Text: H03595 Text: H03597 Text: H03500 - H03599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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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