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House Journal: Page 1238: Tuesday, April 4, 1995

31   not to exceed fifty dollars for the borrower and one
32   hundred dollars for the creditor.  The hourly
33   mediation fee may be waived for any party
34   demonstrating financial hardship upon application to
35   the farm mediation service.
36     The compensation of a mediator shall be no more
37   than twenty-five dollars per hour, and all parties
38   shall contribute an equal amount of the cost.
39   However, if a meeting is held under section 455B.205,
40   the animal feeding operation shall pay the mediator
41   the costs of conducting the meeting.
42     The coordinator shall adopt voluntary mediation
43   application and mediation request forms.  The
44   coordinator shall adopt necessary forms to carry out
45   section 455B.205.
46     Sec. ___.  NEW SECTION.  13.17  GOOD NEIGHBOR
47   MEETINGS.
48     The farm assistance program coordinator, provided
49   in this subchapter, shall contract with the farm
50   mediation service to conduct meetings in order to

Page 2  

 1   provide for a good neighbor policy relating to animal
 2   feeding operations as provided in section 455B.205.
 3   The meetings shall not be considered mediation under
 4   this subchapter or chapters 654A and 654B."
 5     2.  Page 14, line 7, by inserting after the word
 6   "permit." the following:  "The application for a
 7   construction permit shall include a section for a good
 8   neighbor policy as required pursuant to section
 9   455B.205, which the applicant is not required to
10   complete unless the applicant elects to be eligible
11   for nuisance suit protection under section 657.11.
12   The department shall file a permittee's amendments to
13   the section with the application."
14     3.  Page 18, by inserting after line 16 the
15   following:
16     "Sec. ___.  NEW SECTION.  455B.205  GOOD NEIGHBOR
17   POLICY.
18     1.  The purpose of this section is to codify the
19   spirit of informal conduct to the expansion of animal
20   feeding operations in this state, which has
21   traditionally existed between farmers and neighbors,
22   based on a common set of farmer-neighbor expectations
23   relating to conversation, cooperation, tolerance, and
24   community harmony, when a farmer implements good faith
25   business practices.
26     2.  A person who, on and after the effective date
27   of this Act, shall not obtain a construction permit
28   pursuant to section 455B.173, unless the person
29   develops a good neighbor policy prior to receiving the
30   permit in order to provide that the animal feeding
31   operation subject to the permit is eligible for

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