Text: HF00509 Text: HF00511 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 455B.202A SUBSEQUENT VIOLATIONS 1 2 BY HABITUAL VIOLATORS CLOSING OPERATIONS. 1 3 1. This section applies to a violation of any provision of 1 4 this division involving a condition or requirement of a permit 1 5 required for a confinement feeding operation pursuant to 1 6 section 455B.200A, a provision of this part, or a rule or 1 7 order issued by the department under this division, if the 1 8 violation is committed by a confinement feeding operation 1 9 which is classified as a habitual violator pursuant to section 1 10 455B.191 or a person classified as a habitual violator who 1 11 holds a controlling interest in the confinement feeding 1 12 operation. 1 13 2. The department shall order that the owner of the 1 14 confinement feeding operation transfer the ownership to a 1 15 person approved by the department, not later than sixty days 1 16 from the issuance of departmental order. 1 17 3. Until the confinement feeding operation is transferred, 1 18 a person shall not transport animals, or viable eggs or semen 1 19 into the confinement feeding operation. 1 20 4. If the confinement feeding operation or a person who 1 21 holds a controlling interest in the confinement feeding 1 22 operation owes the state moneys for the payment of civil 1 23 penalties, criminal fines, or the reimbursement of 1 24 departmental expenses, a departmental official shall be 1 25 present during the transportation of the animals to slaughter. 1 26 The payment received for the sale of the animals shall be made 1 27 by joint check payable to the confinement feeding operation 1 28 and the department. 1 29 5. In order to access the confinement feeding operation, a 1 30 departmental official must comply with standard disease 1 31 control restrictions customarily required by the operation. 1 32 The department shall comply with section 455B.103, subsection 1 33 4, in entering the premises of the confinement feeding 1 34 operation. 1 35 6. The department shall assess, and the confinement 2 1 feeding operation shall pay, the actual costs of providing the 2 2 oversight to assure compliance with this section. 2 3 Sec. 2. NEW SECTION. 455B.202B SUBSEQUENT VIOLATIONS BY 2 4 HABITUAL VIOLATORS ENHANCED PENALTIES. 2 5 This section applies to a violation of any provision of 2 6 this division involving a condition or requirement of a permit 2 7 required for a confinement feeding operation pursuant to 2 8 section 455B.200A, a provision of this part, or a rule or 2 9 order issued by the department under this division, if the 2 10 violation is committed by a person who is classified as a 2 11 habitual violator. 2 12 1. For each violation committed subsequent to the 2 13 violation which results in the person being classified as a 2 14 habitual violator, one of the following shall apply: 2 15 a. If the violation is knowingly committed, the person is 2 16 guilty of an aggravated misdemeanor. A conviction for a 2 17 violation is punishable by a fine of not more than twenty-five 2 18 thousand dollars for each day of violation or by imprisonment 2 19 for not more than two years, or both. 2 20 b. The person is subject to a civil penalty not to exceed 2 21 twenty-five thousand dollars for each day the violation 2 22 continues. 2 23 2. For a second violation involving a confinement feeding 2 24 operation which is committed subsequent to the violation which 2 25 results in classifying the person as a habitual violator, the 2 26 confinement feeding operation shall be forfeited to the state 2 27 pursuant to section 455B.202C. If a person holding a 2 28 controlling interest in the forfeited confinement feeding 2 29 operation holds a controlling interest in another confinement 2 30 feeding operation, all confinement feeding operations in which 2 31 the person holds a controlling interest shall be forfeited to 2 32 the state as provided in section 455B.202C. 2 33 Sec. 3. NEW SECTION. 455B.202C HABITUAL VIOLATORS 2 34 FORFEITURE AND RECEIVERSHIP PROCEEDINGS. 2 35 1. If a confinement feeding operation is subject to 3 1 forfeiture, the forfeiture shall proceed as provided in 3 2 chapter 809A. The attorney general shall serve as the 3 3 prosecuting attorney and the department shall serve as the 3 4 seizing agency. 3 5 2. Upon petition, the court hearing the case shall appoint 3 6 the department as receiver. Upon the filing of the petition 3 7 the court shall issue ex parte such temporary orders as may be 3 8 necessary to preserve or protect the assets in receivership, 3 9 or the assets' value, and the rights of creditors until a plan 3 10 of disposition is approved. 3 11 a. A petition filed by the department shall be accompanied 3 12 by the department's plan for disposition of the assets of the 3 13 confinement feeding operation. The plan shall provide for the 3 14 sale of the assets, including animals, for the benefit of 3 15 creditors, or as may be necessary, as the department in its 3 16 discretion determines to be necessary to minimize losses. The 3 17 plan shall provide for reimbursing expenses of the department 3 18 in administering the receivership, including expenses incurred 3 19 in appointing a receiver. 3 20 b. When a petition for receivership is filed by the 3 21 department, the clerk of the district court shall set a date 3 22 for hearing on the department's proposed plan of disposition 3 23 at a time not less than ten nor more than fifteen days after 3 24 the date the petition is filed. When appointed as a receiver 3 25 under this section, the department shall cause notification of 3 26 the appointment to be published once each week for two 3 27 consecutive weeks in a newspaper of general circulation in 3 28 each of the counties in which the confinement feeding 3 29 operation is located. 3 30 c. The actions of the department in connection with 3 31 petitioning for appointment as a receiver, and all actions 3 32 pursuant to such appointment, shall not be subject to the 3 33 provisions of chapter 17A. 3 34 d. The department may appoint a person to act as receiver. 3 35 A person appointed by the department and carrying out the 4 1 duties of the department in acting as receiver under this 4 2 section shall be deemed to be an employee of the state as 4 3 defined in section 669.2. Chapter 669 is applicable to any 4 4 claim as defined in section 669.2 against the person carrying 4 5 out the duties of the department in acting as receiver. 4 6 Sec. 4. EFFECTIVE DATE. This Act, being deemed of 4 7 immediate importance, takes effect upon enactment. 4 8 EXPLANATION 4 9 This bill amends Code chapter 455B, which provides for 4 10 environmental protection as administered by the department of 4 11 natural resources. Specifically, the bill imposes increased 4 12 penalties upon persons classified as habitual violators of 4 13 regulations relating to confinement feeding operations. Under 4 14 current law, a habitual violator is a person who commits three 4 15 or more violations concerning specific regulations involving 4 16 the construction or operation of a confinement feeding 4 17 operation. The violations relate to completing a false 4 18 application for a construction permit, failing to obtain a 4 19 construction permit prior to construction, causing pollution 4 20 to the waters of the state, or failing to submit a manure 4 21 management plan. 4 22 The bill imposes special penalties upon habitual violators 4 23 who commit a subsequent violation of provisions in Code 4 24 chapter 455B, including departmental rules. First, the 4 25 department must order the owner of the confinement feeding 4 26 operation to transfer ownership of the confinement feeding 4 27 operation to a person approved by the department. The bill 4 28 places restrictions upon the management of the confinement 4 29 feeding operation, which may involve direct departmental 4 30 oversight of the confinement feeding operation. In addition, 4 31 the bill imposes enhanced penalties upon habitual violators 4 32 who commit a subsequent violation. A habitual violator 4 33 knowingly committing a subsequent offense is guilty of an 4 34 aggravated misdemeanor punishable by up to two years 4 35 imprisonment and a $25,000 per day criminal fine, or both. In 5 1 addition, a civil penalty of up to $25,000 per day may be 5 2 assessed. The bill provides that for another subsequent 5 3 violation, the confinement feeding operation is forfeited to 5 4 the state. The bill provides for the management of the 5 5 forfeited confinement feeding operation, including the 5 6 appointment of the department as a receiver. 5 7 The bill takes effect upon enactment. 5 8 LSB 2348YH 78 5 9 da/jw/5.1
Text: HF00509 Text: HF00511 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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