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House Journal: Page 1498: Monday, April 13, 1998

39   resources and transferred to the department of
40   agriculture and land stewardship as provided in
41   section 204.3; moneys from indemnity fees remitted by
42   persons required to submit manure management plans to
43   the department pursuant to section 204.3A; sums
44   collected on behalf of the fund by the department
45   through legal action or settlement; moneys required to
46   be repaid to the department by a county pursuant to
47   this chapter; civil penalties assessed and collected
48   by the department of natural resources or the
attorney
49   general pursuant to chapter 455B, against permittees
50   animal feeding operations; moneys paid as a settlement

Page 2  

 1   involving an enforcement action for a civil penalty
 2   subject to assessment and collection against
 3   permittees by the department of natural resources or
 4   the attorney general pursuant to chapter 455B;
 5   interest, property, and securities acquired through
 6   the use of moneys in the fund; or moneys contributed
 7   to the fund from other sources.
 8     3.  The moneys collected under this section and
 9   shall be deposited in the fund and shall be
10   appropriated to the department for the exclusive
11   purpose of indemnifying a county for expenses related
12   to cleaning up the site of the confinement feeding
13   operation, including removing and disposing of manure
14   from a manure storage structure providing moneys for
15   cleanup of abandoned facilities as provided in section
16   204.4, and to pay the department for costs related to
17   administering the provisions of this chapter.  For
18   each fiscal year, the department shall not use more
19   than one percent of the total amount which is
20   available in the fund or ten thousand dollars,
21   whichever is less, to pay for the costs of
22   administration.  Moneys in the fund shall not be
23   subject to appropriation or expenditure for any other
24   purpose than provided in this section.
25     5.  The following shall apply to moneys in the
26   fund:
27     a.  On August 31 following the close of each fiscal
28   year, moneys in the fund which are not obligated or
29   encumbered on June 30 of the past fiscal year, less
30   not counting the department's estimate of the cost to
31   the fund for pending or unsettled claims and any
32   amount required to be credited to the general fund of
33   the state under this subsection, and which are in
34   excess of one three million dollars, shall be
35   deposited in the organic nutrient management fund as
36   created in section 161C.5 for purposes of supporting
37   the organic nutrient management program.
38     b.  The executive council may allocate moneys from

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Last update: Tue Apr 14 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01400/01498.html
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