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H-5537 1 Amend Senate File 2375 as follows: 2 1. Page 1, lines 5 and 6, by striking the words 3 "subsection, including a" and inserting the following: 4 "subsection as to any". The committee amendment H-5537 was adopted. Moreland of Wapello asked and received unanimous consent that amendment H-5706 be deferred. Kreiman of Davis offered amendment H-5707 filed by him as follows: H-5707 1 Amend Senate File 2375, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 657.11, subsection 2, Code 6 Supplement 1995, is amended by striking the subsection 7 and inserting in lieu thereof the following: 8 2. If an animal feeding operation is a small 9 animal feeding operation as defined in section 10 455B.161, there shall be a rebuttable presumption that 11 the small animal feeding operation is not a public or 12 private nuisance under this chapter or under 13 principles of common law, and that the small animal 14 feeding operation does not unreasonably interfere with 15 another person's comfortable use and enjoyment of the 16 person's life or property under any other cause of 17 action. The rebuttable presumption shall not apply if 18 the injury to a person or damage to property is 19 proximately caused by a failure to comply with a 20 federal statute or regulation or a state statute or 21 rule which applies to the animal feeding operation." 22 2. Title page, line 2, by striking the word 23 "persons" and inserting the following: "persons." 24 3. Title page, by striking lines 3 and 4. Millage of Scott in the chair at 9:43 a.m. Speaker Corbett in the chair at 9:47 a.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Boddicker of Cedar, until his arrival, on request of Siegrist of Pottawattamie. Kreiman of Davis moved the adoption of amendment H-5707. Roll call was requested by Kreiman of Davis and Eddie of Buena Vista.
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