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House Journal: Page 675: Thursday, March 12, 1998

13   the person against whom the action was brought for all
14   costs and expenses incurred in the defense of the
15   action, if the court determines that a claim is
16   frivolous.
17     8.  The rebuttable presumption created in this
This
18   section does not apply to an injury to a person or
19   damages to property caused by the animal feeding
20   operation before May 31, 1995.
21     Sec. ___.  Section 657.11, subsection 4, unnumbered
22   paragraph 1, Code 1997, is amended to read as follows:
23     4.  The rebuttable presumption This section does
24   not apply to a person against whom a cause of action
25   is brought as provided in this section during any
26   period that the person is classified as a chronic
27   violator under this subsection as to any confinement
28   feeding operation in which the person holds a
29   controlling interest, as defined by rules adopted by
30   the department of natural resources.  The rebuttable
31   presumption This section shall apply to the person
on
32   and after the date that the person is removed from the
33   classification of chronic violator.  For purposes of
34   this subsection, "confinement feeding operation" means
35   an animal feeding operation in which animals are
36   confined to areas which are totally roofed, and which
37   are regulated by the department of natural resources
38   or the environmental protection commission the same
as
39   defined in section 455B.161."
40     2.  By renumbering as necessary.
Wise of Lee asked and received unanimous consent to withdraw
amendment H-8359, to amendment H-8177, filed by him from the
floor.
Eddie of Buena Vista rose on a point of order that amendment
H-8177 was not germane.
The Speaker ruled the point well taken and amendment H-8177 not
germane.
Weigel of Chickasaw offered the following amendment H-8231 filed
by him and moved its adoption:

H-8231

 1     Amend House File 2494 as follows:
 2     1.  Page 37, by inserting after line 24 the
 3   following:
 4     "Sec. ___.  Section 657.11, subsection 4, Code
 5   1997, is amended by striking the subsection.
 6     Sec. ___.  NEW SECTION.  657.11A  CHRONIC
 7   VIOLATORS.
 8     1.  As used in this section, unless the context

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