33
for
testing
motor
fuels,
biofuels,
and
renewable
fuels
(amended
34
Code
section
214A.2B).
35
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15
S.F.
_____
H.F.
_____
WEIGHTS
AND
MEASURES
——
CODE
EDITOR
DIRECTIVE.
The
bill
1
transfers
Code
section
214A.16
from
subchapter
I
to
subchapter
2
II
of
Code
chapter
214A.
The
Code
section
regulates
a
notice
3
required
to
be
posted
for
consumers
purchasing
renewable
fuels.
4
In
2022,
the
general
assembly
enacted
2022
Iowa
Acts,
chapter
5
1152,
which
reorganized
Code
chapter
214A.
Subchapter
I
6
regulates
general
matters
such
as
standards
and
classifications
7
and
subchapter
II
regulates
the
advertisement,
sale,
and
use
8
of
motor
fuel.
9
WEIGHTS
AND
MEASURES
——
PENALTY.
A
person
who
fails
to
allow
10
for
an
inspection
of
a
motor
fuel
pump
is
guilty
of
a
simple
11
misdemeanor.
12
WATER
QUALITY.
DALS
regulates
two
water
quality
13
initiatives,
including
water
quality
agriculture
infrastructure
14
programs
(amended
Code
section
466B.43)
and
the
water
quality
15
urban
infrastructure
program
(amended
Code
section
466B.44).
16
The
initiative
is
supported
by
the
water
quality
initiative
17
fund
(Code
section
466B.45),
the
water
quality
infrastructure
18
fund
(Code
section
8.57B),
and
the
water
quality
financial
19
assistance
fund
(Code
section
16.134A).
Moneys
in
the
last
20
fund
(15
percent)
are
appropriated
to
support
the
water
quality
21
urban
infrastructure
program.
The
bill
provides
that
DALS
22
may
use
moneys
available
to
support
the
water
quality
urban
23
infrastructure
program
to
instead
support
the
water
quality
24
agriculture
infrastructure
programs.
The
bill
also
eliminates
25
dates
in
several
Code
sections
that
are
now
extraneous.
26
APPLICABLE
PENALTIES.
A
simple
misdemeanor
is
punishable
by
27
confinement
for
no
more
than
30
days
and
a
fine
of
at
least
$105
28
but
not
more
than
$855.
29
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