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House Journal: Page 1075: Tuesday, April 8, 1997

Page 4

 1   provided in section 455B.203.
 2     f.  The department shall not issue a permit to a
 3   person under this subsection if an enforcement action
 4   by the department, relating to a violation of this
 5   chapter concerning a confinement feeding operation in
 6   which the person has an interest, is pending.  The
 7   department shall not issue a permit to a person under
 8   this subsection for five years after the date of the
 9   last violation committed by a person or confinement
10   feeding operation in which the person holds a
11   controlling interest during which the person or
12   operation was classified as a habitual violator under
13   section 455B.191.  The department shall conduct an
14   annual review of each confinement feeding operation
15   which is a habitual violator and each confinement
16   feeding operation in which a habitual violator holds a
17   controlling interest.  The department shall notify
18   persons classified as habitual violators of their
19   classification, additional restrictions imposed upon
20   the persons pursuant to the classification, and
21   special civil penalties that may be imposed upon the
22   persons.  The notice shall be sent to the persons by
23   certified mail."
Frevert of Palo Alto offered the following amendment H-1592, to
amendment H-1425, filed by her from the floor and moved its
adoption:

H-1592

 1     Amend the amendment, H-1425, to House File 708 as
 2   follows:
 3     1.  Page 1, line 4, by striking the word
 4   "CONFINEMENT" and inserting the following:
 5   "INDUSTRIAL SWINE".
 6     2.  Page 1, by striking lines 6 through 12 and
 7   inserting the following:
 8     "1.  As used in this section, an "industrial swine
 9   feeding operation" means a confinement feeding
10   operation as defined in section 455B.161 in which
11   swine are confined and fed, if any of the following
12   apply:
13     a.  The operation controls, owns, or contracts for
14   the care and feeding of six hundred twenty-five
15   thousand pounds or more animal weight capacity for
16   swine.  "Animal weight capacity" is calculated in the
17   same manner as provided in section 455B.161.
18     b.  If the operation is not a business entity, the
19   operation owner of the agricultural land where the
20   operation is located is not qualified to file for a
21   homestead tax credit as provided in section 425.2 or a
22   family farm tax credit as provided in section 425A.4

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