This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Journal: Page 1236: Tuesday, April 4, 1995

Bernau of Story asked and received unanimous consent to withdraw
amendment H-3607, previously deferred,  filed by him on March
29, 1995, placing out of order amendment H-3655, to amendment
H-3607, filed by Bernau of Story on March 30, 1995.
Koenigs of Mitchell offered the following amendment H-3586,
previously deferred, filed by him and moved its adoption:
H-3586
 1     Amend House File 519 as follows:
 2     1.  Page 18, by striking lines 30 through 33 and
 3   inserting the following:
 4     "2.  Except as otherwise provided in this section,
 5   an animal feeding operation shall not be found to be a
 6   public or private".
 7     2.  Page 19, by striking lines 1 through 3 and
 8   inserting the following:  "operation's construction or
 9   expansion.  This nuisance suit protection includes".
10     3.  Page 19, by inserting after line 9 the
11   following:
12     "   .  The nuisance suit protection provided in
13   this section shall apply only to an animal feeding
14   operation, if all of the following requirements are
15   satisfied:
16     a.  The animal feeding operation must receive all
17   the applicable permits as required by chapter 455B for
18   the construction of an animal feeding operation,
19   regardless of whether the permits were required to be
20   obtained or the permits were obtained voluntarily.
21     b.  The animal feeding operation is established
22   after the effective date of this Act.
23     c.  The location of the proposed animal feeding
24   operation must be approved by the county board of
25   supervisors in the county in which the proposed
26   operation is to be located.  Within thirty days of
27   receipt of a proposal to establish the animal feeding
28   operation, the county board shall provide notice of
29   the proposal by publishing notice in a newspaper of
30   general circulation in the county.  The county shall
31   also mail personal notice to each person who owns land
32   within two miles of the proposed operation.  The
33   person proposing the animal feeding operation shall
34   pay reasonable expenses relating to providing the
35   notice.  Within forty-five days after receipt of the
36   proposal, the county board shall hold a public hearing
37   on the proposal.  Within sixty days after receipt, the
38   county board may adopt the proposal or any
39   modification of the proposal it deems appropriate."
40     4.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 26, nays 51.

Iowa General Assembly

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

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/01200/01236.html
jhf