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PAG LIN 1 1 Section 1. Section 204.1, subsections 4 and 9, Code 1997, 1 2 are amended to read as follows: 1 3 4. "Department" means the department ofagriculture and1 4land stewardshipnatural resources. 1 5 9. "Permittee" means a person who, pursuant to section 1 6 455B.173, obtains a permit for the construction of a manure 1 7 storage structure, or a confinement feeding operation, if a 1 8 manure storage structure is connected to the confinement 1 9 feeding operation. 1 10 Sec. 2. Section 204.2, subsection 2, Code 1997, is amended 1 11 to read as follows: 1 12 2. The fund consists of moneys from indemnity fees 1 13 remitted by permittees to the departmentof natural resources1 14and transferred to the department of agriculture and land1 15stewardshipas provided in section 204.3; delinquency 1 16 penalties; sums collected on behalf of the fund by the 1 17 department through legal action or settlement; moneys required 1 18 to be repaid to the department by a county pursuant to this 1 19 chapter; civil penalties assessed and collected by the 1 20 departmentof natural resourcesor the attorney general 1 21 pursuant to chapter 455B, againstpermitteesanimal feeding 1 22 operations; moneys paid as a settlement involving an 1 23 enforcement action for a civil penalty subject to assessment 1 24 and collection against permittees by the departmentof natural1 25resourcesor the attorney general pursuant to chapter 455B; 1 26 interest, property, and securities acquired through the use of 1 27 moneys in the fund; or moneys contributed to the fund from 1 28 other sources. 1 29 Sec. 3. Section 204.3, unnumbered paragraph 2, Code 1997, 1 30 is amended to read as follows: 1 31 The departmentof natural resourcesshall deposit moneys 1 32 collected from the fees into the fund according to procedures 1 33 adopted by the departmentof agriculture and land stewardship. 1 34 Sec. 4. 1995 Iowa Acts, chapter 195, section 38, is 1 35 amended to read as follows: 2 1 SEC. 38. INDEMNITY FEES – PRIOR PERMITTEES. 2 2 1. The indemnity fee imposed upon permittees pursuant to 2 3 section 204.3, as enacted in this Act, shall be imposed upon 2 4 all persons who have received a permit by the department of 2 5 natural resources for the construction of a confinement 2 6 feeding operation with a manure storage structure as defined 2 7 in section455B.161204.1, as enacted in this Act, prior to 2 8 the effective date of this Act. However, an indemnity fee 2 9 shall not be imposed upona personthe following persons: 2 10 a. A person who has received a construction permit more 2 11 than ten years prior to the effective date of this Act. 2 12 b. A person who has received a construction permit within 2 13 ten years prior to May 31, 1995, if the confinement feeding 2 14 operation was not constructed under the permit and the permit 2 15 has expired. 2 16 2. To every extent possible, the department of natural 2 17 resources shall notify all persons required to pay the fee. 2 18 The notice shall be in writing. The department shall 2 19 establish a date when the fees must be paid to the department, 2 20 which shall be not less than three months after the delivery 2 21 of the notice. If a person is delinquent in paying the 2 22 indemnity fee when due, or if upon examination, an 2 23 underpayment of the fee is found by the department, the person 2 24 is subject to a penalty of ten dollars or an amount equal to 2 25 the amount of deficiency for each day of the delinquency, 2 26 whichever is less.After the date required for payment, the2 27department shall transfer all outstanding claims to the2 28department of agriculture and land stewardship.2 29 3. The department of natural resources shalldeliver to2 30 receive from the department of agriculture and land 2 31 stewardship the most current available information regarding 2 32 the persons required to pay the fee and any delinquency 2 33 penalty, including the names and addresses of the persons, and2 34the capacity of the confinement feeding operations subject to2 35the permit. The department may reduce or waive a delinquency 3 1 penalty upon a finding that the assessment of the delinquency 3 2 penalty would impose a substantial hardship on the person 3 3 required to pay the delinquency penalty. The department of 3 4agriculture and land stewardshipnatural resources, in 3 5 cooperation with the attorney general, may bring a court 3 6 action in order to collect indemnity fees and delinquency 3 7 penalties required to be paid under this section. 3 8 Sec. 5. AMNESTY PERIOD. Notwithstanding 1995 Iowa Acts, 3 9 chapter 195, section 38, a person who has not paid an 3 10 indemnity fee as required by that Act, as amended by this Act, 3 11 shall not be subject to a delinquency penalty as provided in 3 12 that Act, if the person pays the full amount of the indemnity 3 13 fee to the department of agriculture and land stewardship on 3 14 or before October 1, 1998, as required by the department. 3 15 Sec. 6. EFFECT OF THIS ACT. Nothing in this Act requires 3 16 the department of natural resources or the department of 3 17 agriculture and land stewardship to refund an indemnity fee or 3 18 delinquency penalty payment paid by permittees pursuant to 3 19 1995 Iowa Acts, chapter 195, section 38. 3 20 Sec. 7. DIRECTIONS TO IOWA CODE EDITOR. The Iowa Code 3 21 editor is directed to transfer chapter 204, as amended by this 3 22 Act, to new chapter 456 or another chapter determined 3 23 appropriate by the Iowa Code editor. The Iowa Code editor 3 24 shall correct internal references as necessary. 3 25 Sec. 8. EFFECTIVE DATE. This Act, being deemed of 3 26 immediate importance, takes effect upon enactment. 3 27 EXPLANATION 3 28 In 1995, the General Assembly enacted House File 519, which 3 29 in part established Code chapter 204 creating a manure storage 3 30 indemnity fund under the control of the department of 3 31 agriculture and land stewardship. The fund is supported by an 3 32 indemnity fee assessed upon persons required to obtain a 3 33 permit for the construction of a confinement feeding 3 34 operation. House File 519 also provided that the fee would be 3 35 assessed on persons who received a permit from the department 4 1 more than 10 years prior to the effective date of the Act. 4 2 Fees were due not later than three months after receipt of a 4 3 notice delivered to permittees. This bill transfers 4 4 responsibility for administering the fund to the department of 4 5 natural resources. This bill provides that the indemnity fee 4 6 is not assessable if the confinement feeding operation was not 4 7 constructed under the permit and the permit has expired. The 4 8 bill also provides that a person who has not paid an indemnity 4 9 fee is not subject to a delinquency penalty if the person pays 4 10 the full amount of the indemnity fee to the department of 4 11 agriculture and land stewardship on or before June 30, 1998, 4 12 as required by the department. The Code editor is directed to 4 13 move chapter 204 to a new chapter closer to chapters governing 4 14 the department of natural resources. 4 15 The Act takes effect upon enactment. 4 16 LSB 3597SV 77 4 17 da/cf/24
Text: SF02272 Text: SF02274 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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