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House Journal: Page 1531: Monday, April 13, 1998

39   of operation or expansion of the animal feeding
40   operation.  The rebuttable presumption A defense
41   against a cause of action provided in this section
42   includes, but is not limited to, a defense for actions
43   arising out of the care and feeding of animals; the
44   handling or transportation of animals; the treatment
45   or disposal of manure resulting from animals; the
46   transportation and application of animal manure; and
47   the creation of noise, odor, dust, or fumes arising
48   from an animal feeding operation.
49     6.  An animal feeding operation that complies with
50   the requirements in chapter 455B for animal feeding

Page  35

 1   operations shall be deemed to meet any common law
 2   requirements regarding the standard of a normal person
 3   living in the locality of the operation.
 4     7.  A If a court determines that a claim is
 5   frivolous, a person who brings the claim as part of
a
 6   losing cause of action against a person for whom the
 7   rebuttable presumption created who may raise a
defense
 8   under this section is not rebutted, shall be liable to
 9   the person against whom the action was brought for all
10   costs and expenses incurred in the defense of the
11   action, if the court determines that a claim is
12   frivolous.
13     8 7.  The rebuttable presumption created in
this
14   This section does not apply to an injury to a person
15   or damages to property caused by the animal feeding
16   operation before May 31, 1995 the effective date of
17   this section.
18     Sec. 39.  Section 657.11, subsection 4, unnumbered
19   paragraph 1, Code 1997, is amended to read as follows:
20     The rebuttable presumption This section does not
21   apply to a person during any period that the person is
22   classified as a chronic violator under this subsection
23   as to any confinement feeding operation in which the
24   person holds a controlling interest, as defined by
25   rules adopted by the department of natural resources.
26   The rebuttable presumption This section shall apply
to
27   the person on and after the date that the person is
28   removed from the classification of chronic violator.
29   For purposes of this subsection, "confinement feeding
30   operation" means an animal feeding operation in which
31   animals are confined to areas which are totally
32   roofed, and which are regulated by the department of
33   natural resources or the environmental protection
34   commission.
35     Sec. 40.  1995 Iowa Acts, chapter 195, section 37,
36   is amended to read as follows:
37     SEC. 37.  ANIMAL AGRICULTURE CONSULTING
38   ORGANIZATION.  The department of natural resources

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