This text of Iowa § 459.401 (Animal agriculture compliance fund) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. Ananimalagriculturecompliancefundiscreatedinthestatetreasuryunderthecontrol
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:
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1. Ananimalagriculturecompliancefundiscreatedinthestatetreasuryunderthecontrol
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.
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
directorofthedepartmentofnaturalresourcesoranauthorizedrepresentativeofthedirector.
5. Notwithstandingsection8.33,anyunexpendedbalanceinanaccountofthecompliance
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.