Text: H08176                            Text: H08178
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House Amendment 8177

Amendment Text

PAG LIN
  1  1    Amend House File 2494 as follows:
  1  2    #1.  Page 37, by inserting after line 24 the
  1  3 following:
  1  4    "Sec. ___.  Section 657.11, subsections 2, 3, 5, 6,
  1  5 7, and 8, Code 1997, are amended to read as follows:
  1  6    2.  If a person has received all permits required
  1  7 pursuant to chapter 455B for an animal feeding
  1  8 operation, as defined in section 455B.161, there shall
  1  9 be a rebuttable presumption that an An animal feeding
  1 10 operation is, as defined in section 455B.161, shall
  1 11 not be found to be a public or private nuisance under
  1 12 this chapter or under principles of common law, and
  1 13 that the animal feeding operation does shall not be
  1 14 found to unreasonably and continuously for substantial
  1 15 periods of time interfere with another person's
  1 16 comfortable use and enjoyment of the person's life or
  1 17 property under any other cause of action.  The
  1 18 rebuttable presumption also applies to persons who are
  1 19 not required to obtain a permit pursuant to chapter
  1 20 455B for an animal feeding operation as defined in
  1 21 section 455B.161.  The rebuttable presumption However,
  1 22 this section shall not apply if the person bringing
  1 23 the action proves that an injury to a the person or
  1 24 damage to the person's property is proximately caused
  1 25 by a either of the following:
  1 26    a.  The failure to comply with a federal statute or
  1 27 regulation or a state statute or rule which applies to
  1 28 the animal feeding operation.
  1 29    b.  3.  The rebuttable presumption may be overcome
  1 30 by clear and convincing evidence of both Both of the
  1 31 following:
  1 32    a. (1)  The animal feeding operation unreasonably
  1 33 and continuously for substantial periods of time
  1 34 interferes with another the person's comfortable use
  1 35 and enjoyment of the person's life or property.
  1 36    b. (2)  The injury or damage is proximately caused
  1 37 by the negligent operation of the animal feeding
  1 38 operation failed to use existing prudent generally
  1 39 accepted management practices reasonable for the
  1 40 operation.
  1 41    5.  The rebuttable presumption created by this This
  1 42 section shall apply regardless of the established date
  1 43 of operation or expansion of the animal feeding
  1 44 operation.  The rebuttable presumption A defense
  1 45 against a cause of action provided in this section
  1 46 includes, but is not limited to, a defense for actions
  1 47 arising out of the care and feeding of animals; the
  1 48 handling or transportation of animals; the treatment
  1 49 or disposal of manure resulting from animals; the
  1 50 transportation and application of animal manure; and
  2  1 the creation of noise, odor, dust, or fumes arising
  2  2 from an animal feeding operation.
  2  3    6.  An animal feeding operation that complies with
  2  4 the requirements in chapter 455B for animal feeding
  2  5 operations shall be deemed to meet any common law
  2  6 requirements regarding the standard of a normal person
  2  7 living in the locality of the operation.
  2  8    7.  A If a court determines that a claim is
  2  9 frivolous, a person who brings the claim as part of a
  2 10 losing cause of action against a person for whom the
  2 11 rebuttable presumption created who may raise a defense
  2 12 under this section is not rebutted, shall be liable to
  2 13 the person against whom the action was brought for all
  2 14 costs and expenses incurred in the defense of the
  2 15 action, if the court determines that a claim is
  2 16 frivolous.
  2 17    8.  The rebuttable presumption created in this This
  2 18 section does not apply to an injury to a person or
  2 19 damages to property caused by the animal feeding
  2 20 operation before May 31, 1995.
  2 21    Sec. ___.  Section 657.11, subsection 4, unnumbered
  2 22 paragraph 1, Code 1997, is amended to read as follows:
  2 23    4.  The rebuttable presumption This section does
  2 24 not apply to a person against whom a cause of action
  2 25 is brought as provided in this section during any
  2 26 period that the person is classified as a chronic
  2 27 violator under this subsection as to any confinement
  2 28 feeding operation in which the person holds a
  2 29 controlling interest, as defined by rules adopted by
  2 30 the department of natural resources.  The rebuttable
  2 31 presumption This section shall apply to the person on
  2 32 and after the date that the person is removed from the
  2 33 classification of chronic violator.  For purposes of
  2 34 this subsection, "confinement feeding operation" means
  2 35 an animal feeding operation in which animals are
  2 36 confined to areas which are totally roofed, and which
  2 37 are regulated by the department of natural resources
  2 38 or the environmental protection commission the same as
  2 39 defined in section 455B.161."
  2 40    #2.  By renumbering as necessary.  
  2 41 
  2 42 
  2 43                               
  2 44 WISE of Lee 
  2 45 
  2 46 
  2 47                               
  2 48 BELL of Jasper 
  2 49 
  2 50 
  3  1                               
  3  2 FALCK of Fayette 
  3  3 
  3  4 
  3  5                               
  3  6 LARKIN of Lee 
  3  7 
  3  8 
  3  9                               
  3 10 MAY of Worth 
  3 11 
  3 12 
  3 13                               
  3 14 MERTZ of Kossuth 
  3 15 
  3 16 
  3 17                               
  3 18 O'BRIEN of Boone 
  3 19 
  3 20 
  3 21                               
  3 22 THOMAS of Clayton 
  3 23 HF 2494.505 77
  3 24 da/jw/28

Text: H08176                            Text: H08178
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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