This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Journal: Page 672: Thursday, March 12, 1998

 3   following:
 4     "Sec. ___.  NEW SECTION.  455B.207  CONFINEMENT
 5   FEEDING OPERATIONS - COUNTY POWERS AND DUTIES.
 6     The board of supervisors in the county where a
 7   confinement feeding operation is located may enforce
 8   sections 455B.201 through 455B.206, including rules
 9   adopted pursuant to those sections.  The board must
10   deliver a notice by certified mail to the department,
11   stating that an operation may be in violation of the
12   sections or departmental rules.  The board shall
13   deliver the notice only after approval of the action
14   by resolution.  The notice shall be in writing and
15   shall state the location of the operation, the name
16   and address of the owner, and an explanation of the
17   possible violation.  The board may inform the
18   department that the board reserves its right to
19   enforce the sections or rules as provided in this
20   section, if the department fails to initiate an
21   investigation or enforcement action or continue an
22   enforcement action which results in an administrative
23   hearing or a settlement of the case.  The county may
24   begin enforcement proceedings after thirty days
25   following delivery of the notice, unless the
26   department commences and maintains active enforcement
27   of the sections or its rules.  The county shall not
28   initiate or continue an enforcement action if the
29   county receives notice and results of the
30   investigation by the department that the department
31   has conducted an investigation and has determined that
32   the operation is not in violation of the sections or
33   departmental rules.  Once the county begins an
34   enforcement action, it shall be the party in interest
35   in the case and have sole authority and responsibility
36   to proceed with the action.  The county may refer any
37   case to the attorney general.  The department of
38   natural resources may assume the enforcement action
39   from the county.  However, if the department assumes
40   the enforcement action, the department shall be
41   required to resolve the action.  The county shall
42   bring the enforcement action according to the same
43   procedures used for a county infraction as provided in
44   section 331.307.  However, the civil penalty may be
45   for any amount that could be assessed by the
46   department."
47     2.  By renumbering as necessary.
Amendment H-8224 lost.
Heaton of Henry offered the following amendment H-8262 filed by
him and moved its adoption:

H-8262

 1     Amend House File 2494 as follows:

© 1998 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri Mar 13 13:40:03 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/00600/00672.html
jhf