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Text: H05713                            Text: H05715
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House Amendment 5714

Amendment Text

PAG LIN
  1  1    Amend Senate File 2375, as passed by the Senate, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 657.11, subsection 2, Code
  1  6 Supplement 1995, is amended by striking the subsection
  1  7 and inserting in lieu thereof the following:
  1  8    2.  There shall be a rebuttable presumption that an
  1  9 animal feeding operation, as defined in section
  1 10 455B.161 is not a public or private nuisance under
  1 11 this chapter or under principles of common law, and
  1 12 that the animal feeding operation does not
  1 13 unreasonably interfere with another person's
  1 14 comfortable use and enjoyment of the person's life or
  1 15 property under any other cause of action.  The
  1 16 rebuttable presumption shall not apply if the injury
  1 17 to a person or damage to property is proximately
  1 18 caused by a failure to comply with a federal statute
  1 19 or regulation or a state statute or rule which applies
  1 20 to the animal feeding operation.  The rebuttable
  1 21 presumption shall not apply to a confinement feeding
  1 22 operation which confines swine, if the confinement
  1 23 feeding operation is required to obtain a construction
  1 24 permit pursuant to section 455B.173."
  1 25    #2.  Title page, line 2, by striking the word
  1 26 "persons" and inserting the following:  "persons."
  1 27    #3.  Title page, by striking lines 3 and 4.  
  1 28 
  1 29 
  1 30                              
  1 31 KREIMAN of Davis
  1 32 SF 2375.304 76
  1 33 da/cf
     
Text: H05713                            Text: H05715
Text: H05700 - H05799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index
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