General Assembly: 81 (2005 Regular GA) - Chapter 172 - Appropriations — agriculture and natural resources


Published: 2005-06-14

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

679 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 172

CH. 172CH. 172

CHAPTER 172

APPROPRIATIONS — AGRICULTURE AND NATURAL RESOURCES

H.F. 808

AN ACT relating to and making appropriations involving state government, including provi- sions affecting agriculture and natural resources, and provisions relating to awind energy production tax credit, and providing for fees.

Be It Enacted by the General Assembly of the State of Iowa:

AGRICULTURE AND NATURAL RESOURCES DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

GENERAL APPROPRIATIONS

Section 1. GENERAL DEPARTMENT APPROPRIATION. There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2005, and ending June30, 2006, the followingamount, or somuch there- of as is necessary, to be used for the purposes designated: For purposes of supporting the department, including its divisions, for administration, regu-

lation, and programs, for salaries, support, maintenance,miscellaneous purposes, and for not more than the following full-time equivalent positions:

$ 17,213,319. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 412.52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP DESIGNATED APPROPRIATIONS

Sec. 2. SENIOR FARMERS MARKET NUTRITION PROGRAM. There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For purposes of administering a senior farmers market nutrition program, including sala-

ries, support, maintenance, miscellaneous purposes, and for not more than the following full- time equivalent positions:

$ 77,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 3. CHRONIC WASTING DISEASE. There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or so much thereof as is neces- sary, to be used for the purposes designated: For purposes of administering a chronic wasting disease control program for the control of

chronic wasting diseasewhich threatens farm deer as provided in chapter 170, including sala- ries, support, maintenance, miscellaneous purposes, and for not more than the following full- time equivalent positions:

$ 100,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The programmay include procedures for the inspection and testing of farm deer, responses to reported cases of chronic wasting disease, and methods to ensure that owners of farm deer may engage in the movement and sale of farm deer.

Sec. 4. RIVER AUTHORITY. There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2005,

680LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 172

and ending June 30, 2006, the following amount, or somuch thereof as is necessary, to be used for the purpose designated: For purposes of supporting the department’s membership in the state interagencyMissouri

river authority, created in section 28L.1, in the Missouri river basin association: $ 9,535. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 5. HORSEANDDOGRACING. There is appropriated from themoneys available un- der section 99D.13 to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, and miscellaneous purposes for the administration of

section 99D.22: $ 305,516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 6. DAIRY PRODUCTS CONTROL BUREAU. There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year be- ginning July 1, 2005, and ending June 30, 2006, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For purposes of supporting the operations of the dairy products control bureau, including

salaries, support, maintenance, and miscellaneous purposes: $ 643,166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 7. AVIAN INFLUENZA. There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or somuch thereof as is necessary, to be used for the purpose designated: For the support of testing and monitoring avian influenza:

$ 50,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notwithstanding section 8.33, moneys appropriated in this section that remain unencum-

bered or unobligated at the close of the fiscal year shall not revert but shall remain available for the continued testing and monitoring of avian influenza until the close of the succeeding fiscal year.

Sec. 8. APIARY REGULATION. There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For support of apiary regulation as provided in chapter 160, including salaries, support,

maintenance, and miscellaneous purposes: $ 40,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 9. SOILANDWATERCONSERVATIONDISTRICTS. There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2005, and ending June30, 2006, the followingamount, or somuch there- of as is necessary, to be used for the purposes designated: For purposes of reimbursing commissioners of soil and water conservation districts for ad-

ministrative expenses including but not limited to travel expenses, technical training, andpro- fessional dues:

$ 250,0001. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A soil and water conservation district receiving moneys from an allocation provided pur-

suant to this section shall submit a report to the soil conservation division of the department of agriculture and land stewardship by January 1, 2006, accounting for moneys which have been expended or unexpended orwhich have been obligated or encumbered. The report shall state how the moneys were used.

___________________

1 See chapter 179, §36 herein

681 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 172

DEPARTMENT OF NATURAL RESOURCES GENERAL APPROPRIATIONS

Sec. 10. GENERAL DEPARTMENT APPROPRIATION. There is appropriated from the general fund of the state to the department of natural resources for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or so much thereof as is neces- sary, to be used for the purposes designated: For purposes of supporting the department, including its divisions, for administration, regu-

lation, and programs, for salaries, support, maintenance,miscellaneous purposes, and for not more than the following full-time equivalent positions:

$ 16,883,439. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,105.46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 11. STATEFISHANDGAMEPROTECTIONFUND—APPROPRIATIONTOTHEDI- VISION OF FISH AND WILDLIFE. 1. a. There is appropriated from the state fish and game protection fund to the department

of natural resources for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or somuch thereof as is necessary, to be used for the purposes designated: For administrative support, and for salaries, support, maintenance, equipment, andmiscel-

laneous purposes: $ 31,370,766. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. Notwithstanding section 455A.10, the department may use the unappropriated balance remaining in the fish and game protection fund to provide for the funding of health and life insurance premium payments from unused sick leave balances of conservation peace officers employed in a protection occupation who retire, pursuant to section 97B.49B. 2. The department shall not expend more moneys from the fish and game protection fund

than provided in this section, unless the expenditure derives from contributionsmade by a pri- vate entity, or a grant or moneys received from the federal government, and is approved by the natural resource commission. The department of natural resources shall promptly notify the legislative services agency and the chairpersons and ranking members of the joint appro- priations subcommitteeonagriculture andnatural resources concerning the commission’s ap- proval.

Sec. 12. GROUNDWATERPROTECTIONFUND. There is appropriated from the ground- water protection fund created in section 455E.11 to the department of natural resources for the fiscal year beginning July 1, 2005, and ending June 30, 2006, from thosemoneys which are not allocated pursuant to that section, the following amount, or so much thereof as is neces- sary, to be used for the purposes designated: For administrative support, and for salaries, support, maintenance, equipment, andmiscel-

laneous purposes related to providing for groundwater quality: $ 3,455,832. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DEPARTMENT OF NATURAL RESOURCES RELATED TRANSFERS

Sec. 13. SNOWMOBILE FEES — TRANSFER FOR ENFORCEMENT PURPOSES. There is transferred on July 1, 2005, from the fees required to be deposited in the special snowmobile fundunder section321G.7 to the fishandgameprotection fundandappropriated to thedepart- ment of natural resources for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or so much thereof as is necessary, to be used for the purpose desig- nated: For enforcing snowmobile laws as part of the state snowmobile program administered by

the department of natural resources: $ 100,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

682LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 172

Sec. 14. VESSEL FEES—TRANSFERFORENFORCEMENTPURPOSES. There is trans- ferred on July 1, 2005, from the fees required to be deposited in the special conservation fund under section 462A.52 to the fish and game protection fund and appropriated to the natural resource commission for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For the administration and enforcement of navigation laws and water safety:

$ 1,400,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notwithstanding section 8.33, moneys transferred and appropriated in this section that re-

main unencumbered or unobligated at the close of the fiscal year shall not revert to the credit of the fish and game protection fund but shall be credited to the special conservation fund es- tablished by section 462A.52 to be used as provided in that section.

DEPARTMENT OF NATURAL RESOURCES DESIGNATED APPROPRIATIONS

Sec. 15. REVENUE ADMINISTERED BY THE IOWA COMPREHENSIVE UNDER- GROUNDSTORAGETANKFUNDBOARD. There is appropriated from the unassigned reve- nue fund administered by the Iowa comprehensive underground storage tank fund board, to the department of natural resources for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For administration expenses of the underground storage tank section of the department of

natural resources: $ 200,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 16. FLOODPLAIN PERMIT BACKLOG. Notwithstanding any contrary provision of state law, for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the department of natural resources may use additional funds available to the department from stormwater discharge permit fees for the staffing of the following additional full-time staff members to re- duce the department’s floodplain permit backlog:

FTEs 2.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 17. IMPLEMENTATIONOF THE FEDERAL TOTALMAXIMUMDAILY LOADPRO- GRAM. Notwithstandingany contrary provision of state law, for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the department of natural resources may use additional funds available to the department from stormwater discharge permit fees for the staffing of the following additional full-time equivalent positions for implementation of the federal total maximum daily load program:

FTEs 2.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

IOWA STATE UNIVERSITY DESIGNATED APPROPRIATION

Sec. 18. OPEN FEEDLOTS HOUSING BEEF CATTLE — WATER QUALITY RESEARCH PROJECT. There is appropriated from the agrichemical remediation fund created in section 161.7 to Iowa state university for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For purposes of supporting a water quality research project which studies the effectiveness

of alternative technologies used to reduce risks towater quality from effluent originating from open feedlots which house beef cattle:

$ 100,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In conducting the project, Iowa state university shall cooperate with the Iowa cattlemen’s

association, the department of natural resources, the department of agriculture and land stew-

683 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 172

ardship, and the United States department of agriculture natural resource conservation ser- vice.

DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

HORSE AND DOG REGULATION — FEES

Sec. 19. Section 99D.22, subsection 3, paragraph d, Code 2005, is amended by striking the paragraph and inserting in lieu thereof the following: d. Establish a registration fee imposed on each horse which is a thoroughbred, quarter

horse, or standardbred which shall be paid by the breeder of the horse. The department shall not impose the registration fee more than once on each horse. The amount of the registration fee shall not exceed thirty dollars. The moneys paid to the department from registration fees shall be considered repayment receipts as defined in section 8.2, and shall be used for the ad- ministration and enforcement of this subsection.

Sec. 20. Section 99D.22, Code 2005, is amended by adding the following new subsection: NEW SUBSECTION. 3A. a. The department of agriculture and land stewardship shall

adopt rules establishing a schedule of registration fees to be imposed on owners of dogs that arewhelped and raised for the first sixmonths of their lives in Iowa for purposes of promoting native dogs as provided in this chapter, including section 99D.12 and this section. The amount of the registration fees shall be imposed as follows: (1) An owner of a dam registering the dam, twenty-five dollars. (2) An owner of a litter registering the litter, ten dollars. (3) An owner of a dog registering the dog, five dollars. b. The moneys paid to the department from registration fees as provided in paragraph “a”

shall be considered repayment receipts as defined in section 8.2, and shall be used for the ad- ministration and enforcement of programs for the promotion of native dogs.

DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP AND DEPARTMENT OF NATURAL RESOURCES

DEER REGULATION AND FEES

Sec. 21. NEW SECTION. 170.3A CHRONIC WASTING DISEASE CONTROL PRO- GRAM. The department shall establish and administer a chronic wasting disease control program

for the control of chronic wasting disease which threatens farm deer. The program shall in- clude procedures for the inspection and testing of farm deer, responses to reported cases of chronic wasting disease, and methods to ensure that owners of farm deer may engage in the movement and sale of farm deer.

Sec. 22. NEW SECTION. 170.3B FARM DEER ADMINISTRATION FEE. The department may establish a farm deer administration fee which shall be annually im-

posed on each landowner who keeps farm deer in this state. The amount of the fee shall not exceed twohundred dollars per year. The fee shall be collected by the department in amanner specified by rules adoptedby thedepartment after consultingwith the farmdeer council estab- lished in section 170.2. The collected fees shall be credited to the farm deer administration fund created pursuant to section 170.3C.

Sec. 23. NEWSECTION. 170.3C FARMDEERADMINISTRATIONFUND—APPROPRI- ATION. A farm deer administration fund is created in the state treasury under the control of the de-

partment.

684LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 172

1. The fund shall be composedofmoneysappropriatedby thegeneral assembly andmoneys available to and obtained or accepted by the department from the United States or private sources for placement in the fund. The fund shall include all moneys collected from the farm deer administration fee as provided in section 170.3B. 2. The moneys in the fund are appropriated exclusively to the department for the purpose

of administering the chronic wasting disease control program as provided in section 170.3A. 3. Section 8.33 shall not apply to moneys credited to the fund. Notwithstanding section

12C.7, moneys earned as income or interest from the fund shall remain in the fund until ex- pended as provided in this section.

Sec. 24. Section 483A.24, subsection 2, paragraph c, if enacted by 2005 Iowa Acts, Senate File 206,2 section 8, is amended to read as follows: c. Upon written application on forms furnished by the department, the department shall is-

sue annually without fee two deer hunting licenses, one antlered or any sex deer hunting li- cense and one antlerless deer only deer hunting license, to the owner of a farm unit or amem- ber of the owner’s family, but only a total of two licenses for both, and to the tenant of a farm unit or amember of the tenant’s family, but only a total of two licenses for both. The deer hunt- ing licenses issued shall be valid only for use on the farm unit for which the applicant applies pursuant to this paragraph. The owner or the tenant need not reside on the farmunit to qualify for the free deer hunting licenses to hunt on that farm unit. The free deer hunting licenses is- sued pursuant to this paragraph shall be valid and may be used during any shotgun deer sea- son. The licenses may be used to harvest deer in two different seasons. In addition, a person who receives a free deer hunting license pursuant to this paragraph shall pay a one dollar fee for each license that shall be used and is appropriated for the purpose of deer herd population management, including assisting with the cost of processing deer donated to the help us stop hunger program administered by the commission.

Approved June 14, 2005

_________________________

CH. 173CH. 173

CHAPTER 173

APPROPRIATIONS — ADMINISTRATION AND REGULATION

H.F. 810

AN ACT relating to andmaking appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters, and providing an effective date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. DEPARTMENT OF ADMINISTRATIVE SERVICES. There is appropriated from the general fund of the state to the department of administrative services for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. For salaries, support, maintenance, and miscellaneous purposes, and for not more than

the following full-time equivalent positions: $ 4,798,641. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FTEs 423.20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

___________________

2 Chapter 139 herein