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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 $2,500 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 the Iowa state university for 3 8 purposes of supporting multiflora rose in 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 BOARD &endash; TRANSFER. There is 12 28 appropriated from the unassigned revenue fund administered by 12 29 the Iowa comprehensive underground storage tank board, to the 12 30 department of natural resources for the fiscal year beginning 12 31 July 1, 1995, and ending June 30, 1996, the following amount, 12 32 or so much thereof as is necessary, to be used for the purpose 12 33 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, members of the 14 22 Iowa general assembly who represent affected legislative 14 23 districts, and representatives of the United States army corps 14 24 of engineers, the United States environmental protection 14 25 agency, the United States department of interior, and the 14 26 natural resources conservation service of the United States 14 27 department of agriculture. 14 28 3. The department of natural resources shall report to the 14 29 general assembly not later than January 15, 1995, regarding 14 30 findings and recommendations of the conferees. 14 31 Sec. 20. TRANSFER OF MONEYS OR POSITIONS; CHANGES IN 14 32 TABLES OF ORGANIZATION &endash; NOTIFICATION. Each fiscal quarter 14 33 of the fiscal year beginning July 1, 1995, the department of 14 34 agriculture and land stewardship and the department of natural 14 35 resources shall notify the chairpersons, vice chairpersons, 15 1 and ranking members of the joint appropriations subcommittee 15 2 on agriculture and natural resources for the previous fiscal 15 3 quarter of any transfer of moneys or full-time equivalent 15 4 positions made by either department which is not authorized in 15 5 this Act, or any permanent position added to or deleted from 15 6 either department's table of organization. 15 7 Sec. 21. TRUST FUND INFORMATION. For the fiscal year 15 8 beginning July 1, 1995, and ending June 30, 1996, the 15 9 department of revenue and finance in cooperation with each 15 10 appropriate agency shall track receipts to the general fund of 15 11 the state which under law were previously collected to be used 15 12 for specific purposes, or to be credited to, or be deposited 15 13 to a particular account or fund, as provided in section 8.60. 15 14 The department of revenue and finance and each appropriate 15 15 agency shall prepare reports detailing revenue from receipts 15 16 previously deposited into each of the funds. A report shall 15 17 be submitted to the legislative fiscal bureau at least once 15 18 for each three-month period as designated by the legislative 15 19 fiscal bureau. 15 20 Sec. 22. DEPARTMENTAL INFORMATION REQUIRED. 15 21 1. For the fiscal year beginning July 1, 1995, and ending 15 22 June 30, 1996, the department of agriculture and land 15 23 stewardship and the department of natural resources, in 15 24 cooperation as necessary with the department of management and 15 25 the department of personnel, shall provide a list to the 15 26 legislative fiscal bureau, on a quarterly basis, of all 15 27 permanent positions added to or deleted from the departments' 15 28 table of organization in the previous fiscal quarter. This 15 29 list shall include at least the position number, salary range, 15 30 projected funding source or sources of each position, and the 15 31 reason for the addition or deletion. The legislative fiscal 15 32 bureau may use this information to assist in the establishment 15 33 of the full-time equivalent position limits authorized in law 15 34 for the departments. 15 35 2. For the fiscal year beginning July 1, 1995, and ending 16 1 June 30, 1996, the department of natural resources shall 16 2 provide the legislative fiscal bureau information and 16 3 financial data by cost center, on at least a monthly basis, 16 4 relating to the indirect cost accounting procedure, the amount 16 5 of funding from each funding source for each cost center, and 16 6 the internal budget system used by the department. The 16 7 information shall include but is not limited to financial data 16 8 covering the department's budget by cost center and funding 16 9 source prior to the start of the fiscal year, and to the 16 10 department's actual expenditures by cost center and funding 16 11 source after the accounting system has been closed for that 16 12 fiscal year. 16 13 3. For the fiscal year beginning July 1, 1995, and ending 16 14 June 30, 1996, the department of agriculture and land 16 15 stewardship shall provide the legislative fiscal bureau 16 16 information and financial data on at least a monthly basis, 16 17 relating to the internal budget system used by the department. 16 18 The information shall include but is not limited to financial 16 19 data covering the department's budget prior to the start of 16 20 the fiscal year, and to the department's actual expenditures 16 21 after the accounting system has been closed for that fiscal 16 22 year. 16 23 Sec. 23. PREFERENCE PROVIDED &endash; PERSONS MEETING 16 24 ELIGIBILITY REQUIREMENTS OF THE GREEN THUMB PROGRAM. In its 16 25 employment of persons in temporary positions in conservation 16 26 and outdoor recreation for the fiscal year beginning July 1, 16 27 1995, and ending June 30, 1996, the department of natural 16 28 resources shall give preference to persons meeting eligibility 16 29 requirements for the green thumb program and to persons 16 30 working toward an advanced education in natural resources and 16 31 conservation. 16 32 Sec. 24. GYPSY MOTH LITIGATION. The department of 16 33 agriculture and land stewardship and the office of the 16 34 attorney general shall cooperate in bringing legal action 16 35 against parties liable for damages caused by the shipment from 17 1 the state of Michigan of trees or other plants infested with 17 2 gypsy moths. 17 3 Sec. 25. SOIL CONSERVATION DIVISION &endash; USE OF UNOBLIGATED 17 4 MONEYS FOR THE PURCHASE OF EQUIPMENT. Notwithstanding section 17 5 8.33, or 1994 Iowa Acts, chapter 1199, section 8, subsection 17 6 17, and section 88, the moneys appropriated to the soil 17 7 conservation division of the department of agriculture and 17 8 land stewardship pursuant to chapter 1199, section 8, 17 9 subsection 17, and section 88, which are not obligated or 17 10 encumbered on June 30, 1995, for purposes of supporting soil 17 11 conservation technicians, shall not revert to the general fund 17 12 of the state but shall be used by the division of soil 17 13 conservation for the fiscal year beginning July 1, 1995, and 17 14 ending June 30, 1996, for purposes of purchasing equipment for 17 15 soil conservation field offices. 17 16 Sec. 26. AIR QUALITY PROGRAM &endash; NONGENERAL FUND SUPPORT. 17 17 The department of natural resources for the fiscal year 17 18 beginning July 1, 1995, and ending June 30, 1996, shall not 17 19 use moneys appropriated from the general fund of the state 17 20 pursuant to this Act, to support any purpose related to 17 21 carrying out the duties of the commission under section 17 22 455B.133 or the director under section 455B.134, or for 17 23 carrying out the provisions of chapter 455B, division II. 17 24 Notwithstanding section 455B.133B, the department may use 17 25 moneys deposited in the air contaminant source fund created in 17 26 section 455B.133B during the fiscal year beginning July 1, 17 27 1995, and ending June 30, 1996, for any purpose related to 17 28 carrying out the duties of the commission under section 17 29 455B.133 or the director under section 455B.134, or for 17 30 carrying out the provisions of chapter 455B, division II. 17 31 Sec. 27. RULES RELATING TO PESTICIDE AND FERTILIZER 17 32 CONTAMINATED SITES &endash; ENVIRONMENTAL PROTECTION COMMISSION. 17 33 The environmental protection commission shall adopt all rules 17 34 required to establish criteria for the classification and 17 35 prioritization of sites upon which pesticide or fertilizer 18 1 contamination has been discovered, as provided in section 18 2 455B.601 not later than January 1, 1996. 18 3 Sec. 28. TERMINATION OF DEPUTY SECRETARY OF AGRICULTURE. 18 4 The department of agriculture and land stewardship shall not 18 5 support the position of deputy secretary of agriculture, and 18 6 shall distribute the functions of the deputy secretary to 18 7 other positions within the department. 18 8 Sec. 29. DEPUTY SECRETARY OF AGRICULTURE &endash; STUDY. The 18 9 joint appropriations subcommittee on agriculture and natural 18 10 resources shall conduct a study of the functions and duties of 18 11 the deputy secretary of agriculture, the effectiveness of the 18 12 position, and any methods to improve the position's 18 13 effectiveness. 18 14 STATUTORY CHANGES 18 15 Sec. 30. 1993 Iowa Acts, chapter 176, section 25, 18 16 subsection 2, as amended by 1994 Iowa Acts, chapter 1198, 18 17 section 31, is amended to read as follows: 18 18 2. Notwithstanding section 8.33, unencumbered or 18 19 unobligated moneys remaining on June 30, 1993, from moneys 18 20 appropriated pursuant to 1992 Iowa Acts, Second Extraordinary 18 21 Session, chapter 1001, section 402, may be expended during the 18 22 fiscal period beginning July 1, 1993, and ending June 30,199518 23 1996, and shall not revert to the general fund until August 18 24 31,19951996. 18 25 Sec. 31. 1994 Iowa Acts, chapter 1119, section 32, 18 26 subsection 2, unnumbered paragraph 1, is amended to read as 18 27 follows: 18 28 Notwithstanding section 423.24, as amended in this Act, for 18 29 each fiscal year of the period beginning on July 1, 1993, and 18 30 endingJuly 1, 1994June 30, 1996, an amount equal to two and 18 31 one-half percent of the total moneys used to support value- 18 32 added agricultural products and processes as provided in that 18 33 section, which would otherwise be allocated to the value-added 18 34 agricultural products and processes financial assistance fund, 18 35 shall instead be allocated to the office of renewable fuels 19 1 and coproducts. The moneys shall be used for purposes of 19 2 conducting soydiesel demonstration projects administered by 19 3 the state department of transportation under the oversight of 19 4 the renewable fuels and coproducts advisory committee. 19 5 Sec. 32. 1994 Iowa Acts, chapter 1119, section 32, 19 6 subsection 2, paragraph b, is amended to read as follows: 19 7 b. The state department of transportation shall evaluate 19 8 the performance of vehicles operating on soydiesel fuel, 19 9 including the rate of repairs on the vehicles and comments of 19 10 persons operating and maintaining the vehicles. The 19 11 department shall submit initial findings and recommendations 19 12 to the renewable fuels and coproducts advisory committee which 19 13 shall submit a report to the senate and chief clerk of the 19 14 house, the legislative service bureau, the chairpersons and 19 15 ranking members of the senate standing committee on 19 16 agriculture, the senate standing committee on small business, 19 17 economic development and tourism, the house of representatives 19 18 standing committee on agriculture, and the house of 19 19 representatives standing committee on small business, economic 19 20 development and trade. The department shall submit final 19 21 findings and recommendations to the renewable fuels and 19 22 coproducts advisory committee which shall submit a report to 19 23 the general assembly.TheAn initial report shall be due on 19 24 October 1, 1994. The final, an interim report shall be due on 19 25 March 1, 1995, and a final report shall be due on October 1, 19 26 1996. 19 27 Sec. 33. 1994 Iowa Acts, chapter 1119, section 32, 19 28 subsection 2, paragraph d, is amended to read as follows: 19 29 d. Moneys available under this section which remain 19 30 unexpended or unobligated on June 30, 1994, shall remain 19 31 available to support the demonstration project and shall not 19 32 revert pursuant to section 8.33. Moneys remaining unexpended 19 33 or unobligated on June 30,19951996, shall be credited to the 19 34 value-added agricultural products and processes financial 19 35 assistance fund as created in section 15E.112. 20 1 Sec. 34. Section 8.60, Code 1995, is amended to read as 20 2 follows: 20 3 8.60 USE OF DESIGNATED MONEYS. 20 4 Moneys credited to or deposited in the general fund of the 20 5 state on or after July 1, 1993, which under law were pre- 20 6 viously collected to be used for specific purposes, or to be 20 7 credited to, or be deposited to a particular account or fund 20 8 shall only be used for the purposes for which the moneys were 20 9 collected, including but not limited to moneys collected in 20 10 accordance with any of the following provisions: 20 11 1. Pari-mutuel regulation fund created in section 99D.17, 20 12 Code Supplement 1993. 20 13 2. Excursion boat gambling special account pursuant to 20 14 section 99F.4, subsection 2, Code Supplement 1993. 20 153. Milk fund created in section 192.111, Code Supplement20 161993.20 174. Dairy trade practices trust fund pursuant to section20 18192A.30, Code Supplement 1993.20 195. Commercial feed fund created in section 198.9, Code20 20Supplement 1993.20 216. Fertilizer fund created in section 200.9, Code20 22Supplement 1993.20 237. Pesticide fund created in section 206.12, Code20 24Supplement 1993.20 258.3. Motor vehicle fraud account pursuant to section 20 26 312.2, subsection 13, Code Supplement 1993. 20 279.4. Public transit assistance fund pursuant to section 20 28 312.2, subsection 15, and section 324A.6, Code Supplement 20 29 1993. 20 3010.5. Salvage vehicle fee paid to the Iowa law 20 31 enforcement academy pursuant to section 321.52, Code 20 32 Supplement 1993. 20 3311.6. Railroad assistance fund created in section 20 34 327H.18, Code Supplement 1993. 20 3512.7. Special railroad facility fund created in section 21 1 327I.23, Code Supplement 1993. 21 213.8. State aviation fund created in section 328.36, Code 21 3 Supplement 1993. 21 414. Marine fuel tax fund created in section 452A.79, Code21 5Supplement 1993.21 615.9. Public outdoor recreation and resources fund 21 7 pursuant to section 461A.79, Code Supplement 1993. 21 816.10. Energy research and development fund created in 21 9 section 473.11, Code Supplement 1993. 21 1017.11. Utilities trust fund created in section 476.10, 21 11 Code Supplement 1993. 21 1218.12. Banking revolving fund created in section 524.207, 21 13 Code Supplement 1993. 21 1419.13. Credit union revolving fund created in section 21 15 533.67, Code Supplement 1993. 21 1620.14. Professional licensing revolving fund created in 21 17 section 546.10, Code Supplement 1993. 21 18 Sec. 35. Section 159.14, Code 1995, is amended to read as 21 19 follows: 21 20 159.14 BONDS. 21 21 The secretary shall require every inspector or employee who 21 22 collects fees or handles funds belonging to the state to give 21 23 an official bond, properly conditioned and signed by 21 24 sufficient sureties, in a sum to be fixed by the secretary, 21 25 which bond shall be approved by the secretary and filed in the 21 26 office of the secretary of state.This section shall not21 27apply to the deputy secretary of agriculture.The state shall 21 28 pay the reasonable cost of the bonds required by this section. 21 29 Sec. 36. Section 161C.4, unnumbered paragraph 1, Code 21 30 1995, is amended to read as follows: 21 31 A water protection fund is created within the division. 21 32 The fund is composed of money appropriated by the general 21 33 assembly for that purpose, and moneys available to and 21 34 obtained or accepted by the state soil conservation committee 21 35 from the United States or private sources for placement in the 22 1 fund. The fund shall be divided into two accounts, the water 22 2 quality protection projects account and the water protection 22 3 practices account. The first account shall be used to carry 22 4 out water quality protection projects to protect the state's 22 5 surface and groundwater from point and nonpoint sources of 22 6 contamination. The second account shall be used to establish 22 7 water protection practices with individual landowners 22 8 including but not limited to woodland establishment and 22 9 protection, establishment of native grasses and forbs, 22 10 sinkhole management, agricultural drainage well management, 22 11 streambank stabilization, grass waterway establishment, stream 22 12 buffer strip establishment, and erosion control structure 22 13 construction. Twenty-five percent of funds appropriated to 22 14 the water protection practices account shall be used for 22 15 woodland establishment and protection, and establishment of 22 16 native grasses and forbs. Soil and water conservation 22 17 district commissioners shall give priority to applications for 22 18 practices that implement their soil and water resource 22 19 conservation plan. The fund shall be a revolving fund from 22 20 which moneys may be used for loans, grants, administrative 22 21 costs, and cost-sharing. 22 22 Sec. 37. Section 192.111, subsection 3, Code 1995, is 22 23 amended by striking the subsection. 22 24 Sec. 38. NEW SECTION. 192.112 MILK FUND. 22 25 1. A milk fund is established in the state treasury under 22 26 the control of the department. The fund shall consist of any 22 27 money appropriated by the general assembly and any other 22 28 moneys available to and obtained or accepted by the department 22 29 from the federal government or private sources for placement 22 30 in the fund. Fees collected under sections 192.111, 192.133, 22 31 194.14, 194.19, 194.20, and 195.9 shall be deposited in the 22 32 fund. All moneys deposited under this section are 22 33 appropriated to the department for the costs of inspection, 22 34 sampling, analysis, and other expenses necessary for the 22 35 administration of this chapter and chapters 194 and 195. 23 1 2. In each fiscal year, the secretary shall calculate the 23 2 balance of funds deposited under this section by subtracting 23 3 all moneys expended for the costs of inspection, sampling, 23 4 analysis, and other expenses necessary for the administration 23 5 of this chapter and chapters 194 and 195. If the calculation 23 6 shows a balance of funds deposited under this section on June 23 7 30 of any fiscal year equal to or exceeding one hundred fifty 23 8 thousand dollars, the secretary shall reduce the fees provided 23 9 for in section 192.11 and section 194.20 for the next fiscal 23 10 year in an amount which will result in an ending estimated 23 11 balance of such funds for June 30 of the next fiscal year of 23 12 one hundred fifty thousand dollars. 23 13 3. All moneys in the milk fund are subject to audit by the 23 14 auditor of state. The milk fund is subject at all times to 23 15 warrants by the director of revenue and finance, drawn upon 23 16 written requisition of the secretary. Notwithstanding section 23 17 8.33, moneys in the milk fund shall remain in the milk fund 23 18 and shall not revert to the general fund of the state. 23 19 Notwithstanding section 12C.7, subsection 2, interest or 23 20 earnings on moneys deposited in the milk fund shall be 23 21 credited to the milk fund. 23 22 Sec. 39. Section 192.133, Code 1995, is amended to read as 23 23 follows: 23 24 192.133 LICENSE TERM &endash; FEES. 23 25 A license, unless earlier revoked, is valid until July 1 23 26 after the date of its issuance. The maximum fee for a license 23 27 is twenty-five dollars, which shall be paid before the license 23 28 is issued, and standard test bottles and pipettes shall be 23 29 furnished at actual cost. Fees collected under this section 23 30 shall be depositedand used as required in section 192.111in 23 31 the milk fund established in section 192.112. 23 32 Sec. 40. Section 192A.30, Code 1995, is amended to read as 23 33 follows: 23 34 192A.30 PERMIT FEES. 23 35 For the purpose of administering and enforcing this 24 1 chapter, a processor or a person purchasing milk products from 24 2 a processor for wholesale distribution shall obtain a permit, 24 3 as provided by departmental rule, before milk products are 24 4 sold by the person or wholesale purchaser in this state. The 24 5 processor or wholesale purchaser shall pay to the secretary a 24 6 permit fee in an amount set by the secretary, not to exceed 24 7 five mills per hundredweight on milk processed into dairy 24 8 products as defined in section 192A.1, and sold within the 24 9 state of Iowa. However, the permit fee for the sale of ice 24 10 cream or an additive variant of ice cream or nonmilk-fat 24 11 imitation shall not exceed three mills per gallon. Products 24 12 upon which fees have been paid are exempt from further fees in 24 13 successive transactions. The fees for each month thus 24 14 computed shall be paid to the secretary on or before the 24 15 twenty-fifth day of the following month. The fees shall be 24 16 deposited in the milk fund established in section 192.112. 24 17Fees paid to the secretary shall be deposited into the24 18general fund of the state and shall be subject to the24 19requirements of section 8.60.24 20 Sec. 41. Section 194.14, Code 1995, is amended to read as 24 21 follows: 24 22 194.14 LICENSE TERM &endash; FEES. 24 23 A milk grader's license, unless sooner revoked, is valid 24 24 until July 1 after the date of issuance. The maximum fee for 24 25 each license is ten dollars, which shall be paid before the 24 26 license is issued. Fees collected under this section shall be 24 27 depositedand used as required in section 192.111in the milk 24 28 fund established pursuant to section 192.112. 24 29 Sec. 42. Section 194.19, unnumbered paragraph 1, Code 24 30 1995, is amended to read as follows: 24 31 A vehicle used for the collection of milk for manufacture 24 32 of dairy products shall first be licensed by the department. 24 33 A license, unless earlier revoked, is valid until July 1 after 24 34 the date of its issuance. The maximum fee for a license is 24 35 twenty-five dollars, which shall be paid before the license is 25 1 issued. A fee shall not be imposed under this section if the 25 2 vehicle or its operator has paid the fee imposed upon milk 25 3 haulers under section 192.111. Fees collected under this 25 4 section shall be depositedand used as required in section25 5192.111in the milk fund established in section 192.112. This 25 6 section does not apply to individuals transporting their own 25 7 dairy products. 25 8 Sec. 43. Section 194.20, Code 1995, is amended to read as 25 9 follows: 25 10 194.20 INSPECTION FEES &endash; GRADE "B" MILK. 25 11 A purchaser of milk from a grade "B" milk producer shall 25 12 pay an inspection fee not greater than one-half cent per 25 13 hundredweight. The fee is payable monthly to the department 25 14 at a time prescribed by the department. Fees collected under 25 15 this section shall be depositedand used as required in25 16section 192.111in the milk fund established in section 25 17 192.112. 25 18 Sec. 44. Section 195.9, Code 1995, is amended to read as 25 19 follows: 25 20 195.9 LICENSE TERM &endash; FEES. 25 21 A license, unless sooner revoked, is valid until July 1 25 22 after the date of its issuance. The maximum fee for a license 25 23 is twenty-five dollars which shall be paid before the license 25 24 is issued. Fees collected under this section shall be 25 25 depositedand used as required in section 192.111in the milk 25 26 fund established in section 192.112. 25 27 Sec. 45. Section 198.9, subsection 3, Code 1995, is 25 28 amended to read as follows: 25 29 3. Fees collected shall be deposited in thegeneral fund25 30of the state and shall be subject to the requirements of25 31section 8.60commercial feed trust fund established in section 25 32 198.9A.Moneys deposited under this section shall be used for25 33the payment of the costs of inspection, sampling, analysis,25 34supportive research, and other expenses necessary for the25 35administration of this chapter.26 1If there is an unencumbered balance of funds from the fees26 2deposited under this section on June 30 of any fiscal year26 3equal to or exceeding one hundred thousand dollars, the26 4secretary of agriculture shall reduce the per ton fee provided26 5for in subsection 1 for the next fiscal year in such amount as26 6will result in an ending estimated balance of the fees26 7deposited less costs paid for from those fees for June 30 of26 8the next fiscal year of one hundred thousand dollars.26 9The secretary shall publish a report not later than26 10September 1 of each year. The report shall provide a detailed26 11accounting of all sources of revenue deposited under and all26 12dispositions of funds expended under this section. The report26 13shall detail full-time equivalent positions used in fulfilling26 14the requirements of this chapter. The report shall also26 15indicate to what extent any full-time equivalent positions are26 16shared with other programs. Copies of the report issued by26 17the secretary pursuant to this subsection shall be delivered26 18each year to the members of the house of representatives and26 19senate standing committees on agriculture.26 20 Sec. 46. NEW SECTION. 198.9A COMMERCIAL FEED TRUST FUND. 26 21 1. A commercial feed trust fund is established in the 26 22 state treasury under the control of the department. The fund 26 23 shall consist of any moneys appropriated to the fund by the 26 24 general assembly and any other moneys available to and 26 25 obtained or accepted by the department from the federal 26 26 government or private sources for placement in the fund. Fees 26 27 collected under section 198.9 shall be deposited in the fund. 26 28 Moneys deposited in the fund shall be used for the payment of 26 29 the costs of inspection, sampling, analysis, supportive 26 30 research, and other expenses necessary for the administration 26 31 of this chapter. 26 32 2. If there is an unencumbered balance of moneys in the 26 33 fund on June 30 of any fiscal year equal to or exceeding one 26 34 hundred thousand dollars, the secretary of agriculture shall 26 35 reduce the per ton fee provided for in section 198.9, 27 1 subsection 1, for the next fiscal year in such amount as will 27 2 result in an ending estimated balance of the fees deposited 27 3 less costs paid for from those fees for June 30 of the next 27 4 fiscal year of one hundred thousand dollars. 27 5 3. The secretary shall publish a report not later than 27 6 September 1 of each year. The report shall provide a detailed 27 7 accounting of all sources of revenue deposited under and all 27 8 dispositions of moneys deposited in the fund. The report 27 9 shall detail full-time equivalent positions used in fulfilling 27 10 the requirements of this chapter. The report shall also 27 11 indicate to what extent any full-time equivalent positions are 27 12 shared with other programs. Copies of the report issued by 27 13 the secretary pursuant to this subsection shall be delivered 27 14 each year to the members of the standing committees on 27 15 agriculture of the house of representatives and the senate. 27 16 Sec. 47. Section 200.4, subsection 1, Code 1995, is 27 17 amended to read as follows: 27 18 1. Any person who manufactures, mixes, blends, mixes to 27 19 customers order, offers for sale, sells, or distributes any 27 20 fertilizer or soil conditioner in Iowa must first obtain a 27 21 license from the secretary of agriculture and shall pay a ten- 27 22 dollar license fee for each place of manufacture or 27 23 distribution from which fertilizer or soil conditioner 27 24 products are sold or distributed in Iowa.SuchThe license 27 25 fee shall be paid annually on July 1 of each year. The 27 26 license fee shall be deposited in the fertilizer fund 27 27 established in section 200.9. 27 28 Sec. 48. Section 200.8, subsection 3, Code 1995, is 27 29 amended by striking the subsection. 27 30 Sec. 49. Section 200.9, Code 1995, is amended to read as 27 31 follows: 27 32 200.9 FERTILIZERFEESFUND. 27 33 1. A fertilizer fund is established in the state treasury 27 34 under the control of the department of agriculture and land 27 35 stewardship. The fund shall consist of any moneys 28 1 appropriated by the general assembly and any other moneys 28 2 available to and obtained or accepted by the department from 28 3 the federal government or private sources for placement in the 28 4 fund. Fees collected for licenses and inspection fees under 28 5 sections 200.4 and 200.8, with the exception of those fees 28 6 collected for deposit in the agriculture management account of 28 7 the groundwater protection fund, shall be deposited in the 28 8generalfundof the state and shall be subject to the28 9requirements of section 8.60. Fees collected pursuant to 28 10 chapter 201 shall also be deposited in the fund. Moneys 28 11 depositedunder this section tointo thegeneralfund from 28 12 fees collected pursuant to this chapter shall be used only by 28 13 the department for the purpose of inspection, sampling, 28 14 analysis, preparation, and publishing of reports and other 28 15 expenses necessary for administration of this chapter and 28 16 chapter 201. The secretary may assign moneys to the Iowa 28 17 agricultural experiment station for research, work projects, 28 18 and investigations as needed for the specific purpose of 28 19 improving the regulatory functions for enforcement of this 28 20 chapter. 28 21 2. If there is an unencumbered balance of moneys deposited 28 22 in the fund from fees collected pursuant to this chapter on 28 23 June 30 of any fiscal year equal to or exceeding three hundred 28 24 fifty thousand dollars, the secretary of agriculture shall 28 25 reduce the per ton fee provided for in subsection 1 and the 28 26 annual license fee established pursuant to section 201.3 for 28 27 the next fiscal year in such amount as will result in an 28 28 ending estimated balance of such funds for June 30 of the next 28 29 fiscal year of three hundred fifty thousand dollars. 28 30 3. All moneys in the fund are subject to audit by the 28 31 auditor of state. The fund is subject at all times to 28 32 warrants by the director of revenue and finance, drawn upon 28 33 written requisition of the secretary. Notwithstanding section 28 34 8.33, moneys in the fertilizer fund shall remain in the 28 35 fertilizer fund and shall not revert to the general fund of 29 1 the state. Notwithstanding section 12C.7, subsection 2, 29 2 interest or earnings on moneys deposited in the fertilizer 29 3 fund shall be credited to the fertilizer fund. 29 4 Sec. 50. Section 201.13, Code 1995, is amended to read as 29 5 follows: 29 6 201.13 MONEYS TOGENERALTHE FERTILIZER FUND &endash; PERIODIC 29 7 REPORT. 29 8 The moneys received under this chapter shall be deposited 29 9 in thegeneral fund of the state and shall be subject to the29 10requirements of section 8.60. Moneys deposited under this29 11section shall be used by the department of agriculture and29 12land stewardship only for the purpose of inspection, sampling,29 13analyzing, preparing and publishing of reports, and other29 14expenses necessary for the administration of this chapter29 15 fertilizer fund as provided in section 200.9. The secretary 29 16 shall issue an annual report showing a statement of moneys 29 17 received from license and testing fees, and a biennial report 29 18 which shall be made available to the public showing the 29 19 certifications of the effective calcium carbonate equivalent 29 20 for all agricultural lime, limestone, or aglime certified as 29 21 provided in this chapter. The report shall list the 29 22 manufacturers and producers and their locations. Copies of 29 23 all reports issued by the secretary pursuant to this section 29 24 shall be sent to the members of the house of representatives 29 25 and senate standing committees on agriculture. 29 26 Sec. 51. Section 206.12, subsection 3, Code 1995, is 29 27 amended to read as follows: 29 28 3. The registrant, before selling or offering for sale any 29 29 pesticide for use in this state, shall register each brand and 29 30 grade of such pesticide with the secretary upon forms 29 31 furnished by the secretary, and the secretary shall set the 29 32 registration fee annually at one-fifth of one percent of gross 29 33 sales within this state with a minimum fee of two hundred 29 34 fifty dollars and a maximum fee of three thousand dollars for 29 35 each and every brand and grade to be offered for sale in this 30 1 state except as otherwise provided. The annual registration 30 2 fee for products with gross annual sales in this state of less 30 3 than one million five hundred thousand dollars shall be the 30 4 greater of two hundred fifty dollars or one-fifth of one 30 5 percent of the gross annual sales as established by affidavit 30 6 of the registrant. The secretary shall adopt by rule 30 7 exemptions to the minimum fee. Fifty dollars of each fee 30 8 collected shall be deposited in thegeneral fund of the state,30 9shall be subject to the requirements of section 8.60, and30 10shall be used only for the purpose of enforcing the provisions30 11of this chapterpesticide fund established in section 206.12A, 30 12 and the remainder of each fee collected shall be placed in the 30 13 agriculture management account of the groundwater protection 30 14 fund. 30 15 Sec. 52. NEW SECTION. 206.12A PESTICIDE FUND. 30 16 1. A pesticide fund is established in the state treasury 30 17 under the control of the department. The fund shall consist 30 18 of any moneys appropriated to the fund by the general assembly 30 19 and any other moneys available to and obtained or accepted by 30 20 the department from the federal government or private sources 30 21 for placement in the fund. Fees collected under section 30 22 206.12 shall be deposited in the fund. The moneys in the fund 30 23 shall be used only for the purpose of enforcing the provisions 30 24 of this chapter. 30 25 2. All moneys in the pesticide fund are subject to audit 30 26 by the auditor of state. The fund is subject at all times to 30 27 warrants by the director of revenue and finance, drawn upon 30 28 written requisition of the secretary. Notwithstanding section 30 29 8.33, moneys in the pesticide fund shall remain in the fund 30 30 and shall not revert to the general fund of the state. 30 31 Notwithstanding section 12C.7, subsection 2, interest or 30 32 earnings on moneys deposited in the pesticide fund shall be 30 33 credited to the pesticide fund. 30 34 Sec. 53. Section 452A.79, unnumbered paragraph 2, and 30 35 subsections 1, 2, 3, 4, and 5, Code 1995, are amended to read 31 1 as follows: 31 2 All moneys derived from the excise tax on the sale of motor 31 3 fuel used in watercraft shall be deposited in thegeneral31 4 marine fuel tax fundof the stateestablished in section 31 5 452A.83.Moneys deposited to the general fund under this31 6section and section 452A.84 are subject to the requirements of31 7section 8.60 and are subject to appropriation by the general31 8assembly to the department of natural resources for use in its31 9recreational boating program, which may include but is not31 10limited to:31 111. Dredging and renovation of natural lakes of this state.31 122. Acquisition, development and maintenance of access to31 13public boating waters.31 143. Development and maintenance of boating facilities and31 15navigation aids.31 164. Administration, operation, and maintenance of31 17recreational boating activities of the department of natural31 18resources.31 195. Acquisition, development and maintenance of recreation31 20facilities associated with recreational boating.31 21 Sec. 54. NEW SECTION. 452A.83 MARINE FUEL TAX FUND. 31 22 1. A marine fuel tax fund is established in the state 31 23 treasury under the control of the department. The fund shall 31 24 consist of any moneys appropriated to the fund by the general 31 25 assembly and any other moneys available to and obtained or 31 26 accepted by the department from the federal government or 31 27 private sources for placement in the fund. Moneys collected 31 28 pursuant to section 452A.79 shall be deposited in the fund. 31 29 Moneys collected pursuant to this chapter from the motor fuel 31 30 tax fund shall be transferred to the fund as provided in 31 31 section 452A.84. 31 32 2. Moneys deposited or transferred into the fund are sub- 31 33 ject to appropriation by the general assembly to the 31 34 department of natural resources for its recreational boating 31 35 program which may include, but is not limited to: 32 1 a. Dredging and renovation of natural lakes of this state. 32 2 b. Acquisition, development, and maintenance of access to 32 3 public boating waters. 32 4 c. Development and maintenance of boating facilities and 32 5 navigation aids. 32 6 d. Administration, operation, and maintenance of 32 7 recreational boating activities of the department of natural 32 8 resources. 32 9 e. Acquisition, development, and maintenance of recreation 32 10 facilities associated with recreational boating. 32 11 3. All moneys in the marine fuel tax fund are subject to 32 12 audit by the auditor of state. The fund is subject at all 32 13 times to warrants by the director of revenue and finance, 32 14 drawn upon written requisition of the department. 32 15 Notwithstanding section 8.33, moneys in the marine fuel tax 32 16 fund shall remain in the fund and shall not revert to the 32 17 general fund of the state. Notwithstanding section 12C.7, 32 18 subsection 2, interest or earnings on moneys deposited in the 32 19 marine fuel tax fund shall be credited to the marine fuel tax 32 20 fund. 32 21 Sec. 55. Section 452A.84, Code 1995, is amended to read as 32 22 follows: 32 23 452A.84 TRANSFER TOSTATE GENERALMARINE FUEL TAX FUND. 32 24 The treasurer of state shall transfer from the motor fuel 32 25 tax fund to thegeneralmarine fuel tax fundof the state32 26 established pursuant to section 452A.83, that portion of 32 27 moneys collected under this chapter attributable to motor fuel 32 28 used in watercraft computed as follows: 32 29 1. Determine monthly the total amount of motor fuel tax 32 30 collected under this chapter and multiply the amount by nine- 32 31 tenths of one percent. 32 32 2. Subtract from the figure computed pursuant to 32 33 subsection 1 of this section three percent of the figure for 32 34 administrative costs and further subtract from the figure the 32 35 amounts refunded to commercial fishers pursuant to section 33 1 452A.17, subsection 13. All moneys remaining after claims for 33 2 refund and the cost of administration have been made shall be 33 3 transferred to thegeneralmarine fuel tax fundof the state. 33 4 Sec. 56. Section 455B.183A, subsection 2, paragraph b, 33 5 Code 1995, is amended to read as follows: 33 6 b. The operation of a public water supply system, 33 7 including any part of the system.The fees may be based on33 8the type and size of community served by the system.The 33 9 commission shall adopt a fee schedule which shall be based on 33 10 the total number of persons served by public water supply 33 11 systems in this state. The commission shall calculate all 33 12 fees in the schedule to produce total revenues equaling four 33 13 hundred seventy-five thousand dollars for the fiscal year 33 14 beginning July 1, 1994, and ending June 30, 1995, seven 33 15 hundred thousand dollars for the fiscal year beginning July 1, 33 16 1995, and ending June 30, 1996, nine hundred thousand dollars 33 17 for the fiscal year beginning July 1, 1996, and ending June 33 18 30, 1997, and one million two hundred thousand dollars for 33 19 each subsequent fiscal year. For the fiscal year beginning 33 20 July 1, 1994, and ending June 30, 1995, twenty-five thousand 33 21 dollars shall be deposited in the administration account and 33 22 four hundred fifty thousand dollars shall be deposited in the 33 23 public water supply system account. For each subsequent 33 24 fiscal year, one-half of the fees shall be deposited into the 33 25 administration account and one-half of the fees shall be 33 26 deposited into the public water supply system account. By May 33 27 1 of each year, the department shall estimate the total 33 28 revenue expected to be collected from the overpayment of fees, 33 29 which are all fees in excess of the amount of the total 33 30 revenues which are expected to be collected under the current 33 31 fee schedule, and the total revenue expected to be collected 33 32 from the payment of fees during the next fiscal year. The 33 33 commission shall adjust the fees if the estimate exceeds the 33 34 amount of revenue required to be deposited in the fund 33 35 pursuant to this paragraph. 34 1 Sec. 57. Section 455E.11, subsection 2, paragraph a, 34 2 subparagraph (12), subparagraph subdivision (c), Code 1995, is 34 3 amended to read as follows: 34 4 (c) Twelve and one-half cents per ton per year is 34 5 appropriated to the department of natural resources to provide 34 6 additional toxic cleanup days and for the natural resource 34 7 geographic information system required under section 455E.8, 34 8 subsection 6. Departmental rules adopted for implementation 34 9 of toxic cleanup days shall provide sufficient flexibility to 34 10 respond to the household hazardous material collection needs 34 11 of both small and large communities. 34 12 Sec. 58. EFFECTIVE DATES. 34 13 1. Sections 14, 17, 19, and 25 of this Act, being deemed 34 14 of immediate importance, take effect upon enactment. 34 15 2. Section 28 of this Act takes effect on July 1, 1996. 34 16 3. The amendments in this Act to 1993 Iowa Acts, chapter 34 17 176, section 25, subsection 2, as amended by 1994 Iowa Acts, 34 18 chapter 1198, section 31, take effect upon enactment. 34 19 4. The amendments in this Act to 1994 Iowa Acts, chapter 34 20 1119, section 32, being deemed of immediate importance, take 34 21 effect upon enactment. 34 22 5. The amendments in this Act to section 455B.183A, being 34 23 deemed of immediate importance, take effect upon enactment. 34 24 6. Sections 8.60, 159.14, 192.111, 192.112, 192.133, 34 25 192A.30, 194.14, 194.19, 194.20, 195.9, 198.9, 198.9A, 200.4, 34 26 200.8, 200.9, 201.13, 201.15, 206.12, 206.12A, 452A.79, 34 27 452A.83, and 452A.84, Code 1995, as amended or enacted by this 34 28 Act take effect July 1, 1996. 34 29 7. This section, being deemed of immediate importance, 34 30 takes effect upon enactment. 34 31 EXPLANATION 34 32 This bill relates to agriculture and natural resources, by 34 33 providing appropriations to support related entities, 34 34 including the department of agriculture and land stewardship 34 35 and the department of natural resources. The bill also makes 35 1 a number of statutory changes to provisions relating to 35 2 agriculture and natural resources. 35 3 Section 1 provides a general appropriation from the general 35 4 fund to the department of agriculture and land stewardship, 35 5 including the administrative division, the regulatory 35 6 division, the laboratory division, and the soil conservation 35 7 division. 35 8 Section 2 provides an appropriation from the general fund 35 9 to support the farmers' market coupon program, by providing 35 10 federal special supplemental food program recipients with 35 11 coupons redeemable at farmers' markets. 35 12 Section 3 provides an appropriation from the general fund 35 13 to support a program administered by the department of 35 14 agriculture and land stewardship to eradicate a disease 35 15 threatening swine production, in accordance with chapter 166D. 35 16 Section 4 provides an appropriation from unclaimed winnings 35 17 at horse and dog tracks to the regulatory division of the 35 18 department of agriculture and land stewardship to support the 35 19 inspection of Iowa-foaled horses and Iowa-whelped dogs and the 35 20 administration of a program to promote the horse and dog 35 21 breeding industries in the state. 35 22 Section 5 provides an appropriation from the general fund 35 23 to the interstate agricultural grain marketing commission for 35 24 carrying out the duties of the commission as provided in the 35 25 interstate compact of agricultural grain marketing codified in 35 26 chapter 183, including the correction of weaknesses and 35 27 solutions to problems in the present system of agricultural 35 28 grain marketing or the development of alternatives. 35 29 Section 6 provides an appropriation from the general fund 35 30 to the department of natural resources to support 35 31 administrative and support services, the parks and preserves 35 32 division, the forests and forestry division, the energy and 35 33 geological resources division, the environmental protection 35 34 division, and the water quality protection fund. The bill 35 35 provides full-time equivalent position limits on the 36 1 department's various divisions, including the fish and 36 2 wildlife division and the waste management assistance 36 3 division. 36 4 Section 7 provides an appropriation from the state fish and 36 5 game protection fund to support the division of fish and 36 6 wildlife within the department of natural resources. The 36 7 department is prohibited from expending more moneys than 36 8 provided from the fund, unless the expenditure derives from a 36 9 contribution made from a nonstate source and is approved by 36 10 the natural resource commission. 36 11 Section 8 provides an appropriation from the marine fuel 36 12 tax receipts deposited in the general fund of the state to the 36 13 department of natural resources for the purposes of supporting 36 14 expenditures traditionally funded from marine fuel tax 36 15 revenues, other than capital or operations, and for purposes 36 16 of maintaining and developing boating facilities. 36 17 Section 9 provides for the transfer of fees from all- 36 18 terrain vehicle and snowmobile fees deposited in a special 36 19 conservation fund. The moneys are appropriated to the 36 20 department of natural resources for snowmobile programs of the 36 21 state, as provided in section 321G.7. 36 22 Section 10 provides for the transfer of registration fees 36 23 paid on vessels to be deposited in a special conservation 36 24 fund. The moneys are appropriated to the department of 36 25 natural resources for purposes of the administration and 36 26 enforcement of navigation laws and water safety. 36 27 Section 11 provides that notwithstanding section 455A.18 36 28 which provides a standing appropriation of $30,000,000 from 36 29 the general fund required to be deposited in the Iowa 36 30 resources enhancement and protection fund, there is 36 31 appropriated from the general fund of the state $8,000,000 to 36 32 support the resources enhancement and protection fund. 36 33 Section 12 provides an appropriation from the general fund 36 34 to support Iowa state university for purposes of administering 36 35 a livestock producers assistance program, in order to provide 37 1 on-site assistance to persons involved in livestock production 37 2 in order to increase the efficiency, productivity, and 37 3 profitability of their operations. 37 4 Section 13 provides an appropriation from the general fund 37 5 to the department of agriculture and land stewardship for 37 6 deposit in the organic nutrient management fund for 37 7 administration of the organic nutrient management program by 37 8 the division of soil conservation. The program provides 37 9 financial incentives to establish livestock manure management 37 10 systems to facilitate the proper utilization of livestock 37 11 manure as a nutrient source, and to protect the water 37 12 resources of the state from livestock manure runoff. 37 13 Section 14 provides for the transfer of moneys from 37 14 accounts of the water protection fund, supported by 37 15 allocations made from the resources enhancement and protection 37 16 fund, to the organic nutrient management fund for purposes of 37 17 carrying out the organic nutrient management program, and to 37 18 provide financial incentives for soil conservation practices. 37 19 Section 15 provides for an appropriation from the 37 20 unassigned revenue fund administered by the Iowa comprehensive 37 21 underground storage tank board to the department of natural 37 22 resources for purposes of administering the department's 37 23 underground storage tank section. 37 24 Section 16 provides that the department of natural 37 25 resources may transfer an amount from the hazardous substance 37 26 remedial fund to support purposes related to carrying out and 37 27 enforcing air quality regulations under chapter 455B. 37 28 Section 17 provides that unencumbered and unobligated 37 29 moneys previously appropriated to the department of 37 30 agriculture and land stewardship for purposes of planting and 37 31 maintaining wind erosion control barriers must be transferred 37 32 to the road use tax fund. 37 33 Section 18 provides that notwithstanding section 17A.2, the 37 34 department of natural resources must adopt administrative 37 35 rules establishing prices of plant materials grown at state 38 1 nurseries to cover the expenses related to growing the plants. 38 2 Section 19 provides that the department of natural 38 3 resources must, in cooperation with the loess hills 38 4 development and conservation authority, sponsor a conference 38 5 regarding the erosion and degradation of stream channels in 38 6 counties in the deep loess region of western Iowa, and 38 7 specifically the area referred to as hungry canyons. 38 8 Section 20 requires that the department of agriculture and 38 9 land stewardship and the department of natural resources 38 10 notify the chairpersons, vice chairpersons, and ranking 38 11 members of the joint subcommittee on agriculture and natural 38 12 resources for the previous fiscal quarter of any transfer of 38 13 moneys or full-time equivalent positions made by either 38 14 department which is not authorized in the bill. 38 15 Section 21 requires the department of revenue and finance 38 16 in cooperation with each appropriate agency to track receipts 38 17 to the general fund which under law were previously collected 38 18 to be used for a specific purpose or required to be deposited 38 19 to a specific account or fund. 38 20 Section 22 requires the department of agriculture and land 38 21 stewardship and the department of natural resources to provide 38 22 financial information to the legislative fiscal bureau, 38 23 including all permanent positions added to or deleted from the 38 24 departments' table or organization. 38 25 Section 23 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 15.227 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 24 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 25 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 26 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 deposited collected in regulatory 39 16 fees and deposited in the air contaminant source fund 39 17 established in section 455B.133B for purposes of the 39 18 administration and enforcement of the regulations. 39 19 Section 27 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 Sections 28 and 29 relate to the position of deputy 39 27 secretary of agriculture. Section 28 provides for the 39 28 elimination of the position and the reallocation of the 39 29 deputy's duties. Section 29 requires the joint appropriations 39 30 subcommittee on agriculture and natural resources to conduct a 39 31 study of the functions and duties of the position. 39 32 Section 30 provides that moneys appropriated to support 39 33 lake preservation efforts at Black Hawk lake shall remain 39 34 available to support the efforts for the following fiscal 39 35 year. 40 1 Sections 31 through 33 amend provisions in a 1994 Act which 40 2 in part provided support to the renewable fuel industry, by 40 3 allocating moneys from the use tax to support value-added 40 4 agricultural products and processes. Part of the 1994 Act 40 5 provided that a percentage of moneys that would otherwise be 40 6 allocated to the value-added agricultural products and 40 7 processes financial assistance fund would be allocated for one 40 8 fiscal year to the state department of transportation for 40 9 purposes of conducting soydiesel demonstration projects. The 40 10 department was required to submit reports regarding findings 40 11 and recommendations to the department of agriculture and land 40 12 stewardship. These sections are amended to provide that the 40 13 same percentage shall be allocated for the fiscal year 40 14 beginning on July 1, 1995, for the same purposes, and to 40 15 provide that a final report must be delivered by October 1, 40 16 1996. 40 17 Section 34, section 36, and sections 37 through 55 40 18 reestablish a number of trust funds which were abolished in 40 19 1993 and 1994. These sections reestablish a number of those 40 20 funds, including the milk fund, dairy trade practices fund, 40 21 commercial feed fund, fertilizer fund, pesticide fund, and the 40 22 marine fuel tax fund. 40 23 Section 34 amends section 8.60 which provides that moneys 40 24 credited to or deposited in the general fund on or after July 40 25 1, 1993, which under law were previously collected for a 40 26 specified use or deposited in special accounts or funds, must 40 27 be used only for the purposes for which the moneys were 40 28 collected. The bill eliminates reference to those funds which 40 29 the bill reestablishes. 40 30 Section 35 amends section 159.14 by removing a reference to 40 31 the deputy secretary of agriculture. 40 32 Section 36 amends section 161C.4 which establishes a water 40 33 protection fund created within the soil conservation division 40 34 of the department of agriculture and land stewardship. The 40 35 fund is composed of two accounts, including the water quality 41 1 protection account and the water protection practices account. 41 2 The accounts are supported by moneys deposited in the 41 3 resources enhancement and protection fund. However, that fund 41 4 refers to depositing moneys into the water quality protection 41 5 projects account. The bill renames the account as described 41 6 in the fund to correspond to the name of the account referred 41 7 to in the section providing for the water resources 41 8 enhancement and protection fund. 41 9 Sections 37 through 44 reestablish the milk fund in chapter 41 10 192, and provide conforming changes. Prior to 1993, section 41 11 192.111 provided that fees imposed pursuant to various 41 12 sections and chapters would be deposited into a milk fund. 41 13 The provisions establishing the fund were contained in the 41 14 same section establishing inspection fees, providing for the 41 15 expenditure of moneys in the fund, and for the reduction of 41 16 fees by the department if moneys in the fund reached a certain 41 17 level. Section 37 of the bill eliminates reference to the 41 18 general fund and procedures required for collected moneys. 41 19 Section 38 creates new section 192.112 which provides for the 41 20 reestablishment of the fund, rewrites the procedural 41 21 requirements formerly contained in section 192.111, and 41 22 includes language common to funds established in other places 41 23 in the Code, including that moneys in the fund are subject to 41 24 audit by the auditor of state, that the fund is subject to 41 25 warranties by the director of revenue and finance drawn upon 41 26 written requisition of the department responsible for 41 27 administering the fund, that moneys in the fund shall remain 41 28 in the fund and shall not revert pursuant to section 8.33, and 41 29 that interest or earnings on moneys deposited in the fund must 41 30 be credited to the fund. Sections 39 through 44 amend various 41 31 sections, including 192.133, 192A.30, 194.14, 194.20, and 41 32 195.9, all referring to the use of fees collected pursuant to 41 33 those sections. The sections provide that fees collected 41 34 pursuant to those sections must be used as provided in section 41 35 192.111, which used to provide for the establishment of the 42 1 milk fund but under current law requires that the fees be 42 2 deposited in the general fund of the state. The bill amends 42 3 those sections to provide that the fees are to be deposited in 42 4 the milk fund as provided in new section 192.112. 42 5 Sections 45 through 47 reestablish the commercial feed 42 6 trust fund. Prior to 1993, section 198.9 provided that fees 42 7 imposed pursuant to the section would be deposited into a 42 8 commercial feed fund. The provisions establishing the fund 42 9 were contained in the same section establishing fees, 42 10 providing for the expenditure of moneys in the fund, the 42 11 reduction of fees by the department if moneys in the fund 42 12 reached a certain level, and reports regarding the fund to the 42 13 general assembly. Section 45 amends section 198.9 by 42 14 eliminating reference to the general fund and procedures 42 15 required for collected moneys. Section 46 creates new section 42 16 198.9A which provides for the establishment of the fund, 42 17 rewrites the procedural requirements formally contained in 42 18 section 198.9, and includes language common to funds 42 19 established in other places in the Code, including that moneys 42 20 in the fund are subject to audit by the auditor of state, that 42 21 the fund is subject to warranties by the director of revenue 42 22 and finance drawn upon written requisition of the department 42 23 responsible for administering the fund, that moneys in the 42 24 fund shall remain in the fund and shall not revert pursuant to 42 25 section 8.33, and that interest or earnings on moneys 42 26 deposited in the fund must be credited to the fund. 42 27 Sections 47 through 50 reestablish the fertilizer fund in 42 28 chapter 200, and provide conforming changes. Prior to 1993, 42 29 section 200.8 provided that fees imposed pursuant to various 42 30 sections in chapters 200 (regulating fertilizers and soil 42 31 conditioners) and 201 (regulating agricultural lime) would be 42 32 deposited into a fertilizer fund. Provisions establishing the 42 33 inspection fees also provided for the expenditure of moneys in 42 34 the fund, and for the reduction of fees by the department if 42 35 moneys in the fund reached a certain level. Section 47 43 1 provides that a licensee fee required under the chapter must 43 2 be deposited in the fertilizer fund. Section 48 of the bill 43 3 eliminates reference to the procedures required for collected 43 4 moneys under section 200.8. Section 49 amends section 200.9 43 5 which provides for the uses of moneys collected under the 43 6 chapter. The bill amends the section to formally establish 43 7 the fund, rewrites the procedural requirements formally 43 8 contained in section 200.8, and include language common to 43 9 funds established in other places in the Code, including that 43 10 moneys in the fund are subject to audit by the auditor of 43 11 state, that the fund is subject to warrants by the director of 43 12 revenue and finance drawn upon written requisition of the 43 13 department responsible for administering the fund, that moneys 43 14 in the fund shall remain in the fund and shall not revert 43 15 pursuant to section 8.33, and that interest or earnings on 43 16 moneys deposited in the fund must be credited to the fund. 43 17 Section 50 amends section 201.13, by providing that moneys 43 18 collected under the chapter must be deposited in the 43 19 fertilizer fund instead of the general fund and by eliminating 43 20 a provision that moneys deposited pursuant to the chapter must 43 21 be used for purposes related to the administration of the 43 22 chapter, and provides that the moneys must be deposited into 43 23 the fertilizer fund. Section 49 amends section 200.9 to 43 24 provide that fees collected pursuant to chapters 200 and 201 43 25 must be used for the administration of the chapter and chapter 43 26 201. 43 27 Sections 51 and 52 reestablish the pesticide fund in 43 28 chapter 206. Prior to 1993, section 206.12A provided that 43 29 fees imposed pursuant to the section would be deposited into a 43 30 pesticide fund. In prior law, no provision formally 43 31 established the fund. Section 51 of the bill provides that 43 32 the fees must be deposited into a fund as created in a new 43 33 section. Section 52 creates new section 206.12A which 43 34 provides for the establishment of the fund, provides that 43 35 moneys in the fund must only be used for purposes of enforcing 44 1 the provisions of chapter 206, and includes language common to 44 2 funds established in other places in the Code, including that 44 3 moneys in the fund are subject to audit by the auditor of 44 4 state, that the fund is subject to warrants by the director of 44 5 revenue and finance drawn upon written requisition of the 44 6 department responsible for administering the fund, that moneys 44 7 in the fund shall remain in the fund and shall not revert 44 8 pursuant to section 8.33, and that interest or earnings on 44 9 moneys deposited in the fund must be credited to the fund. 44 10 Sections 53 through 55 reestablish the marine fuel tax 44 11 fund. Prior to 1993, section 452A.79 provided for the deposit 44 12 of tax moneys derived from the sale of motor fuel used in 44 13 watercraft. The provisions establishing the fund and its uses 44 14 were contained in the same section. Section 53 amends section 44 15 452A.79 by eliminating reference to the general fund and 44 16 procedures required for collected moneys. It provides for the 44 17 deposit of moneys into the marine fuel tax fund as created in 44 18 the bill. Section 54 creates new section 452A.83 which 44 19 provides for the establishment of the fund, rewrites the use 44 20 requirements formally contained in section 452A.79, and 44 21 includes language common to funds established in other places 44 22 in the Code, including that moneys in the fund are subject to 44 23 audit by the auditor of state, that the fund is subject to 44 24 warrants by the director of revenue and finance drawn upon 44 25 written requisition of the department responsible for 44 26 administering the fund, that moneys in the fund shall remain 44 27 in the fund and shall not revert pursuant to section 8.33, and 44 28 that interest or earnings on moneys deposited in the fund must 44 29 be credited to the fund. Section 55 amends section 452A.84 44 30 which provides for the transfer of marine fuel tax receipts to 44 31 the general fund, by providing that the moneys must be 44 32 deposited in the marine fuel tax fund. 44 33 Section 56 amends section 455B.183, which was created in 44 34 the 1994 legislative session. Section 455B.183 provides for 44 35 fees imposed upon public water supply systems to be deposited 45 1 into a water quality protection fund which shall be used by 45 2 the department of natural resources for purposes of carrying 45 3 out the provisions relating to the administration, regulation, 45 4 and enforcement of the federal Safe Drinking Water Act, and 45 5 carrying out a program to assist water supply systems. 45 6 Section 455B.183A authorizes the department of natural 45 7 resources to adopt a schedule of fees which may be based on 45 8 the type and size of the community served by the system. The 45 9 bill eliminates that language and provides that the fee 45 10 schedule must be based on the number of persons serviced by 45 11 public water supply systems. 45 12 Section 57 amends section 455E.11 which provides for the 45 13 allocation of moneys from the groundwater protection fund. 45 14 The bill provides that moneys required to support toxic 45 15 cleanup days may be used to support the natural resources 45 16 geographic information system. 45 17 Section 58 provides for effective dates. Sections 45 18 providing the transfer of moneys from the water protection 45 19 fund and the wind erosion control fund, the hungry canyons 45 20 conference, and the use of unobligated moneys by the 45 21 department of agriculture and land stewardship to purchase 45 22 soil conservation equipment, and fees required to be 45 23 established for public water supply systems, take effect upon 45 24 enactment. Sections regarding the reestablishment of trust 45 25 funds take effect July 1, 1996. Sections regarding the 45 26 elimination of the position of the deputy secretary of 45 27 agriculture also take effect on July 1, 1996. 45 28 LSB 1992SA 76 45 29 da/sc/14.2
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