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House Journal: Page 1278: Wednesday, April 5, 1995

Bernau of Story offered the following amendment H-3511, to the
committee amendment H-3327, filed by him and moved its adoption:
H-3511
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  By striking page 1, line 4, through page 3,
 4   line 49, and inserting the following:
 5     ""Section 1.  NEW SECTION.  17A.30  PRIVATE FARM
 6   PROPERTY REGULATORY FLEXIBILITY ANALYSIS.
 7     1.  For the purpose of this section, unless the
 8   context otherwise requires:
 9     a.  "Farmer" means a person who owns private farm
10   property.
11     b.  "Inverse condemnation" means the reduction in
12   the fair market value of private farm property by more
13   than fifty percent due to a proposed rule.
14     c.  "Private farm property" means any real
15   property, including farm dwellings, improvements,
16   buildings, and structures, in this state owned by a
17   person other than the state, a political subdivision,
18   or other governmental entity which is used in
19   connection with the production of agricultural
20   commodities, including, but not limited to, the
21   raising, harvesting, drying, or storage of crops; the
22   maintenance of pasture or grassland; the care or
23   feeding of livestock including poultry; the production
24   of eggs or milk; and the production of fruit or other
25   horticultural crops.
26     2.  If an agency proposes a rule which may impact
27   private farm property as an inverse condemnation, the
28   agency shall comply with the additional notice
29   provisions of subsection 3 and the analysis
30   requirements of subsection 4.
31     3.  If a proposed rule may impact private farm
32   property as an inverse condemnation, the agency shall
33   include in its notice of intended agency action
34   pursuant to section 17A.4, in the Iowa administrative
35   bulletin that the proposed rule-making may be an
36   inverse condemnation.  The agency shall notify farm
37   organizations who have registered with the agency
38   requesting notification.
39     4.  An agency shall issue a regulatory flexibility
40   analysis of a proposed rule, if the agency finds that
41   the proposed rule may impact private farm property as
42   an inverse condemnation, or if within twenty days
43   after the published notice of the proposed rule
44   adoption, a written request for the analysis is filed
45   with the appropriate agency by the administrative
46   rules review committee, the governor, a political
47   subdivision, at least twenty-five farmers, or a
48   registered organization representing at least twenty-
49   five farmers.
50     The agency in its regulatory flexibility analysis

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/01200/01278.html
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