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House Journal: Page 1458: Friday, April 12, 2002

7 collected by the department shall be deposited into
8 the animal agriculture compliance fund created in
9 section 455B.127. Moneys collected from all fees
10 other than the annual compliance fee shall be
11 deposited into the compliance fund's general account.
12 Moneys collected from the annual compliance fee shall
13 be deposited into the compliance fund's assessment
14 account.
15 b. Receipts that are required to be received by
16 the department from persons required to be certified
17 pursuant to section 455B.203A may be used to
18 compensate a person who teaches continuing
19 instructional courses in lieu of deposit into the
20 compliance fund.
21 3. At the end of each fiscal year the department
22 shall determine the balance of unencumbered and
23 unobligated moneys in the assessment account of the
24 animal agriculture compliance fund created pursuant to
25 section 455B.127. If on that date the balance of
26 unencumbered and unobligated moneys in the account is
27 one million dollars or more, the department shall
28 adjust the rate of the annual compliance fee for the
29 following fiscal year. The adjusted rate for the
30 annual compliance fee shall be based on the
31 department's estimate of the amount required to ensure
32 that at the end of the following fiscal year the
33 balance of unencumbered and unobligated moneys in the
34 assessment account is not one million dollars or more.
35 Sec. 44. Section 455B.204, subsection 1, Code
36 2001, is amended by striking the subsection.
37 Sec. 45. Section 455B.204, subsections 2 through
38 4, Code 2001, are amended to read as follows:
39 2. Except as provided in subsection 3 4, the
40 following shall apply:
41 a. An animal A confinement feeding operation
42 structure shall not be constructed closer than five
43 hundred feet away from a the surface intake, of an
44 agricultural drainage well. A confinement feeding
45 operation structure shall not be constructed closer
46 than one thousand feet from a wellhead, or cistern of
47 an agricultural drainage well, or known sinkhole.
48 However, the department may adopt rules requiring an
49 increased separation distance under this paragraph in
50 order to protect the integrity of a water of this

Page 38

1 state. The increased separation distance shall not be
2 more than two thousand feet. If the department
3 exercises its discretion to increase the separation
4 distance requirement, the department shall not approve
5 an application for the construction of a confinement


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