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House Amendment 1163

Amendment Text

PAG LIN
  1  1    Amend House File 644 as follows:
  1  2    #1.  Page 1 by striking line 13, and inserting the
  1  3 following:
  1  4    "a.  A manager of a commercial manure service.
  1  5 As".
  1  6    #2.  Page 1, line 14, by inserting after the word
  1  7 "who" the following:  "is actively involved in the
  1  8 operation of a commercial manure service and".
  1  9    #3.  Page 2, line 16, by inserting before the word
  1 10 "license" the following:  "commercial manure service".
  1 11    #4.  Page 2, by striking lines 18 and 19, and
  1 12 inserting the following:  "commercial manure service
  1 13 unless each manager".
  1 14    #5.  Page 7, line 10, by inserting after the words
  1 15 "shall be" the following:  "adjusted annually by the
  1 16 department".
  1 17    #6.  Page 7, line 26, by striking the words "an
  1 18 owner or manager" and inserting the following:  "a
  1 19 manager".
  1 20    #7.  Page 7, line 27, by striking the figure
  1 21 "459.318A" and inserting the following:  "459.314A".
  1 22    #8.  Page 7, line 29, by striking the words "an
  1 23 owner or" and inserting the following:  "a".
  1 24    #9.  Page 8, line 7, by striking the word
  1 25 "certification" and inserting the following:  "a
  1 26 commercial manure service license".
  1 27    #10.  Page 8, line 9, by inserting after the words
  1 28 "shall be" the following:  "adjusted annually by the
  1 29 department".
  1 30    #11.  Page 8, by inserting after line 11, the
  1 31 following:
  1 32    "Sec.    .  Section 459.316, subsection 2, Code
  1 33 2003, is amended to read as follows:
  1 34    2.  a.  Except as provided in paragraph "b",
  1 35 Compliance fees collected by the department shall be
  1 36 deposited into the animal agriculture compliance fund
  1 37 created in section 459.401.
  1 38    a.  Moneys Except as provided in paragraph "b",
  1 39 moneys collected from all fees other than the annual
  1 40 compliance fee shall be deposited into the compliance
  1 41 fund's general account.
  1 42    b.  Moneys collected from the annual compliance fee
  1 43 shall be deposited into the compliance fund's
  1 44 assessment account.  Moneys collected from commercial
  1 45 manure service license fees and educational program
  1 46 fees shall be deposited into the compliance fund's
  1 47 educational program account.
  1 48    b.  Receipts that are required to be received by
  1 49 the department from persons required to be certified
  1 50 pursuant to section 459.315 may be used to compensate
  2  1 a person who teaches continuing instructional courses
  2  2 in lieu of deposit into the compliance fund.
  2  3    Sec.    .  Section 459.316, subsection 3, Code
  2  4 2003, is amended to read as follows:
  2  5    3.  At the end of each fiscal year the department
  2  6 shall determine the balance of unencumbered and
  2  7 unobligated moneys in the assessment account and the
  2  8 educational program account of the animal agriculture
  2  9 compliance fund created pursuant to section 459.401.
  2 10    a.  If on that date June 30, the balance of
  2 11 unencumbered and unobligated moneys in the assessment
  2 12 account is one million dollars or more, the department
  2 13 shall adjust the rate of the annual compliance fee for
  2 14 the following fiscal year.  The adjusted rate for the
  2 15 annual compliance fee shall be based on the
  2 16 department's estimate of the amount required to ensure
  2 17 that at the end of the following fiscal year the
  2 18 balance of unencumbered and unobligated moneys in the
  2 19 assessment account is not one million dollars or more.
  2 20    b.  If on June 30, the balance of unencumbered and
  2 21 unobligated moneys in the educational program account
  2 22 is twenty-five thousand dollars or more, the
  2 23 department shall adjust the rate of the commercial
  2 24 manure service license fee and the educational program
  2 25 fee for the following fiscal year.  The adjusted rate
  2 26 for the fees shall be based on the department's
  2 27 estimate of the amount required to ensure that at the
  2 28 end of the following fiscal year the balance of
  2 29 unencumbered and unobligated moneys in the assessment
  2 30 account is not twenty-five thousand dollars or more.
  2 31    Sec.    .  Section 459.401, subsection 2,
  2 32 unnumbered paragraph 1, Code 2003, is amended to read
  2 33 as follows:
  2 34    The compliance fund is composed of two three
  2 35 accounts, the general account, and the assessment
  2 36 account, and the educational program account."
  2 37    #12.  Page 8, line 16, by striking the word "on"
  2 38 and inserting the following:  "or".
  2 39    #13.  Page 8, line 17, by striking the word
  2 40 "application" and inserting the following:
  2 41 "applicators".
  2 42    #14.  Page 8, line 17, by striking the figure
  2 43 "459.315" and inserting the following:  "459.316".
  2 44    #15.  Page 8, by inserting after line 19, the
  2 45 following:
  2 46    "Sec.    .  Section 459.401, subsection 2, Code
  2 47 2003, is amended by adding the following new
  2 48 paragraph:
  2 49    NEW PARAGRAPH.  c.  The educational program account
  2 50 is composed of moneys collected from the commercial
  3  1 manure service license fee and the educational program
  3  2 fee required pursuant to section 459.316.
  3  3    Sec.    .  Section 459.401, subsection 5, Code
  3  4 2003, is amended to read as follows:
  3  5    5.  Notwithstanding section 8.33, any unexpended
  3  6 balance in an account of the compliance fund at the
  3  7 end of the fiscal year shall be retained in the fund
  3  8 that account.  Notwithstanding section 12C.7,
  3  9 subsection 2, interest, earnings on investments, or
  3 10 time deposits of the moneys in an account of the
  3 11 compliance fund shall be credited to the fund that
  3 12 account."
  3 13    #16.  Page 10, by striking lines 30 and 31 and
  3 14 inserting the following:
  3 15    "Sec.    .  PRIOR PAYMENT OF FEES.
  3 16    1.  a.  A manager of a commercial manure service
  3 17 that has paid a certification fee as provided in
  3 18 section 459.315, Code 2003, on or after January 1,
  3 19 2003, but before the effective date of this Act, shall
  3 20 not be required to pay a fee for a commercial manure
  3 21 service license pursuant to section 459.316 until
  3 22 March 1, 2004.
  3 23    b.  A commercial manure service representative who
  3 24 has paid a certification fee as provided in section
  3 25 459.315, Code 2003, on or after January 1, 2003, but
  3 26 before the effective date of this Act, shall not be
  3 27 required to pay an educational program fee required
  3 28 pursuant to section 459.316 until March 1, 2005.
  3 29    2.  The department may require that a person who is
  3 30 excused from paying a commercial manure service
  3 31 license fee or an educational program fee as provided
  3 32 in this section provide documentation that the person
  3 33 is excused from paying the fee when being issued a
  3 34 license or becoming certified.
  3 35    Sec.    .  DIRECTIVE TO CODE EDITOR.  The Code
  3 36 editor shall transfer section 459.316, as amended by
  3 37 this Act, to a new section 459.400.
  3 38    Sec.    .  EFFECTIVE DATES.
  3 39    1.  Except as provided in subsection 2, this Act,
  3 40 being deemed of immediate importance, takes effect
  3 41 upon enactment.
  3 42    2.  Section 459.314A, as enacted in this Act, takes
  3 43 effect January 1, 2004."
  3 44    #17.  Title page, lines 2 and 3, by striking the
  3 45 words "an effective date" and inserting the following:
  3 46 "effective dates".  
  3 47 
  3 48 
  3 49                               
  3 50 ALONS of Sioux 
  4  1 
  4  2 
  4  3                               
  4  4 WHITAKER of Van Buren 
  4  5 HF 644.201 80
  4  6 da/sh
     

Text: H01162                            Text: H01164
Text: H01100 - H01199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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