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House Journal: Page 1182: Monday, April 3, 1995

Page 4

 1   However, a delayed payment shall not change a
 2   permittee's payment date anniversary.
 3     4.  The department of natural resources shall
 4   provide the department of agriculture and land
 5   stewardship the most current available information
 6   regarding the names and addresses of permittees,
 7   including the capacity of the confinement feeding
 8   operations subject to the permit.  The information
 9   shall be delivered every three months according to
10   procedures established by the department.
11     Sec. ___.  NEW SECTION.  204.4  COLLECTION.
12     The department, in cooperation with the attorney
13   general, may bring an action in court in order to
14   collect fees required to be paid as provided in
15   section 204.3.
16     Sec. ___.  NEW SECTION.  204.5  CLAIMS AGAINST THE
17   FUND.
18     1.  A county that has acquired real estate
19   containing a manure storage structure following
20   nonpayment of taxes pursuant to section 446.19 may
21   make a claim against the fund to pay the costs of
22   removing and disposing of the manure located in a
23   manure storage structure on the real estate.  Each
24   claim shall include a bid by a qualified person, other
25   than a governmental entity, to remove and dispose of
26   the manure for a fixed amount specified in the bid.
27     2.  The department shall determine if a claim is
28   eligible to be satisfied under this section, and do
29   one of the following:
30     a.  Pay the fixed amount specified in the bid
31   submitted by the county upon completion of the work.
32     b.  Obtain a lower fixed amount bid for the work
33   from another qualified person, other than a
34   governmental entity, and pay the fixed amount in this
35   bid upon completion of the work.  The department is
36   not required to comply with section 18.6 in
37   implementing this section.
38     3.  Upon a determination that the claim is eligible
39   for payment, the department shall provide for payment
40   of one hundred percent of the claim, as provided in
41   this section.  If at any time the department
42   determines that there are insufficient moneys to make
43   payment of all claims, the department shall pay claims
44   according to the date that the claims are received by
45   the department.  To the extent that a claim cannot be
46   fully satisfied, the department shall order that the
47   unpaid portion of the payment be deferred until the
48   claim can be satisfied.  However, the department shall
49   not satisfy claims from moneys dedicated for the
50   administration of the fund.

Page 5

 1     4.  In the event of payment of a claim under this

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