House File 202

1 1 Section 1. Section 199.1, Code 2005, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 11A. a. "Local governmental entity"
1 4 means any political subdivision, or any state authority which
1 5 is not any of the following:
1 6 (1) The general assembly.
1 7 (2) A principal central department as enumerated in
1 8 section 7E.5, or a unit of a principal central department.
1 9 b. "Local governmental entity" includes but is not limited
1 10 to a county, special district, township, or city as provided
1 11 in title IX of this Code.
1 12 NEW SUBSECTION. 11B. "Local legislation" means any
1 13 ordinance, motion, resolution, amendment, regulation, or rule
1 14 adopted by a local governmental entity.
1 15 Sec. 2. NEW SECTION. 199.13A LOCAL LEGISLATION ==
1 16 PROHIBITION.
1 17 1. The provisions of this chapter and rules adopted by the
1 18 department pursuant to this chapter shall preempt local
1 19 legislation adopted by a local governmental entity relating to
1 20 the production, use, advertising, sale, distribution, storage,
1 21 transportation, formulation, packaging, labeling,
1 22 certification, or registration of an agricultural seed. A
1 23 local governmental entity shall not adopt or continue in
1 24 effect such local legislation regardless of whether a statute
1 25 or a rule adopted by the department specifically preempts the
1 26 local legislation. Local legislation in violation of this
1 27 section is void and unenforceable.
1 28 2. This section does not apply to local legislation of
1 29 general applicability to commercial activity.
1 30 EXPLANATION
1 31 This bill amends provisions in Code chapter 199 regulating
1 32 the sale of agricultural seed. This includes grass, forage,
1 33 cereal, oil, fiber, and any other kind of crop seed. It
1 34 includes those seeds commonly recognized as crop seed, lawn
1 35 seed, or vegetable seed. Code chapter 199 is regulated by the
2 1 department of agriculture and land stewardship.
2 2 The bill preempts a local governmental entity, including a
2 3 county, special district, township, or city, from adopting or
2 4 enforcing legislation which relates to the production, use,
2 5 advertising, sale, distribution, storage, transportation,
2 6 formulation, packaging, labeling, certification, or
2 7 registration of agricultural seed. The local legislation is
2 8 void and unenforceable.
2 9 The bill includes a provision which allows a local
2 10 governmental entity to adopt legislation which regulates
2 11 commercial activities generally without targeting a specific
2 12 industry.
2 13 LSB 1996HH 81
2 14 da:nh/pj/5.1

Senate File 259

1 1 Section 1. INTENT. It is the intent of the general
1 2 assembly in enacting this Act to accomplish uniformity in
1 3 oversight and regulation of seed and grain used in
1 4 agriculture. It is not intended that this Act preclude a
1 5 local governmental entity from pursuing governmental
1 6 activities not in conflict with this Act.
1 7 Sec. 2. Section 199.1, Code 2005, is amended by adding the
1 8 following new subsections:
1 9 NEW SUBSECTION. 11A. a. "Local governmental entity"
1 10 means any political subdivision, or any state authority which
1 11 is not any of the following:
1 12 (1) The general assembly.
1 13 (2) A principal central department as enumerated in
1 14 section 7E.5, or a unit of a principal central department.
1 15 b. "Local governmental entity" includes but is not limited
1 16 to a county, special district, township, or city as provided
1 17 in title IX of this Code.
1 18 NEW SUBSECTION. 11B. "Local legislation" means any
1 19 ordinance, motion, resolution, amendment, regulation, or rule
1 20 adopted by a local governmental entity.
1 21 Sec. 3. NEW SECTION. 199.13A LOCAL LEGISLATION ==
1 22 PROHIBITION.
1 23 1. The provisions of this chapter and rules adopted by the
1 24 department pursuant to this chapter shall preempt local
1 25 legislation adopted by a local governmental entity relating to
1 26 the production, use, advertising, sale, distribution, storage,
1 27 transportation, formulation, packaging, labeling,
1 28 certification, or registration of an agricultural seed. A
1 29 local governmental entity shall not adopt or continue in
1 30 effect such local legislation regardless of whether a statute
1 31 or a rule adopted by the department specifically preempts the
1 32 local legislation. Local legislation in violation of this
1 33 section is void and unenforceable.
1 34 2. This section does not apply to any of the following:
1 35 a. Local legislation of general applicability to
2 1 commercial activity.
2 2 b. A motion or resolution that provides for any activity
2 3 relating to agricultural seed which is owned by the local
2 4 governmental entity and which is kept or used on land held by
2 5 the local governmental entity.
2 6 EXPLANATION
2 7 This bill amends provisions in Code chapter 199 regulating
2 8 the sale of agricultural seed. This includes grass, forage,
2 9 cereal, oil, fiber, and any other kind of crop seed. It
2 10 includes those seeds commonly recognized as crop seed, lawn
2 11 seed, or vegetable seed. Code chapter 199 is regulated by the
2 12 department of agriculture and land stewardship.
2 13 The bill preempts a local governmental entity, including a
2 14 county, special district, township, or city, from adopting or
2 15 enforcing legislation which relates to the production, use,
2 16 advertising, sale, distribution, storage, transportation,
2 17 formulation, packaging, labeling, certification, or
2 18 registration of agricultural seed. The local legislation is
2 19 void and unenforceable.
2 20 The bill includes a provision which allows a local
2 21 governmental entity to adopt legislation which regulates
2 22 commercial activities generally without targeting a specific
2 23 industry. It also provides that a local governmental entity
2 24 may by motion or resolution provide activities relating to
2 25 agricultural seed which is kept or used on the local
2 26 governmental entity owned land.
2 27 LSB 1996SV 81
2 28 da:nh/pj/5

For online copies visit: http://www.legis.state.ia.us/aspx/Cool-ICE/DisplayBills.htm