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House Journal: Page 1180: Monday, April 3, 1995

49   department through legal action or settlement; moneys
50   required to be repaid to the department by a county

Page 2  

 1   pursuant to this chapter; civil penalties assessed and
 2   collected by the department of natural resources
 3   pursuant to section 455B.191, against persons required
 4   to obtain a permit for the construction of a
 5   confinement feeding operation; moneys paid as a
 6   settlement involving an enforcement action for a civil
 7   penalty subject to assessment and collection by the
 8   department of natural resources pursuant to section
 9   455B.191; interest, property, and securities acquired
10   through the use of moneys in the fund; or moneys
11   contributed to the fund from other sources.
12     3.  The moneys collected under this section and
13   deposited in the fund shall be used exclusively to
14   indemnify a county for expenses related to removing
15   and disposing of manure from a manure storage
16   structure, and to pay the administrative costs of this
17   chapter.  The moneys in the fund are appropriated to
18   and for this purpose.  Moneys in the fund shall not be
19   subject to appropriation for any other purpose.
20     4.  The treasurer of state shall act as custodian
21   of the fund and disburse amounts contained in the fund
22   as directed by the department.  The treasurer of state
23   is authorized to invest the moneys deposited in the
24   fund.  The income from such investment shall be
25   credited to and deposited in the fund.
26   Notwithstanding section 8.33, moneys in the fund are
27   not subject to reversion.  The fund shall be
28   administered by the department which shall make
29   expenditures from the fund consistent with the
30   purposes set out in this chapter.  The moneys in the
31   fund shall be disbursed upon warrants drawn by the
32   director of revenue and finance pursuant to the order
33   of the department.  The fiscal year of the fund begins
34   July 1.  The finances of the fund shall be calculated
35   on an accrual basis in accordance with generally
36   accepted accounting principles.  The auditor of state
37   shall regularly perform audits of the fund.
38     Sec. ___.  NEW SECTION.  204.3  FEES.
39     1.  The department of natural resources shall
40   deposit into the fund fees collected for the issuance
41   of permits for the construction of confinement feeding
42   operations as provided in section 455B.173.
43     2.  a.  A permittee shall pay an annual fee to the
44   department of agriculture and land stewardship which
45   shall be remitted to the department as provided in
46   rules adopted by the department.  The department shall
47   establish four payment dates each year beginning July
48   1 and which shall be three months apart.  A permittee
49   who has been issued a construction permit for a
50   confinement feeding operation prior to the effective

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