General Assembly: 80 (2003 Regular GA) - Chapter 163 - Manure application requirements


Published: 2003-05-30

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477 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 163

and in good faith, in accordance with a generally recognized engineering or safety standard, criteria, standards or design theory theories in existence at the time of the construction or re- construction. 15. Any claim based upon or arising out of an act or omission of an officer or employee of

the municipality or the municipality’s governing body by a person skateboarding, or in-line skating, bicycling, unicycling, scootering, river rafting, canoeing, or kayaking on public prop- ertywhen thepersonknewor reasonably shouldhaveknown that the skateboarding, or in-line skating, bicycling, unicycling, scootering, river rafting, canoeing, or kayaking created a sub- stantial risk of injury to the person and was voluntarily in the place of risk. The exemption from liability contained in this subsection shall only apply to claims for injuries or damage re- sulting from the risks inherent in the activities of skateboarding, or in-line skating, bicycling, unicycling, scootering, river rafting, canoeing, or kayaking.

Approved May 30, 2003

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CH. 163CH. 163

CHAPTER 163

MANURE APPLICATION REQUIREMENTS

H.F. 644

ANACT providing formanure application requirements, providing for fees, making penalties applicable, and providing effective dates.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 459.102, subsection 11, Code 2003, is amended by striking the subsec- tion, and inserting in lieu thereof the following: 11. “Commercial manure service” means a sole proprietor or business association as de-

fined in section 9H.1, engaged in the business of transporting, handling, storing, or applying manure for a fee.

Sec. 2. Section 459.102, Code 2003, is amended by adding the following new subsections: NEW SUBSECTION. 11A. “Commercial manure service representative” means a natural

person who is any of the following: a. A manager of a commercial manure service. As used in this paragraph a “manager” is

a person who is actively involved in the operation of a commercial manure service and takes an important part inmakingmanagement decisions substantially contributing to affecting the success of the commercial manure service. b. An employee, agent, or contractor of a commercial manure service, if the person is en-

gaged in transporting, handling, storing, or applyingmanure on behalf of the commercial ma- nure service. NEW SUBSECTION. 15A. “Confinement site manure applicator” means a person, other

than a commercial manure service or a commercial manure service representative, who ap- plies manure on land if the manure originates from a manure storage structure. NEW SUBSECTION. 19A. “Director” means the director of the department of natural re-

sources. NEW SUBSECTION. 23A. “Family member” means a person related to another person as

parent, grandparent, child, grandchild, sibling, or a spouse of such a related person.

478LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 163

Sec. 3. Section 459.103, subsection 2, Code 2003, is amended to read as follows: 2. Any provision referring generally to compliance with the requirements of this chapter as

applied to animal feeding operations also includes compliance with requirements in rules adopted by the commission pursuant to this section, orders issued by the department as autho- rized under this chapter, and the terms and conditions applicable to licenses, certifications, permits, ormanuremanagement plans required under subchapter III. However, for purposes of approving or disapproving an application for a construction permit as provided in section 459.304, conditions for the approval of an application based on results produced by a master matrix are not requirements of this chapter until the department approves or disapproves an application based on those results.

Sec. 4. NEW SECTION. 459.314A LICENSURE — COMMERCIAL MANURE SERVICE. Aperson shall not engage in thebusiness of a commercialmanure service, unless thedepart-

ment issues the person a commercial manure service license under this section. 1. The department shall not issue a license to a commercial manure service unless each

manager of the commercialmanure service is certified as a commercialmanure service repre- sentative pursuant to section 459.315. 2. The department shall not issue a license to a commercial manure service, if the license

for the commercial manure service has been revoked within the previous three years or a per- son who holds a controlling interest in the commercial manure service held a controlling in- terest in another commercial service which has been revoked within the previous three years. 3. The department may impose conditions or limitations upon the license. However, the is-

suance of a license shall not be conditioned upon providing a bond or maintaining a certain financial condition. A commercial manure service shall be issued a single license regardless of the number of sites where the commercial manure service operates offices. 4. A license applicationmust be submitted to the department on a form furnished by the de-

partment according to procedures required by the department. The license shall expire on March 1 of each year. 5. A commercial manure service shall be charged a license fee as provided in section

459.316.

Sec. 5. NEWSECTION. 459.314B DISCIPLINARYACTION—COMMERCIALMANURE SERVICE. Thedepartmentmay issueanorder to suspendor revoke the licenseof a commercialmanure

service as provided in chapter 17A, including an order to immediately suspend or revoke the license pursuant to section 17A.18A. The department may suspend or revoke the license of a commercial manure service for an applicable violation of this chapter. In addition, the de- partment may suspend or revoke a commercial manure service’s license for any of the follow- ing: 1. Committing a fraudulent act, including but not limited to engaging in a deceptive act or

practice, deliberately misrepresenting or omitting a material fact in the license application or submitting a statement verifying that an employeemay be substituted for certificationwithout paying a fee as provided in section 459.316. 2. Knowingly assisting a person in evading the provisions of this chapter. 3. Knowingly employing or executing a contract with a person who acts as a commercial

manure service representative who is not certified pursuant to section 459.315.

Sec. 6. Section 459.315, subsections 1 and 2, Code 2003, are amended by striking the sub- sections and inserting in lieu thereof the following: 1. a. A person shall not act as a commercial manure service representative, unless the per-

son is certified pursuant to an educational program as provided in this section. b. A person shall not act as a confinement sitemanure applicator, unless the person is certi-

fied pursuant to an educational program as provided in this section.

479 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 163

Sec. 7. Section 459.315, subsection 3, paragraph a, Code 2003, is amended to read as fol- lows: a. A person required to be certified as a commercial manure applicator service representa-

tivemust be certified by the department each year. The person shall be certified after complet- ing an educational program which shall consist of an examination required to be passed by the person or three hours of continuing instructional courses which the person must attend each year in lieu of passing the examination.

Sec. 8. Section 459.315, subsection 4, unnumbered paragraph 1, Code 2003, is amended to read as follows: The department shall adopt, by rule, requirements for the certification, including education-

al program requirements. The department may establish different educational programs de- signed for commercial manure applicators service representatives and confinement site ma- nure applicators. The department shall adopt rules necessary to administer this section, including establishing certification standards, which shall at least include standards for the transporting, handling, application, and storageof storing, and applyingmanure, thepotential effects of manure upon surface water and groundwater, and procedures to remediate the po- tential effects on surface water or groundwater.

Sec. 9. Section 459.315, subsection 4, paragraph b, Code 2003, is amended to read as fol- lows: b. The department shall administer the continuing instructional courses, by either teaching

the courses or selecting persons to teach the courses, according to criteria as provided by rules adopted by the department. The department shall, to the extent possible, select persons to teach the continuing instructional courses. The department is not required to compensate per- sons to teach the continuing instructional courses. In selecting persons, the department shall consult with organizations interested in the application of transporting, handling, storing, or applying manure, including associations representing manure applicators the Iowa commer- cial nutrient applicators association and associations representing agricultural producers. The Iowa cooperative extension service in agriculture and home economics of Iowa state uni- versity of science and technology shall cooperate with the department in administering the continuing instructional courses. The Iowa cooperative extension servicemay teach continu- ing instructional courses, train persons selected to teach courses, or distribute informational materials to persons teaching the courses.

Sec. 10. Section 459.315, subsection 5, paragraph a, Code 2003, is amended to read as fol- lows: a. This section shall not require a person to be certified as a commercial manure applicator

service representative if any of the following applies: (1) The person is any of the following: (a) Actively engaged in farming who trades work with another such person. (b) Employed by a person actively engaged in farming not solely as a manure applicator

who applies manure as an incidental part of the person’s general duties. (c) Engaged in applying manure as an incidental part of a custom farming operation. (d) Engaged in applying manure as an incidental part of a person’s duties as provided by

rules adopted by the department providing for an exemption. (2) Theperson transports, handles, stores, or appliesmanure for aperiodof thirty days from

thedate of initial employment as a commercialmanureapplicator if service representative and all of the following apply: (a) The person is actively seeking certification under this section. (b) The person applying the manure is acting transporting, handling, storing, or applying

manure under the instructions and control of a certified commercial manure applicator who is both of the following: service representative. The commercial manure service representa- tive must be physically (a) Physically present at the site where the manure is located.

480LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 163

(b) InThe commercialmanure service representativemust alsobe in sight or hearing imme- diate communication distance of the supervised person.

Sec. 11. Section 459.315, subsection 6, Code 2003, is amended to read as follows: 6. The department may charge a fee for certifying a person under this section as provided

in section 459.316. The fee for certification shall be based on the costs of administering and enforcing this section and paying the expenses of the department relating to certification. A person who is certified as a confinement site manure applicator as provided in this section is exempt from paying the certification fee, if all of the following apply: a. The person is certifiedwithin one year from the date that a familymember has been certi-

fied as a confinement site manure applicator. b. The family member has paid the fee for that family member’s own certification.

Sec. 12. NEW SECTION. 459.315A DISCIPLINARY ACTION — COMMERCIAL MA- NURE SERVICE REPRESENTATIVES. The department may issue an order to suspend or revoke the certification of a commercial

manure service representative for a violation of this chapter. The department shall issue an order for the suspension or revocation of a certificate as provided in chapter 17A. The depart- ment may issue an order to immediately suspend or revoke the certification notwithstanding section 17A.18.

Sec. 13. Section 459.316, subsection 1, paragraph d, Code 2003, is amended to read as fol- lows: d. FeesEducational programfees paidbypersons required by thedepartment to be certified

as commercial manure applicators service representatives or confinement site manure appli- cators pursuant to section 459.315. The amount of the educational program fees togetherwith commercial manure service licensing fees shall be adjusted annually by the department based on the costs of administering section 459.315 and paying the expenses of the department relat- ing to certification. (1) The fee for certification of a commercial manure service representative shall not be

more than seventy-five dollars. A commercial manure service licensed pursuant to section 459.314A may pay for the annual certification of its employees. If a commercial manure ser- vicemakes payment for an employee to be certified as a commercialmanure service represen- tative, and that employee leaves employment, the commercial manure service may substitute a new employee to be certified for the former employee. The department shall not charge for the certification of the substituted employee. The department may require that the commer- cial manure service provide the department with documentation that the substitution is valid. The department shall not charge the fee to a personwho is amanager of a commercialmanure service licensed pursuant to section 459.314A. The departmentmay require that the commer- cial manure service provide documentation that a person is a manager. (2) A personwho is certified as a confinement sitemanure applicator as provided in section

459.315 is exempt from paying the certification fee if all of the following apply: (a) The person is certifiedwithin one year from the date that a familymember has been cer-

tified as a confinement site manure applicator. (b) The family member has paid the fee for that family member’s own certification.

Sec. 14. Section 459.316, subsection 1,Code 2003, is amended by adding the followingnew paragraph: NEW PARAGRAPH. e. Fees paid by persons required by the department to be licensed as

a commercial manure service as provided in section 459.314A. The fee for a commercial ma- nure service license shall not be more than two hundred dollars. The amount of the licensing fees together with educational program fees shall be adjusted annually by the department

481 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 163

basedon the costs of administering section459.315andpaying the expensesof thedepartment relating to certification.

Sec. 15. Section 459.316, subsection 2, Code 2003, is amended to read as follows: 2. a. Except as provided in paragraph “b”, Compliance fees collected by the department

shall be deposited into the animal agriculture compliance fund created in section 459.401. a. Moneys Except as provided in paragraph “b”, moneys collected from all fees other than

the annual compliance fee shall be deposited into the compliance fund’s general account. b. Moneys collected from the annual compliance fee shall be deposited into the compliance

fund’s assessment account. Moneys collected from commercial manure service license fees and educational program fees shall be deposited into the compliance fund’s educational pro- gram account. b. Receipts that are required to be received by the department from persons required to be

certified pursuant to section 459.315may be used to compensate a personwho teaches contin- uing instructional courses in lieu of deposit into the compliance fund.

Sec. 16. Section 459.316, subsection 3, Code 2003, is amended to read as follows: 3. At the end of each fiscal year the department shall determine the balance of unencum-

bered and unobligated moneys in the assessment account and the educational program ac- count of the animal agriculture compliance fund created pursuant to section 459.401. a. If on that date June 30, the balance of unencumbered and unobligated moneys in the as-

sessment account is one million dollars or more, the department shall adjust the rate of the annual compliance fee for the following fiscal year. The adjusted rate for the annual compli- ance fee shall be based on the department’s estimate of the amount required to ensure that at the end of the following fiscal year the balance of unencumbered and unobligated moneys in the assessment account is not one million dollars or more. b. If on June 30, the balance of unencumbered and unobligated moneys in the educational

program account is twenty-five thousand dollars ormore, the department shall adjust the rate of the commercial manure service license fee and the educational program fee for the follow- ing fiscal year. The adjusted rate for the fees shall be based on the department’s estimate of the amount required to ensure that at the end of the following fiscal year the balance of unen- cumbered and unobligatedmoneys in the assessment account is not twenty-five thousand dol- lars or more.

Sec. 17. Section 459.401, subsection 2, unnumbered paragraph 1, Code 2003, is amended to read as follows: The compliance fund is composed of two three accounts, the general account, and the as-

sessment account, and the educational program account.

Sec. 18. Section 459.401, subsection 2, paragraph a, subparagraph (3), Code 2003, is amended by striking the subparagraph and inserting in lieu thereof the following: (3) Educational program fees required to be paid by commercial service representatives or

confinement site manure applicators pursuant to section 459.316. (3A) A commercial manure service license fee as provided in section 359.316.1

Sec. 19. Section 459.401, subsection 2,Code 2003, is amended by adding the followingnew paragraph: NEWPARAGRAPH. c. The educational programaccount is composed ofmoneys collected

from the commercial manure service license fee and the educational program fee required pursuant to section 459.316.

Sec. 20. Section 459.401, subsection 5, Code 2003, is amended to read as follows: 5. Notwithstanding section 8.33, any unexpended balance in an account of the compliance

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1 See chapter 179, §73 herein

482LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 163

fund at the end of the fiscal year shall be retained in the fund that account. Notwithstanding section 12C.7, subsection 2, interest, earnings on investments, or time deposits of themoneys in an account of the compliance fund shall be credited to the fund that account.

Sec. 21. PRIOR PAYMENT OF FEES. 1. a. Amanager of a commercialmanure service that has paid a certification fee asprovided

in section 459.315, Code 2003, on or after January 1, 2003, but before the effective date of this Act, shall not be required to pay a fee for a commercialmanure service license pursuant to sec- tion 459.316 until March 1, 2004. b. A commercial manure service representative who has paid a certification fee as provided

in section 459.315, Code 2003, on or after January 1, 2003, but before the effective date of this Act, shall not be required to pay an educational program fee required pursuant to section 459.316 until March 1, 2005. 2. The departmentmay require that a personwho is excused frompaying a commercialma-

nure service license fee or an educational program feeas provided in this sectionprovidedocu- mentation that the person is excused from paying the fee when being issued a license or be- coming certified.

Sec. 22. DIRECTIVE TO CODE EDITOR. The Code editor shall transfer section 459.316, as amended by this Act, to a new section 459.400.

Sec. 23. EFFECTIVE DATES. 1. Except as provided in subsection 2, this Act, being deemed of immediate importance,

takes effect upon enactment. 2. Section 459.314A, as enacted in this Act, takes effect January 1, 2004.

Approved May 30, 2003

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CH. 164CH. 164

CHAPTER 164

SALES AND USE TAXES — SAND HANDLING AND CORE AND MOLD MAKING EQUIPMENT

H.F. 654

AN ACT relating to the exemption of sand handling and core and mold making equipment used in themoldmaking process from sales and use taxes, providing refunds, and includ- ing effective and retroactive applicability date provisions.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 422.45, Code 2003, is amended by adding the following new subsection: NEWSUBSECTION. 64. Thegross receipts from the sale or rental of coreandmoldmaking

equipment and sand handling equipment directly and primarily used in themoldmaking pro- cess by a foundry.

Sec. 2. REFUNDS. Refunds of taxes, interest, or penalties which arise from claims result- ing from the enactment of section 422.45, subsection 64, in this Act, for sales or rentals of core and mold making equipment and sand handling equipment occurring between July 1, 1997, and the effective date of this Act, shall be limited to six hundred thousand dollars in the aggre-