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39 the general fund of the state as provided in section 40 7D.10A in an amount necessary to support the fund, 41 including payment of claims as provided in section 42 204.4. However, an allocation of moneys from the 43 general fund of the state shall be made only if the 44 amount of moneys in the fund, which are not obligated 45 or encumbered, and not counting the department's 46 estimate of the cost to the fund for pending or 47 unsettled claims and any amount required to be 48 credited to the general fund of the state under this 49 subsection, is less than one million dollars. 50 c. The department shall credit an amount to the Page 3 1 general fund of the state which is equal to an amount 2 allocated to the fund by the executive council under 3 paragraph "b". The department shall credit the moneys 4 to the general fund of the state, if the moneys in the 5 fund which are not obligated or encumbered, and not 6 counting the department's estimate of the cost to the 7 fund for pending or unsettled claims and any amount 8 required to be transferred to the general fund under 9 this paragraph, are in excess of two million five 10 hundred thousand dollars. The department is not 11 required to credit the total amount to the general 12 fund of the state during any one fiscal year. 13 Sec. 4. Section 204.3, Code 1997, is amended to 14 read as follows: 15 204.3 FEES. 16 An indemnity fee shall be assessed upon permittees 17 which shall be paid to and collected by the department 18of natural resources, prior to issuing a permit for 19 the construction of a confinement feeding operation as 20 provided in section455B.173455B.200A. The amount of 21 the fees shall be based on the following: 22 1. If the confinement feeding operation has an 23 animal weight capacity of less than six hundred 24 twenty-five thousand pounds, the following shall 25 apply: 26 a. For all animals other than poultry, the amount 27 of the fee shall befiveten cents per animal unit of 28 capacity for confinement feeding operations. 29 b. For poultry, the amount of the fee shall betwo30 four cents per animal unit of capacity for confinement 31 feeding operations. 32 2. If the confinement feeding operation has an 33 animal weight capacity of six hundred twenty-five 34 thousand or more pounds but less than one million two 35 hundred fifty thousand pounds, the following shall 36 apply: 37 a. For all animals other than poultry, the amount 38 of the fee shall beseven and one-halffifteen cents
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