Text: HF02202 Text: HF02204 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 331.302A CONFINEMENT FEEDING 1 2 OPERATIONS. 1 3 1. If a confinement feeding operation, including a related 1 4 animal feeding operation structure, as provided in chapter 1 5 455B, is located in a county, that county board of supervisors 1 6 may enforce the provisions in chapter 455B applicable to 1 7 confinement feeding operations, including rules adopted by the 1 8 department of natural resources as provided in section 1 9 455B.173 against the owner of the confinement feeding 1 10 operation. 1 11 2. In order to proceed in an enforcement action, the board 1 12 must deliver a notice to the department, stating that a 1 13 confinement feeding operation may be in violation of chapter 1 14 455B or departmental rules. The board shall deliver the 1 15 notice after approval of the board action by resolution. The 1 16 notice shall be in writing and shall state the location of the 1 17 confinement feeding operation, the name and address of the 1 18 owner, and an explanation of the possible violation. The 1 19 board may inform the department that the board reserves its 1 20 right to enforce chapter 455B and related rules as provided in 1 21 this section, if the department fails to initiate an 1 22 enforcement action or continue an enforcement action which 1 23 results in an administrative hearing or a settlement of the 1 24 case. The county may begin enforcement proceedings after 1 25 fourteen calendar days following delivery of the notice, 1 26 unless the county receives notice by the department that the 1 27 department has initiated an enforcement action in the case as 1 28 provided in this subsection. The department shall proceed in 1 29 the active enforcement of the case. 1 30 3. Once a county begins an enforcement action as provided 1 31 in this section, it shall be the party in interest in the case 1 32 and shall have sole authority and responsibility to carry out 1 33 the action. The county may refer any case to the attorney 1 34 general. The department of natural resources may assume 1 35 prosecution of the enforcement action from the county. 2 1 However, if the department assumes prosecution of the 2 2 enforcement action, the department shall be required to 2 3 resolve the action. 2 4 4. The county shall bring the enforcement action according 2 5 to the same procedures used for a county infraction as 2 6 provided in section 331.307. However, the civil penalty may 2 7 be for any amount that could be assessed by the department for 2 8 the same violation. The department shall reimburse the county 2 9 for fifty percent of the costs incurred by the county in 2 10 enforcing the action. 2 11 Sec. 2. Section 455B.172, Code 1995, is amended by adding 2 12 the following new subsection: 2 13 NEW SUBSECTION. 9. A county board of supervisors in the 2 14 county where a confinement feeding operation is located may 2 15 enforce the provisions of this chapter including rules adopted 2 16 by the department pursuant to section 455B.173, against the 2 17 confinement feeding operation, as provided in section 2 18 331.302A. 2 19 EXPLANATION 2 20 This bill provides that if a confinement feeding operation 2 21 is located in a county, that county board of supervisors may 2 22 enforce the provisions of chapter 455B applicable to 2 23 confinement feeding operations and related departmental rules. 2 24 The bill provides that in order to proceed, the board must 2 25 deliver a notice to the department, stating that the 2 26 confinement feeding operation may be in violation of state 2 27 law. The board may inform the department that the board 2 28 reserves its right to enforce the law and rules. The county 2 29 may begin enforcement proceedings after 14 calendar days 2 30 following delivery of the notice, unless the department 2 31 commences and maintains active enforcement of the case. The 2 32 county must bring the enforcement action according to the same 2 33 procedures used for a county infraction. However, a civil 2 34 penalty imposed upon a violator may be up to the amount 2 35 assessable by the department which, according to section 3 1 455B.191, cannot exceed $5,000. 3 2 LSB 3913YH 76 3 3 da/jj/8.1
Text: HF02202 Text: HF02204 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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