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House Journal: Page 2065: Friday, April 28, 1995

Page 2  

 1   administrative process requiring the disclosure of
 2   confidential communications.
 3     Sec. ___.  Section 13.15, unnumbered paragraph 1,
 4   Code 1995, is amended to read as follows:
 5     The A farm mediation service providing
mediation
 6   services under chapter 654A or 654B shall recommend
 7   rules to administer those chapters to the farm
 8   assistance program coordinator.  A mediation service
 9   providing mediation services under chapter 654C shall
10   recommend rules to administer that chapter to the
11   organic nutrient management board.  The board shall
12   submit the recommendations with comments or its own
13   recommendations to the farm assistance program
14   coordinator.  The coordinator shall adopt rules
15   pursuant to chapter 17A to set the compensation of
16   mediators and to implement this subchapter and
17   chapters 654A and 654B.
18     Sec. ___.  Section 13.16, Code 1995, is amended to
19   read as follows:
20     13.16  LIMITATION ON LIABILITY -- IMMUNITY FROM
21   SPECIAL ACTIONS.
22     1.  A member of the a farm mediation
mediation's 
23   staff, including a mediator, employee, or agent of the
24   service, or member of a board for the service, is not
25   liable for civil damages for a statement or decision
26   made in the process of mediation, unless the member
27   acts in bad faith, with malicious purpose, or in a
28   manner exhibiting willful and wanton disregard of
29   human rights, safety, or property.
30     2.  A judicial action which seeks an injunction,
31   mandamus, or similar equitable relief shall not be
32   brought against the a farm mediation service,
33   including a mediator, employee, or agent of the
34   service, or a member of a board for the service until
35   completion of the mediation process."
36     2.  Page 1, by striking lines 6 through 11 and
37   inserting the following:  "feet from a designated
38   area, unless one of the following applies:
39     1.  The manure is applied by injection or
40   incorporation within twenty-four hours following the
41   application.
42     2.  An area of permanent vegetation cover exists
43   for fifty feet surrounding the designated area and
44   that area is not subject to manure application.
45     As used in this section, "designated area" means a
46   known sinkhole, or a cistern, abandoned well,
47   unplugged agricultural drainage well, agricultural
48   drainage well surface inlet, drinking water well, or
49   lake, or a farm pond, or privately owned lake as
50   defined in section 462A.2.  However, a "designated

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.

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URL: /DOCS/GA/76GA/Session.1/HJournal/02000/02065.html
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