Text: H03889 Text: H03891 Text: H03800 - H03899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 553 as follows: 1 2 #1. Page 18, by inserting after line 11 the 1 3 following: 1 4 "Sec. . Section 8.60, Code 1995, is amended to 1 5 read as follows: 1 6 8.60 USE OF DESIGNATED MONEYS. 1 7 Moneys credited to or deposited in the general fund 1 8 of the state on or after July 1, 1993, which under law 1 9 were previously collected to be used for specific 1 10 purposes, or to be credited to, or be deposited to a 1 11 particular account or fund shall only be used for the 1 12 purposes for which the moneys were collected, 1 13 including but not limited to moneys collected in 1 14 accordance with any of the following provisions: 1 15 1. Pari-mutuel regulation fund created in section 1 16 99D.17, Code Supplement 1993. 1 17 2. Excursion boat gambling special account 1 18 pursuant to section 99F.4, subsection 2, Code 1 19 Supplement 1993. 1 203. Milk fund created in section 192.111, Code1 21Supplement 1993.1 224. Dairy trade practices trust fund pursuant to1 23section 192A.30, Code Supplement 1993.1 245. Commercial feed fund created in section 198.9,1 25Code Supplement 1993.1 266. Fertilizer fund created in section 200.9, Code1 27Supplement 1993.1 287. Pesticide fund created in section 206.12, Code1 29Supplement 1993.1 308.3. Motor vehicle fraud account pursuant to 1 31 section 312.2, subsection 13, Code Supplement 1993. 1 329.4. Public transit assistance fund pursuant to 1 33 section 312.2, subsection 15, and section 324A.6, Code 1 34 Supplement 1993. 1 3510.5. Salvage vehicle fee paid to the Iowa law 1 36 enforcement academy pursuant to section 321.52, Code 1 37 Supplement 1993. 1 3811.6. Railroad assistance fund created in section 1 39 327H.18, Code Supplement 1993. 1 4012.7. Special railroad facility fund created in 1 41 section 327I.23, Code Supplement 1993. 1 4213.8. State aviation fund created in section 1 43 328.36, Code Supplement 1993. 1 4414. Marine fuel tax fund created in section1 45452A.79, Code Supplement 1993.1 4615.9. Public outdoor recreation and resources 1 47 fund pursuant to section 461A.79, Code Supplement 1 48 1993. 1 4916.10. Energy research and development fund 1 50 created in section 473.11, Code Supplement 1993. 2 117.11. Utilities trust fund created in section 2 2 476.10, Code Supplement 1993. 2 318.12. Banking revolving fund created in section 2 4 524.207, Code Supplement 1993. 2 519.13. Credit union revolving fund created in 2 6 section 533.67, Code Supplement 1993. 2 720.14. Professional licensing revolving fund 2 8 created in section 546.10, Code Supplement 1993." 2 9 #2. Page 18, by inserting after line 25 the 2 10 following: 2 11 "Sec. . Section 192.111, subsection 3, Code 2 12 1995, is amended by striking the subsection. 2 13 Sec. . NEW SECTION. 192.112 MILK FUND. 2 14 1. A milk fund is established in the state 2 15 treasury under the control of the department. The 2 16 fund shall consist of any money appropriated by the 2 17 general assembly and any other moneys available to and 2 18 obtained or accepted by the department from the 2 19 federal government or private sources for placement in 2 20 the fund. Fees collected under sections 192.111, 2 21 192.133, 194.14, 194.19, 194.20, and 195.9 shall be 2 22 deposited in the fund. All moneys deposited under 2 23 this section are appropriated to the department for 2 24 the costs of inspection, sampling, analysis, and other 2 25 expenses necessary for the administration of this 2 26 chapter and chapters 194 and 195. 2 27 2. In each fiscal year, the secretary shall 2 28 calculate the balance of funds deposited under this 2 29 section by subtracting all moneys expended for the 2 30 costs of inspection, sampling, analysis, and other 2 31 expenses necessary for the administration of this 2 32 chapter and chapters 194 and 195. If the calculation 2 33 shows a balance of funds deposited under this section 2 34 on June 30 of any fiscal year equal to or exceeding 2 35 one hundred fifty thousand dollars, the secretary 2 36 shall reduce the fees provided for in section 192.111 2 37 and section 194.20 for the next fiscal year in an 2 38 amount which will result in an ending estimated 2 39 balance of such funds for June 30 of the next fiscal 2 40 year of one hundred fifty thousand dollars. 2 41 3. All moneys in the milk fund are subject to 2 42 audit by the auditor of state. The milk fund is 2 43 subject at all times to warrants by the director of 2 44 revenue and finance, drawn upon written requisition of 2 45 the secretary. Notwithstanding section 8.33, moneys 2 46 in the milk fund shall remain in the milk fund and 2 47 shall not revert to the general fund of the state. 2 48 Notwithstanding section 12C.7, subsection 2, interest 2 49 or earnings on moneys deposited in the milk fund shall 2 50 be credited to the milk fund. 3 1 Sec. . Section 192.133, Code 1995, is amended 3 2 to read as follows: 3 3 192.133 LICENSE TERM &endash; FEES. 3 4 A license, unless earlier revoked, is valid until 3 5 July 1 after the date of its issuance. The maximum 3 6 fee for a license is twenty-five dollars, which shall 3 7 be paid before the license is issued, and standard 3 8 test bottles and pipettes shall be furnished at actual 3 9 cost. Fees collected under this section shall be 3 10 depositedand used as required in section 192.111in 3 11 the milk fund established in section 192.112. 3 12 Sec. . Section 192A.30, Code 1995, is amended 3 13 to read as follows: 3 14 192A.30 PERMIT FEES. 3 15 For the purpose of administering and enforcing this 3 16 chapter, a processor or a person purchasing milk 3 17 products from a processor for wholesale distribution 3 18 shall obtain a permit, as provided by departmental 3 19 rule, before milk products are sold by the person or 3 20 wholesale purchaser in this state. The processor or 3 21 wholesale purchaser shall pay to the secretary a 3 22 permit fee in an amount set by the secretary, not to 3 23 exceed five mills per hundredweight on milk processed 3 24 into dairy products as defined in section 192A.1, and 3 25 sold within the state of Iowa. However, the permit 3 26 fee for the sale of ice cream or an additive variant 3 27 of ice cream or nonmilk-fat imitation shall not exceed 3 28 three mills per gallon. Products upon which fees have 3 29 been paid are exempt from further fees in successive 3 30 transactions. The fees for each month thus computed 3 31 shall be paid to the secretary on or before the 3 32 twenty-fifth day of the following month. The fees 3 33 shall be deposited in the milk fund established in 3 34 section 192.112. 3 35Fees paid to the secretary shall be deposited into3 36the general fund of the state and shall be subject to3 37the requirements of section 8.60.3 38 Sec. . Section 194.14, Code 1995, is amended to 3 39 read as follows: 3 40 194.14 LICENSE TERM &endash; FEES. 3 41 A milk grader's license, unless sooner revoked, is 3 42 valid until July 1 after the date of issuance. The 3 43 maximum fee for each license is ten dollars, which 3 44 shall be paid before the license is issued. Fees 3 45 collected under this section shall be depositedand3 46used as required in section 192.111in the milk fund 3 47 established pursuant to section 192.112. 3 48 Sec. . Section 194.19, unnumbered paragraph 1, 3 49 Code 1995, is amended to read as follows: 3 50 A vehicle used for the collection of milk for 4 1 manufacture of dairy products shall first be licensed 4 2 by the department. A license, unless earlier revoked, 4 3 is valid until July 1 after the date of its issuance. 4 4 The maximum fee for a license is twenty-five dollars, 4 5 which shall be paid before the license is issued. A 4 6 fee shall not be imposed under this section if the 4 7 vehicle or its operator has paid the fee imposed upon 4 8 milk haulers under section 192.111. Fees collected 4 9 under this section shall be depositedand used as4 10required in section 192.111in the milk fund 4 11 established in section 192.112. This section does not 4 12 apply to individuals transporting their own dairy 4 13 products. 4 14 Sec. . Section 194.20, Code 1995, is amended to 4 15 read as follows: 4 16 194.20 INSPECTION FEES &endash; GRADE "B" MILK. 4 17 A purchaser of milk from a grade "B" milk producer 4 18 shall pay an inspection fee not greater than one-half 4 19 cent per hundredweight. The fee is payable monthly to 4 20 the department at a time prescribed by the department. 4 21 Fees collected under this section shall be deposited 4 22and used as required in section 192.111in the milk 4 23 fund established in section 192.112. 4 24 Sec. . Section 195.9, Code 1995, is amended to 4 25 read as follows: 4 26 195.9 LICENSE TERM &endash; FEES. 4 27 A license, unless sooner revoked, is valid until 4 28 July 1 after the date of its issuance. The maximum 4 29 fee for a license is twenty-five dollars which shall 4 30 be paid before the license is issued. Fees collected 4 31 under this section shall be depositedand used as4 32required in section 192.111in the milk fund 4 33 established in section 192.112. 4 34 Sec. . Section 198.9, subsection 3, Code 1995, 4 35 is amended to read as follows: 4 36 3. Fees collected shall be deposited in the 4 37general fund of the state and shall be subject to the4 38requirements of section 8.60commercial feed trust 4 39 fund established in section 198.9A.Moneys deposited4 40under this section shall be used for the payment of4 41the costs of inspection, sampling, analysis,4 42supportive research, and other expenses necessary for4 43the administration of this chapter.4 44If there is an unencumbered balance of funds from4 45the fees deposited under this section on June 30 of4 46any fiscal year equal to or exceeding one hundred4 47thousand dollars, the secretary of agriculture shall4 48reduce the per ton fee provided for in subsection 14 49for the next fiscal year in such amount as will result4 50in an ending estimated balance of the fees deposited5 1less costs paid for from those fees for June 30 of the5 2next fiscal year of one hundred thousand dollars.5 3The secretary shall publish a report not later than5 4September 1 of each year. The report shall provide a5 5detailed accounting of all sources of revenue5 6deposited under and all dispositions of funds expended5 7under this section. The report shall detail full-time5 8equivalent positions used in fulfilling the5 9requirements of this chapter. The report shall also5 10indicate to what extent any full-time equivalent5 11positions are shared with other programs. Copies of5 12the report issued by the secretary pursuant to this5 13subsection shall be delivered each year to the members5 14of the house of representatives and senate standing5 15committees on agriculture.5 16 Sec. . NEW SECTION. 198.9A COMMERCIAL FEED 5 17 TRUST FUND. 5 18 1. A commercial feed trust fund is established in 5 19 the state treasury under the control of the 5 20 department. The fund shall consist of any moneys 5 21 appropriated to the fund by the general assembly and 5 22 any other moneys available to and obtained or accepted 5 23 by the department from the federal government or 5 24 private sources for placement in the fund. Fees 5 25 collected under section 198.9 shall be deposited in 5 26 the fund. Moneys deposited in the fund shall be used 5 27 for the payment of the costs of inspection, sampling, 5 28 analysis, supportive research, and other expenses 5 29 necessary for the administration of this chapter. 5 30 2. If there is an unencumbered balance of moneys 5 31 in the fund on June 30 of any fiscal year equal to or 5 32 exceeding one hundred thousand dollars, the secretary 5 33 of agriculture shall reduce the per ton fee provided 5 34 for in section 198.9, subsection 1, for the next 5 35 fiscal year in such amount as will result in an ending 5 36 estimated balance of the fees deposited less costs 5 37 paid for from those fees for June 30 of the next 5 38 fiscal year of one hundred thousand dollars. 5 39 3. The secretary shall publish a report not later 5 40 than September 1 of each year. The report shall 5 41 provide a detailed accounting of all sources of 5 42 revenue deposited under and all dispositions of moneys 5 43 deposited in the fund. The report shall detail full- 5 44 time equivalent positions used in fulfilling the 5 45 requirements of this chapter. The report shall also 5 46 indicate to what extent any full-time equivalent 5 47 positions are shared with other programs. Copies of 5 48 the report issued by the secretary pursuant to this 5 49 subsection shall be delivered each year to the members 5 50 of the standing committees on agriculture of the house 6 1 of representatives and the senate. 6 2 Sec. . Section 200.4, subsection 1, Code 1995, 6 3 is amended to read as follows: 6 4 1. Any person who manufactures, mixes, blends, 6 5 mixes to customers order, offers for sale, sells, or 6 6 distributes any fertilizer or soil conditioner in Iowa 6 7 must first obtain a license from the secretary of 6 8 agriculture and shall pay a ten-dollar license fee for 6 9 each place of manufacture or distribution from which 6 10 fertilizer or soil conditioner products are sold or 6 11 distributed in Iowa.SuchThe license fee shall be 6 12 paid annually on July 1 of each year. The license fee 6 13 shall be deposited in the fertilizer fund established 6 14 in section 200.9. 6 15 Sec. . Section 200.8, subsection 3, Code 1995, 6 16 is amended by striking the subsection. 6 17 Sec. . Section 200.9, Code 1995, is amended to 6 18 read as follows: 6 19 200.9 FERTILIZERFEESFUND. 6 20 1. A fertilizer fund is established in the state 6 21 treasury under the control of the department of 6 22 agriculture and land stewardship. The fund shall 6 23 consist of any moneys appropriated by the general 6 24 assembly and any other moneys available to and 6 25 obtained or accepted by the department from the 6 26 federal government or private sources for placement in 6 27 the fund. Fees collected for licenses and inspection 6 28 fees under sections 200.4 and 200.8, with the 6 29 exception of those fees collected for deposit in the 6 30 agriculture management account of the groundwater 6 31 protection fund, shall be deposited in thegeneral6 32 fundof the state and shall be subject to the6 33requirements of section 8.60. Fees collected pursuant 6 34 to chapter 201 shall also be deposited in the fund. 6 35 Moneys depositedunder this section tointo the 6 36generalfund from fees collected pursuant to this 6 37 chapter shall be used only by the department for the 6 38 purpose of inspection, sampling, analysis, 6 39 preparation, and publishing of reports and other 6 40 expenses necessary for administration of this chapter 6 41 and chapter 201. The secretary may assign moneys to 6 42 the Iowa agricultural experiment station for research, 6 43 work projects, and investigations as needed for the 6 44 specific purpose of improving the regulatory functions 6 45 for enforcement of this chapter. 6 46 2. If there is an unencumbered balance of moneys 6 47 deposited in the fund from fees collected pursuant to 6 48 this chapter on June 30 of any fiscal year equal to or 6 49 exceeding three hundred fifty thousand dollars, the 6 50 secretary of agriculture shall reduce the per ton fee 7 1 provided for in subsection 1 and the annual license 7 2 fee established pursuant to section 201.3 for the next 7 3 fiscal year in such amount as will result in an ending 7 4 estimated balance of such funds for June 30 of the 7 5 next fiscal year of three hundred fifty thousand 7 6 dollars. 7 7 3. All moneys in the fund are subject to audit by 7 8 the auditor of state. The fund is subject at all 7 9 times to warrants by the director of revenue and 7 10 finance, drawn upon written requisition of the 7 11 secretary. Notwithstanding section 8.33, moneys in 7 12 the fertilizer fund shall remain in the fertilizer 7 13 fund and shall not revert to the general fund of the 7 14 state. Notwithstanding section 12C.7, subsection 2, 7 15 interest or earnings on moneys deposited in the 7 16 fertilizer fund shall be credited to the fertilizer 7 17 fund. 7 18 Sec. . Section 201.13, Code 1995, is amended to 7 19 read as follows: 7 20 201.13 MONEYS TOGENERALTHE FERTILIZER FUND &endash; 7 21 PERIODIC REPORT. 7 22 The moneys received under this chapter shall be 7 23 deposited in thegeneral fund of the state and shall7 24be subject to the requirements of section 8.60.7 25Moneys deposited under this section shall be used by7 26the department of agriculture and land stewardship7 27only for the purpose of inspection, sampling,7 28analyzing, preparing and publishing of reports, and7 29other expenses necessary for the administration of7 30this chapterfertilizer fund as provided in section 7 31 200.9. The secretary shall issue an annual report 7 32 showing a statement of moneys received from license 7 33 and testing fees, and a biennial report which shall be 7 34 made available to the public showing the 7 35 certifications of the effective calcium carbonate 7 36 equivalent for all agricultural lime, limestone, or 7 37 aglime certified as provided in this chapter. The 7 38 report shall list the manufacturers and producers and 7 39 their locations. Copies of all reports issued by the 7 40 secretary pursuant to this section shall be sent to 7 41 the members of the house of representatives and senate 7 42 standing committees on agriculture. 7 43 Sec. . Section 206.12, subsection 3, Code 1995, 7 44 is amended to read as follows: 7 45 3. The registrant, before selling or offering for 7 46 sale any pesticide for use in this state, shall 7 47 register each brand and grade of such pesticide with 7 48 the secretary upon forms furnished by the secretary, 7 49 and the secretary shall set the registration fee 7 50 annually at one-fifth of one percent of gross sales 8 1 within this state with a minimum fee of two hundred 8 2 fifty dollars and a maximum fee of three thousand 8 3 dollars for each and every brand and grade to be 8 4 offered for sale in this state except as otherwise 8 5 provided. The annual registration fee for products 8 6 with gross annual sales in this state of less than one 8 7 million five hundred thousand dollars shall be the 8 8 greater of two hundred fifty dollars or one-fifth of 8 9 one percent of the gross annual sales as established 8 10 by affidavit of the registrant. The secretary shall 8 11 adopt by rule exemptions to the minimum fee. Fifty 8 12 dollars of each fee collected shall be deposited in 8 13 thegeneral fund of the state, shall be subject to the8 14requirements of section 8.60, and shall be used only8 15for the purpose of enforcing the provisions of this8 16chapterpesticide fund established in section 206.12A, 8 17 and the remainder of each fee collected shall be 8 18 placed in the agriculture management account of the 8 19 groundwater protection fund. 8 20 Sec. . NEW SECTION. 206.12A PESTICIDE FUND. 8 21 1. A pesticide fund is established in the state 8 22 treasury under the control of the department. The 8 23 fund shall consist of any moneys appropriated to the 8 24 fund by the general assembly and any other moneys 8 25 available to and obtained or accepted by the 8 26 department from the federal government or private 8 27 sources for placement in the fund. Fees collected 8 28 under section 206.12 shall be deposited in the fund. 8 29 The moneys in the fund shall be used only for the 8 30 purpose of enforcing the provisions of this chapter. 8 31 2. All moneys in the pesticide fund are subject to 8 32 audit by the auditor of state. The fund is subject at 8 33 all times to warrants by the director of revenue and 8 34 finance, drawn upon written requisition of the 8 35 secretary. Notwithstanding section 8.33, moneys in 8 36 the pesticide fund shall remain in the fund and shall 8 37 not revert to the general fund of the state. 8 38 Notwithstanding section 12C.7, subsection 2, interest 8 39 or earnings on moneys deposited in the pesticide fund 8 40 shall be credited to the pesticide fund. 8 41 Sec. . Section 452A.79, unnumbered paragraph 2, 8 42 and subsections 1, 2, 3, 4, and 5, Code 1995, are 8 43 amended to read as follows: 8 44 All moneys derived from the excise tax on the sale 8 45 of motor fuel used in watercraft shall be deposited in 8 46 thegeneralmarine fuel tax fundof the state8 47 established in section 452A.83.Moneys deposited to8 48the general fund under this section and section8 49452A.84 are subject to the requirements of section8 508.60 and are subject to appropriation by the general9 1assembly to the department of natural resources for9 2use in its recreational boating program, which may9 3include but is not limited to:9 41. Dredging and renovation of natural lakes of9 5this state.9 62. Acquisition, development and maintenance of9 7access to public boating waters.9 83. Development and maintenance of boating9 9facilities and navigation aids.9 104. Administration, operation, and maintenance of9 11recreational boating activities of the department of9 12natural resources.9 135. Acquisition, development and maintenance of9 14recreation facilities associated with recreational9 15boating.9 16 Sec. . NEW SECTION. 452A.83 MARINE FUEL TAX 9 17 FUND. 9 18 1. A marine fuel tax fund is established in the 9 19 state treasury under the control of the department. 9 20 The fund shall consist of any moneys appropriated to 9 21 the fund by the general assembly and any other moneys 9 22 available to and obtained or accepted by the 9 23 department from the federal government or private 9 24 sources for placement in the fund. Moneys collected 9 25 pursuant to section 452A.79 shall be deposited in the 9 26 fund. Moneys collected pursuant to this chapter from 9 27 the motor fuel tax fund shall be transferred to the 9 28 fund as provided in section 452A.84. 9 29 2. Moneys deposited or transferred into the fund 9 30 are subject to appropriation by the general assembly 9 31 to the department of natural resources for its 9 32 recreational boating program which may include, but is 9 33 not limited to: 9 34 a. Dredging and renovation of natural lakes of 9 35 this state. 9 36 b. Acquisition, development, and maintenance of 9 37 access to public boating waters. 9 38 c. Development and maintenance of boating 9 39 facilities and navigation aids. 9 40 d. Administration, operation, and maintenance of 9 41 recreational boating activities of the department of 9 42 natural resources. 9 43 e. Acquisition, development, and maintenance of 9 44 recreation facilities associated with recreational 9 45 boating. 9 46 3. All moneys in the marine fuel tax fund are 9 47 subject to audit by the auditor of state. The fund is 9 48 subject at all times to warrants by the director of 9 49 revenue and finance, drawn upon written requisition of 9 50 the department. Notwithstanding section 8.33, moneys 10 1 in the marine fuel tax fund shall remain in the fund 10 2 and shall not revert to the general fund of the state. 10 3 Notwithstanding section 12C.7, subsection 2, interest 10 4 or earnings on moneys deposited in the marine fuel tax 10 5 fund shall be credited to the marine fuel tax fund. 10 6 Sec. . Section 452A.84, Code 1995, is amended 10 7 to read as follows: 10 8 452A.84 TRANSFER TOSTATE GENERALMARINE FUEL TAX 10 9 FUND. 10 10 The treasurer of state shall transfer from the 10 11 motor fuel tax fund to thegeneralmarine fuel tax 10 12 fundof the stateestablished pursuant to section 10 13 452A.83, that portion of moneys collected under this 10 14 chapter attributable to motor fuel used in watercraft 10 15 computed as follows: 10 16 1. Determine monthly the total amount of motor 10 17 fuel tax collected under this chapter and multiply the 10 18 amount by nine-tenths of one percent. 10 19 2. Subtract from the figure computed pursuant to 10 20 subsection 1 of this section three percent of the 10 21 figure for administrative costs and further subtract 10 22 from the figure the amounts refunded to commercial 10 23 fishers pursuant to section 452A.17, subsection 13. 10 24 All moneys remaining after claims for refund and the 10 25 cost of administration have been made shall be 10 26 transferred to thegeneralmarine fuel tax fundof the10 27state." 10 28 #3. Page 20, by inserting after line 20 the 10 29 following: 10 30 " . Sections 8.60, 192.111, 192.133, 192A.30, 10 31 194.14, 194.19, 194.20, 195.9, 198.9, 198.9A, 200.4, 10 32 200.8, 200.9, 201.13, 206.12, 206.12A, 452A.79, 10 33 452A.83, and 452A.84, Code 1995, as amended or enacted 10 34 by this Act take effect July 1, 1996." 10 35 #4. By renumbering as necessary. 10 36 10 37 10 38 10 39 MERTZ of Kossuth 10 40 HF 553.507 76 10 41 da/jw
Text: H03889 Text: H03891 Text: H03800 - H03899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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