Governor Vilsack Takes Action on Final Day of Bill Signing Period
Governor Vilsack Takes Action on Final Day of Bill Signing Period
Vetoes canine breeding facilities provisions, signs nine other bills
Governor Tom Vilsack took action on several bills today. By statute, the Governor has 30 days to take action on bills after the end of the general assembly, and today marks the last day to take such action.
The Governor vetoed Senate File 2076, a bill for an act relating to confinement feeding operations and by providing for manure management plans.
"Iowa has witnessed unprecedented growth in the swine industry across the state with new permitted and non-permitted facilities," wrote Vilsack in his transmittal letter to the Secretary of State. "I have serious concerns, however, with the policy change established in section two of the bill. The new language would allow a person renting land for crop production to spread manure without express permission or knowledge of the landowner. Current law limits the authority to execute written agreements for manure application to the owner of the land. This bill would create real opportunity for friction between neighbors, which is contrary to Iowa values."
The Governor also vetoed certain provisions of House File 2797 relating to canines from licensed breeding facilities:
Section 81 - This provision adds "canines from licensed facilities" to the list of farm products under chapter 352 of the Iowa Code, which allows counties to regulate land use through adoption of zoning ordinances if a county so chooses. Including licensed canine facilities to the list of farm products would eliminate a county's ability to address the concerns of neighbors and the impacts such operations would have on adjacent property.
Section 83 - This provision adds "canines from licensed facilities" to the definition of an "agricultural product" under chapter 423.1 of the Iowa Code, thereby eliminating the sales tax on inputs for commercial dog kennels. Breeding dogs is not equivalent to any of the other activities that fall within the definition of an agricultural product, which includes "flowering, ornamental, or vegetable plants and those products of aquaculture." Moreover, other services involved in the breeding and raising of companion animals must charge sales tax, including veterinary and grooming services. The Governor found no compelling reason why commercial dog kennels should receive a tax advantage not offered to others in the business of raising companion animals.
"This is not about animal cruelty or treating dogs like livestock," said Vilsack. "Adding canines from licensed facilities to the list of farm products cited under Iowa Code would affect our counties' abilities to enforce their zoning and land use regulations. In addition, adding canines from licensed facilities to the list of agricultural products in Iowa code would not stop double taxation since they are not being double taxed. In reality, the facility collects sales tax from customers and submits it to the state. Since canine facilities do not pay taxes out of their own receipts, there is no double taxation and this provision is unnecessary."
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http://www.governor.state.ia.us/news/2006/june/june0206_2.html