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House Journal: Page 2091: Friday, April 28, 1995

Page 8

 1   operation.
 2     For purposes of this section, "continuously" means
 3   more than a majority of the time.
 4     4.  The rebuttable presumption created by this
 5   section shall apply regardless of the established date
 6   of operation or expansion of the animal feeding
 7   operation.  The rebuttable presumption includes, but
 8   is not limited to, a defense for actions arising out
 9   of the care and feeding of animals; the handling or
10   transportation of animals; the treatment or disposal
11   of manure resulting from animals; the transportation
12   and application of animal manure; and the creation of
13   noise, odor, dust, or fumes arising from an animal
14   feeding operation.
15     5.  An animal feeding operation that complies with
16   the requirements in chapter 455B for animal feeding
17   operations shall be deemed to meet any common law
18   requirements regarding the standard of a normal person
19   living in the locality of the operation.
20     6.  A person who brings a losing cause of action
21   against a person for whom the rebuttable presumption
22   created under this section is not rebutted, shall be
23   liable to the person against whom the action was
24   brought for all costs and expenses incurred in the
25   defense of the action, if the court determines that a
26   claim is frivolous.
27     7.  The rebuttable presumption created in this
28   section does not apply to an injury to a person or
29   damages to property caused by the animal feeding
30   operation before the effective date of this Act.""
31     52.  Page 20, by striking lines 2 through 4.
32     53.  Page 20, by inserting before line 5 the
33   following:
34     "   .  Page 22, line 31, by striking the words
35   "CONSULTATION WITH INTERESTED ORGANIZATIONS." and
36   inserting the following:  "ANIMAL AGRICULTURE
37   CONSULTING ORGANIZATION."
38        .  Page 22, line 35, by inserting after the
39   word "association," the following:  "an organization
40   representing agricultural producers generally,".
41        .  Page 22, line 35, by inserting after the
42   word "university," the following:  "the soil
43   conservation division of the department of agriculture
44   and land stewardship,".
45        .  Page 23, by striking lines 4 through 8 and
46   inserting the following:  "Act, and the Act's
47   implementation.  The department shall consult with"."
48     54.  By renumbering as necessary.
Siegrist of Pottawattamie asked and received unanimous consent
to defer action on House File 519. 

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/02000/02091.html
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