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.