1. A manure storage indemnity fund is created as a separate fund in the state treasury under the control of the department. The general fund of the state is not liable for claims presented against the fund.
2. The fund consists of moneys from indemnity fees remitted by permittees to the department of natural resources and transferred to the department of agriculture and land stewardship as provided in section 204.3; sums collected on behalf of the fund by the department through legal action or settlement; moneys required to be repaid to the department by a county pursuant to this chapter; civil penalties assessed and collected by the department of natural resources pursuant to chapter 455B, against permittees; moneys paid as a settlement involving an enforcement action for a civil penalty subject to assessment and collection against permittees by the department of natural resources pursuant to chapter 455B; interest, property, and securities acquired through the use of moneys in the fund; or moneys contributed to the fund from other sources.
3. The moneys collected under this section and deposited in the fund shall be appropriated to the department for the exclusive purpose of indemnifying a county for expenses related to cleaning up the site of the confinement feeding operation, including removing and disposing of manure from a manure storage structure, and to pay the department for costs related to administering the provisions of this chapter. For each fiscal year, the department shall not use more than one percent of the total amount which is available in the fund or ten thousand dollars, whichever is less, to pay for the costs of administration. Moneys in the fund shall not be subject to appropriation or expenditure for any other purpose.
4. The treasurer of state shall act as custodian of the fund and disburse amounts contained in the fund as directed by the department. The treasurer of state is authorized to invest the moneys deposited in the fund. The income from such investment shall be credited to and deposited in the fund. Notwithstanding section 8.33, moneys in the fund are not subject to reversion to the general fund of the state. The fund shall be administered by the department which shall make expenditures from the fund consistent with the purposes set out in this chapter. The moneys in the fund shall be disbursed upon warrants drawn by the director of revenue and finance pursuant to the order of the department. The fiscal year of the fund begins July 1. The finances of the fund shall be calculated on an accrual basis in accordance with generally accepted accounting principles. The auditor of state shall regularly perform audits of the fund.
5. On August 31 following the close of each fiscal year, moneys which are not obligated or encumbered on June 30 of the past fiscal year, less the department's estimate of the cost to the fund for pending or unsettled claims, and which are in excess of one million dollars, shall be deposited in the organic nutrient management fund as created in section 161C.5 for purposes of supporting the organic nutrient management program.
95 Acts, ch 195, §5
Referred to in § 204.1, 455B.109, 455B.173, 455B.191
Iowa General Assembly
Search: Iowa Code 1997
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