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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. "Construction fee" means the fee provided in
1 22 section 204.3.
1 23 5. "Department" means the department of
1 24 agriculture and land stewardship.
1 25 6. "Fund" means the manure storage indemnity fund
1 26 created in section 204.2.
1 27 7. "Manure" means animal excreta or other commonly
1 28 associated wastes of animals, including but not
1 29 limited to bedding, litter, or feed losses.
1 30 8. "Manure storage structure" means a structure
1 31 used to store manure as part of a confinement feeding
1 32 operation required to be constructed pursuant to a
1 33 permit issued by the department of natural resources
1 34 pursuant to section 455B.173.
1 35 9. "Permittee" means a person who obtains a permit
1 36 for the construction of a confinement feeding
1 37 operation, if a manure storage structure is connected
1 38 to the confinement feeding operation.
1 39 Sec. . NEW SECTION. 204.2 MANURE STORAGE
1 40 INDEMNITY FUND.
1 41 1. A manure storage indemnity fund is created as a
1 42 separate fund in the state treasury under the control
1 43 of the department. The general fund of the state is
1 44 not liable for claims presented against the fund.
1 45 2. The fund consists of moneys from construction
1 46 fees and annual fees remitted by manure storage
1 47 permittees as provided in section 204.3; delinquency
1 48 penalties; sums collected on behalf of the fund by the
1 49 department through legal action or settlement; moneys
1 50 required to be repaid to the department by a county
2 1 pursuant to this chapter; civil penalties assessed and
2 2 collected by the department of natural resources
2 3 pursuant to section 455B.191, against persons required
2 4 to obtain a permit for the construction of a
2 5 confinement feeding operation; moneys paid as a
2 6 settlement involving an enforcement action for a civil
2 7 penalty subject to assessment and collection by the
2 8 department of natural resources pursuant to section
2 9 455B.191; interest, property, and securities acquired
2 10 through the use of moneys in the fund; or moneys
2 11 contributed to the fund from other sources.
2 12 3. The moneys collected under this section and
2 13 deposited in the fund shall be used exclusively to
2 14 indemnify a county for expenses related to removing
2 15 and disposing of manure from a manure storage
2 16 structure, and to pay the administrative costs of this
2 17 chapter. The moneys in the fund are appropriated to
2 18 and for this purpose. Moneys in the fund shall not be
2 19 subject to appropriation for any other purpose.
2 20 4. The treasurer of state shall act as custodian
2 21 of the fund and disburse amounts contained in the fund
2 22 as directed by the department. The treasurer of state
2 23 is authorized to invest the moneys deposited in the
2 24 fund. The income from such investment shall be
2 25 credited to and deposited in the fund.
2 26 Notwithstanding section 8.33, moneys in the fund are
2 27 not subject to reversion. The fund shall be
2 28 administered by the department which shall make
2 29 expenditures from the fund consistent with the
2 30 purposes set out in this chapter. The moneys in the
2 31 fund shall be disbursed upon warrants drawn by the
2 32 director of revenue and finance pursuant to the order
2 33 of the department. The fiscal year of the fund begins
2 34 July 1. The finances of the fund shall be calculated
2 35 on an accrual basis in accordance with generally
2 36 accepted accounting principles. The auditor of state
2 37 shall regularly perform audits of the fund.
2 38 Sec. . NEW SECTION. 204.3 FEES.
2 39 1. The department of natural resources shall
2 40 deposit into the fund fees collected for the issuance
2 41 of permits for the construction of confinement feeding
2 42 operations as provided in section 455B.173.
2 43 2. a. A permittee shall pay an annual fee to the
2 44 department of agriculture and land stewardship which
2 45 shall be remitted to the department as provided in
2 46 rules adopted by the department. The department shall
2 47 establish four payment dates each year beginning July
2 48 1 and which shall be three months apart. A permittee
2 49 who has been issued a construction permit for a
2 50 confinement feeding operation prior to the effective
3 1 date of this Act shall pay the annual fee on a payment
3 2 date specified by the department, but not earlier than
3 3 the second payment date following the effective date
3 4 of this Act. A permittee who has received a
3 5 construction permit on or after the effective date of
3 6 this Act shall make the full annual payment on the
3 7 second payment date after the construction permit is
3 8 issued by the department. A permittee shall pay the
3 9 annual fee to the department on each anniversary of
3 10 the payment date. The department shall provide notice
3 11 in writing to a permittee within one month prior to
3 12 the permittee's payment date.
3 13 b. The annual fee shall equal five cents per
3 14 animal unit of capacity for confinement feeding
3 15 operations housing poultry and twelve and one-half
3 16 cents per animal unit of capacity for confinement
3 17 feeding operations housing other species of animals.
3 18 The fee shall not be paid, if the confinement feeding
3 19 operation does not house any animals or store manure
3 20 for three consecutive months prior to the permittee's
3 21 payment date. If the animal feeding operation again
3 22 houses animals or stores manure, the permittee shall
3 23 pay the department by the next payment date and
3 24 subsequently on each anniversary of that payment date.
3 25 The permittee shall notify the department if a fee is
3 26 not owing within one month prior to the permittee's
3 27 payment date.
3 28 c. A permittee is delinquent if the permittee
3 29 fails to submit the full fee when due, or if an
3 30 underpayment of the fee is found by the department.
3 31 The permittee is subject to a penalty of ten dollars
3 32 or an amount equal to the amount of the deficiency for
3 33 each day the permittee is delinquent, whichever is
3 34 less.
3 35 3. If, on March 1, the moneys of the fund, less
3 36 the department's estimate of the costs to the fund for
3 37 pending or unsettled claims, exceed five hundred
3 38 thousand dollars, the annual fee payable pursuant to
3 39 subsection 2 shall be waived. The department may
3 40 reinstate the annual fee if the moneys in the fund,
3 41 less the department's estimate of costs to the fund
3 42 for pending or unsettled claims, are less than four
3 43 hundred thousand dollars. The department shall
3 44 reinstate the annual fee if moneys in the fund, less
3 45 the department's estimate of the costs to the fund for
3 46 pending or unsettled claims, are less than three
3 47 hundred fifty thousand dollars. A permittee who does
3 48 not make payment on or after July 1 of each fiscal
3 49 year shall pay the fee on the next payment date, but
3 50 not before one month prior to the next payment date.
4 1 However, a delayed payment shall not change a
4 2 permittee's payment date anniversary.
4 3 4. The department of natural resources shall
4 4 provide the department of agriculture and land
4 5 stewardship the most current available information
4 6 regarding the names and addresses of permittees,
4 7 including the capacity of the confinement feeding
4 8 operations subject to the permit. The information
4 9 shall be delivered every three months according to
4 10 procedures established by the department.
4 11 Sec. . NEW SECTION. 204.4 COLLECTION.
4 12 The department, in cooperation with the attorney
4 13 general, may bring an action in court in order to
4 14 collect fees required to be paid as provided in
4 15 section 204.3.
4 16 Sec. . NEW SECTION. 204.5 CLAIMS AGAINST THE
4 17 FUND.
4 18 1. A county that has acquired real estate
4 19 containing a manure storage structure following
4 20 nonpayment of taxes pursuant to section 446.19 may
4 21 make a claim against the fund to pay the costs of
4 22 removing and disposing of the manure located in a
4 23 manure storage structure on the real estate. Each
4 24 claim shall include a bid by a qualified person, other
4 25 than a governmental entity, to remove and dispose of
4 26 the manure for a fixed amount specified in the bid.
4 27 2. The department shall determine if a claim is
4 28 eligible to be satisfied under this section, and do
4 29 one of the following:
4 30 a. Pay the fixed amount specified in the bid
4 31 submitted by the county upon completion of the work.
4 32 b. Obtain a lower fixed amount bid for the work
4 33 from another qualified person, other than a
4 34 governmental entity, and pay the fixed amount in this
4 35 bid upon completion of the work. The department is
4 36 not required to comply with section 18.6 in
4 37 implementing this section.
4 38 3. Upon a determination that the claim is eligible
4 39 for payment, the department shall provide for payment
4 40 of one hundred percent of the claim, as provided in
4 41 this section. If at any time the department
4 42 determines that there are insufficient moneys to make
4 43 payment of all claims, the department shall pay claims
4 44 according to the date that the claims are received by
4 45 the department. To the extent that a claim cannot be
4 46 fully satisfied, the department shall order that the
4 47 unpaid portion of the payment be deferred until the
4 48 claim can be satisfied. However, the department shall
4 49 not satisfy claims from moneys dedicated for the
4 50 administration of the fund.
5 1 4. In the event of payment of a claim under this
5 2 section, the fund is subrogated to the extent of the
5 3 amount of the payment to all rights, powers,
5 4 privileges, and remedies of the political subdivision
5 5 regarding the payment amount. The county shall render
5 6 all necessary assistance to the department in securing
5 7 the rights granted in this section. A case or
5 8 proceeding initiated by a county which involves a
5 9 claim submitted to the department shall not be
5 10 compromised or settled without the consent of the
5 11 department. A county shall not be eligible to submit
5 12 a claim to the department if the county has
5 13 compromised or settled a case or proceeding, without
5 14 the consent of the department.
5 15 5. If upon disposition of the real estate the
5 16 county realizes an amount which exceeds the total
5 17 amount of the delinquent real estate taxes, the county
5 18 shall forward to the fund any excess amount which is
5 19 not more than the amount expended by the fund.
5 20 Sec. . NEW SECTION. 204.6 DEPARTMENTAL RULES.
5 21 The department of agriculture and land stewardship
5 22 shall adopt administrative rules pursuant to chapter
5 23 17A to administer this chapter.
5 24 Sec. . NEW SECTION. 204.7 NO STATE
5 25 OBLIGATION.
5 26 This chapter does not imply any guarantee or
5 27 obligation on the part of this state, or any of its
5 28 agencies, employees, or officials, either elective or
5 29 appointive, with respect to any agreement or
5 30 undertaking to which this chapter relates."
5 31 #2. Page 13, line 33, by striking the words "an
5 32 indemnity" and inserting the following: "a
5 33 construction".
5 34 #3. Page 13, line 34, by inserting after the word
5 35 "fee" the following: "of fifty dollars".
5 36 #4. Page 14, line 1, by striking the words
5 37 "indemnity fees" and inserting the following:
5 38 "construction fees for confinement feeding operations
5 39 as provided in section 204.3."
5 40 #5. Page 20, line 20, by striking the word
5 41 "INDEMNITY" and inserting the following:
5 42 "CONSTRUCTION".
5 43 #6. Page 20, line 21, by striking the word
5 44 "indemnity" and inserting the following:
5 45 "construction".
5 46 #7. Page 20, line 27, by striking the word
5 47 "indemnity" and inserting the following:
5 48 "construction".
5 49 #8. Page 20, line 35, by striking the word
5 50 "indemnity" and inserting the following:
6 1 "construction".
6 2 #9. Page 21, line 15, by striking the word
6 3 "indemnity" and inserting the following:
6 4 "construction".
6 5 #10. By renumbering as necessary.
6 6
6 7
6 8
6 9 KOENIGS of Mitchell
6 10 HF 519.710 76
6 11 da/sc
Text: H03595 Text: H03597 Text: H03500 - H03599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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