House File 2703 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 247)
(SUCCESSOR TO HF 701)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to animal feeding operations, by providing for
2 complaints.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6583HV 81
5 da/je/5
PAG LIN
1 1 Section 1. NEW SECTION. 459.511 COMPLAINTS.
1 2 1. As used in this section, "enforcement authority" means
1 3 the department or a county.
1 4 2. If a person filing a complaint with an enforcement
1 5 authority alleging a violation of this chapter has filed three
1 6 or more complaints in the preceding two=year period with that
1 7 enforcing authority that did not contain an allegation that
1 8 constituted a violation, the department or county shall
1 9 refrain from conducting an investigation until the person
1 10 files a form of financial responsibility in the form of cash
1 11 or approved sureties to pay all of the following:
1 12 a. Administrative costs incurred by the enforcement
1 13 authority relating to conducting an investigation.
1 14 b. Costs incurred by the owner of the animal feeding
1 15 operation which is being investigated or damages to the owner
1 16 of the animal feeding operation proximately caused by the
1 17 enforcement authority's investigation.
1 18 3. If after an investigation the enforcement authority
1 19 determines that the complaint contains an allegation that
1 20 constitutes a violation, the enforcement authority shall
1 21 return the form of financial responsibility to the person or
1 22 cancel it. However, if the enforcement authority determines
1 23 that the complaint does not contain an allegation that
1 24 constitutes a violation, the enforcement authority shall
1 25 redeem and use the form of financial responsibility to pay for
1 26 costs as provided in this section, and return any remaining
1 27 amount to the person.
1 28 EXPLANATION
1 29 This bill amends a provision in Code chapter 459, the
1 30 "Animal Agriculture Compliance Act". The bill amends
1 31 subchapter V, relating to enforcement, by creating a new
1 32 section which provides for complaints to the department of
1 33 natural resources or a county (an "enforcement authority").
1 34 The bill provides that if in a two=year period a person
1 35 files three or more complaints with an enforcement authority
2 1 alleging a violation of Code chapter 459 that does not contain
2 2 an allegation that constitutes a violation, the enforcement
2 3 authority must refrain from conducting an investigation until
2 4 the person files a form of financial responsibility in the
2 5 form of cash or approved sureties to pay for administrative
2 6 costs incurred by the enforcement authority relating to
2 7 conducting an investigation, or costs incurred by the owner of
2 8 the animal feeding operation which is being investigated or
2 9 damages to the owner of the animal feeding operation
2 10 proximately caused by the enforcement authority's
2 11 investigation.
2 12 The bill provides that if after an investigation the
2 13 enforcement authority determines that the complaint contains
2 14 an allegation that constitutes a violation, the enforcement
2 15 authority must return the form of financial authority to the
2 16 person or cancel it. However, if the enforcement authority
2 17 determines that the complaint does not contain an allegation
2 18 that constitutes a violation, the enforcement authority must
2 19 redeem and use the form of financial authority to pay for the
2 20 costs.
2 21 LSB 6583HV 81
2 22 da:nh/je/5