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Senate Study Bill 2033

Bill Text

PAG LIN
  1  1    Section 1.  1995 Iowa Acts, chapter 195, section 38, is
  1  2 amended to read as follows:
  1  3    SEC. 38.  INDEMNITY FEES – PRIOR PERMITTEES.
  1  4    1.  The indemnity fee imposed upon permittees pursuant to
  1  5 section 204.3, as enacted in this Act, shall be imposed upon
  1  6 all persons who have received a permit by the department of
  1  7 natural resources for the construction of a confinement
  1  8 feeding operation with a manure storage structure as defined
  1  9 in section 455B.161 204.1, as enacted in this Act, prior to
  1 10 the effective date of this Act.  However, an indemnity fee
  1 11 shall not be imposed upon a person the following persons:
  1 12    a.  A person who has received a construction permit more
  1 13 than ten years prior to the effective date of this Act.
  1 14    b.  A person who has received a construction permit within
  1 15 ten years prior to May 31, 1995, if the confinement feeding
  1 16 operation was not constructed under the permit and the permit
  1 17 has expired.
  1 18    2.  To every extent possible, the department shall notify
  1 19 all persons required to pay the fee.  The notice shall be in
  1 20 writing.  The department shall establish a date when the fees
  1 21 must be paid to the department, which shall be not less than
  1 22 three months after the delivery of the notice.  If a person is
  1 23 delinquent in paying the indemnity fee when due, or if upon
  1 24 examination, an underpayment of the fee is found by the
  1 25 department, the person is subject to a penalty of ten dollars
  1 26 or an amount equal to the amount of deficiency for each day of
  1 27 the delinquency, whichever is less.
  1 28    3.  After the date required for payment, the department
  1 29 shall transfer all outstanding claims to the department of
  1 30 agriculture and land stewardship.  The department of natural
  1 31 resources shall deliver to the department of agriculture and
  1 32 land stewardship the most current available information
  1 33 regarding the persons required to pay the fee and any
  1 34 delinquency penalty, including the names and addresses of the
  1 35 persons, and the capacity of the confinement feeding
  2  1 operations subject to the permit.  The department of
  2  2 agriculture and land stewardship, in cooperation with the
  2  3 attorney general, may bring a court action in order to collect
  2  4 indemnity fees and delinquency penalties required to be paid
  2  5 under this section.
  2  6    Sec. 2.  AMNESTY PERIOD.  Notwithstanding 1995 Iowa Acts,
  2  7 chapter 195, section 38, a person who has not paid an
  2  8 indemnity fee as required by that Act, as amended by this Act,
  2  9 shall not be subject to a delinquency penalty as provided in
  2 10 that Act, if the person pays the full amount of the indemnity
  2 11 fee to the department of agriculture and land stewardship on
  2 12 or before June 30, 1998, as required by the department.
  2 13    Sec. 3.  EFFECT OF THIS ACT.  Nothing in this Act requires
  2 14 the department of natural resources or the department of
  2 15 agriculture and land stewardship to refund an indemnity fee or
  2 16 delinquency penalty payment paid by permittees pursuant to
  2 17 1995 Iowa Acts, chapter 195, section 38.
  2 18    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
  2 19 immediate importance, takes effect upon enactment.  
  2 20                           EXPLANATION
  2 21    In 1995, the General Assembly enacted House File 519, which
  2 22 in part established Code chapter 204 creating a manure storage
  2 23 indemnity fund under the control of the department of
  2 24 agriculture and land stewardship.  The fund is supported by an
  2 25 indemnity fee assessed upon persons required to obtain a
  2 26 permit for the construction of a confinement feeding
  2 27 operation.  House File 519 also provided that the fee would be
  2 28 assessed on persons who received a permit from the department
  2 29 more than 10 years prior to the effective date of the Act.
  2 30 Fees were due not later than three months after receipt of a
  2 31 notice delivered to permittees.  This bill provides that the
  2 32 fee is not assessable if the confinement feeding operation was
  2 33 not constructed under the permit and the permit has expired.
  2 34 The bill also provides that a person who has not paid an
  2 35 indemnity fee is not subject to a delinquency penalty if the
  3  1 person pays the full amount of the indemnity fee to the
  3  2 department of agriculture and land stewardship on or before
  3  3 June 30, 1998, as required by the department.
  3  4    The Act takes effect upon enactment.  
  3  5 LSB 3597SC 77
  3  6 da/cf/24
     

Text: SSB02032                          Text: SSB02034
Text: SSB02000 - SSB02099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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