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House Journal: Page 1533: Monday, April 13, 1998

39   than three months after the delivery of the notice.
40   If a person is delinquent in paying the indemnity fee
41   when due, or if upon examination, an underpayment of
42   the fee is found by the department, the person is
43   subject to a penalty of ten dollars or an amount equal
44   to the amount of deficiency for each day of the
45   delinquency, whichever is less.  After the date
46   required for payment, the department shall transfer
47   all outstanding claims to the department of
48   agriculture and land stewardship.
49     3.  The department of natural resources shall
50   deliver to receive from the department of
agriculture

Page  37

 1   and land stewardship the most current available
 2   information regarding the persons required to pay the
 3   fee and any delinquency penalty, including the names
 4   and addresses of the persons, and the capacity of the
 5   confinement feeding operations subject to the permit.
 6   The department of agriculture and land stewardship
 7   natural resources, in cooperation with the attorney
 8   general, may bring a court action in order to collect
 9   indemnity fees and delinquency penalties required to
10   be paid under this section.
11     Sec. 42.  AMNESTY PERIOD.  Notwithstanding 1995
12   Iowa Acts, chapter 195, section 38, a person who has
13   not paid an indemnity fee as required by that Act, as
14   amended by this Act, shall not be subject to a
15   delinquency penalty as provided in that Act, if the
16   person pays the full amount of the indemnity fee to
17   the department of agriculture and land stewardship on
18   or before December 31, 1998, as required by the
19   department.
20     Sec. 43.  EFFECT OF THIS ACT - REFUND.  Nothing in
21   this Act requires the department of natural resources
22   or the department of agriculture and land stewardship
23   to refund an indemnity fee or delinquency penalty
24   payment paid by permittees pursuant to 1995 Iowa Acts,
25   chapter 195, section 38.
26     Sec. 44.  INDEMNITY FEES - PRIOR MANURE MANAGEMENT
27   PLAN SUBMITTEES.
28     1.  The indemnity fee imposed upon persons required
29   to submit a manure management plan pursuant to section
30   204.3A, as enacted in this Act, shall be imposed upon
31   all persons who are required to submit a manure
32   management plan under section 455B.203 as amended in
33   this Act.  However, a fee shall not be imposed upon a
34   person who was not required to submit a manure
35   management plan to the department of natural resources
36   pursuant to 1995 Iowa Acts, chapter 195, and 567 IAC
37   section 65.18(455B).
38     2.  To every extent possible, the department shall

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