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PAG LIN 1 1 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 1 2 Section 1. GENERAL APPROPRIATION. There is appropriated 1 3 from the general fund of the state to the department of 1 4 agriculture and land stewardship for the fiscal year beginning 1 5 July 1, 1995, and ending June 30, 1996, the following amounts, 1 6 or so much thereof as is necessary, to be used for the 1 7 purposes designated: 1 8 1. ADMINISTRATIVE DIVISION 1 9 a. For salaries, support, maintenance, the support of the 1 10 state 4-H foundation, support of the statistics bureau, and 1 11 miscellaneous purposes, and for the salaries and support of 1 12 not more than the following full-time equivalent positions: 1 13 .................................................. $ 1,763,343 1 14 ............................................... FTEs 44.50 1 15 (1) Of the funds appropriated in this paragraph "a", 1 16 $319,550 and 7.00 FTEs shall be used to support horticulture. 1 17 (2) Of the amount appropriated in this paragraph "a", 1 18 $50,000 shall be allocated to the state 4-H foundation to 1 19 foster the development of Iowa's youth and to encourage them 1 20 to study the subject of agriculture. 1 21 (3) Of the amount appropriated in this paragraph "a", 1 22 $130,100 and 4.00 FTEs shall be allocated to the statistics 1 23 bureau to provide county-by-county information on land in 1 24 farms, production by crop, acres by crop, and county prices by 1 25 crop. This information shall be made available to the 1 26 department of revenue and finance for use in the productivity 1 27 formula for valuing and equalizing the values of agricultural 1 28 land. 1 29 (4) Of the amount appropriated in this paragraph "a", not 1 30 more than $5,000 shall be allocated to the Iowa polled 1 31 hereford junior association in connection with the 1995 1 32 national junior hereford show. 1 33 (5) As a condition of the amount appropriated in this 1 34 paragraph "a", none of the following positions shall be 1 35 supported from the amount: 2 1 (a) Any executive officer II in the department after 2 2 September 30, 1995. 2 3 (b) Any public service executive II in the information 2 4 bureau after June 30, 1995. 2 5 (c) Any information specialist III in the information 2 6 bureau after June 30, 1995. 2 7 b. For the operations of the dairy trade practices bureau: 2 8 .................................................. $ 66,273 2 9 c. For the purpose of performing commercial feed audits: 2 10 .................................................. $ 61,932 2 11 d. For the purpose of performing fertilizer audits: 2 12 .................................................. $ 61,932 2 13 2. REGULATORY DIVISION 2 14 a. For salaries, support, maintenance, miscellaneous 2 15 purposes, and for not more than the following full-time 2 16 equivalent positions: 2 17 .................................................. $ 3,792,298 2 18 ............................................... FTEs 122.50 2 19 Of the moneys appropriated in this paragraph "a", $34,300 2 20 is allocated for purposes of purchasing equipment for grain 2 21 examiners to comply with requirements of the United States 2 22 department of labor occupational safety and health admin- 2 23 istration. 2 24 b. For the costs of inspection, sampling, analysis, and 2 25 other expenses necessary for the administration of chapters 2 26 192, 194, and 195: 2 27 .................................................. $ 642,122 2 28 3. LABORATORY DIVISION 2 29 a. For salaries, support, maintenance, and miscellaneous 2 30 purposes, including the administration of the gypsy moth 2 31 program, and for not more than the following full-time 2 32 equivalent positions: 2 33 .................................................. $ 845,528 2 34 ............................................... FTEs 76.10 2 35 (1) Of the amount appropriated in this paragraph "a", 3 1 $110,000 shall be used to administer a program relating to the 3 2 detection, surveillance, and eradication of the gypsy moth. 3 3 The department shall allocate and use the appropriation made 3 4 in this paragraph before moneys other than those appropriated 3 5 in this paragraph are used to support the program. 3 6 (2) Of the amount appropriated in this paragraph "a", 3 7 $25,000 shall be allocated to Iowa state university for 3 8 purposes of supporting multiflora rose eradication research 3 9 and projects. 3 10 (3) Of the amount appropriated in this paragraph "a", 3 11 $25,000 shall be allocated to support aerial spray calibration 3 12 efforts at Iowa state university. 3 13 b. For the operations of the commercial feed programs: 3 14 .................................................. $ 735,631 3 15 c. For the operations of the pesticide programs: 3 16 .................................................. $ 1,271,464 3 17 Of the amount appropriated in this paragraph "c", $200,000 3 18 shall be allocated to Iowa state university for purposes of 3 19 training commercial pesticide applicators. 3 20 d. For the operations of the fertilizer programs: 3 21 .................................................. $ 626,630 3 22 4. SOIL CONSERVATION DIVISION 3 23 a. For salaries, support, maintenance, assistance to soil 3 24 conservation districts, miscellaneous purposes, and for not 3 25 more than the following full-time equivalent positions: 3 26 .................................................. $ 5,676,476 3 27 ............................................... FTEs 177.30 3 28 (1) Of the amount appropriated in this paragraph "a", 3 29 $330,000 shall be used to reimburse commissioners of soil and 3 30 water conservation districts for administrative expenses. 3 31 Moneys used for the payment of meeting dues by counties shall 3 32 be matched on a dollar-for-dollar basis by the soil 3 33 conservation division. 3 34 (2) Of the amount appropriated and the number of full-time 3 35 equivalent positions allocated in this paragraph "a", $165,000 4 1 and 6.50 FTEs shall be used to provide that 13 part-time field 4 2 office secretary I positions are made full-time positions. Of 4 3 the amount appropriated and the number of full-time equivalent 4 4 positions allocated in paragraph "a", $55,000 and 1 FTE shall 4 5 be used to support a public service executive I position in 4 6 the field services section of the division. 4 7 b. To provide financial incentives for soil conservation 4 8 practices under chapter 161A: 4 9 .................................................. $ 5,918,606 4 10 c. The following requirements apply to the moneys 4 11 appropriated in paragraph "b": 4 12 (1) Not more than 5 percent of the moneys appropriated in 4 13 paragraph "b" may be allocated for cost sharing to abate 4 14 complaints filed under section 161A.47. 4 15 (2) Of the moneys appropriated in paragraph "b", 5 percent 4 16 shall be allocated for financial incentives to establish 4 17 practices to protect watersheds above publicly owned lakes of 4 18 the state from soil erosion and sediment as provided in 4 19 section 161A.73. 4 20 (3) Not more than 30 percent of a district's allocation of 4 21 moneys as financial incentives may be provided for the purpose 4 22 of establishing management practices to control soil erosion 4 23 on land that is row cropped, including but not limited to no- 4 24 till planting, ridge-till planting, contouring, and contour 4 25 strip-cropping as provided in section 161A.73. 4 26 (4) The state soil conservation committee created in 4 27 section 161A.4 may allocate moneys to conduct research and 4 28 demonstration projects to promote conservation tillage and 4 29 nonpoint source pollution control practices. 4 30 (5) The financial incentive payments may be used in 4 31 combination with department of natural resources moneys. 4 32 d. The provisions of section 8.33 shall not apply to the 4 33 moneys appropriated in paragraph "b". Unencumbered or 4 34 unobligated moneys remaining on June 30, 1999, from moneys 4 35 appropriated in paragraph "b" for the fiscal year beginning 5 1 July 1, 1995, shall revert to the general fund on August 31, 5 2 1999. 5 3 Sec. 2. FARMERS' MARKET COUPON PROGRAM. There is 5 4 appropriated from the general fund of the state to the 5 5 department of agriculture and land stewardship for the fiscal 5 6 year beginning July 1, 1995, and ending June 30, 1996, the 5 7 following amount, or so much thereof as is necessary, to be 5 8 used for the purposes designated: 5 9 For salaries, support, maintenance, and miscellaneous 5 10 purposes, to be used by the department to continue and expand 5 11 the farmers' market coupon program by providing federal 5 12 special supplemental food program recipients with coupons 5 13 redeemable at farmers' markets, and for not more than the 5 14 following full-time equivalent positions: 5 15 .................................................. $ 215,335 5 16 ............................................... FTEs 1.00 5 17 Sec. 3. PSEUDORABIES ERADICATION PROGRAM. 5 18 1. There is appropriated from the general fund of the 5 19 state to the department of agriculture and land stewardship 5 20 for the fiscal year beginning July 1, 1995, and ending June 5 21 30, 1996, the following amount, or so much thereof as is 5 22 necessary, to be used for the purpose designated: 5 23 For support of the pseudorabies eradication program: 5 24 .................................................. $ 900,200 5 25 2. Persons, including organizations interested in swine 5 26 production in this state and in the promotion of Iowa pork 5 27 products who contribute support to the program, are encouraged 5 28 to increase financial support for purposes of ensuring the 5 29 program's effective continuation. 5 30 Sec. 4. HORSE AND DOG RACING. There is appropriated from 5 31 the moneys available under section 99D.13 to the regulatory 5 32 division of the department of agriculture and land stewardship 5 33 for the fiscal year beginning July 1, 1995, and ending June 5 34 30, 1996, the following amount, or so much thereof as is 5 35 necessary, to be used for the purpose designated: 6 1 For salaries, support, maintenance, and miscellaneous 6 2 purposes for the administration of section 99D.22: 6 3 .................................................. $ 191,106 6 4 Sec. 5. INTERSTATE COMPACT ON AGRICULTURAL GRAIN 6 5 MARKETING. There is appropriated from the general fund of the 6 6 state to the interstate agricultural grain marketing 6 7 commission for the fiscal year beginning July 1, 1995, and 6 8 ending June 30, 1996, the following amount, or so much thereof 6 9 as is necessary, to be used for the purpose designated: 6 10 For carrying out duties of the commission as provided in 6 11 Article IV of the interstate compact on agricultural grain 6 12 marketing as provided in chapter 183: 6 13 .................................................. $ 80,000 6 14 DEPARTMENT OF NATURAL RESOURCES 6 15 Sec. 6. GENERAL APPROPRIATION. There is appropriated from 6 16 the general fund of the state to the department of natural 6 17 resources for the fiscal year beginning July 1, 1995, and 6 18 ending June 30, 1996, the following amounts, or so much 6 19 thereof as is necessary, to be used for the purposes 6 20 designated: 6 21 1. ADMINISTRATIVE AND SUPPORT SERVICES 6 22 For salaries, support, maintenance, miscellaneous purposes, 6 23 and for not more than the following full-time equivalent 6 24 positions: 6 25 .................................................. $ 1,834,654 6 26 ............................................... FTEs 113.50 6 27 2. PARKS AND PRESERVES DIVISION 6 28 For salaries, support, maintenance, miscellaneous purposes, 6 29 and for not more than the following full-time equivalent 6 30 positions: 6 31 .................................................. $ 5,510,462 6 32 ............................................... FTEs 195.73 6 33 3. FORESTS AND FORESTRY DIVISION 6 34 For salaries, support, maintenance, miscellaneous purposes, 6 35 and for not more than the following full-time equivalent 7 1 positions: 7 2 .................................................. $ 1,479,218 7 3 ............................................... FTEs 48.71 7 4 4. ENERGY AND GEOLOGICAL RESOURCES DIVISION 7 5 For salaries, support, maintenance, miscellaneous purposes, 7 6 and for not more than the following full-time equivalent 7 7 positions: 7 8 .................................................. $ 1,663,582 7 9 ............................................... FTEs 52.00 7 10 5. ENVIRONMENTAL PROTECTION DIVISION 7 11 a. For salaries, support, maintenance, miscellaneous 7 12 purposes, and for not more than the following full-time 7 13 equivalent positions: 7 14 .................................................. $ 1,591,943 7 15 ............................................... FTEs 206.00 7 16 b. Of the amount appropriated and the number of full-time 7 17 equivalent positions allocated in paragraph "a" at least 7 18 $49,300 and 1 FTE shall be used to support the regulation of 7 19 animal feeding operations. 7 20 6. WATER QUALITY PROTECTION FUND 7 21 a. For allocation to the administrative account of the 7 22 water quality protection fund established pursuant to section 7 23 455B.183A, to carry out the purpose of that account: 7 24 .................................................. $ 404,000 7 25 b. Of the number of FTEs authorized in subsection 5, 7 26 paragraph "a", 36 FTEs shall be dedicated to carrying out the 7 27 provisions of chapter 455B relating to the administration, 7 28 regulation, and enforcement of the federal Safe Drinking Water 7 29 Act and to support the program to assist supply systems as 7 30 provided in section 455B.183B. However, the limitation on 7 31 full-time equivalent positions provided in subsection 5, 7 32 paragraph "a", shall not limit the number of additional full- 7 33 time equivalent positions supported by moneys deposited in the 7 34 water quality protection fund as provided in section 7 35 455B.183A, in order to carry out the provisions of division 8 1 III of chapter 455B relating to the administration, 8 2 regulation, and enforcement of the federal Safe Drinking Water 8 3 Act, and the administration of the program to assist supply 8 4 systems pursuant to section 455B.183B. 8 5 c. In providing assistance under this subsection, the 8 6 department shall provide priority to systems serving a 8 7 population of seven thousand or less. At least two FTEs shall 8 8 be allocated to provide assistance to systems serving a 8 9 population of seven thousand or less. 8 10 7. FISH AND WILDLIFE DIVISION 8 11 For not more than the following full-time equivalent 8 12 positions: 8 13 ............................................... FTEs 340.93 8 14 8. WASTE MANAGEMENT ASSISTANCE DIVISION 8 15 For not more than the following full-time equivalent 8 16 positions: 8 17 ............................................... FTEs 16.75 8 18 Sec. 7. STATE FISH AND GAME PROTECTION FUND &endash; APPRO- 8 19 PRIATION TO THE DIVISION OF FISH AND WILDLIFE. 8 20 1. There is appropriated from the state fish and game 8 21 protection fund to the division of fish and wildlife of the 8 22 department of natural resources for the fiscal year beginning 8 23 July 1, 1995, and ending June 30, 1996, the following amount, 8 24 or so much thereof as is necessary, to be used for the 8 25 purposes designated: 8 26 For administrative support, and for salaries, support, 8 27 maintenance, equipment, and miscellaneous purposes: 8 28 .................................................. $ 20,637,657 8 29 2. The department shall not expend more moneys from the 8 30 fish and game protection fund than provided in this section, 8 31 unless the expenditure derives from contributions made by a 8 32 private entity, or a grant or moneys received from the federal 8 33 government, and is approved by the natural resource 8 34 commission. The department of natural resources shall 8 35 promptly notify the legislative fiscal bureau and the 9 1 chairpersons and ranking members of the joint appropriations 9 2 subcommittee on agriculture and natural resources concerning 9 3 the commission's approval. 9 4 Sec. 8. MARINE FUEL TAX RECEIPTS &endash; NONCAPITALS AND 9 5 BOATING FACILITIES AND ACCESS. There is appropriated from the 9 6 marine fuel tax receipts deposited in the general fund of the 9 7 state to the department of natural resources for the fiscal 9 8 year beginning July 1, 1995, and ending June 30, 1996, the 9 9 following amounts, or so much thereof as is necessary, to be 9 10 used for the purposes designated: 9 11 1. For purposes of funding expenditures traditionally 9 12 funded from marine fuel tax revenues, but not considered as 9 13 capitals or operations: 9 14 .................................................. $ 200,000 9 15 2. For purposes of maintaining and developing boating 9 16 facilities and access to public waters by the parks and 9 17 preserves division: 9 18 .................................................. $ 411,311 9 19 Notwithstanding section 8.33, the unencumbered or 9 20 unobligated moneys remaining on June 30, 1996, from moneys 9 21 appropriated in subsection 1, may be expended during the 9 22 fiscal year beginning July 1, 1996, and ending June 30, 1997, 9 23 and shall not revert to the general fund until August 31, 9 24 1997. 9 25 Sec. 9. SNOWMOBILE FEES &endash; TRANSFER FOR ENFORCEMENT 9 26 PURPOSES. There is transferred on July 1, 1995, from the fees 9 27 deposited under section 321G.7 to the fish and game protection 9 28 fund and appropriated to the department of natural resources 9 29 for the fiscal year beginning July 1, 1995, and ending June 9 30 30, 1996, the following amount, or so much thereof as is 9 31 necessary, to be used for the purpose designated: 9 32 For the purpose of enforcing snowmobile laws as part of the 9 33 state snowmobile program administered by the department of 9 34 natural resources: 9 35 .................................................. $ 100,000 10 1 Sec. 10. VESSEL FEES &endash; TRANSFER FOR ENFORCEMENT PURPOSES. 10 2 There is transferred on July 1, 1995, from the fees deposited 10 3 under section 462A.52 to the fish and game protection fund and 10 4 appropriated to the department of natural resources for the 10 5 fiscal year beginning July 1, 1995, and ending June 30, 1996, 10 6 the following amount, or so much thereof as is necessary, to 10 7 be used for the purpose designated: 10 8 For purposes of administration and enforcement of 10 9 navigation laws and water safety: 10 10 .................................................. $ 1,200,000 10 11 RESOURCES ENHANCEMENT AND PROTECTION 10 12 Sec. 11. GENERAL APPROPRIATION. Notwithstanding the 10 13 amount of the standing appropriation from the general fund of 10 14 the state under section 455A.18, subsection 3, there is 10 15 appropriated from the general fund of the state to the Iowa 10 16 resources enhancement and protection fund, in lieu of the 10 17 appropriation made in section 455A.18, for the fiscal year 10 18 beginning July 1, 1995, and ending June 30, 1996, the sum of 10 19 $8,000,000, of which all moneys shall be allocated as provided 10 20 in section 455A.19. 10 21 ANIMAL INDUSTRY APPROPRIATIONS 10 22 Sec. 12. LIVESTOCK PRODUCERS ASSISTANCE. 10 23 1. There is appropriated from the general fund of the 10 24 state to Iowa state university of science and technology, for 10 25 the fiscal year beginning July 1, 1995, and ending June 30, 10 26 1996, the following amount, or so much thereof as is 10 27 necessary, to be used for the purposes designated: 10 28 For the administration of the livestock producers 10 29 assistance program established pursuant to section 266.39D, 10 30 including salaries, support, maintenance, miscellaneous 10 31 purposes, and for not more than the following full-time 10 32 equivalent positions: 10 33 .................................................. $ 100,000 10 34 ............................................... FTEs 1.66 10 35 2. As a condition of this appropriation, the university 11 1 shall strive to ensure that the program becomes increasingly 11 2 self-sufficient. The university shall adopt a plan detailing 11 3 the manner in which the program will become self-sufficient, 11 4 including the expected amount of state funds necessary to 11 5 support the program until it becomes self-sufficient, the 11 6 sources of revenue expected to contribute to the program, and 11 7 the amount each source is expected to contribute to the 11 8 program. The plan shall be submitted to the legislative 11 9 fiscal bureau by November 1, 1995. 11 10 3. The provisions of section 8.33 shall not apply to the 11 11 moneys appropriated in this section. Unencumbered or unobli- 11 12 gated moneys remaining on June 30, 1999, from moneys 11 13 appropriated in this section for the fiscal year beginning 11 14 July 1, 1995, shall revert to the general fund on August 31, 11 15 1999. 11 16 Sec. 13. ORGANIC NUTRIENT MANAGEMENT. 11 17 1. There is appropriated from the general fund of the 11 18 state to the department of agriculture and land stewardship 11 19 for the fiscal year beginning July 1, 1995, and ending June 11 20 30, 1996, the following amount, or so much thereof as is 11 21 necessary, to be used for the purposes designated: 11 22 For deposit in the organic nutrient management fund for 11 23 administration of the organic nutrient management program, as 11 24 provided in section 161C.6: 11 25 .................................................. $ 450,000 11 26 2. Notwithstanding section 161C.5, unencumbered or 11 27 unobligated moneys remaining on June 30, 1999, from moneys 11 28 appropriated in this section for the fiscal year beginning 11 29 July 1, 1995, shall revert to the general fund on August 31, 11 30 1999. 11 31 RELATED APPROPRIATIONS 11 32 Sec. 14. TRANSFERS FROM THE WATER PROTECTION FUND. 11 33 Notwithstanding section 161C.4 and the reversion and alloca- 11 34 tion provisions in section 455A.19, subsection 1, paragraph 11 35 "c", of the unencumbered and unobligated moneys remaining on 12 1 the effective date of this section, in the water protection 12 2 fund created pursuant to section 161C.4, the following amounts 12 3 shall be transferred first from the water protection practices 12 4 account, and if necessary from the water quality protection 12 5 projects account, which shall be used for the following 12 6 purposes: 12 7 1. To the organic nutrient management fund created in 12 8 section 161C.5 for the purposes of carrying out the organic 12 9 nutrient management program as provided in section 161C.6: 12 10 .................................................. $ 350,000 12 11 2. To provide financial incentives for soil conservation 12 12 practices under chapter 161A, as provided in section 1 of this 12 13 Act: 12 14 .................................................. $ 500,000 12 15 Moneys provided in this section shall be transferred first 12 16 to the organic nutrient management fund as provided in 12 17 subsection 1 before remaining moneys are transferred to 12 18 provide financial incentives for soil conservation as provided 12 19 in subsection 2. 12 20 The provisions of section 8.33 shall not apply to the 12 21 moneys transferred pursuant to this section. Unencumbered or 12 22 unobligated moneys remaining on June 30, 1999, from moneys 12 23 transferred pursuant to this section for the fiscal year 12 24 beginning July 1, 1995, shall revert to the account from which 12 25 transferred on August 31, 1999. 12 26 Sec. 15. REVENUE ADMINISTERED BY THE IOWA COMPREHENSIVE 12 27 UNDERGROUND STORAGE TANK FUND BOARD &endash; TRANSFER. There is 12 28 appropriated from the unassigned revenue fund administered by 12 29 the Iowa comprehensive underground storage tank fund board, to 12 30 the department of natural resources for the fiscal year 12 31 beginning July 1, 1995, and ending June 30, 1996, the 12 32 following amount, or so much thereof as is necessary, to be 12 33 used for the purpose designated: 12 34 For administration expenses of the underground storage tank 12 35 section of the department of natural resources: 13 1 .................................................. $ 75,000 13 2 Sec. 16. TRANSFER &endash; AIR QUALITY. For the fiscal year 13 3 beginning July 1, 1995, and ending June 30, 1996, the 13 4 department of natural resources may transfer up to $281,000 13 5 from the hazardous substance remedial fund to support purposes 13 6 related to carrying out the duties of the commission under 13 7 section 455B.133, or the director under section 455B.134, or 13 8 for carrying out the provisions of chapter 455B, division II. 13 9 Sec. 17. WIND EROSION CONTROL FUND. On the effective date 13 10 of this section, all unencumbered or unobligated moneys 13 11 appropriated to the wind erosion control fund, and any 13 12 unencumbered or unobligated moneys which have been credited to 13 13 the division of soil conservation of the department of 13 14 agriculture and land stewardship for purposes of planting and 13 15 maintaining wind erosion control barriers, as originally 13 16 provided in 1978 Iowa Acts, chapter 1108, section 7, and 13 17 subsequently amended, shall be transferred to the road use tax 13 18 fund created in section 312.1. 13 19 MISCELLANEOUS 13 20 Sec. 18. STATE NURSERIES. Notwithstanding section 17A.2, 13 21 subsection 10, paragraph "g", the department of natural 13 22 resources shall adopt administrative rules establishing prices 13 23 of plant material grown at the state forest nurseries to cover 13 24 all expenses related to the growing of the plants. 13 25 The department shall develop programs to encourage the wise 13 26 management and preservation of existing woodlands and shall 13 27 continue its efforts to encourage forestation and 13 28 reforestation on private and public lands in the state. 13 29 The department shall encourage a cooperative relationship 13 30 between the state forest nurseries and private nurseries in 13 31 the state in order to achieve these goals. 13 32 Sec. 19. HUNGRY CANYONS CONFERENCE. 13 33 1. The department of natural resources in cooperation with 13 34 the loess hills development and conservation authority, shall 13 35 sponsor a conference not later than September 1, 1995, 14 1 regarding the erosion and degradation of stream channels in 14 2 counties in the deep loess region of western Iowa, and 14 3 specifically the area referred to as hungry canyons. The 14 4 conference shall discuss the impacts of the erosion and 14 5 degradation of stream channels in the area and its adverse 14 6 effect upon rural infrastructure, including public roads and 14 7 bridges, agricultural production, stream water quality, and 14 8 riparian habitat. The conference shall consider impacts of 14 9 policies of the United States army corps of engineers upon the 14 10 area. 14 11 2. Conferees shall include representatives of the 14 12 department of natural resources, the loess hills development 14 13 and conservation authority, the division of soil conservation 14 14 of the department of agriculture and land stewardship, and the 14 15 state department of transportation. Each soil and water 14 16 conservation district in the area may elect one commissioner 14 17 to serve as a conferee. Each county board of supervisors in a 14 18 county in the area may elect one supervisor to serve as a 14 19 conferee. The department of natural resources shall invite 14 20 other interested persons to serve as conferees, including 14 21 members of Iowa's congressional delegation, the chairperson 14 22 and ranking member of the standing committee on natural 14 23 resources, environment and energy of the senate, the 14 24 chairperson and ranking member of the standing committees on 14 25 natural resources and environmental protection of the house of 14 26 representatives, the chairpersons and ranking members of the 14 27 joint appropriations subcommittee on agriculture and natural 14 28 resources, members of the Iowa general assembly who represent 14 29 affected legislative districts, and representatives of the 14 30 United States army corps of engineers, the United States 14 31 environmental protection agency, the United States department 14 32 of interior, and the natural resources conservation service of 14 33 the United States department of agriculture. 14 34 3. The department of natural resources shall report to the 14 35 general assembly not later than January 15, 1996, regarding 15 1 findings and recommendations of the conferees. 15 2 Sec. 20. TRANSFER OF MONEYS OR POSITIONS; CHANGES IN 15 3 TABLES OF ORGANIZATION &endash; NOTIFICATION. Each fiscal quarter 15 4 of the fiscal year beginning July 1, 1995, the department of 15 5 agriculture and land stewardship and the department of natural 15 6 resources shall notify the chairpersons, vice chairpersons, 15 7 and ranking members of the joint appropriations subcommittee 15 8 on agriculture and natural resources for the previous fiscal 15 9 quarter of any transfer of moneys or full-time equivalent 15 10 positions made by either department which is not authorized in 15 11 this Act, or any permanent position added to or deleted from 15 12 either department's table of organization. 15 13 Sec. 21. TRUST FUND INFORMATION. For the fiscal year 15 14 beginning July 1, 1995, and ending June 30, 1996, the 15 15 department of revenue and finance in cooperation with each 15 16 appropriate agency shall track receipts to the general fund of 15 17 the state which under law were previously collected to be used 15 18 for specific purposes, or to be credited to, or be deposited 15 19 to a particular account or fund, as provided in section 8.60. 15 20 The department of revenue and finance and each appropriate 15 21 agency shall prepare reports detailing revenue from receipts 15 22 previously deposited into each of the funds. A report shall 15 23 be submitted to the legislative fiscal bureau at least once 15 24 for each three-month period as designated by the legislative 15 25 fiscal bureau. 15 26 Sec. 22. DEPARTMENTAL INFORMATION REQUIRED. 15 27 1. For the fiscal year beginning July 1, 1995, and ending 15 28 June 30, 1996, the department of agriculture and land 15 29 stewardship and the department of natural resources, in 15 30 cooperation as necessary with the department of management and 15 31 the department of personnel, shall provide a list to the 15 32 legislative fiscal bureau, on a quarterly basis, of all 15 33 permanent positions added to or deleted from the departments' 15 34 table of organization in the previous fiscal quarter. This 15 35 list shall include at least the position number, salary range, 16 1 projected funding source or sources of each position, and the 16 2 reason for the addition or deletion. The legislative fiscal 16 3 bureau may use this information to assist in the establishment 16 4 of the full-time equivalent position limits authorized in law 16 5 for the departments. 16 6 2. For the fiscal year beginning July 1, 1995, and ending 16 7 June 30, 1996, the department of natural resources shall 16 8 provide the legislative fiscal bureau information and 16 9 financial data by cost center, on at least a monthly basis, 16 10 relating to the indirect cost accounting procedure, the amount 16 11 of funding from each funding source for each cost center, and 16 12 the internal budget system used by the department. The 16 13 information shall include but is not limited to financial data 16 14 covering the department's budget by cost center and funding 16 15 source prior to the start of the fiscal year, and to the 16 16 department's actual expenditures by cost center and funding 16 17 source after the accounting system has been closed for that 16 18 fiscal year. 16 19 3. For the fiscal year beginning July 1, 1995, and ending 16 20 June 30, 1996, the department of agriculture and land 16 21 stewardship shall provide the legislative fiscal bureau 16 22 information and financial data on at least a monthly basis, 16 23 relating to the internal budget system used by the department. 16 24 The information shall include but is not limited to financial 16 25 data covering the department's budget prior to the start of 16 26 the fiscal year, and to the department's actual expenditures 16 27 after the accounting system has been closed for that fiscal 16 28 year. 16 29 Sec. 23. DIRECTION TO CODE EDITOR &endash; UPDATE REFERENCES TO 16 30 UNITS REORGANIZED UNDER THE UNITED STATES DEPARTMENT OF 16 31 AGRICULTURE. The Code editor is directed, to every extent 16 32 possible, to update references in the Code relating to units 16 33 of government under the authority of the United States 16 34 department of agriculture to conform with the current names of 16 35 those units. 17 1 Sec. 24. PREFERENCE PROVIDED &endash; PERSONS MEETING 17 2 ELIGIBILITY REQUIREMENTS OF THE GREEN THUMB PROGRAM. In its 17 3 employment of persons in temporary positions in conservation 17 4 and outdoor recreation for the fiscal year beginning July 1, 17 5 1995, and ending June 30, 1996, the department of natural 17 6 resources shall give preference to persons meeting eligibility 17 7 requirements for the green thumb program and to persons 17 8 working toward an advanced education in natural resources and 17 9 conservation. 17 10 Sec. 25. GYPSY MOTH LITIGATION. The department of 17 11 agriculture and land stewardship and the office of the 17 12 attorney general shall cooperate in bringing legal action 17 13 against parties liable for damages caused by the shipment from 17 14 the state of Michigan of trees or other plants infested with 17 15 gypsy moths. 17 16 Sec. 26. SOIL CONSERVATION DIVISION &endash; USE OF UNOBLIGATED 17 17 MONEYS FOR THE PURCHASE OF EQUIPMENT. Notwithstanding section 17 18 8.33, or 1994 Iowa Acts, chapter 1199, section 8, subsection 17 19 17, and section 88, the moneys appropriated to the soil 17 20 conservation division of the department of agriculture and 17 21 land stewardship pursuant to chapter 1199, section 8, 17 22 subsection 17, and section 88, which are not obligated or 17 23 encumbered on June 30, 1995, for purposes of supporting soil 17 24 conservation technicians, shall not revert to the general fund 17 25 of the state but shall be used by the division of soil 17 26 conservation for the fiscal year beginning July 1, 1995, and 17 27 ending June 30, 1996, for purposes of purchasing equipment for 17 28 soil conservation field offices. 17 29 Sec. 27. AIR QUALITY PROGRAM &endash; NONGENERAL FUND SUPPORT. 17 30 The department of natural resources for the fiscal year 17 31 beginning July 1, 1995, and ending June 30, 1996, shall not 17 32 use moneys appropriated from the general fund of the state 17 33 pursuant to this Act, to support any purpose related to 17 34 carrying out the duties of the commission under section 17 35 455B.133 or the director under section 455B.134, or for 18 1 carrying out the provisions of chapter 455B, division II. 18 2 Notwithstanding section 455B.133B, the department may use 18 3 moneys deposited in the air contaminant source fund created in 18 4 section 455B.133B during the fiscal year beginning July 1, 18 5 1995, and ending June 30, 1996, for any purpose related to 18 6 carrying out the duties of the commission under section 18 7 455B.133 or the director under section 455B.134, or for 18 8 carrying out the provisions of chapter 455B, division II. 18 9 Sec. 28. RULES RELATING TO PESTICIDE AND FERTILIZER 18 10 CONTAMINATED SITES &endash; ENVIRONMENTAL PROTECTION COMMISSION. 18 11 The environmental protection commission shall adopt all rules 18 12 required to establish criteria for the classification and 18 13 prioritization of sites upon which pesticide or fertilizer 18 14 contamination has been discovered, as provided in section 18 15 455B.601 not later than January 1, 1996. 18 16 Sec. 29. DEPUTY SECRETARY OF AGRICULTURE &endash; STUDY. The 18 17 joint appropriations subcommittee on agriculture and natural 18 18 resources shall conduct a study of the functions and duties of 18 19 the deputy secretary of agriculture, the effectiveness of the 18 20 position, and any methods to improve the position's 18 21 effectiveness. 18 22 STATUTORY CHANGES 18 23 Sec. 30. 1993 Iowa Acts, chapter 176, section 25, 18 24 subsection 2, as amended by 1994 Iowa Acts, chapter 1198, 18 25 section 31, is amended to read as follows: 18 26 2. Notwithstanding section 8.33, unencumbered or 18 27 unobligated moneys remaining on June 30, 1993, from moneys 18 28 appropriated pursuant to 1992 Iowa Acts, Second Extraordinary 18 29 Session, chapter 1001, section 402, may be expended during the 18 30 fiscal period beginning July 1, 1993, and ending June 30,199518 31 1996, and shall not revert to the general fund until August 18 32 31,19951996. 18 33 Sec. 31. 1994 Iowa Acts, chapter 1119, section 32, 18 34 subsection 2, unnumbered paragraph 1, is amended to read as 18 35 follows: 19 1 Notwithstanding section 423.24, as amended in this Act, for 19 2 each fiscal year of the period beginning on July 1, 1993, and 19 3 endingJuly 1, 1994June 30, 1996, an amount equal to two and 19 4 one-half percent of the total moneys used to support value- 19 5 added agricultural products and processes as provided in that 19 6 section, which would otherwise be allocated to the value-added 19 7 agricultural products and processes financial assistance fund, 19 8 shall instead be allocated to the office of renewable fuels 19 9 and coproducts. The moneys shall be used for purposes of 19 10 conducting soydiesel demonstration projects administered by 19 11 the state department of transportation under the oversight of 19 12 the renewable fuels and coproducts advisory committee. 19 13 Sec. 32. 1994 Iowa Acts, chapter 1119, section 32, 19 14 subsection 2, paragraph b, is amended to read as follows: 19 15 b. The state department of transportation shall evaluate 19 16 the performance of vehicles operating on soydiesel fuel, 19 17 including the rate of repairs on the vehicles and comments of 19 18 persons operating and maintaining the vehicles. The 19 19 department shall submit initial findings and recommendations 19 20 to the renewable fuels and coproducts advisory committee which 19 21 shall submit a report to the senate and chief clerk of the 19 22 house, the legislative service bureau, the chairpersons and 19 23 ranking members of the senate standing committee on 19 24 agriculture, the senate standing committee on small business, 19 25 economic development and tourism, the house of representatives 19 26 standing committee on agriculture, and the house of 19 27 representatives standing committee on small business, economic 19 28 development and trade. The department shall submit final 19 29 findings and recommendations to the renewable fuels and 19 30 coproducts advisory committee which shall submit a report to 19 31 the general assembly.TheAn initial report shall be due on 19 32 October 1, 1994. The final, an interim report shall be due on 19 33 March 1, 1995, and a final report shall be due on October 1, 19 34 1996. 19 35 Sec. 33. 1994 Iowa Acts, chapter 1119, section 32, 20 1 subsection 2, paragraph d, is amended to read as follows: 20 2 d. Moneys available under this section which remain 20 3 unexpended or unobligated on June 30, 1994, shall remain 20 4 available to support the demonstration project and shall not 20 5 revert pursuant to section 8.33. Moneys remaining unexpended 20 6 or unobligated on June 30,19951996, shall be credited to the 20 7 value-added agricultural products and processes financial 20 8 assistance fund as created in section 15E.112. 20 9 Sec. 34. Section 8.60, Code 1995, is amended to read as 20 10 follows: 20 11 8.60 USE OF DESIGNATED MONEYS. 20 12 Moneys credited to or deposited in the general fund of the 20 13 state on or after July 1, 1993, which under law were pre- 20 14 viously collected to be used for specific purposes, or to be 20 15 credited to, or be deposited to a particular account or fund 20 16 shall only be used for the purposes for which the moneys were 20 17 collected, including but not limited to moneys collected in 20 18 accordance with any of the following provisions: 20 19 1. Pari-mutuel regulation fund created in section 99D.17, 20 20 Code Supplement 1993. 20 21 2. Excursion boat gambling special account pursuant to 20 22 section 99F.4, subsection 2, Code Supplement 1993. 20 233. Milk fund created in section 192.111, Code Supplement20 241993.20 254. Dairy trade practices trust fund pursuant to section20 26192A.30, Code Supplement 1993.20 275. Commercial feed fund created in section 198.9, Code20 28Supplement 1993.20 296. Fertilizer fund created in section 200.9, Code20 30Supplement 1993.20 317. Pesticide fund created in section 206.12, Code20 32Supplement 1993.20 338.3. Motor vehicle fraud account pursuant to section 20 34 312.2, subsection 13, Code Supplement 1993. 20 359.4. Public transit assistance fund pursuant to section 21 1 312.2, subsection 15, and section 324A.6, Code Supplement 21 2 1993. 21 310.5. Salvage vehicle fee paid to the Iowa law 21 4 enforcement academy pursuant to section 321.52, Code 21 5 Supplement 1993. 21 611.6. Railroad assistance fund created in section 21 7 327H.18, Code Supplement 1993. 21 812.7. Special railroad facility fund created in section 21 9 327I.23, Code Supplement 1993. 21 1013.8. State aviation fund created in section 328.36, Code 21 11 Supplement 1993. 21 1214. Marine fuel tax fund created in section 452A.79, Code21 13Supplement 1993.21 1415.9. Public outdoor recreation and resources fund 21 15 pursuant to section 461A.79, Code Supplement 1993. 21 1616.10. Energy research and development fund created in 21 17 section 473.11, Code Supplement 1993. 21 1817.11. Utilities trust fund created in section 476.10, 21 19 Code Supplement 1993. 21 2018.12. Banking revolving fund created in section 524.207, 21 21 Code Supplement 1993. 21 2219.13. Credit union revolving fund created in section 21 23 533.67, Code Supplement 1993. 21 2420.14. Professional licensing revolving fund created in 21 25 section 546.10, Code Supplement 1993. 21 26 Sec. 35. Section 161C.4, unnumbered paragraph 1, Code 21 27 1995, is amended to read as follows: 21 28 A water protection fund is created within the division. 21 29 The fund is composed of money appropriated by the general 21 30 assembly for that purpose, and moneys available to and 21 31 obtained or accepted by the state soil conservation committee 21 32 from the United States or private sources for placement in the 21 33 fund. The fund shall be divided into two accounts, the water 21 34 quality protection projects account and the water protection 21 35 practices account. The first account shall be used to carry 22 1 out water quality protection projects to protect the state's 22 2 surface and groundwater from point and nonpoint sources of 22 3 contamination. The second account shall be used to establish 22 4 water protection practices with individual landowners 22 5 including but not limited to woodland establishment and 22 6 protection, establishment of native grasses and forbs, 22 7 sinkhole management, agricultural drainage well management, 22 8 streambank stabilization, grass waterway establishment, stream 22 9 buffer strip establishment, and erosion control structure 22 10 construction. Twenty-five percent of funds appropriated to 22 11 the water protection practices account shall be used for 22 12 woodland establishment and protection, and establishment of 22 13 native grasses and forbs. Soil and water conservation 22 14 district commissioners shall give priority to applications for 22 15 practices that implement their soil and water resource 22 16 conservation plan. The fund shall be a revolving fund from 22 17 which moneys may be used for loans, grants, administrative 22 18 costs, and cost-sharing. 22 19 Sec. 36. Section 192.111, subsection 3, Code 1995, is 22 20 amended by striking the subsection. 22 21 Sec. 37. NEW SECTION. 192.112 MILK FUND. 22 22 1. A milk fund is established in the state treasury under 22 23 the control of the department. The fund shall consist of any 22 24 money appropriated by the general assembly and any other 22 25 moneys available to and obtained or accepted by the department 22 26 from the federal government or private sources for placement 22 27 in the fund. Fees collected under sections 192.111, 192.133, 22 28 194.14, 194.19, 194.20, and 195.9 shall be deposited in the 22 29 fund. All moneys deposited under this section are 22 30 appropriated to the department for the costs of inspection, 22 31 sampling, analysis, and other expenses necessary for the 22 32 administration of this chapter and chapters 194 and 195. 22 33 2. In each fiscal year, the secretary shall calculate the 22 34 balance of funds deposited under this section by subtracting 22 35 all moneys expended for the costs of inspection, sampling, 23 1 analysis, and other expenses necessary for the administration 23 2 of this chapter and chapters 194 and 195. If the calculation 23 3 shows a balance of funds deposited under this section on June 23 4 30 of any fiscal year equal to or exceeding one hundred fifty 23 5 thousand dollars, the secretary shall reduce the fees provided 23 6 for in section 192.111 and section 194.20 for the next fiscal 23 7 year in an amount which will result in an ending estimated 23 8 balance of such funds for June 30 of the next fiscal year of 23 9 one hundred fifty thousand dollars. 23 10 3. All moneys in the milk fund are subject to audit by the 23 11 auditor of state. The milk fund is subject at all times to 23 12 warrants by the director of revenue and finance, drawn upon 23 13 written requisition of the secretary. Notwithstanding section 23 14 8.33, moneys in the milk fund shall remain in the milk fund 23 15 and shall not revert to the general fund of the state. 23 16 Notwithstanding section 12C.7, subsection 2, interest or 23 17 earnings on moneys deposited in the milk fund shall be 23 18 credited to the milk fund. 23 19 Sec. 38. Section 192.133, Code 1995, is amended to read as 23 20 follows: 23 21 192.133 LICENSE TERM &endash; FEES. 23 22 A license, unless earlier revoked, is valid until July 1 23 23 after the date of its issuance. The maximum fee for a license 23 24 is twenty-five dollars, which shall be paid before the license 23 25 is issued, and standard test bottles and pipettes shall be 23 26 furnished at actual cost. Fees collected under this section 23 27 shall be depositedand used as required in section 192.111in 23 28 the milk fund established in section 192.112. 23 29 Sec. 39. Section 192A.30, Code 1995, is amended to read as 23 30 follows: 23 31 192A.30 PERMIT FEES. 23 32 For the purpose of administering and enforcing this 23 33 chapter, a processor or a person purchasing milk products from 23 34 a processor for wholesale distribution shall obtain a permit, 23 35 as provided by departmental rule, before milk products are 24 1 sold by the person or wholesale purchaser in this state. The 24 2 processor or wholesale purchaser shall pay to the secretary a 24 3 permit fee in an amount set by the secretary, not to exceed 24 4 five mills per hundredweight on milk processed into dairy 24 5 products as defined in section 192A.1, and sold within the 24 6 state of Iowa. However, the permit fee for the sale of ice 24 7 cream or an additive variant of ice cream or nonmilk-fat 24 8 imitation shall not exceed three mills per gallon. Products 24 9 upon which fees have been paid are exempt from further fees in 24 10 successive transactions. The fees for each month thus 24 11 computed shall be paid to the secretary on or before the 24 12 twenty-fifth day of the following month. The fees shall be 24 13 deposited in the milk fund established in section 192.112. 24 14Fees paid to the secretary shall be deposited into the24 15general fund of the state and shall be subject to the24 16requirements of section 8.60.24 17 Sec. 40. Section 194.14, Code 1995, is amended to read as 24 18 follows: 24 19 194.14 LICENSE TERM &endash; FEES. 24 20 A milk grader's license, unless sooner revoked, is valid 24 21 until July 1 after the date of issuance. The maximum fee for 24 22 each license is ten dollars, which shall be paid before the 24 23 license is issued. Fees collected under this section shall be 24 24 depositedand used as required in section 192.111in the milk 24 25 fund established pursuant to section 192.112. 24 26 Sec. 41. Section 194.19, unnumbered paragraph 1, Code 24 27 1995, is amended to read as follows: 24 28 A vehicle used for the collection of milk for manufacture 24 29 of dairy products shall first be licensed by the department. 24 30 A license, unless earlier revoked, is valid until July 1 after 24 31 the date of its issuance. The maximum fee for a license is 24 32 twenty-five dollars, which shall be paid before the license is 24 33 issued. A fee shall not be imposed under this section if the 24 34 vehicle or its operator has paid the fee imposed upon milk 24 35 haulers under section 192.111. Fees collected under this 25 1 section shall be depositedand used as required in section25 2192.111in the milk fund established in section 192.112. This 25 3 section does not apply to individuals transporting their own 25 4 dairy products. 25 5 Sec. 42. Section 194.20, Code 1995, is amended to read as 25 6 follows: 25 7 194.20 INSPECTION FEES &endash; GRADE "B" MILK. 25 8 A purchaser of milk from a grade "B" milk producer shall 25 9 pay an inspection fee not greater than one-half cent per 25 10 hundredweight. The fee is payable monthly to the department 25 11 at a time prescribed by the department. Fees collected under 25 12 this section shall be depositedand used as required in25 13section 192.111in the milk fund established in section 25 14 192.112. 25 15 Sec. 43. Section 195.9, Code 1995, is amended to read as 25 16 follows: 25 17 195.9 LICENSE TERM &endash; FEES. 25 18 A license, unless sooner revoked, is valid until July 1 25 19 after the date of its issuance. The maximum fee for a license 25 20 is twenty-five dollars which shall be paid before the license 25 21 is issued. Fees collected under this section shall be 25 22 depositedand used as required in section 192.111in the milk 25 23 fund established in section 192.112. 25 24 Sec. 44. Section 198.9, subsection 3, Code 1995, is 25 25 amended to read as follows: 25 26 3. Fees collected shall be deposited in thegeneral fund25 27of the state and shall be subject to the requirements of25 28section 8.60commercial feed trust fund established in section 25 29 198.9A.Moneys deposited under this section shall be used for25 30the payment of the costs of inspection, sampling, analysis,25 31supportive research, and other expenses necessary for the25 32administration of this chapter.25 33If there is an unencumbered balance of funds from the fees25 34deposited under this section on June 30 of any fiscal year25 35equal to or exceeding one hundred thousand dollars, the26 1secretary of agriculture shall reduce the per ton fee provided26 2for in subsection 1 for the next fiscal year in such amount as26 3will result in an ending estimated balance of the fees26 4deposited less costs paid for from those fees for June 30 of26 5the next fiscal year of one hundred thousand dollars.26 6The secretary shall publish a report not later than26 7September 1 of each year. The report shall provide a detailed26 8accounting of all sources of revenue deposited under and all26 9dispositions of funds expended under this section. The report26 10shall detail full-time equivalent positions used in fulfilling26 11the requirements of this chapter. The report shall also26 12indicate to what extent any full-time equivalent positions are26 13shared with other programs. Copies of the report issued by26 14the secretary pursuant to this subsection shall be delivered26 15each year to the members of the house of representatives and26 16senate standing committees on agriculture.26 17 Sec. 45. NEW SECTION. 198.9A COMMERCIAL FEED TRUST FUND. 26 18 1. A commercial feed trust fund is established in the 26 19 state treasury under the control of the department. The fund 26 20 shall consist of any moneys appropriated to the fund by the 26 21 general assembly and any other moneys available to and 26 22 obtained or accepted by the department from the federal 26 23 government or private sources for placement in the fund. Fees 26 24 collected under section 198.9 shall be deposited in the fund. 26 25 Moneys deposited in the fund shall be used for the payment of 26 26 the costs of inspection, sampling, analysis, supportive 26 27 research, and other expenses necessary for the administration 26 28 of this chapter. 26 29 2. If there is an unencumbered balance of moneys in the 26 30 fund on June 30 of any fiscal year equal to or exceeding one 26 31 hundred thousand dollars, the secretary of agriculture shall 26 32 reduce the per ton fee provided for in section 198.9, 26 33 subsection 1, for the next fiscal year in such amount as will 26 34 result in an ending estimated balance of the fees deposited 26 35 less costs paid for from those fees for June 30 of the next 27 1 fiscal year of one hundred thousand dollars. 27 2 3. The secretary shall publish a report not later than 27 3 September 1 of each year. The report shall provide a detailed 27 4 accounting of all sources of revenue deposited under and all 27 5 dispositions of moneys deposited in the fund. The report 27 6 shall detail full-time equivalent positions used in fulfilling 27 7 the requirements of this chapter. The report shall also 27 8 indicate to what extent any full-time equivalent positions are 27 9 shared with other programs. Copies of the report issued by 27 10 the secretary pursuant to this subsection shall be delivered 27 11 each year to the members of the standing committees on 27 12 agriculture of the house of representatives and the senate. 27 13 Sec. 46. Section 200.4, subsection 1, Code 1995, is 27 14 amended to read as follows: 27 15 1. Any person who manufactures, mixes, blends, mixes to 27 16 customers order, offers for sale, sells, or distributes any 27 17 fertilizer or soil conditioner in Iowa must first obtain a 27 18 license from the secretary of agriculture and shall pay a ten- 27 19 dollar license fee for each place of manufacture or 27 20 distribution from which fertilizer or soil conditioner 27 21 products are sold or distributed in Iowa.SuchThe license 27 22 fee shall be paid annually on July 1 of each year. The 27 23 license fee shall be deposited in the fertilizer fund 27 24 established in section 200.9. 27 25 Sec. 47. Section 200.8, subsection 3, Code 1995, is 27 26 amended by striking the subsection. 27 27 Sec. 48. Section 200.9, Code 1995, is amended to read as 27 28 follows: 27 29 200.9 FERTILIZERFEESFUND. 27 30 1. A fertilizer fund is established in the state treasury 27 31 under the control of the department of agriculture and land 27 32 stewardship. The fund shall consist of any moneys 27 33 appropriated by the general assembly and any other moneys 27 34 available to and obtained or accepted by the department from 27 35 the federal government or private sources for placement in the 28 1 fund. Fees collected for licenses and inspection fees under 28 2 sections 200.4 and 200.8, with the exception of those fees 28 3 collected for deposit in the agriculture management account of 28 4 the groundwater protection fund, shall be deposited in the 28 5generalfundof the state and shall be subject to the28 6requirements of section 8.60. Fees collected pursuant to 28 7 chapter 201 shall also be deposited in the fund. Moneys 28 8 depositedunder this section tointo thegeneralfund from 28 9 fees collected pursuant to this chapter shall be used only by 28 10 the department for the purpose of inspection, sampling, 28 11 analysis, preparation, and publishing of reports and other 28 12 expenses necessary for administration of this chapter and 28 13 chapter 201. The secretary may assign moneys to the Iowa 28 14 agricultural experiment station for research, work projects, 28 15 and investigations as needed for the specific purpose of 28 16 improving the regulatory functions for enforcement of this 28 17 chapter. 28 18 2. If there is an unencumbered balance of moneys deposited 28 19 in the fund from fees collected pursuant to this chapter on 28 20 June 30 of any fiscal year equal to or exceeding three hundred 28 21 fifty thousand dollars, the secretary of agriculture shall 28 22 reduce the per ton fee provided for in subsection 1 and the 28 23 annual license fee established pursuant to section 201.3 for 28 24 the next fiscal year in such amount as will result in an 28 25 ending estimated balance of such funds for June 30 of the next 28 26 fiscal year of three hundred fifty thousand dollars. 28 27 3. All moneys in the fund are subject to audit by the 28 28 auditor of state. The fund is subject at all times to 28 29 warrants by the director of revenue and finance, drawn upon 28 30 written requisition of the secretary. Notwithstanding section 28 31 8.33, moneys in the fertilizer fund shall remain in the 28 32 fertilizer fund and shall not revert to the general fund of 28 33 the state. Notwithstanding section 12C.7, subsection 2, 28 34 interest or earnings on moneys deposited in the fertilizer 28 35 fund shall be credited to the fertilizer fund. 29 1 Sec. 49. Section 201.13, Code 1995, is amended to read as 29 2 follows: 29 3 201.13 MONEYS TOGENERALTHE FERTILIZER FUND &endash; PERIODIC 29 4 REPORT. 29 5 The moneys received under this chapter shall be deposited 29 6 in thegeneral fund of the state and shall be subject to the29 7requirements of section 8.60. Moneys deposited under this29 8section shall be used by the department of agriculture and29 9land stewardship only for the purpose of inspection, sampling,29 10analyzing, preparing and publishing of reports, and other29 11expenses necessary for the administration of this chapter29 12 fertilizer fund as provided in section 200.9. The secretary 29 13 shall issue an annual report showing a statement of moneys 29 14 received from license and testing fees, and a biennial report 29 15 which shall be made available to the public showing the 29 16 certifications of the effective calcium carbonate equivalent 29 17 for all agricultural lime, limestone, or aglime certified as 29 18 provided in this chapter. The report shall list the 29 19 manufacturers and producers and their locations. Copies of 29 20 all reports issued by the secretary pursuant to this section 29 21 shall be sent to the members of the house of representatives 29 22 and senate standing committees on agriculture. 29 23 Sec. 50. Section 206.12, subsection 3, Code 1995, is 29 24 amended to read as follows: 29 25 3. The registrant, before selling or offering for sale any 29 26 pesticide for use in this state, shall register each brand and 29 27 grade of such pesticide with the secretary upon forms 29 28 furnished by the secretary, and the secretary shall set the 29 29 registration fee annually at one-fifth of one percent of gross 29 30 sales within this state with a minimum fee of two hundred 29 31 fifty dollars and a maximum fee of three thousand dollars for 29 32 each and every brand and grade to be offered for sale in this 29 33 state except as otherwise provided. The annual registration 29 34 fee for products with gross annual sales in this state of less 29 35 than one million five hundred thousand dollars shall be the 30 1 greater of two hundred fifty dollars or one-fifth of one 30 2 percent of the gross annual sales as established by affidavit 30 3 of the registrant. The secretary shall adopt by rule 30 4 exemptions to the minimum fee. Fifty dollars of each fee 30 5 collected shall be deposited in thegeneral fund of the state,30 6shall be subject to the requirements of section 8.60, and30 7shall be used only for the purpose of enforcing the provisions30 8of this chapterpesticide fund established in section 206.12A, 30 9 and the remainder of each fee collected shall be placed in the 30 10 agriculture management account of the groundwater protection 30 11 fund. 30 12 Sec. 51. NEW SECTION. 206.12A PESTICIDE FUND. 30 13 1. A pesticide fund is established in the state treasury 30 14 under the control of the department. The fund shall consist 30 15 of any moneys appropriated to the fund by the general assembly 30 16 and any other moneys available to and obtained or accepted by 30 17 the department from the federal government or private sources 30 18 for placement in the fund. Fees collected under section 30 19 206.12 shall be deposited in the fund. The moneys in the fund 30 20 shall be used only for the purpose of enforcing the provisions 30 21 of this chapter. 30 22 2. All moneys in the pesticide fund are subject to audit 30 23 by the auditor of state. The fund is subject at all times to 30 24 warrants by the director of revenue and finance, drawn upon 30 25 written requisition of the secretary. Notwithstanding section 30 26 8.33, moneys in the pesticide fund shall remain in the fund 30 27 and shall not revert to the general fund of the state. 30 28 Notwithstanding section 12C.7, subsection 2, interest or 30 29 earnings on moneys deposited in the pesticide fund shall be 30 30 credited to the pesticide fund. 30 31 Sec. 52. Section 452A.79, unnumbered paragraph 2, and 30 32 subsections 1, 2, 3, 4, and 5, Code 1995, are amended to read 30 33 as follows: 30 34 All moneys derived from the excise tax on the sale of motor 30 35 fuel used in watercraft shall be deposited in thegeneral31 1 marine fuel tax fundof the stateestablished in section 31 2 452A.83.Moneys deposited to the general fund under this31 3section and section 452A.84 are subject to the requirements of31 4section 8.60 and are subject to appropriation by the general31 5assembly to the department of natural resources for use in its31 6recreational boating program, which may include but is not31 7limited to:31 81. Dredging and renovation of natural lakes of this state.31 92. Acquisition, development and maintenance of access to31 10public boating waters.31 113. Development and maintenance of boating facilities and31 12navigation aids.31 134. Administration, operation, and maintenance of31 14recreational boating activities of the department of natural31 15resources.31 165. Acquisition, development and maintenance of recreation31 17facilities associated with recreational boating.31 18 Sec. 53. NEW SECTION. 452A.83 MARINE FUEL TAX FUND. 31 19 1. A marine fuel tax fund is established in the state 31 20 treasury under the control of the department. The fund shall 31 21 consist of any moneys appropriated to the fund by the general 31 22 assembly and any other moneys available to and obtained or 31 23 accepted by the department from the federal government or 31 24 private sources for placement in the fund. Moneys collected 31 25 pursuant to section 452A.79 shall be deposited in the fund. 31 26 Moneys collected pursuant to this chapter from the motor fuel 31 27 tax fund shall be transferred to the fund as provided in 31 28 section 452A.84. 31 29 2. Moneys deposited or transferred into the fund are sub- 31 30 ject to appropriation by the general assembly to the 31 31 department of natural resources for its recreational boating 31 32 program which may include, but is not limited to: 31 33 a. Dredging and renovation of natural lakes of this state. 31 34 b. Acquisition, development, and maintenance of access to 31 35 public boating waters. 32 1 c. Development and maintenance of boating facilities and 32 2 navigation aids. 32 3 d. Administration, operation, and maintenance of 32 4 recreational boating activities of the department of natural 32 5 resources. 32 6 e. Acquisition, development, and maintenance of recreation 32 7 facilities associated with recreational boating. 32 8 3. All moneys in the marine fuel tax fund are subject to 32 9 audit by the auditor of state. The fund is subject at all 32 10 times to warrants by the director of revenue and finance, 32 11 drawn upon written requisition of the department. 32 12 Notwithstanding section 8.33, moneys in the marine fuel tax 32 13 fund shall remain in the fund and shall not revert to the 32 14 general fund of the state. Notwithstanding section 12C.7, 32 15 subsection 2, interest or earnings on moneys deposited in the 32 16 marine fuel tax fund shall be credited to the marine fuel tax 32 17 fund. 32 18 Sec. 54. Section 452A.84, Code 1995, is amended to read as 32 19 follows: 32 20 452A.84 TRANSFER TOSTATE GENERALMARINE FUEL TAX FUND. 32 21 The treasurer of state shall transfer from the motor fuel 32 22 tax fund to thegeneralmarine fuel tax fundof the state32 23 established pursuant to section 452A.83, that portion of 32 24 moneys collected under this chapter attributable to motor fuel 32 25 used in watercraft computed as follows: 32 26 1. Determine monthly the total amount of motor fuel tax 32 27 collected under this chapter and multiply the amount by nine- 32 28 tenths of one percent. 32 29 2. Subtract from the figure computed pursuant to 32 30 subsection 1 of this section three percent of the figure for 32 31 administrative costs and further subtract from the figure the 32 32 amounts refunded to commercial fishers pursuant to section 32 33 452A.17, subsection 13. All moneys remaining after claims for 32 34 refund and the cost of administration have been made shall be 32 35 transferred to thegeneralmarine fuel tax fundof the state. 33 1 Sec. 55. Section 455B.183A, subsection 2, paragraph b, 33 2 Code 1995, is amended to read as follows: 33 3 b. The operation of a public water supply system, 33 4 including any part of the system.The fees may be based on33 5the type and size of community served by the system.The 33 6 commission shall adopt a fee schedule which shall be based on 33 7 the total number of persons served by public water supply 33 8 systems in this state. The commission shall calculate all 33 9 fees in the schedule to produce total revenues equaling four 33 10 hundred seventy-five thousand dollars for the fiscal year 33 11 beginning July 1, 1994, and ending June 30, 1995, seven 33 12 hundred thousand dollars for the fiscal year beginning July 1, 33 13 1995, and ending June 30, 1996, nine hundred thousand dollars 33 14 for the fiscal year beginning July 1, 1996, and ending June 33 15 30, 1997, and one million two hundred thousand dollars for 33 16 each subsequent fiscal year. For the fiscal year beginning 33 17 July 1, 1994, and ending June 30, 1995, twenty-five thousand 33 18 dollars shall be deposited in the administration account and 33 19 four hundred fifty thousand dollars shall be deposited in the 33 20 public water supply system account. For each subsequent 33 21 fiscal year, one-half of the fees shall be deposited into the 33 22 administration account and one-half of the fees shall be 33 23 deposited into the public water supply system account. By May 33 24 1 of each year, the department shall estimate the total 33 25 revenue expected to be collected from the overpayment of fees, 33 26 which are all fees in excess of the amount of the total 33 27 revenues which are expected to be collected under the current 33 28 fee schedule, and the total revenue expected to be collected 33 29 from the payment of fees during the next fiscal year. The 33 30 commission shall adjust the fees if the estimate exceeds the 33 31 amount of revenue required to be deposited in the fund 33 32 pursuant to this paragraph. 33 33 Sec. 56. Section 455E.11, subsection 2, paragraph a, 33 34 subparagraph (12), subparagraph subdivision (c), Code 1995, is 33 35 amended to read as follows: 34 1 (c) Twelve and one-half cents per ton per year is 34 2 appropriated to the department of natural resources to provide 34 3 additional toxic cleanup days and for the natural resource 34 4 geographic information system required under section 455E.8, 34 5 subsection 6. Departmental rules adopted for implementation 34 6 of toxic cleanup days shall provide sufficient flexibility to 34 7 respond to the household hazardous material collection needs 34 8 of both small and large communities. 34 9 Sec. 57. EFFECTIVE DATES. 34 10 1. Sections 14, 17, 19, and 26 of this Act, being deemed 34 11 of immediate importance, take effect upon enactment. 34 12 2. The amendments in this Act to 1993 Iowa Acts, chapter 34 13 176, section 25, subsection 2, as amended by 1994 Iowa Acts, 34 14 chapter 1198, section 31, being deemed of immediate 34 15 importance, take effect upon enactment. 34 16 3. The amendments in this Act to 1994 Iowa Acts, chapter 34 17 1119, section 32, being deemed of immediate importance, take 34 18 effect upon enactment. 34 19 4. The amendments in this Act to section 455B.183A, being 34 20 deemed of immediate importance, take effect upon enactment. 34 21 5. Sections 8.60, 192.111, 192.112, 192.133, 192A.30, 34 22 194.14, 194.19, 194.20, 195.9, 198.9, 198.9A, 200.4, 200.8, 34 23 200.9, 201.13, 206.12, 206.12A, 452A.79, 452A.83, and 452A.84, 34 24 Code 1995, as amended or enacted by this Act take effect July 34 25 1, 1996. 34 26 6. This section, being deemed of immediate importance, 34 27 takes effect upon enactment. 34 28 EXPLANATION 34 29 This bill relates to agriculture and natural resources, by 34 30 providing appropriations to support related entities, 34 31 including the department of agriculture and land stewardship 34 32 and the department of natural resources. The bill also makes 34 33 a number of statutory changes to provisions relating to 34 34 agriculture and natural resources. 34 35 Section 1 provides a general appropriation from the general 35 1 fund to the department of agriculture and land stewardship, 35 2 including the administrative division, the regulatory 35 3 division, the laboratory division, and the soil conservation 35 4 division. 35 5 Section 2 provides an appropriation from the general fund 35 6 to support the farmers' market coupon program, by providing 35 7 federal special supplemental food program recipients with 35 8 coupons redeemable at farmers' markets. 35 9 Section 3 provides an appropriation from the general fund 35 10 to support a program administered by the department of 35 11 agriculture and land stewardship to eradicate a disease 35 12 threatening swine production, in accordance with chapter 166D. 35 13 Section 4 provides an appropriation from unclaimed winnings 35 14 at horse and dog tracks to the regulatory division of the 35 15 department of agriculture and land stewardship to support the 35 16 inspection of Iowa-foaled horses and Iowa-whelped dogs and the 35 17 administration of a program to promote the horse and dog 35 18 breeding industries in the state. 35 19 Section 5 provides an appropriation from the general fund 35 20 to the interstate agricultural grain marketing commission for 35 21 carrying out the duties of the commission as provided in the 35 22 interstate compact of agricultural grain marketing codified in 35 23 chapter 183, including the correction of weaknesses and 35 24 solutions to problems in the present system of agricultural 35 25 grain marketing or the development of alternatives. 35 26 Section 6 provides an appropriation from the general fund 35 27 to the department of natural resources to support 35 28 administrative and support services, the parks and preserves 35 29 division, the forests and forestry division, the energy and 35 30 geological resources division, the environmental protection 35 31 division, and the water quality protection fund. The bill 35 32 provides full-time equivalent position limits on the 35 33 department's various divisions, including the fish and 35 34 wildlife division and the waste management assistance 35 35 division. 36 1 Section 7 provides an appropriation from the state fish and 36 2 game protection fund to support the division of fish and 36 3 wildlife within the department of natural resources. The 36 4 department is prohibited from expending more moneys than 36 5 provided from the fund, unless the expenditure derives from a 36 6 contribution made from a nonstate source and is approved by 36 7 the natural resource commission. 36 8 Section 8 provides an appropriation from the marine fuel 36 9 tax receipts deposited in the general fund of the state to the 36 10 department of natural resources for the purposes of supporting 36 11 expenditures traditionally funded from marine fuel tax 36 12 revenues, other than capital or operations, and for purposes 36 13 of maintaining and developing boating facilities. 36 14 Section 9 provides for the transfer of fees from all- 36 15 terrain vehicle and snowmobile fees deposited in a special 36 16 conservation fund. The moneys are appropriated to the 36 17 department of natural resources for snowmobile programs of the 36 18 state, as provided in section 321G.7. 36 19 Section 10 provides for the transfer of registration fees 36 20 paid on vessels to be deposited in a special conservation 36 21 fund. The moneys are appropriated to the department of 36 22 natural resources for purposes of the administration and 36 23 enforcement of navigation laws and water safety. 36 24 Section 11 provides that notwithstanding section 455A.18 36 25 which provides a standing appropriation of $30,000,000 from 36 26 the general fund required to be deposited in the Iowa 36 27 resources enhancement and protection fund, there is 36 28 appropriated from the general fund of the state $8,000,000 to 36 29 support the resources enhancement and protection fund. 36 30 Section 12 provides an appropriation from the general fund 36 31 to support Iowa state university for purposes of administering 36 32 a livestock producers assistance program, in order to provide 36 33 on-site assistance to persons involved in livestock production 36 34 in order to increase the efficiency, productivity, and 36 35 profitability of their operations. 37 1 Section 13 provides an appropriation from the general fund 37 2 to the department of agriculture and land stewardship for 37 3 deposit in the organic nutrient management fund for 37 4 administration of the organic nutrient management program by 37 5 the division of soil conservation. The program provides 37 6 financial incentives to establish livestock manure management 37 7 systems to facilitate the proper utilization of livestock 37 8 manure as a nutrient source, and to protect the water 37 9 resources of the state from livestock manure runoff. 37 10 Section 14 provides for the transfer of moneys from 37 11 accounts of the water protection fund, supported by 37 12 allocations made from the resources enhancement and protection 37 13 fund, to the organic nutrient management fund for purposes of 37 14 carrying out the organic nutrient management program, and to 37 15 provide financial incentives for soil conservation practices. 37 16 Section 15 provides for an appropriation from the 37 17 unassigned revenue fund administered by the Iowa comprehensive 37 18 underground storage tank fund board to the department of 37 19 natural resources for purposes of administering the 37 20 department's underground storage tank section. 37 21 Section 16 provides that the department of natural 37 22 resources may transfer an amount from the hazardous substance 37 23 remedial fund to support purposes related to carrying out and 37 24 enforcing air quality regulations under chapter 455B. 37 25 Section 17 provides that unencumbered and unobligated 37 26 moneys previously appropriated to the department of 37 27 agriculture and land stewardship for purposes of planting and 37 28 maintaining wind erosion control barriers must be transferred 37 29 to the road use tax fund. 37 30 Section 18 provides that notwithstanding section 17A.2, the 37 31 department of natural resources must adopt administrative 37 32 rules establishing prices of plant materials grown at state 37 33 nurseries to cover the expenses related to growing the plants. 37 34 Section 19 provides that the department of natural 37 35 resources must, in cooperation with the loess hills 38 1 development and conservation authority, sponsor a conference 38 2 regarding the erosion and degradation of stream channels in 38 3 counties in the deep loess region of western Iowa, and 38 4 specifically the area referred to as hungry canyons. 38 5 Section 20 requires that the department of agriculture and 38 6 land stewardship and the department of natural resources 38 7 notify the chairpersons, vice chairpersons, and ranking 38 8 members of the joint subcommittee on agriculture and natural 38 9 resources for the previous fiscal quarter of any transfer of 38 10 moneys or full-time equivalent positions made by either 38 11 department which is not authorized in the bill. 38 12 Section 21 requires the department of revenue and finance 38 13 in cooperation with each appropriate agency to track receipts 38 14 to the general fund which under law were previously collected 38 15 to be used for a specific purpose or required to be deposited 38 16 to a specific account or fund. 38 17 Section 22 requires the department of agriculture and land 38 18 stewardship and the department of natural resources to provide 38 19 financial information to the legislative fiscal bureau, 38 20 including all permanent positions added to or deleted from the 38 21 departments' table of organization. 38 22 Section 23 directs the Code editor to update Iowa Code 38 23 references to conform with current names used by the federal 38 24 government. 38 25 Section 24 provides that when employing persons to fill 38 26 temporary positions in conservation and outdoor recreation, 38 27 the department of natural resources must give preference to 38 28 persons meeting eligibility requirements for the green thumb 38 29 program and to persons working toward an advanced education in 38 30 natural resources and conservation. The purpose of the 38 31 program as provided in section 15.225 is to encourage and 38 32 promote meaningful and respectable employment of the elderly 38 33 in conservation and outdoor recreation-related fields. 38 34 Section 25 requires the department of agriculture and land 38 35 stewardship and the attorney general to cooperate in bringing 39 1 a legal action against parties liable for damages caused by 39 2 the shipment from Michigan of trees and plants infested with 39 3 gypsy moths. 39 4 Section 26 provides that unobligated or unencumbered moneys 39 5 which were appropriated in the 1994 legislative session to the 39 6 division of soil conservation of the department of agriculture 39 7 and land stewardship for purposes of supporting soil 39 8 conservation technicians shall not revert but be used to 39 9 purchase equipment for soil conservation field offices. 39 10 Section 27 provides that the department of natural 39 11 resources is prohibited from using moneys appropriated from 39 12 the general fund to support purposes related to the 39 13 administration and enforcement of air quality regulations as 39 14 provided in chapter 455B. The section also provides that the 39 15 department may use moneys collected in regulatory fees and 39 16 deposited in the air contaminant source fund established in 39 17 section 455B.133B for purposes of the administration and 39 18 enforcement of the regulations. 39 19 Section 28 requires the environmental protection commission 39 20 to adopt rules for purposes of establishing criteria for the 39 21 classification and prioritization of sites upon which 39 22 pesticides or fertilizer contamination has been discovered 39 23 pursuant to section 455B.601. Section 455B.601 provides 39 24 requirements for the development of plans and remediation of 39 25 contaminated sites. 39 26 Section 29 requires the joint appropriations subcommittee 39 27 on agriculture and natural resources to conduct a study of the 39 28 functions and duties of the position. 39 29 Section 30 provides that moneys appropriated to support 39 30 lake preservation efforts at Black Hawk lake shall remain 39 31 available to support the efforts for the following fiscal 39 32 year. 39 33 Sections 31 through 33 amend provisions in a 1994 Act which 39 34 in part provided support to the renewable fuel industry, by 39 35 allocating moneys from the use tax to support value-added 40 1 agricultural products and processes. Part of the 1994 Act 40 2 provided that a percentage of moneys that would otherwise be 40 3 allocated to the value-added agricultural products and 40 4 processes financial assistance fund would be allocated for one 40 5 fiscal year to the state department of transportation for 40 6 purposes of conducting soydiesel demonstration projects. The 40 7 department was required to submit reports regarding findings 40 8 and recommendations to the department of agriculture and land 40 9 stewardship. These sections are amended to provide that the 40 10 same percentage shall be allocated for the fiscal year 40 11 beginning on July 1, 1995, for the same purposes, and to 40 12 provide that a final report must be delivered by October 1, 40 13 1996. 40 14 Sections 34 through 55 reestablish a number of trust funds 40 15 which were abolished in 1993 and 1994, including the milk 40 16 fund, dairy trade practices fund, commercial feed fund, 40 17 fertilizer fund, pesticide fund, and the marine fuel tax fund. 40 18 Section 34 amends section 8.60 which provides that moneys 40 19 credited to or deposited in the general fund on or after July 40 20 1, 1993, which under law were previously collected for a 40 21 specified use or deposited in special accounts or funds, must 40 22 be used only for the purposes for which the moneys were 40 23 collected. The bill eliminates reference to those funds which 40 24 the bill reestablishes. 40 25 Section 35 amends section 161C.4 which establishes a water 40 26 protection fund created within the soil conservation division 40 27 of the department of agriculture and land stewardship. The 40 28 fund is composed of two accounts, including the water quality 40 29 protection account and the water protection practices account. 40 30 The accounts are supported by moneys deposited in the 40 31 resources enhancement and protection fund. However, that fund 40 32 refers to depositing moneys into the water quality protection 40 33 projects account. The bill renames the account as described 40 34 in the fund to correspond to the name of the account referred 40 35 to in the section providing for the water resources 41 1 enhancement and protection fund. 41 2 Sections 36 through 43 reestablish the milk fund in chapter 41 3 192, and provide conforming changes. Prior to 1993, section 41 4 192.111 provided that fees imposed pursuant to various 41 5 sections and chapters would be deposited into a milk fund. 41 6 The provisions establishing the fund were contained in the 41 7 same section establishing inspection fees, providing for the 41 8 expenditure of moneys in the fund, and for the reduction of 41 9 fees by the department if moneys in the fund reached a certain 41 10 level. Section 36 of the bill eliminates reference to the 41 11 general fund and procedures required for collected moneys. 41 12 Section 37 creates new section 192.112 which provides for the 41 13 reestablishment of the fund, rewrites the procedural 41 14 requirements formerly contained in section 192.111, and 41 15 includes language common to funds established in other places 41 16 in the Code, including that moneys in the fund are subject to 41 17 audit by the auditor of state, that the fund is subject to 41 18 warranties by the director of revenue and finance drawn upon 41 19 written requisition of the department responsible for 41 20 administering the fund, that moneys in the fund shall remain 41 21 in the fund and shall not revert pursuant to section 8.33, and 41 22 that interest or earnings on moneys deposited in the fund must 41 23 be credited to the fund. Sections 38 through 43 amend various 41 24 sections, including 192.133, 192A.30, 194.14, 194.19, 194.20, 41 25 and 195.9, all referring to the use of fees collected pursuant 41 26 to those sections. The sections provide that fees collected 41 27 pursuant to those sections must be used as provided in section 41 28 192.111, which used to provide for the establishment of the 41 29 milk fund but under current law requires that the fees be 41 30 deposited in the general fund of the state. The bill amends 41 31 those sections to provide that the fees are to be deposited in 41 32 the milk fund as provided in new section 192.112. 41 33 Sections 44 and 45 reestablish the commercial feed trust 41 34 fund. Prior to 1993, section 198.9 provided that fees imposed 41 35 pursuant to the section would be deposited into a commercial 42 1 feed fund. The provisions establishing the fund were 42 2 contained in the same section establishing fees, providing for 42 3 the expenditure of moneys in the fund, the reduction of fees 42 4 by the department if moneys in the fund reached a certain 42 5 level, and reports regarding the fund to the general assembly. 42 6 Section 44 amends section 198.9 by eliminating reference to 42 7 the general fund and procedures required for collected moneys. 42 8 Section 45 creates new section 198.9A which provides for the 42 9 establishment of the fund, rewrites the procedural 42 10 requirements formerly contained in section 198.9, and includes 42 11 language common to funds established in other places in the 42 12 Code, including that moneys in the fund are subject to audit 42 13 by the auditor of state, that the fund is subject to 42 14 warranties by the director of revenue and finance drawn upon 42 15 written requisition of the department responsible for 42 16 administering the fund, that moneys in the fund shall remain 42 17 in the fund and shall not revert pursuant to section 8.33, and 42 18 that interest or earnings on moneys deposited in the fund must 42 19 be credited to the fund. 42 20 Sections 46 through 49 reestablish the fertilizer fund in 42 21 chapter 200, and provide conforming changes. Prior to 1993, 42 22 section 200.8 provided that fees imposed pursuant to various 42 23 sections in chapters 200 (regulating fertilizers and soil 42 24 conditioners) and 201 (regulating agricultural lime) would be 42 25 deposited into a fertilizer fund. Provisions establishing the 42 26 inspection fees also provided for the expenditure of moneys in 42 27 the fund, and for the reduction of fees by the department if 42 28 moneys in the fund reached a certain level. Section 46 42 29 provides that a licensee fee required under the chapter must 42 30 be deposited in the fertilizer fund. Section 47 of the bill 42 31 eliminates reference to the procedures required for collected 42 32 moneys under section 200.8. Section 48 amends section 200.9 42 33 which provides for the uses of moneys collected under the 42 34 chapter. The bill amends the section to formally establish 42 35 the fund, rewrites the procedural requirements formerly 43 1 contained in section 200.8, and include language common to 43 2 funds established in other places in the Code, including that 43 3 moneys in the fund are subject to audit by the auditor of 43 4 state, that the fund is subject to warrants by the director of 43 5 revenue and finance drawn upon written requisition of the 43 6 department responsible for administering the fund, that moneys 43 7 in the fund shall remain in the fund and shall not revert 43 8 pursuant to section 8.33, and that interest or earnings on 43 9 moneys deposited in the fund must be credited to the fund. 43 10 Section 49 amends section 201.13, by providing that moneys 43 11 collected under the chapter must be deposited in the 43 12 fertilizer fund instead of the general fund and by eliminating 43 13 a provision that moneys deposited pursuant to the chapter must 43 14 be used for purposes related to the administration of the 43 15 chapter, and provides that the moneys must be deposited into 43 16 the fertilizer fund. Section 48 amends section 200.9 to 43 17 provide that fees collected pursuant to chapters 200 and 201 43 18 must be used for the administration of the chapter and chapter 43 19 201. 43 20 Sections 50 and 51 reestablish the pesticide fund in 43 21 chapter 206. Prior to 1993, section 206.12A provided that 43 22 fees imposed pursuant to the section would be deposited into a 43 23 pesticide fund. In prior law, no provision formally 43 24 established the fund. Section 50 of the bill provides that 43 25 the fees must be deposited into a fund as created in a new 43 26 section. Section 51 creates new section 206.12A which 43 27 provides for the establishment of the fund, provides that 43 28 moneys in the fund must only be used for purposes of enforcing 43 29 the provisions of chapter 206, and includes language common to 43 30 funds established in other places in the Code, including that 43 31 moneys in the fund are subject to audit by the auditor of 43 32 state, that the fund is subject to warrants by the director of 43 33 revenue and finance drawn upon written requisition of the 43 34 department responsible for administering the fund, that moneys 43 35 in the fund shall remain in the fund and shall not revert 44 1 pursuant to section 8.33, and that interest or earnings on 44 2 moneys deposited in the fund must be credited to the fund. 44 3 Sections 52 through 54 reestablish the marine fuel tax 44 4 fund. Prior to 1993, section 452A.79 provided for the deposit 44 5 of tax moneys derived from the sale of motor fuel used in 44 6 watercraft. The provisions establishing the fund and its uses 44 7 were contained in the same section. Section 52 amends section 44 8 452A.79 by eliminating reference to the general fund and 44 9 procedures required for collected moneys. It provides for the 44 10 deposit of moneys into the marine fuel tax fund as created in 44 11 the bill. Section 53 creates new section 452A.83 which 44 12 provides for the establishment of the fund, rewrites the use 44 13 requirements formerly contained in section 452A.79, and 44 14 includes language common to funds established in other places 44 15 in the Code, including that moneys in the fund are subject to 44 16 audit by the auditor of state, that the fund is subject to 44 17 warrants by the director of revenue and finance drawn upon 44 18 written requisition of the department responsible for 44 19 administering the fund, that moneys in the fund shall remain 44 20 in the fund and shall not revert pursuant to section 8.33, and 44 21 that interest or earnings on moneys deposited in the fund must 44 22 be credited to the fund. Section 54 amends section 452A.84 44 23 which provides for the transfer of marine fuel tax receipts to 44 24 the general fund, by providing that the moneys must be 44 25 deposited in the marine fuel tax fund. 44 26 Section 55 amends section 455B.183, which was created in 44 27 the 1994 legislative session. Section 455B.183 provides for 44 28 fees imposed upon public water supply systems to be deposited 44 29 into a water quality protection fund which shall be used by 44 30 the department of natural resources for purposes of carrying 44 31 out the provisions relating to the administration, regulation, 44 32 and enforcement of the federal Safe Drinking Water Act, and 44 33 carrying out a program to assist water supply systems. 44 34 Section 455B.183A authorizes the department of natural 44 35 resources to adopt a schedule of fees which may be based on 45 1 the type and size of the community served by the system. The 45 2 bill eliminates that language and provides that the fee 45 3 schedule must be based on the number of persons served by 45 4 public water supply systems. 45 5 Section 56 amends section 455E.11 which provides for the 45 6 allocation of moneys from the groundwater protection fund. 45 7 The bill provides that moneys required to support toxic 45 8 cleanup days may be used to support the natural resources 45 9 geographic information system. 45 10 Section 57 provides for effective dates. Sections 45 11 providing the transfer of moneys from the water protection 45 12 fund and the wind erosion control fund, the hungry canyons 45 13 conference, and the use of unobligated moneys by the 45 14 department of agriculture and land stewardship to purchase 45 15 soil conservation equipment, and fees required to be 45 16 established for public water supply systems, take effect upon 45 17 enactment. Sections regarding the reestablishment of trust 45 18 funds take effect July 1, 1996. 45 19 LSB 1992SV 76 45 20 da/sc/14
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