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PAG LIN
1 1 Amend House File 519 as follows:
1 2 #1. By striking page 1, line 12, through page 5,
1 3 line 31, and inserting the following:
1 4 "Sec. . NEW SECTION. 204.1 DEFINITIONS.
1 5 1. "Animal unit" means a unit of measurement used
1 6 to determine the animal capacity of an animal feeding
1 7 operation, based upon the product of multiplying the
1 8 number of animals of each species by the following:
1 9 a. Slaughter and feeder cattle 1.0
1 10 b. Mature dairy cattle 1.4
1 11 c. Butcher and breeding swine, over fifty-five pounds 0.4
1 12 d. Sheep or lambs 0.1
1 13 e. Horses 2.0
1 14 f. Turkeys 0.018
1 15 g. Broiler or layer chickens 0.01
1 16 2. "Annual fee" means the fee provided in section
1 17 204.3.
1 18 3. "Confinement feeding operation" means a
1 19 confinement feeding operation as defined in section
1 20 455B.161.
1 21 4. "Department" means the department of
1 22 agriculture and land stewardship.
1 23 5. "Fund" means the manure storage indemnity fund
1 24 created in section 204.2.
1 25 6. "Manure" means animal excreta or other commonly
1 26 associated wastes of animals, including but not
1 27 limited to bedding, litter, or feed losses.
1 28 7. "Manure storage structure" means a structure
1 29 used to store manure as part of a confinement feeding
1 30 operation required to be constructed pursuant to a
1 31 permit issued by the department of natural resources
1 32 pursuant to section 455B.173.
1 33 8. "Permittee" means a person who obtains a permit
1 34 for the construction of a confinement feeding
1 35 operation, if a manure storage structure is connected
1 36 to the confinement feeding operation.
1 37 Sec. . NEW SECTION. 204.2 MANURE STORAGE
1 38 INDEMNITY FUND.
1 39 1. A manure storage indemnity fund is created as a
1 40 separate fund in the state treasury under the control
1 41 of the department. The general fund of the state is
1 42 not liable for claims presented against the fund.
1 43 2. The fund consists of moneys from annual fees
1 44 remitted by manure storage permittees as provided in
1 45 section 204.3; delinquency penalties; sums collected
1 46 on behalf of the fund by the department through legal
1 47 action or settlement; moneys required to be repaid to
1 48 the department by a county pursuant to this chapter;
1 49 civil penalties assessed and collected by the
1 50 department of natural resources pursuant to section
2 1 455B.191, against persons required to obtain a permit
2 2 for the construction of a confinement feeding
2 3 operation; moneys paid as a settlement involving an
2 4 enforcement action for a civil penalty subject to
2 5 assessment and collection by the department of natural
2 6 resources pursuant to section 455B.191; interest,
2 7 property, and securities acquired through the use of
2 8 moneys in the fund; or moneys contributed to the fund
2 9 from other sources.
2 10 3. The moneys collected under this section and
2 11 deposited in the fund shall be used exclusively to
2 12 indemnify a county for expenses related to removing
2 13 and disposing of manure from a manure storage
2 14 structure, and to pay the administrative costs of this
2 15 chapter. The moneys in the fund are appropriated to
2 16 and for this purpose. Moneys in the fund shall not be
2 17 subject to appropriation for any other purpose.
2 18 4. The treasurer of state shall act as custodian
2 19 of the fund and disburse amounts contained in the fund
2 20 as directed by the department. The treasurer of state
2 21 is authorized to invest the moneys deposited in the
2 22 fund. The income from such investment shall be
2 23 credited to and deposited in the fund.
2 24 Notwithstanding section 8.33, moneys in the fund are
2 25 not subject to reversion. The fund shall be
2 26 administered by the department which shall make
2 27 expenditures from the fund consistent with the
2 28 purposes set out in this chapter. The moneys in the
2 29 fund shall be disbursed upon warrants drawn by the
2 30 director of revenue and finance pursuant to the order
2 31 of the department. The fiscal year of the fund begins
2 32 July 1. The finances of the fund shall be calculated
2 33 on an accrual basis in accordance with generally
2 34 accepted accounting principles. The auditor of state
2 35 shall regularly perform audits of the fund.
2 36 Sec. . NEW SECTION. 204.3 FEES.
2 37 1. a. A permittee shall pay an annual fee to the
2 38 department of agriculture and land stewardship which
2 39 shall be remitted to the department as provided in
2 40 rules adopted by the department. The department shall
2 41 establish four payment dates each year beginning July
2 42 1 and which shall be three months apart. A permittee
2 43 who has been issued a construction permit for a
2 44 confinement feeding operation prior to the effective
2 45 date of this Act shall pay the annual fee on a payment
2 46 date specified by the department, but not earlier than
2 47 the second payment date following the effective date
2 48 of this Act. A permittee who has received a
2 49 construction permit on or after the effective date of
2 50 this Act shall make the full annual payment on the
3 1 second payment date after the construction permit is
3 2 issued by the department. A permittee shall pay the
3 3 annual fee to the department on each anniversary of
3 4 the payment date. The department shall provide notice
3 5 in writing to a permittee within one month prior to
3 6 the permittee's payment date.
3 7 b. The annual fee shall equal ten cents per animal
3 8 unit of capacity for confinement feeding operations
3 9 housing poultry and twenty-four cents per animal unit
3 10 of capacity for confinement feeding operations housing
3 11 other species of animals. The fee shall not be paid,
3 12 if the confinement feeding operation does not house
3 13 any animals or store manure for three consecutive
3 14 months prior to the permittee's payment date. If the
3 15 animal feeding operation again houses animals or
3 16 stores manure, the permittee shall pay the department
3 17 by the next payment date and subsequently on each
3 18 anniversary of that payment date. The permittee shall
3 19 notify the department if a fee is not owing within one
3 20 month prior to the permittee's payment date.
3 21 c. A permittee is delinquent if the permittee
3 22 fails to submit the full fee when due, or if an
3 23 underpayment of the fee is found by the department.
3 24 The permittee is subject to a penalty of ten dollars
3 25 or an amount equal to the amount of the deficiency for
3 26 each day the permittee is delinquent, whichever is
3 27 less.
3 28 3. If, on March 1, the moneys of the fund, less
3 29 the department's estimate of the costs to the fund for
3 30 pending or unsettled claims, exceed one million
3 31 dollars, the annual fee payable pursuant to subsection
3 32 2 shall be waived. The department may reinstate the
3 33 annual fee if the moneys in the fund, less the
3 34 department's estimate of costs to the fund for pending
3 35 or unsettled claims, are less than eight hundred fifty
3 36 thousand dollars. The department shall reinstate the
3 37 annual fee if moneys in the fund, less the
3 38 department's estimate of the costs to the fund for
3 39 pending or unsettled claims, are less than seven
3 40 hundred fifty thousand dollars. A permittee who does
3 41 not make payment on or after July 1 of each fiscal
3 42 year shall pay the fee on the next payment date, but
3 43 not before one month prior to the next payment date.
3 44 However, a delayed payment shall not change a
3 45 permittee's payment date anniversary.
3 46 4. The department of natural resources shall
3 47 provide the department of agriculture and land
3 48 stewardship the most current available information
3 49 regarding the names and addresses of permittees,
3 50 including the capacity of the confinement feeding
4 1 operations subject to the permit. The information
4 2 shall be delivered every three months according to
4 3 procedures established by the department.
4 4 Sec. . NEW SECTION. 204.4 COLLECTION.
4 5 The department, in cooperation with the attorney
4 6 general, may bring an action in court in order to
4 7 collect fees required to be paid as provided in
4 8 section 204.3.
4 9 Sec. . NEW SECTION. 204.5 CLAIMS AGAINST THE
4 10 FUND.
4 11 1. A county that has acquired real estate
4 12 containing a manure storage structure following
4 13 nonpayment of taxes pursuant to section 446.19 may
4 14 make a claim against the fund to pay the costs of
4 15 removing and disposing of the manure located in a
4 16 manure storage structure on the real estate. Each
4 17 claim shall include a bid by a qualified person, other
4 18 than a governmental entity, to remove and dispose of
4 19 the manure for a fixed amount specified in the bid.
4 20 2. The department shall determine if a claim is
4 21 eligible to be satisfied under this section, and do
4 22 one of the following:
4 23 a. Pay the fixed amount specified in the bid
4 24 submitted by the county upon completion of the work.
4 25 b. Obtain a lower fixed amount bid for the work
4 26 from another qualified person, other than a
4 27 governmental entity, and pay the fixed amount in this
4 28 bid upon completion of the work. The department is
4 29 not required to comply with section 18.6 in
4 30 implementing this section.
4 31 3. Upon a determination that the claim is eligible
4 32 for payment, the department shall provide for payment
4 33 of one hundred percent of the claim, as provided in
4 34 this section. If at any time the department
4 35 determines that there are insufficient moneys to make
4 36 payment of all claims, the department shall pay claims
4 37 according to the date that the claims are received by
4 38 the department. To the extent that a claim cannot be
4 39 fully satisfied, the department shall order that the
4 40 unpaid portion of the payment be deferred until the
4 41 claim can be satisfied. However, the department shall
4 42 not satisfy claims from moneys dedicated for the
4 43 administration of the fund.
4 44 4. In the event of payment of a claim under this
4 45 section, the fund is subrogated to the extent of the
4 46 amount of the payment to all rights, powers,
4 47 privileges, and remedies of the political subdivision
4 48 regarding the payment amount. The county shall render
4 49 all necessary assistance to the department in securing
4 50 the rights granted in this section. A case or
5 1 proceeding initiated by a county which involves a
5 2 claim submitted to the department shall not be
5 3 compromised or settled without the consent of the
5 4 department. A county shall not be eligible to submit
5 5 a claim to the department if the county has
5 6 compromised or settled a case or proceeding, without
5 7 the consent of the department.
5 8 5. If upon disposition of the real estate the
5 9 county realizes an amount which exceeds the total
5 10 amount of the delinquent real estate taxes, the county
5 11 shall forward to the fund any excess amount which is
5 12 not more than the amount expended by the fund.
5 13 Sec. . NEW SECTION. 204.6 DEPARTMENTAL RULES.
5 14 The department of agriculture and land stewardship
5 15 shall adopt administrative rules pursuant to chapter
5 16 17A to administer this chapter.
5 17 Sec. . NEW SECTION. 204.7 NO STATE
5 18 OBLIGATION.
5 19 This chapter does not imply any guarantee or
5 20 obligation on the part of this state, or any of its
5 21 agencies, employees, or officials, either elective or
5 22 appointive, with respect to any agreement or
5 23 undertaking to which this chapter relates."
5 24 #2. By striking page 13, line 33, through page 14,
5 25 line 2, and inserting the following: "feeding
5 26 operations. The department shall collect a
5 27 construction fee of fifty dollars prior to the
5 28 issuance of a construction permit. The department
5 29 shall deposit moneys collected in construction fees
5 30 into the general fund of the state. The department
5 31 shall issue a".
5 32 #3. Page 20, line 20, by striking the word
5 33 "INDEMNITY" and inserting the following:
5 34 "CONSTRUCTION".
5 35 #4. Page 20, line 21, by striking the word
5 36 "indemnity" and inserting the following:
5 37 "construction".
5 38 #5. Page 20, line 22, by striking the figure
5 39 "204.3" and inserting the following: "455B.173".
5 40 #6. Page 20, line 22, by striking the word
5 41 "enacted" and inserting the following: "amended".
5 42 #7. Page 20, line 27, by striking the word
5 43 "indemnity" and inserting the following:
5 44 "construction".
5 45 #8. Page 20, line 35, by striking the word
5 46 "indemnity" and inserting the following:
5 47 "construction".
5 48 #9. Page 21, line 15, by striking the word
5 49 "indemnity" and inserting the following:
5 50 "construction".
6 1 #10. By renumbering as necessary.
6 2
6 3
6 4
6 5 KOENIGS of Mitchell
6 6 HF 519.214 76
6 7 da/jj
Text: H03594 Text: H03596 Text: H03500 - H03599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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