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House File 725

Partial Bill History

Bill Text

PAG LIN
  1  1                                         HOUSE FILE 725
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO AND MAKING APPROPRIATIONS INVOLVING STATE
  1  5    GOVERNMENT, INCLUDING PROVISIONS AFFECTING AGRICULTURE AND
  1  6    NATURAL RESOURCES, PROVIDING FOR FEES, AND PROVIDING AN
  1  7    EFFECTIVE DATE.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11                           DIVISION I
  1 12         DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
  1 13    Section 1.  GENERAL DEPARTMENT APPROPRIATION.  There is
  1 14 appropriated from the general fund of the state to the
  1 15 department of agriculture and land stewardship for the fiscal
  1 16 year beginning July 1, 2001, and ending June 30, 2002, the
  1 17 following amounts, or so much thereof as is necessary, to be
  1 18 used for the purposes designated:
  1 19    1.  ADMINISTRATIVE DIVISION
  1 20    a.  For salaries, support, maintenance, and miscellaneous
  1 21 purposes, and for the salaries and support of not more than
  1 22 the following full-time equivalent positions:  
  1 23 .................................................. $  2,327,448
  1 24 ............................................... FTEs      47.33
  1 25    (1)  Of the amount appropriated in this paragraph "a", at
  1 26 least $87,000 shall be used to support livestock market news
  1 27 reporting, including the support of 1.00 FTE to provide for
  1 28 six part-time staff positions on a contract basis.
  1 29    (2)  Of the amount appropriated and full-time equivalent
  1 30 positions authorized in this paragraph "a", at least $70,000
  1 31 and 1.00 FTE shall be allocated to support the state apiarist
  1 32 in administering the provisions of chapter 160.
  1 33    b.  For deposit in the international relations fund created
  1 34 in section 159.21 to carry out the purposes of that fund:  
  1 35 .................................................. $     20,151
  2  1    c.  For the purpose of performing commercial feed audits:  
  2  2 .................................................. $     71,871
  2  3    d.  For the purpose of performing fertilizer audits:  
  2  4 .................................................. $     71,873
  2  5    2.  REGULATORY DIVISION
  2  6    a.  For salaries, support, maintenance, and miscellaneous
  2  7 purposes, and for not more than the following full-time
  2  8 equivalent positions:  
  2  9 .................................................. $  4,446,344
  2 10 ............................................... FTEs     124.00
  2 11    b.  For the costs of inspection, sampling, analysis, and
  2 12 other expenses necessary for the administration of chapters
  2 13 192 and 194:  
  2 14 .................................................. $    677,829
  2 15    3.  LABORATORY DIVISION
  2 16    a.  For salaries, support, maintenance, and miscellaneous
  2 17 purposes, and for not more than the following full-time
  2 18 equivalent positions:  
  2 19 .................................................. $    891,354
  2 20 ............................................... FTEs      84.00
  2 21    Of the amount appropriated and full-time equivalent
  2 22 positions authorized in this paragraph "a", at least $80,000
  2 23 and 4.00 FTEs shall be allocated to support a program relating
  2 24 to the detection, surveillance, and eradication of the gypsy
  2 25 moth.  The allocation of moneys shall be made before other
  2 26 moneys appropriated in this paragraph "a" are allocated.
  2 27    b.  For the operations of the commercial feed programs:  
  2 28 .................................................. $    811,240
  2 29    c.  For the operations of the pesticide programs:  
  2 30 .................................................. $    996,627
  2 31    d.  For the operations of the fertilizer programs:  
  2 32 .................................................. $    537,170
  2 33    4.  SOIL CONSERVATION DIVISION
  2 34    For salaries, support, maintenance, assistance to soil
  2 35 conservation districts, and miscellaneous purposes, and for
  3  1 not more than the following full-time equivalent positions:  
  3  2 .................................................. $  6,862,875
  3  3 ............................................... FTEs     194.11
  3  4    a.  Of the amount appropriated in this subsection, $268,376
  3  5 shall be used to reimburse commissioners of soil and water
  3  6 conservation districts for administrative expenses, including,
  3  7 but not limited to, travel expenses and technical training.
  3  8 Moneys used for the payment of meeting dues by counties shall
  3  9 be matched on a dollar-for-dollar basis by the soil
  3 10 conservation division.
  3 11    b.  Of the amount appropriated in this subsection, $44,000
  3 12 shall be used to support inspections for noncoal mining
  3 13 operations.
  3 14    Sec. 2.  FARMERS' MARKET COUPON PROGRAM.  There is
  3 15 appropriated from the general fund of the state to the
  3 16 department of agriculture and land stewardship for the fiscal
  3 17 year beginning July 1, 2001, and ending June 30, 2002, the
  3 18 following amount, or so much thereof as is necessary, to be
  3 19 used for the purposes designated:
  3 20    For salaries, support, maintenance, and miscellaneous
  3 21 purposes, to be used by the department to continue and expand
  3 22 the farmers' market coupon program by providing federal
  3 23 special supplemental food program recipients with coupons
  3 24 redeemable at farmers' markets, and for not more than the
  3 25 following full-time equivalent positions:  
  3 26 .................................................. $    304,680
  3 27 ............................................... FTEs       2.00
  3 28                           DIVISION II
  3 29                 DEPARTMENT OF NATURAL RESOURCES
  3 30                     GENERAL APPROPRIATIONS
  3 31    Sec. 3.  GENERAL DEPARTMENT APPROPRIATIONS.  There is
  3 32 appropriated from the general fund of the state to the
  3 33 department of natural resources for the fiscal year beginning
  3 34 July 1, 2001, and ending June 30, 2002, the following amounts,
  3 35 or so much thereof as is necessary, to be used for the
  4  1 purposes designated:
  4  2    1.  ADMINISTRATIVE AND SUPPORT SERVICES
  4  3    For salaries, support, maintenance, and miscellaneous
  4  4 purposes, and for not more than the following full-time
  4  5 equivalent positions:  
  4  6 .................................................. $  2,052,531
  4  7 ............................................... FTEs     118.25
  4  8    2.  PARKS AND PRESERVES DIVISION
  4  9    For salaries, support, and maintenance of personnel and
  4 10 programs relating to water access development, all state parks
  4 11 as they existed on April 1, 2001, recreation areas, and state
  4 12 preserves, and for related miscellaneous purposes, and for not
  4 13 more than the following full-time equivalent positions:  
  4 14 .................................................. $  5,983,100
  4 15 ............................................... FTEs     195.73
  4 16    The department shall use moneys collected by the department
  4 17 resulting from that portion of fees designated for the use of
  4 18 state parks and recreation areas and associated facilities or
  4 19 services that were increased by the natural resource
  4 20 commission in 2000 exclusively for the purpose of keeping open
  4 21 all state parks as they existed on April 1, 2001.  
  4 22    3.  FORESTS AND PRAIRIES DIVISION
  4 23    For salaries, support, maintenance, miscellaneous purposes,
  4 24 and for not more than the following full-time equivalent
  4 25 positions:  
  4 26 .................................................. $  1,765,460
  4 27 ............................................... FTEs      53.71
  4 28    4.  ENERGY AND GEOLOGICAL RESOURCES DIVISION
  4 29    For salaries, support, maintenance, and miscellaneous
  4 30 purposes, and for not more than the following full-time
  4 31 equivalent positions:  
  4 32 .................................................. $  1,704,683
  4 33 ............................................... FTEs      59.00
  4 34    5.  ENVIRONMENTAL PROTECTION DIVISION
  4 35    For salaries, support, maintenance, miscellaneous purposes,
  5  1 and for not more than the following full-time equivalent
  5  2 positions:  
  5  3 .................................................. $  4,612,753
  5  4 ............................................... FTEs     226.50
  5  5    6.  FISH AND WILDLIFE DIVISION
  5  6    For not more than the following full-time equivalent
  5  7 positions:  
  5  8 ............................................... FTEs     356.18
  5  9    Of the number of full-time equivalent positions authorized
  5 10 in this subsection, at least 3.00 FTEs shall be dedicated to
  5 11 supporting prairie seed harvest initiatives.
  5 12    7.  WASTE MANAGEMENT ASSISTANCE DIVISION
  5 13    For not more than the following full-time equivalent
  5 14 positions:  
  5 15 ............................................... FTEs      53.75
  5 16    Sec. 4.  STATE FISH AND GAME PROTECTION FUND –
  5 17 APPROPRIATION TO THE DIVISION OF FISH AND WILDLIFE.
  5 18    1.  a.  There is appropriated from the state fish and game
  5 19 protection fund to the division of fish and wildlife of the
  5 20 department of natural resources for the fiscal year beginning
  5 21 July 1, 2001, and ending June 30, 2002, the following amount,
  5 22 or so much thereof as is necessary, to be used for the
  5 23 purposes designated:
  5 24    For administrative support, and for salaries, support,
  5 25 maintenance, equipment, and miscellaneous purposes:  
  5 26 .................................................. $ 26,383,240
  5 27    b.  The department may use moneys appropriated in paragraph
  5 28 "a", as is necessary to provide compensation to conservation
  5 29 peace officers employed in a protection occupation who retire,
  5 30 pursuant to section 97B.49B.
  5 31    2.  The department shall not expend more moneys from the
  5 32 fish and game protection fund than provided in this section,
  5 33 unless the expenditure derives from contributions made by a
  5 34 private entity, or a grant or moneys received from the federal
  5 35 government, and is approved by the natural resource
  6  1 commission.  The department of natural resources shall
  6  2 promptly notify the legislative fiscal bureau and the
  6  3 chairpersons and ranking members of the joint appropriations
  6  4 subcommittee on agriculture and natural resources concerning
  6  5 the commission's approval.  
  6  6                          DIVISION III
  6  7              RELATED TRANSFERS AND APPROPRIATIONS
  6  8                 DEPARTMENT OF NATURAL RESOURCES
  6  9    Sec. 5.  SNOWMOBILE FEES – TRANSFER FOR ENFORCEMENT
  6 10 PURPOSES.  There is transferred on July 1, 2001, from the fees
  6 11 deposited under section 321G.7 to the fish and game protection
  6 12 fund and appropriated to the department of natural resources
  6 13 for the fiscal year beginning July 1, 2001, and ending June
  6 14 30, 2002, the following amount, or so much thereof as is
  6 15 necessary, to be used for the purpose designated:
  6 16    For enforcing snowmobile laws as part of the state
  6 17 snowmobile program administered by the department of natural
  6 18 resources:  
  6 19 .................................................. $    100,000
  6 20    Sec. 6.  VESSEL FEES – TRANSFER FOR ENFORCEMENT PURPOSES.
  6 21 There is transferred on July 1, 2001, from the fees deposited
  6 22 under section 462A.52 to the fish and game protection fund and
  6 23 appropriated to the natural resource commission for the fiscal
  6 24 year beginning July 1, 2001, and ending June 30, 2002, the
  6 25 following amount, or so much thereof as is necessary, to be
  6 26 used for the purpose designated:
  6 27    For the administration and enforcement of navigation laws
  6 28 and water safety:  
  6 29 .................................................. $  1,400,000
  6 30    Notwithstanding section 8.33, moneys transferred and
  6 31 appropriated in this section that remain unencumbered or
  6 32 unobligated at the close of the fiscal year shall not revert
  6 33 to the credit of the fish and game protection fund but shall
  6 34 be credited to the special conservation fund established by
  6 35 section 462A.52 to be used as provided in that section.  
  7  1                           DIVISION IV
  7  2                     SPECIAL APPROPRIATIONS
  7  3                 DEPARTMENT OF NATURAL RESOURCES
  7  4    Sec. 7.  MARINE FUEL TAX RECEIPTS – BOATING FACILITIES.
  7  5 There is appropriated from the marine fuel tax receipts
  7  6 deposited in the general fund of the state to the department
  7  7 of natural resources for the fiscal year beginning July 1,
  7  8 2001, and ending June 30, 2002, the following amount, or so
  7  9 much thereof as is necessary, to be used for the purposes
  7 10 designated:
  7 11    For purposes of maintaining and developing boating
  7 12 facilities and access to public waters by the parks and
  7 13 preserves division:  
  7 14 .................................................. $    411,311
  7 15    Sec. 8.  REVENUE ADMINISTERED BY THE IOWA COMPREHENSIVE
  7 16 UNDERGROUND STORAGE TANK FUND BOARD.  There is appropriated
  7 17 from the unassigned revenue fund administered by the Iowa
  7 18 comprehensive underground storage tank fund board, to the
  7 19 department of natural resources for the fiscal year beginning
  7 20 July 1, 2001, and ending June 30, 2002, the following amount,
  7 21 or so much thereof as is necessary, to be used for the purpose
  7 22 designated:
  7 23    For administration expenses of the underground storage tank
  7 24 section of the department of natural resources:  
  7 25 .................................................. $     75,000
  7 26    Sec. 9.  GROUNDWATER PROTECTION FUND.
  7 27    1.  Notwithstanding section 455E.11, subsection 2,
  7 28 paragraph "b", subparagraph (3), subparagraph subdivision (a),
  7 29 of the remaining moneys appropriated from the agricultural
  7 30 management account of the groundwater protection fund that
  7 31 would otherwise be used to support the Leopold center for
  7 32 sustainable agriculture at Iowa state university of science
  7 33 and technology, there is appropriated for the fiscal year
  7 34 beginning July 1, 2001, and ending June 30, 2002, the
  7 35 following amounts to be used for the purposes designated:
  8  1    a.  To the department of agriculture and land stewardship
  8  2 for salaries, support, maintenance, and miscellaneous purposes
  8  3 of the department's laboratory division in administering the
  8  4 operations of pesticide programs:  
  8  5 .................................................. $    100,000
  8  6    b.  To the department of natural resources for salaries,
  8  7 support, maintenance, and miscellaneous purposes of the
  8  8 department's environmental protection division:  
  8  9 .................................................. $    250,000
  8 10    2.  The moneys appropriated in subsection 1, paragraphs "a"
  8 11 and "b" shall first be appropriated to the department of
  8 12 agriculture and land stewardship and then to the department of
  8 13 natural resources prior to moneys appropriated to support the
  8 14 Leopold center for sustainable agriculture at Iowa state
  8 15 university of science and technology as otherwise provided in
  8 16 section 455E.11, subsection 2, paragraph "b", subparagraph
  8 17 (3), subparagraph subdivision (a).
  8 18    Sec. 10.  FORESTRY MANAGEMENT AND ENHANCEMENT FUND.
  8 19 Notwithstanding section 456A.21, there is appropriated from
  8 20 the forestry management and enhancement fund to the department
  8 21 of agriculture and land stewardship for the fiscal year
  8 22 beginning July 1, 2001, and ending June 30, 2002, the
  8 23 following amount, or so much thereof as is necessary, to be
  8 24 used for the purposes designated:
  8 25    For purposes of supporting the department's laboratory
  8 26 division in administering a program relating to the detection,
  8 27 surveillance, and eradication of the gypsy moth:  
  8 28 .................................................. $     40,000
  8 29    Sec. 11.  STORMWATER DISCHARGE PERMIT FEES.
  8 30 Notwithstanding any provision of state law, there is
  8 31 appropriated from moneys collected in fees required to be paid
  8 32 to the department of natural resources for issuing stormwater
  8 33 discharge permits pursuant to section 455B.103 that are
  8 34 unobligated and unencumbered on June 30, 2001, to the
  8 35 department for the fiscal year beginning July 1, 2001, and
  9  1 ending June 30, 2002, the following amounts, or so much
  9  2 thereof as are necessary, to be used for the purposes
  9  3 designated:
  9  4    1.  For salaries, support, maintenance, and miscellaneous
  9  5 purposes of the department's energy and geological resources
  9  6 division:  
  9  7 .................................................. $    250,000
  9  8    2.  For salaries, support, maintenance, and miscellaneous
  9  9 purposes of the department's environmental protection
  9 10 division:  
  9 11 .................................................. $    200,000
  9 12    Sec. 12.  HAZARDOUS SUBSTANCE REMEDIAL FUND.
  9 13 Notwithstanding any provision of state law, there is
  9 14 appropriated from the hazardous substance remedial fund as
  9 15 created in section 455B.423 to the department of natural
  9 16 resources for the fiscal year beginning July 1, 2001, and
  9 17 ending June 30, 2002, the following amount, or so much thereof
  9 18 as is necessary, to be used for the purpose designated:
  9 19    For payment of the department's workers' compensation
  9 20 insurance premium:  
  9 21 .................................................. $     73,606
  9 22    Sec. 13.  FLOODPLAIN PERMIT BACKLOG.  Notwithstanding any
  9 23 provision of state law, for the fiscal year beginning July 1,
  9 24 2001, and ending June 30, 2002, the department of natural
  9 25 resources may use additional funds available to the department
  9 26 from stormwater discharge permit fees for the staffing of the
  9 27 following additional full-time staff members to reduce the
  9 28 department's floodplain permit backlog:  
  9 29 ............................................... FTEs       2.00
  9 30    Sec. 14.  IMPLEMENTATION OF THE FEDERAL TOTAL MAXIMUM DAILY
  9 31 LOAD PROGRAM.  Notwithstanding any contrary provision of state
  9 32 law, for the fiscal year beginning July 1, 2001, and ending
  9 33 June 30, 2002, the department of natural resources may use
  9 34 additional funds available to the department from stormwater
  9 35 discharge permit fees for the staffing of the following
 10  1 additional full-time equivalent positions for implementation
 10  2 of the federal total maximum daily load program:  
 10  3 ............................................... FTEs       2.00
 10  4                     SPECIAL APPROPRIATIONS
 10  5                   ANIMAL HEALTH AND INDUSTRY
 10  6    Sec. 15.  HORSE AND DOG RACING.  There is appropriated from
 10  7 the moneys available under section 99D.13 to the regulatory
 10  8 division of the department of agriculture and land stewardship
 10  9 for the fiscal year beginning July 1, 2001, and ending June
 10 10 30, 2002, the following amount, or so much thereof as is
 10 11 necessary, to be used for the purposes designated:
 10 12    For salaries, support, maintenance, and miscellaneous
 10 13 purposes for the administration of section 99D.22:  
 10 14 .................................................. $    271,307
 10 15    Sec. 16.  PSEUDORABIES ERADICATION PROGRAM.
 10 16    1.  There is appropriated from the general fund of the
 10 17 state to the department of agriculture and land stewardship
 10 18 for the fiscal year beginning July 1, 2001, and ending June
 10 19 30, 2002, the following amount, or so much thereof as is
 10 20 necessary, to be used for the purpose designated:
 10 21    For support of the pseudorabies eradication program:  
 10 22 .................................................. $    900,700
 10 23    2.  Persons, including organizations interested in swine
 10 24 production in this state and in the promotion of Iowa pork
 10 25 products who contribute support to the program, are encouraged
 10 26 to increase financial support for purposes of ensuring the
 10 27 program's effective continuation.
 10 28    Sec. 17.  SECURITY MEASURES TO CONTROL FOREIGN AGRICULTURAL
 10 29 ANIMAL DISEASES.  There is appropriated from the brucellosis
 10 30 and tuberculosis eradication fund created in section 165.18 to
 10 31 the department of agriculture and land stewardship for the
 10 32 fiscal period beginning July 1, 2000, and ending June 30,
 10 33 2002, the following amount, or so much thereof as is
 10 34 necessary, to be used for the purposes designated:
 10 35    For the implementation of security measures necessary in
 11  1 order to control outbreaks of foreign agricultural animal
 11  2 diseases introduced into this state, such as mad cow disease,
 11  3 foot and mouth disease, and classical swine fever (hog
 11  4 cholera), including for salaries, support, maintenance, and
 11  5 miscellaneous purposes:  
 11  6 .................................................. $    200,000
 11  7    1.  The department shall expend moneys appropriated in this
 11  8 section as deemed necessary by the department to support
 11  9 prevention, including by education and training; surveillance
 11 10 and detection, including by monitoring and testing; and
 11 11 emergency response if necessary, including by the issuance of
 11 12 orders restricting the movement of agricultural animals.  The
 11 13 department shall do all of the following:
 11 14    a.  Provide for emergency planning.
 11 15    b.  Provide training to interested persons, including
 11 16 agricultural producers, veterinarians, and agricultural
 11 17 associations.
 11 18    c.  Publish and disseminate educational materials to the
 11 19 public and interested persons.
 11 20    2.  The department shall cooperate with other agencies of
 11 21 the state, including the emergency management division of the
 11 22 department of public defense, the department of natural
 11 23 resources, and the department of public safety.  The
 11 24 department shall also cooperate with the United States
 11 25 department of agriculture, and interested associations,
 11 26 including associations representing agricultural producers.
 11 27    3.  The department shall apply for moneys appropriated by
 11 28 the federal government in order to support the purposes of
 11 29 this section.
 11 30    4.  The Iowa cattlemen's association, the Iowa pork
 11 31 producers association, the Iowa sheep association, the Iowa
 11 32 poultry association, the Iowa turkey federation, the Iowa
 11 33 dairy products association, the Iowa corn growers association,
 11 34 the Iowa soybean association, the Iowa farm bureau federation,
 11 35 the agribusiness association of Iowa, and associations
 12  1 representing financial institutions in this state shall to
 12  2 every extent possible provide financial or in-kind
 12  3 contributions in order to assist the department in carrying
 12  4 out this section.
 12  5    5.  The department shall not authorize the assessment of a
 12  6 levy as otherwise provided in section 165.18 because of moneys
 12  7 appropriated in this section.  
 12  8                           DIVISION V
 12  9                          MISCELLANEOUS
 12 10    Sec. 18.  INTERIM COMMITTEE – WATER QUALITY STUDY.  The
 12 11 legislative council is requested to create a water quality
 12 12 interim study committee to study the quality of this state's
 12 13 surface and subsurface waters, including drinking water
 12 14 sources.  The interim committee shall consider all major
 12 15 sources of contamination, current effluent and treatment
 12 16 standards, and practices or systems designed to prevent or
 12 17 reduce contamination.  The department of agriculture and land
 12 18 stewardship and the department of natural resources shall
 12 19 cooperate with the interim study committee.  If created, the
 12 20 interim study committee, as directed by the legislative
 12 21 council, shall report to the general assembly regarding any
 12 22 recommendations required to improve water quality in this
 12 23 state, including legislative measures to reduce contamination
 12 24 that may pose a risk to human health.  
 12 25    Sec. 19.  ISSUANCE OF PERMITS BY THE DEPARTMENT OF NATURAL
 12 26 RESOURCES.  For the fiscal year beginning July 1, 2001, and
 12 27 ending June 30, 2002, the department of natural resources
 12 28 shall approve, deny, or delay consideration of a permit
 12 29 application required to be submitted to the department based
 12 30 only on requirements relating to the merit of the application
 12 31 or applicant, procedural requirements of the department
 12 32 unrelated to staff availability, and state law including but
 12 33 not limited to section 455B.104.
 12 34    Sec. 20.  Section 169.4, Code 2001, is amended to read as
 12 35 follows:
 13  1    169A.4  RECORDING – FEE.
 13  2    A person desiring to adopt a brand shall forward to the
 13  3 secretary a brand application on forms approved by the
 13  4 secretary and providing for the desired brand, together with a
 13  5 recording fee in an amount established by rule of the
 13  6 secretary pursuant to chapter 17A of twenty-five dollars.  The
 13  7 fee amount shall be based upon the administrative costs of
 13  8 maintaining the brand program provided for by this chapter.
 13  9 Upon receipt, the secretary shall file the application and
 13 10 fee, unless the brand is of record of another person or
 13 11 conflicts with or closely resembles the brand of another
 13 12 person.  If the secretary determines that such brand is of
 13 13 record or conflicts with or closely resembles the brand of
 13 14 another person, the secretary shall not record it but shall
 13 15 return the facsimile and fee to the forwarding person.
 13 16 However, the secretary shall renew a conflicting brand, if the
 13 17 brand was originally recorded prior to July 1, 1996, and the
 13 18 brand is renewed as provided in section 169A.13.  The
 13 19 department may notify each owner of a conflicting brand that
 13 20 the owner may record a nonconflicting brand.  The power of
 13 21 examination, approval, acceptance, or rejection shall be
 13 22 vested in the secretary.  The secretary shall file all brands
 13 23 offered for record pending the examination provided for in
 13 24 this section.  The secretary shall make such examination as
 13 25 promptly as possible.  If the brand is accepted, the brand's
 13 26 ownership shall vest in the person recording it from the date
 13 27 of filing.
 13 28    Sec. 21.  Section 169A.13, Code 2001, is amended to read as
 13 29 follows:
 13 30    169A.13  RENEWAL OF BRAND AND FEE EACH FIFTH YEAR.
 13 31    Each owner of a brand of record beginning on January 1,
 13 32 1970, shall pay to the secretary a fee of five dollars and a
 13 33 renewal fee on January 1 of which is recorded pursuant to
 13 34 section 169A.4 shall renew the brand each fifth year after the
 13 35 payment of the five dollar fee, or on January 1 of each fifth
 14  1 year following the original originally recording of a the
 14  2 brand recorded after June 30, 1975 and pay a renewal fee.  The
 14  3 amount of the renewal fee required for January 1, 1976, and
 14  4 each year thereafter shall be established by rule of the
 14  5 secretary pursuant to chapter 17A is twenty-five dollars.  The
 14  6 amount of the fee shall be based upon the administrative costs
 14  7 of maintaining the brand program provided for in this chapter.
 14  8 The secretary shall notify every owner of a brand of record at
 14  9 least thirty days prior to the date of the renewal period.  If
 14 10 the owner of a brand of record does not renew the brand and
 14 11 pay the renewal fee by July 1 of each year in which it within
 14 12 six months after it is due, the owner shall forfeit the brand
 14 13 and the brand shall no longer be recorded.  A forfeited brand
 14 14 shall not be issued to any other person for five years
 14 15 following date of forfeiture.
 14 16    Sec. 22.  NEW SECTION.  169A.13A  BRANDING ADMINISTRATION
 14 17 FUND.
 14 18    1.  A branding administration fund is created in the state
 14 19 treasury under the control of the department.  The fund is
 14 20 composed of moneys collected in fees as provided in this
 14 21 chapter, moneys appropriated by the general assembly, and
 14 22 moneys available to and obtained or accepted by the department
 14 23 from the United States or private sources for placement in the
 14 24 fund.
 14 25    2.  The fund is subject to warrants written by the director
 14 26 of revenue and finance, drawn upon the written requisition of
 14 27 the department.
 14 28    3.  Moneys in the fund are appropriated to the department
 14 29 for the exclusive purpose of supporting the administration of
 14 30 this chapter by the department.
 14 31    4.  The department may adopt rules pursuant to chapter 17A
 14 32 to administer this section.
 14 33    5.  Section 8.33 shall not apply to moneys in the fund.
 14 34 Notwithstanding section 12C.7, moneys earned as income,
 14 35 including as interest, from the fund shall remain in the fund
 15  1 until expended as provided in this section.
 15  2    Sec. 23.  Section 169A.12, Code 2001, is repealed.  
 15  3                           DIVISION VI
 15  4                    EFFECTIVE DATE PROVISIONS
 15  5    Sec. 24.  Section 11 of this Act, providing for the
 15  6 appropriations of stormwater discharge permit fees, takes
 15  7 effect upon enactment.
 15  8    Sec. 25.  Section 17 of this Act, being deemed of immediate
 15  9 importance, takes effect upon enactment.  
 15 10 
 15 11 
 15 12                                                             
 15 13                               BRENT SIEGRIST
 15 14                               Speaker of the House
 15 15 
 15 16 
 15 17                                                             
 15 18                               MARY E. KRAMER
 15 19                               President of the Senate
 15 20 
 15 21    I hereby certify that this bill originated in the House and
 15 22 is known as House File 725, Seventy-ninth General Assembly.
 15 23 
 15 24 
 15 25                                                             
 15 26                               MARGARET THOMSON
 15 27                               Chief Clerk of the House
 15 28 Approved                , 2001
 15 29 
 15 30 
 15 31                            
 15 32 THOMAS J. VILSACK
 15 33 Governor
     

Text: HF00724                           Text: HF00726
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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