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House Journal: Page 1175: Monday, April 3, 1995

 4   enforcement action for a civil penalty subject to
 5   assessment and collection by the department of natural
 6   resources pursuant to section 455B.191; interest,
 7   property, and securities acquired through the use of
 8   moneys in the fund; or moneys contributed to the fund
 9   from other sources.
10     3.  The moneys collected under this section and
11   deposited in the fund shall be used exclusively to
12   indemnify a county for expenses related to removing
13   and disposing of manure from a manure storage
14   structure, and to pay the administrative costs of this
15   chapter.  The moneys in the fund are appropriated to
16   and for this purpose.  Moneys in the fund shall not be
17   subject to appropriation for any other purpose.
18     4.  The treasurer of state shall act as custodian
19   of the fund and disburse amounts contained in the fund
20   as directed by the department.  The treasurer of state
21   is authorized to invest the moneys deposited in the
22   fund.  The income from such investment shall be
23   credited to and deposited in the fund.
24   Notwithstanding section 8.33, moneys in the fund are
25   not subject to reversion.  The fund shall be
26   administered by the department which shall make
27   expenditures from the fund consistent with the
28   purposes set out in this chapter.  The moneys in the
29   fund shall be disbursed upon warrants drawn by the
30   director of revenue and finance pursuant to the order
31   of the department.  The fiscal year of the fund begins
32   July 1.  The finances of the fund shall be calculated
33   on an accrual basis in accordance with generally
34   accepted accounting principles.  The auditor of state
35   shall regularly perform audits of the fund.
36     Sec. ___.  NEW SECTION.  204.3  FEES.
37     1.  a.  A permittee shall pay an annual fee to the
38   department of agriculture and land stewardship which
39   shall be remitted to the department as provided in
40   rules adopted by the department.  The department shall
41   establish four payment dates each year beginning July
42   1 and which shall be three months apart.  A permittee
43   who has been issued a construction permit for a
44   confinement feeding operation prior to the effective
45   date of this Act shall pay the annual fee on a payment
46   date specified by the department, but not earlier than
47   the second payment date following the effective date
48   of this Act.  A permittee who has received a
49   construction permit on or after the effective date of
50   this Act shall make the full annual payment on the

Page 3

 1   second payment date after the construction permit is
 2   issued by the department.  A permittee shall pay the
 3   annual fee to the department on each anniversary of
 4   the payment date.  The department shall provide notice

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