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House Journal: Page 1087: Thursday, March 28, 1996

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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