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House Journal: Page 2089: Friday, April 28, 1995

Page 6

 1   following:
 2     "   .  Page 20, line 22, by inserting after the
 3   word "operation." the following:  "The department
 4   shall comply with section 455B.103 in conducting an
 5   investigation of the premises where the animals are
 6   kept.""
 7     42.  By striking page 15, line 48, through page
 8   16, line 3, and inserting the following:
 9     "   .  Page 21, by striking lines 8 through 11 and
10   inserting the following:  "designated area than
11   provided in section 159.27.""
12     43.  Page 16, lines 10 and 11, by striking the
13   words "a permittee" and inserting the following:  "an
14   owner".
15     44.  Page 16, by inserting after line 23, the
16   following:
17     "   .  "Owner" means the owner of an animal feeding
18   operation, as defined in section 455B.161, which
19   utilizes an animal feeding operation structure."
20     45.  Page 16, by striking lines 28 through 30.
21     46.  Page 16, lines 31 and 32, by striking the
22   words "a permittee" and inserting the following:  "an
23   owner".
24     47.  Page 16, line 36, by striking the words "a
25   permittee" and inserting the following:  "an owner".
26     48.  Page 17, line 28, by striking the word
27   "release" and inserting the following:  "agreement".
28     49.  Page 17, line 34, by inserting after the word
29   "parties" the following:  "agreeing to mediation".
30     50.  Page 18, line 7, by striking the figures and
31   word "654B.2 or 654B.4" and inserting the following:
32   "654C.2 or 654C.4".
33     51.  By striking page 18, line 13, through page
34   20, line 1, and inserting the following:
35     "   .  By striking page 21, line 12, through page
36   22, line 30, and inserting the following:
37     "Sec. ___.  Section 657.1, Code 1995, is amended to
38   read as follows:
39     657.1  NUISANCE -- WHAT CONSTITUTES -- ACTION TO
40   ABATE.
41     Whatever is injurious to health, indecent, or
42   unreasonably offensive to the senses, or an
43   obstruction to the free use of property, so as
44   essentially to unreasonably interfere with the
45   comfortable enjoyment of life or property, is a
46   nuisance, and a civil action by ordinary proceedings
47   may be brought to enjoin and abate the same and to
48   recover damages sustained on account thereof.
49     Sec. ___.  Section 657.2, subsection 1, Code 1995,
50   is amended to read as follows:

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