Senate File 447 S-3141 Amend Senate File 447 as follows: 1 1. Page 1, line 16, after < actions. > by inserting 2 < In order to accomplish this purpose an affirmative 3 defense is provided in cases in which the animal 4 feeding operation is operated using existing prudent 5 and generally utilized management practices, has 6 operated prior to any damages suffered by the person 7 bringing the action, is operated in compliance with 8 applicable federal and state law, and is not operated 9 by a person who has habitually violated this state’s 10 water quality laws. > 11 2. Page 1, line 28, by striking < conclusively > 12 3. Page 1, line 32, after < subsection 3. > by 13 inserting < The presumption may be rebutted by evidence 14 demonstrating that a reasonable probability exists that 15 prudent and generally utilized management practices 16 may be available that would significantly reduce 17 compensatory damages awarded under a new cause of 18 action described in this subsection if brought by the 19 same person and under the same circumstances within ten 20 years immediately after the present cause of action was 21 brought. > 22 4. Page 3, after line 25 by inserting: 23 < ___. This section does not apply if a cause of 24 action described in subsection 2 is brought by a person 25 whose comfortable use and enjoyment of life or property 26 preceded the establishment or expansion of the animal 27 feeding operation that is asserted to be the proximate 28 cause of the compensatory damages. > 29 5. By renumbering, redesignating, and correcting 30 internal references as necessary. 31 ______________________________ KEVIN KINNEY -1- SF447.1299 (1) 87 da/rj 1/ 1 #1. #2. #3. #4. #5.