459.401 - ANIMAL AGRICULTURE COMPLIANCE FUND.
459.401 ANIMAL AGRICULTURE COMPLIANCE FUND. 1. An animal agriculture compliance fund is created in the state treasury under the control of the department. The compliance fund is separate from the general fund of the state. 2. The compliance fund is composed of three accounts, the general account, the assessment account, and the educational program account. a. The general account is composed of moneys appropriated by the general assembly and moneys available to and obtained or accepted by the department from the United States government or private sources for placement in the compliance fund. Unless otherwise specifically provided in statute, moneys required to be deposited in the compliance fund shall be deposited into the general account. The general account shall include moneys deposited into the account from all of the following: (1) The construction permit application fee required pursuant to section 459.303. (2) The manure management plan filing fee required pursuant to section 459.312. (3) Educational program fees required to be paid by commercial manure service representatives or confinement site manure applicators pursuant to section 459.400. (4) A commercial manure service license fee as provided in section 459.400. (5) The collection of civil penalties assessed by the department and interest on civil penalties, arising out of violations involving animal feeding operations as provided in sections 459.602, 459.603, 459A.502, and 459B.402. b. The assessment account is composed of moneys collected from the annual compliance fee required pursuant to section 459.400. c. The educational program account is composed of moneys collected from the commercial manure service license fee and the educational program fee required pursuant to section 459.400. 3. Moneys in the compliance fund are appropriated to the department exclusively to pay the expenses of the department in administering and enforcing the provisions of subchapters II and III as necessary to ensure that animal feeding operations comply with all applicable requirements of those provisions, including rules adopted or orders issued by the department pursuant to those provisions. The moneys shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this subsection. The department shall not transfer moneys from the compliance fund's assessment account to another fund or account, including but not limited to the fund's general account. 4. Moneys in the fund, which may be subject to warrants written by the director of the department of administrative services, shall be drawn upon the written requisition of the director of the department of natural resources or an authorized representative of the director. 5. Notwithstanding section 8.33, any unexpended balance in an account of the compliance fund at the end of the fiscal year shall be retained in that account. Notwithstanding section 12C.7, subsection 2, interest, earnings on investments, or time deposits of the moneys in an account of the compliance fund shall be credited to that account.
Section History: Recent Form 2002 Acts, ch 1137, §6, 68, 71; 2002 Acts, 2nd Ex, ch 1003, §247, 259, 260, 262; 2003 Acts, ch 145, § 286; 2003 Acts, ch 163, § 17--20, 23; 2003 Acts, ch 179, § 73; 2004 Acts, ch 1086, §78; 2005 Acts, ch 136, §36; 2009 Acts, ch 155, §33, 34 Referred to in § 455B.109, 459.400, 459.602, 459.603, 459.604, 459A.502, 459B.402