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House Journal: Page 1168: Monday, April 3, 1995

H-3581
 1     Amend House File 519 as follows:
 2     1.  Page 1, line 2, by inserting after the word
 3   "AREAS" the following: " -- ADOPTION OF RULES".
 4     2.  Page 14, line 21, by inserting after the word
 5   "pending." the following:  "The department shall not
 6   issue a permit to a person under this subsection for
 7   five years after the date of the last offense
 8   committed by a person or animal feeding operation in
 9   which the person holds a controlling interest during
10   which the person or operation was classified as a
11   habitual offender under section 455B.191.  The
12   department shall conduct an annual review of each
13   confinement feeding operation which is a habitual
14   offender and each confinement feeding operation in
15   which a habitual offender holds a controlling
16   interest.  The department shall notify persons
17   classified as habitual offenders of their
18   classification, additional restrictions imposed upon
19   the persons pursuant to the classification, and
20   special civil penalties that may be imposed upon the
21   persons.  The notice shall be sent to the persons by
22   certified mail."
23     3.  Page 14, by striking lines 24 through 32 and
24   inserting the following:
25     NEW SUBSECTION.  7.  The department may impose a
26   civil penalty upon a habitual offender which shall not
27   exceed twenty-five thousand dollars for each day the
28   offense continues.  A person shall be classified as a
29   habitual offender, if the person has committed three
30   or more offenses as described in this subsection prior
31   to or after the effective date of this Act, and was
32   subject to the assessment of a civil penalty or a
33   court conviction, in the five years prior to the date
34   of the latest offense, counting any offense committed
35   by a confinement feeding operation in which the person
36   holds a controlling interest.  A person shall be
37   removed from the classification of habitual offender
38   on the date on which the person and all animal feeding
39   operations in which the person holds a controlling
40   interest have committed less than three offenses
41   described in this subsection for the prior five years.
42   For purposes of counting offenses, a continuing and
43   uninterrupted offense shall be considered as one
44   offense.  Different types of offenses shall be counted
45   as separate offenses regardless of whether the
46   offenses were committed during the same period.  An
47   offense must relate to one of the following:
48     a.  The construction or operation of a confinement
49   feeding operation structure or anaerobic lagoon which
50   is part of a confinement feeding operation, or the

Page 2  

 1   installation or use of a related pollution control
 2   device or practice, for which the person must obtain a

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/76GA/Session.1/HJournal/01100/01168.html
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