Bill Text: IA HF666 | 2023-2024 | 90th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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, making penalties applicable, and including effective date provisions. (Formerly HF 277, HSB 113.) Effective date: 06/01/2023, 07/01/2023.

Spectrum: Committee Bill

Status: (Passed) 2023-06-01 - Signed by Governor. H.J. 1042. [HF666 Detail]

Download: Iowa-2023-HF666-Introduced.html

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House File 666 - Introduced
HOUSE FILE 666
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO HF 277)
(SUCCESSOR TO HSB 113)
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, making penalties applicable, and including effective
date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
REGULATION OF COMMERCIAL ESTABLISHMENTS
Section 1. Section 162.2, subsection 19, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
19. “Pet shop” means a facility where vertebrate animals,
excluding fish, not born and reared on the facility’s premises
are bought, sold, exchanged, or offered for sale or exchange to
the public, at retail. “Pet shop” does not include a facility
if one of the following applies:
a. The facility receives less than one thousand dollars from
the sale or exchange of vertebrate animals, excluding fish,
during a twelve-month period.
b. The facility sells or exchanges less than twelve
vertebrate animals, excluding fish, during a twelve-month
period.
DIVISION II
GRAIN REGULATION
PART A
GRAIN DEALERS
Sec. 2. Section 203.1, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION . 12A. “Scale weight ticket” means the same
as defined in section 203C.1.
Sec. 3. Section 203.5, subsection 8, paragraph a, Code 2023,
is amended to read as follows:
a. The applicant has caused liability to the Iowa grain
depositors and sellers indemnity fund in regard to a license
issued under this chapter or chapter 203C , and the liability
has not been discharged, settled, or satisfied.
Sec. 4. Section 203.11, subsection 2, paragraph a,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Uses a scale weight ticket or credit-sale contract in
violation of this chapter or a requirement established by the
department under this chapter .
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Sec. 5. Section 203.15, subsection 2, paragraph f, Code
2023, is amended to read as follows:
f. The duration of the credit-sale contract, which shall
not exceed twelve fifteen months from the date the contract is
executed.
Sec. 6. Section 203.17, Code 2023, is amended to read as
follows:
203.17 Documents and records.
1. The department may adopt rules specifying the form,
content, use, and maintenance of documents issued by a grain
dealer under this chapter including but not limited to scale
weight tickets, settlement sheets, daily position records, and
credit-sale contracts. The department may adopt rules for
both printed and electronic documents, including rules for
the transmission, receipt, authentication, and archiving of
electronically generated or stored documents.
2. All scale weight ticket forms in the possession of a
grain dealer shall have been permanently and consecutively
numbered at the time of printing. A grain dealer shall
maintain an accurate record of all scale weight ticket numbers.
The record shall include the disposition of each numbered form,
whether issued, destroyed, or otherwise disposed of.
Sec. 7. Section 203.20, Code 2023, is amended to read as
follows:
203.20 Shrinkage adjustments —— disclosures —— penalties.
1. A person who, in connection with the receipt of
corn or soybeans grain for storage, processing, or sale,
adjusts the scale weight of the grain to compensate for the
moisture content of the grain shall compute the amount of
the adjustment by multiplying the scale weight of the grain
by that factor which results in a rate of adjustment of one
and eighteen hundredths percent of weight per one percent of
moisture content. The use of person who uses any rate of
weight adjustment for moisture content other than the one
prescribed by this subsection is commits a fraudulent practice
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as defined in section 714.8 . The person shall post on the
business premises in a conspicuous place notice of the rate
of adjustment for moisture content that is as prescribed by
this subsection . Failure The person who fails to make this
disclosure is commits a simple misdemeanor.
2. A person who, in connection with the receipt of grain for
storage, processing , or sale, adjusts the quantity of the grain
received to compensate for losses to be incurred during the
handling, processing, or storage of the grain shall post on the
business premises in a conspicuous place notice of the rate of
adjustment to be made for this shrinkage. Failure The person
who fails to make the required this disclosure is commits a
simple misdemeanor.
3. A person who adjusts the scale weight of corn or soybeans
both grain for moisture content and for handling, processing,
or storage losses may combine the two adjustment factors into
a single factor and may use this resulting factor to compute
the amount of weight adjustment in connection with storage,
processing, or sale transactions, provided that the person
shall post on the business premises in a conspicuous place a
notice that discloses the moisture shrinkage factor prescribed
by subsection 1 , the handling shrinkage factor to be imposed,
and the single factor that results from combining these
factors. Failure The person who fails to make the required
this disclosure is commits a simple misdemeanor.
PART B
WAREHOUSE OPERATORS
Sec. 8. Section 203C.5, subsection 2, Code 2023, is amended
to read as follows:
2. a. The department may adopt rules specifying the
form, content, and use of documents issued by a warehouse
operator under this chapter including but not limited to scale
weight tickets, warehouse receipts, settlement sheets, and
daily position records. The department may adopt rules for
both printed and electronic documents, including rules for
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the transmission, receipt, authentication, and archiving of
electronically generated or stored documents.
b. All scale weight ticket forms and warehouse receipt
forms in the possession of a warehouse operator shall have been
permanently and consecutively numbered at the time of printing.
A warehouse operator shall maintain an accurate record of
the numbers of these documents. The record shall include
the disposition of each form, whether issued, destroyed, or
otherwise disposed of. The department may by rule require this
use of prenumbered forms and recording for documents other than
scale weight tickets and warehouse receipts.
Sec. 9. Section 203C.6, subsection 8, paragraph a, Code
2023, is amended to read as follows:
a. The applicant has caused liability to the Iowa grain
depositors and sellers indemnity fund through operations under
a license issued under this chapter or chapter 203 , and the
liability has not been discharged, settled, or satisfied.
Sec. 10. Section 203C.17, subsections 1, 2, 3, 4, and 5,
Code 2023, are amended to read as follows:
1. Any grain which has been received at any Grain deposited
with a licensed warehouse operator for which the actual sale
price is has not been fixed and either proper documentation
made has not been furnished or payment has not been made shall
be construed to be grain held for storage within the meaning of
this chapter . Grain may be held considered stored grain and
may be retained in open storage or placed on under warehouse
receipt. A warehouse receipt shall be issued for all grain
held in open storage within one year from the date of delivery
to the warehouse, unless the depositor has signed a statement
that the depositor does not desire a warehouse receipt. A The
licensed warehouse operator shall issue a warehouse receipt
shall be issued to the depositor upon request by the depositor.
The warehouse operator’s tariff shall apply for to any grain
that is retained in open storage or placed under warehouse
receipt as provided in section 203C.18 .
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2. Bulk grain deposited with a licensed warehouse operator
for processing, cleaning, drying, shipping for the account of
the depositor , or any other purpose shall be removed within
thirty days from the date of deposit or such grain shall be
determined as considered stored grain and the . The warehouse
operator’s tariff charges shall apply to the bulk grain as
provided in section 203C.28 .
3. Grain received on deposited and subject to a scale weight
ticket which that fails to have the price fixed and properly
documented on the records of the licensed warehouse operator
shall be construed to be retained in open storage.
4. All bulk grain whether retained in open storage and
deposited subject to a scale weight ticket or having been
placed on under warehouse receipt is covered by the grain
depositors and sellers indemnity fund created in as provided in
chapter 203D .
5. Any grain which has been received at any An unlicensed
warehouse and for which the operator shall not retain deposited
bulk grain, if its actual sale price has not been fixed , and
payment for the bulk grain has not been made within thirty days
from receipt of the grain its date of deposit , unless covered
purchased by a credit-sale contract , shall be construed to be
unlawful storage within the meaning of this chapter . Bulk
grain received at any An unlicensed warehouse for any operator
who retains deposited bulk gain under any other purpose
circumstance must either be returned return the bulk grain to
the depositor , or disposed of dispose of the bulk grain by
order of the depositor , within thirty days from date of actual
the deposit of the bulk grain.
Sec. 11. Section 203C.25, Code 2023, is amended to read as
follows:
203C.25 Shrinkage adjustments —— disclosures —— penalties.
1. A person who, in connection with the receipt of
corn or soybeans grain for storage, processing, or sale,
adjusts the scale weight of the grain to compensate for the
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moisture content of the grain shall compute the amount of
the adjustment by multiplying the scale weight of the grain
by that factor which results in a rate of adjustment of one
and eighteen hundredths percent of weight per one percent of
moisture content. The use of person who uses any rate of
weight adjustment for moisture content other than the one
prescribed by this subsection is commits a fraudulent practice
as defined in section 714.8 . The person shall post on the
business premises in a conspicuous place notice of the rate
of adjustment for moisture content that is as prescribed by
this subsection . Failure The person who fails to make this
disclosure is commits a simple misdemeanor.
2. A person who, in connection with the receipt of grain for
storage, processing , or sale, adjusts the quantity of the grain
received to compensate for losses to be incurred during the
handling, processing, or storage of the grain shall post on the
business premises in a conspicuous place notice of the rate of
adjustment to be made for this shrinkage. Failure The person
who fails to make the required this disclosure is commits a
simple misdemeanor.
3. A person who adjusts the scale weight of corn or soybeans
both grain for moisture content and for handling, processing,
or storage losses may combine the two adjustment factors into
a single factor and may use this resulting factor to compute
the amount of weight adjustment in connection with storage,
processing, or sale transactions, provided that the person
shall post on the business premises in a conspicuous place a
notice that discloses the moisture shrinkage factor prescribed
by subsection 1 , the handling shrinkage factor to be imposed,
and the single factor that results from combining these
factors. Failure The person who fails to make the required
this disclosure is commits a simple misdemeanor.
Sec. 12. Section 203C.36, subsection 2, paragraph a,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Uses a scale weight ticket, warehouse receipt, or
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other document in violation of this chapter or requirements
established by the department under this chapter .
PART C
INDEMNITY FUND
Sec. 13. Section 203D.1, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION . 14A. “Scale weight ticket” means the same
as defined in section 203C.1.
Sec. 14. Section 203D.3, subsection 3, Code 2023, is amended
to read as follows:
3. The fiscal assessment year of the fund begins July
September 1 and ends on June 30 August 31 . Fiscal Assessment
quarters of the fund begin July September 1, October December
1, January March 1, and April June 1. The finances of the fund
shall be calculated on an accrual basis in accordance with
generally accepted accounting principles.
Sec. 15. Section 203D.3A, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A licensee shall pay a participation fee on four successive
installment dates, with each installment date occurring on the
last date of the fund’s fiscal assessment quarter as provided
in section 203D.3 . The licensee shall pay twenty-five percent
of the total participation fee assessed on each installment
date. However, nothing in this subsection prevents a licensee
from paying the participation fee on an accelerated basis. A
licensee shall pay the first installment on the last date of
the fund’s fiscal assessment quarter immediately following the
licensee’s anniversary date.
Sec. 16. Section 203D.5, subsection 1, Code 2023, is amended
to read as follows:
1. The board shall annually review the debits of and credits
to the grain depositors and sellers indemnity fund created
in section 203D.3 and shall determine whether to impose the
participation fee and per-bushel fee as provided in section
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203D.3A , make adjustments to the fees effective on the previous
July September 1, or waive the fees as necessary to comply with
this section . The board shall make the determination not later
than May 1 of each year. The board shall impose the fees or
adjust the fees effective on the previous July September 1 in
accordance with chapter 17A . The imposition or adjustment of
the fees shall become effective as follows:
a. For the participation fee, on the following July
September 1. However, the licensee shall continue to pay the
participation fee at the rate in effect on the prior July
September 1, until the licensee has paid the amount owing.
b. For a per-bushel fee, on the following July September 1.
Sec. 17. Section 203D.5, subsection 4, Code 2023, is amended
to read as follows:
4. If on the last date of the fund’s fiscal assessment year
as provided in section 203D.3 the assets of the fund exceed
eight million dollars, less any encumbered balances or pending
or unsettled claims, all of the following apply:
a. The participation fee shall be waived and shall not be
assessable or owing for the following fiscal assessment year
of the fund. However, the licensee shall continue to pay any
owing participation fee that was in effect on the prior July
September 1.
b. The per-bushel fee shall be waived and shall not be
assessable or owing.
PART D
EFFECTIVE DATE
Sec. 18. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION III
WEIGHTS AND MEASURES
PART A
LICENSING, INSPECTIONS, AND FEES
Sec. 19. Section 214.2, Code 2023, is amended to read as
follows:
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214.2 License.
1. A person who uses or displays for use any commercial
weighing and measuring device , as defined in section 215.1 ,
shall secure must be issued a license from by the department
for that device . The department shall issue the license after
inspecting the device.
2. a. Except as provided in paragraph “b” , a license issued
under subsection 1 shall expire on December 31 of each year.
b. A license issued under subsection 1 for a motor fuel pump
shall expire on June 30 of each year.
Sec. 20. Section 214.3, subsection 1, Code 2023, is amended
by striking the subsection.
Sec. 21. Section 214.3, subsection 2, Code 2023, is amended
to read as follows:
2. The A license inspection fee is imposed on a person
who uses or displays for use a commercial weighing and
measuring device . The license fee is due the day the device
is placed into service department issues the license . A
license inspection fee shall be charged to the person owning
or operating a commercial weighing and measuring device
inspected The amount of the license fee shall be calculated in
accordance with the class or section for devices as established
by handbook 44 of the United States national institute of
standards and technology.
Sec. 22. Section 214.11, subsection 1, Code 2023, is amended
to read as follows:
1. The department shall provide for annual biennial
inspections of all motor fuel pumps, including but not limited
to motor fuel blender pumps, licensed under this chapter .
Inspections shall be for the purpose of determining the
accuracy and correctness of motor fuel pumps. For that purpose
the department’s inspectors may enter upon the premises of any
a wholesale dealer or a retail dealer motor fuel site .
Sec. 23. Section 215.2, Code 2023, is amended to read as
follows:
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215.2 Special inspection tests —— request —— fees.
1. The owner or servicer of a commercial weighing and
measuring device may request the department conduct a special
inspection test of the device to determine its accuracy and
correctness.
2. The fee for special tests, including but not limited to,
using state inspection equipment, for the calibration, testing,
certification, or repair conducting a special inspection test
of a commercial weighing and measuring device shall be paid
by the owner or servicer or person requesting the special
inspection test in accordance with the following schedule:
1. a. Class S, scales, seventy-five dollars per hour.
2. b. Class M, meters, fifty-two dollars and fifty cents
per hour.
Sec. 24. REPEAL. Section 215.12, Code 2023, is repealed.
PART B
MOTOR FUEL STANDARDS AND CLASSIFICATIONS
Sec. 25. Section 159A.6, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. Develop standards for decals required pursuant to
section 214A.16 214A.21A , which shall be designed to promote
the advantages of using renewable fuels. The standards may be
incorporated within a model decal adopted by the office.
Sec. 26. Section 214A.1, subsection 2, Code 2023, is amended
to read as follows:
2. “ASTM international” means a nonprofit organization,
previously named the American society for testing and materials
international.
Sec. 27. Section 214A.1, Code 2023, is amended by adding the
following new subsections:
NEW SUBSECTION . 33A. a. “Renewable diesel” means a motor
fuel for use in an internal combustion engine and ignited by
pressure without the presence of an electric spark, which
is produced from nonfossil renewable resources, including
agricultural plants, animal fats, residue, and waste generated
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from the production, processing, and marketing of agricultural
products, and other renewable resources.
b. “Renewable diesel” must meet the standards provided in
section 214A.2.
c. “Renewable diesel” does not include any of the following:
(1) Biodiesel.
(2) A fuel that has been coprocessed.
NEW SUBSECTION . 33B. “Renewable diesel blended fuel” means
a blend of renewable diesel with petroleum-based diesel fuel,
biodiesel, or a combination of petroleum-based diesel fuel and
biodiesel, which meets the standards, including separately
the standard for its renewable diesel component, provided in
section 214A.2.
Sec. 28. Section 214A.2, subsection 4, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH . c. (1) If the motor fuel is advertised
for sale or sold as renewable diesel or renewable diesel
blended fuel, the motor fuel must meet departmental standards
based in part or in whole on specifications adopted by ASTM
international for renewable diesel or renewable diesel blended
motor fuel, to every extent applicable, as determined by the
department subject to subparagraph (2).
(2) Renewable diesel must at least meet departmental
standards based in whole or in part on ASTM international
specification D975, or a successor ASTM international
specification, established by rule. The specification shall
apply to renewable diesel before it leaves its place of
manufacture.
Sec. 29. Section 214A.2, subsection 5, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH . d. (1) Renewable diesel shall be classified
RD-100.
(2) Renewable diesel blended fuel shall be classified RD-xx
where “xx” is the volume percent of renewable diesel.
Sec. 30. Section 214A.2B, Code 2023, is amended to read as
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follows:
214A.2B Laboratory for motor fuel and biofuels fuels,
biofuels, and renewable fuels .
A laboratory for motor fuel and biofuels is established at a
community college which is engaged in biofuels testing on July
1, 2007, and which testing includes but is not limited to The
Iowa central fuel testing laboratory at Iowa central community
college shall test motor fuels, biofuels, and renewable fuels,
including but not limited to B-20 biodiesel fuel testing for
use by motor trucks and the ability of biofuels to meet ASTM
international standards . The laboratory shall conduct the
testing of motor fuel fuels sold in this state and biofuel
which is biofuels blended in with motor fuel fuels in this
state to ensure that the motor fuel or fuels, biofuels , and
renewable fuels meet the requirements departmental standards
in section 214A.2 .
PART C
CODE EDITOR DIRECTIVE
Sec. 31. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 214A.16 to section 214A.21A.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
DIVISION IV
WATER QUALITY
Sec. 32. Section 466B.43, subsection 6, Code 2023, is
amended to read as follows:
6. By October 1, 2019, and each October 1 thereafter of
each year , the division shall submit a report to the governor
and the general assembly itemizing expenditures, by hydrologic
unit code 8 watershed, under the programs , if any, during the
previous fiscal year , if any .
Sec. 33. Section 466B.44, subsection 5, Code 2023, is
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amended to read as follows:
5. Notwithstanding any other provision in this section
to the contrary, beginning on July 1, 2018, the division
may use any amount available to support the water quality
urban infrastructure program to instead extend do any of the
following:
a. Extend and support the three-year data collection of
in-field agricultural practices project as enacted in 2015 Iowa
Acts, ch. 132, §18 .
b. Support water quality agriculture infrastructure programs
created in section 466B.43, to the extent that moneys are not
obligated or encumbered during a fiscal year to adequately
support all urban infrastructure program projects that meet the
division’s requirements.
Sec. 34. Section 466B.44, subsection 7, Code 2023, is
amended to read as follows:
7. By October 1, 2019, and by October 1 of each year
thereafter , the division shall submit a report to the governor
and the general assembly itemizing expenditures under the
program, if any, during the previous fiscal year.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
GENERAL. This bill relates to a number of regulations
and programs administered and enforced by the department of
agriculture and land stewardship (DALS). Specifically, the
bill amends provisions regulating commercial establishments
including pet shops engaged in the business of purchasing and
transferring (by sale or exchange) vertebrate animals (animals)
other than agricultural animals (Code chapter 162). The
bill regulates grain transactions including by grain dealers
(dealers) and warehouse operators (operators) (Code chapters
203 and 203C) and the indemnification of losses by sellers or
depositors from the grain depositors and sellers indemnity fund
(Code chapter 203D). The bill also regulates the commercial
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use of weights and measures, including motor fuel pumps (fuel
pumps) that are part of motor fuel dispensers (dispensers),
and types of motor fuel advertised for sale (Code chapters
214, 214A, and 215), including diesel fuel for use in certain
internal combustion engines. Finally, the bill provides for
the expenditure of moneys for surface water quality initiatives
(initiatives) in order to assess and reduce nutrients in this
state’s watersheds (Code chapter 466B) in conformance with the
Iowa nutrient reduction strategy (Code section 455B.171).
COMMERCIAL ESTABLISHMENTS —— PET SHOPS. Under current law,
a business classified as a pet shop is a type of establishment
required to be annually licensed (Code section 162.5) and pay
an associated fee (Code section 162.2B). A business is not
regulated as a pet shop if, during the prior 12-month period,
the business either receives less than $500 or transfers
less than six animals. The bill doubles the exemption
qualifications to less than $1,000 or less than 12 animals
(amended Code section 162.2).
COMMERCIAL ESTABLISHMENTS —— PENALTY. A person who operates
as a pet shop in violation of licensing requirements is guilty
of a simple misdemeanor (Code section 162.13).
GRAIN REGULATION —— BACKGROUND. As part of a grain
transaction, an operator issues a prenumbered scale
weight ticket to a depositor as evidence of stored grain.
Alternatively, the operator may issue a warehouse receipt as a
form which may be a document of title and therefore negotiable
(Code chapter 554, Art. 7). In order for a seller or depositor
to be indemnified for a loss by the fund, the dollar value of
a claim for transferred grain is based on either a warehouse
receipt or scale weight ticket (Code section 203D.6).
GRAIN REGULATION —— TERMS. Currently, several different
terms are used to describe the same item. The bill changes
the terms to be uniform, including “scale ticket” to “scale
weight ticket” and “Iowa grain depositors and sellers indemnity
fund” to “grain depositors and sellers indemnity fund”, which
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are both defined (amended Code sections 203.1, 203.5, 203.11,
203.17, 203C.5, 203C.6, 203C.17, 203C.36, and 203D.1).
GRAIN REGULATION —— GRAIN MOISTURE CONTENT. A person
receiving corn or soybeans as part of a transaction involving
storage, processing, or sale may adjust the scale weight to
account for moisture content (i.e., reducing the scale weight
by a special factor calculated for each 1 percent of moisture
content). The bill provides that the adjustment applies to all
grain in which there are standards established by the United
States department of agriculture (Code sections 203.1 and
203C.1 and amended Code sections 203.20 and 203C.25).
GRAIN REGULATION —— CREDIT-SALE CONTRACT. A buyer and
seller of grain may execute a credit-sale contract, also known
as a price-later contract, for transfer of title, in which the
seller delivers the grain to the buyer who pays the seller
a price more than 30 days later (Code section 203.1). In
order to engage in these transactions, a buyer who is a grain
dealer must maintain a class 1 license requiring a net worth
of at least $75,000 (Code section 203.3(4)), the parties must
execute a contract form meeting statutory requirements (amended
Code section 203.15(2)), and the grain is not considered as
purchased grain covered by the grain depositors and sellers
indemnity fund (Code section 203D.6(4)). The bill extends the
maximum period of a credit-sale contract’s duration, requiring
later payment for the delivered grain, from 12 to 15 months
(amended Code section 203.15(2)).
GRAIN REGULATION —— OPEN STORAGE. An operator may retain
delivered grain in open storage (meaning without issuing a
warehouse receipt or making a purchase) subject to certain
limitations. Grain subject to a scale weight ticket without
having the price fixed and documented by the operator is
considered to be retained in open storage. Currently, if
grain is retained in open storage, the operator must issue the
depositor a warehouse receipt within one year of the grain’s
delivery date, unless the depositor signs a statement refusing
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it. The bill eliminates this requirement. Upon request, the
operator must still issue the depositor a warehouse receipt
(amended Code section 203C.17).
GRAIN REGULATION —— PENALTIES. A person who violates Code
chapter 203 or 203C is guilty of a simple misdemeanor (Code
sections 203.11 and 203C.36).
GRAIN DEPOSITORS AND SELLERS INDEMNITY FUND. The fund
compensates a “depositor” storing grain with a licensed
operator who fails to return possession of the grain to
the depositor, or a “seller” selling grain to a licensed
dealer incurred when the dealer fails to make payment for the
purchased grain (Code section 203D.6). The fund is supported
by fees paid by operators and dealers. A dealer is assessed a
participation fee and per-bushel fee based on purchased grain.
An operator is assessed a participation fee based on warehouse
storage capacity (Code sections 203D.3A and 203D.5). The Iowa
grain indemnity fund board (board) acts on behalf of the fund,
including by establishing the rate of fees to be assessed and
owing each 12-month period beginning July 1 and ending June 30
which are divided into 3-month quarters (subject to a floor
of $3 million when fees must be assessed and a ceiling of $8
million when fees can no longer be assessed). The bill changes
the 12-month periods to begin September 1 and end August 31,
and makes coordinating changes to when the quarterly periods
begin and end.
WEIGHTS AND MEASURES. A person who uses or displays a
commercial weighing or measuring device (device) must be
licensed. The term of the license is 12 months. Generally,
the term is on a calendar year basis (January 1 to December
31) but for motor fuel pumps the term is on a fiscal year
basis (July 1 to June 30). A fee is required for the issuance
of the license and an inspection (license inspection fee)
first due when the device is placed into service. DALS is
expressly required to inspect motor fuel pumps each year. The
bill provides that the fee is for the issuance of the license
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rather than the inspection, the license fee is due when the
license is issued, and that DALS must inspect motor fuel pumps
on a biennial basis (amended Code sections 214.2, 214.3, and
214.11). The bill also eliminates a requirement that persons
engaged in repairing scales must file a bond with the state
(repealed Code section 215.12).
WEIGHTS AND MEASURES —— MOTOR FUEL STANDARDS AND
CLASSIFICATIONS. Motor fuels include fossil (petroleum) based
gasoline and diesel fuel as well as certain biofuel components
derived from renewable (nonpetroleum) resources such as ethanol
classified as E-100 and biodiesel comprised of monoalkyl esters
of long-chain fatty acids and classified as B-100. Both types
of substances are used to produce renewable fuels (e.g., E-15
or B-5) subject to separate departmental standards based on
ASTM international (ASTM) specifications. The bill regulates
another liquid fuel referred to renewable diesel classified as
RD-100 that may be used as a motor fuel or a blending component
and classified as RD-xx. RD-100 is produced from nonfossil
renewable resources but is not biodiesel due to manufacturing
processes. Petroleum-based diesel fuel and RD-100 are subject
to the same ASTM specification D975 while B-100 is subject to
ASTM specification D6751 (amended Code sections 214A.1 and
214A.2).
WEIGHTS AND MEASURES —— TESTING LABORATORY. The bill
expressly recognizes the Iowa central fuel testing laboratory
at Iowa central community college as the official laboratory
for testing motor fuels, biofuels, and renewable fuels (amended
Code section 214A.2B).
WEIGHTS AND MEASURES —— CODE EDITOR DIRECTIVE. The bill
transfers Code section 214A.16 from subchapter I to subchapter
II of Code chapter 214A. The Code section regulates a notice
required to be posted for consumers purchasing renewable fuels.
In 2022, the general assembly enacted 2022 Iowa Acts, chapter
1152, which reorganized Code chapter 214A. Subchapter I
regulates general matters such as standards and classifications
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and subchapter II regulates the advertisement, sale, and use
of motor fuel.
WEIGHTS AND MEASURES —— PENALTY. A person who fails to allow
for an inspection of a motor fuel pump is guilty of a simple
misdemeanor.
WATER QUALITY. DALS regulates two water quality
initiatives, including water quality agriculture infrastructure
programs (amended Code section 466B.43) and the water quality
urban infrastructure program (amended Code section 466B.44).
The initiative is supported by the water quality initiative
fund (Code section 466B.45), the water quality infrastructure
fund (Code section 8.57B), and the water quality financial
assistance fund (Code section 16.134A). Moneys in the last
fund (15 percent) are appropriated to support the water quality
urban infrastructure program. The bill provides that if moneys
remain after adequately supporting all water quality urban
infrastructure program projects for the fiscal year, DALS may
use those moneys to instead support water quality agriculture
infrastructure programs. The bill also eliminates dates in
several Code sections that are now extraneous.
APPLICABLE PENALTIES. A simple misdemeanor is punishable by
confinement for no more than 30 days and a fine of at least $105
but not more than $855.
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