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House Journal: Page 1181: Monday, April 3, 1995

Page 3

 1   date of this Act shall pay the annual fee on a payment
 2   date specified by the department, but not earlier than
 3   the second payment date following the effective date
 4   of this Act.  A permittee who has received a
 5   construction permit on or after the effective date of
 6   this Act shall make the full annual payment on the
 7   second payment date after the construction permit is
 8   issued by the department.  A permittee shall pay the
 9   annual fee to the department on each anniversary of
10   the payment date.  The department shall provide notice
11   in writing to a permittee within one month prior to
12   the permittee's payment date.
13     b.  The annual fee shall equal five cents per
14   animal unit of capacity for confinement feeding
15   operations housing poultry and twelve and one-half
16   cents per animal unit of capacity for confinement
17   feeding operations housing other species of animals.
18   The fee shall not be paid, if the confinement feeding
19   operation does not house any animals or store manure
20   for three consecutive months prior to the permittee's
21   payment date.  If the animal feeding operation again
22   houses animals or stores manure, the permittee shall
23   pay the department by the next payment date and
24   subsequently on each anniversary of that payment date.
25   The permittee shall notify the department if a fee is
26   not owing within one month prior to the permittee's
27   payment date.
28     c.  A permittee is delinquent if the permittee
29   fails to submit the full fee when due, or if an
30   underpayment of the fee is found by the department.
31   The permittee is subject to a penalty of ten dollars
32   or an amount equal to the amount of the deficiency for
33   each day the permittee is delinquent, whichever is
34   less.
35     3.  If, on March 1, the moneys of the fund, less
36   the department's estimate of the costs to the fund for
37   pending or unsettled claims, exceed five hundred
38   thousand dollars, the annual fee payable pursuant to
39   subsection 2 shall be waived.  The department may
40   reinstate the annual fee if the moneys in the fund,
41   less the department's estimate of costs to the fund
42   for pending or unsettled claims, are less than four
43   hundred thousand dollars.  The department shall
44   reinstate the annual fee if moneys in the fund, less
45   the department's estimate of the costs to the fund for
46   pending or unsettled claims, are less than three
47   hundred fifty thousand dollars.  A permittee who does
48   not make payment on or after July 1 of each fiscal
49   year shall pay the fee on the next payment date, but
50   not before one month prior to the next payment date.

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index Index: House Journal (76th General Assembly: Session 1)

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