House File 701 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON AGRICULTURE

                                       (SUCCESSOR TO HSB 247)


    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    chronic complaints.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2721HV 81
  5 da/pj/5

PAG LIN



  1  1    Section 1.  Section 459.601, subsection 1, Code 2005, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  e.  A person shall be designated as a
  1  4 chronic complainant if within any two=year period the person
  1  5 files three or more complaints under this subsection with a
  1  6 county board of supervisors or the department, and the county
  1  7 board of supervisors or the department determines that each
  1  8 complaint does not contain an allegation that constitutes a
  1  9 violation of this chapter.  If within that two=year period a
  1 10 chronic complainant files a subsequent complaint with the
  1 11 county board of supervisors or the department under this
  1 12 subsection, and the county board of supervisors or the
  1 13 department determines that the complaint does not contain an
  1 14 allegation that constitutes a violation, the chronic
  1 15 complainant shall be liable to all of the following persons
  1 16 for the designated costs:
  1 17    (1)  The county or department for administrative costs
  1 18 incurred by the county or the department relating to its
  1 19 investigation of the allegation.
  1 20    (2)  The owner of the animal feeding operation for costs
  1 21 incurred or damages proximately caused by an investigation of
  1 22 the allegation.
  1 23                           EXPLANATION
  1 24    This bill amends a provision in Code chapter 459, the
  1 25 "Animal Agriculture Compliance Act".  The bill amends Code
  1 26 section 459.601, which provides that a person may file a
  1 27 complaint alleging that an animal feeding operation is in
  1 28 violation of the Code chapter.  The person may file the
  1 29 complaint with the county board of supervisors where the
  1 30 alleged violation occurs or the department of natural
  1 31 resources.  If the county board of supervisors determines that
  1 32 the allegation constitutes a violation, the board must forward
  1 33 the complaint to the department for further investigation and
  1 34 possible enforcement.
  1 35    The bill provides that a person is to be designated as a
  2  1 chronic complainant if the person files three or more
  2  2 complaints in a two=year period with a county board of
  2  3 supervisors or the department, and the board or the department
  2  4 determines that the complaint does not contain an allegation
  2  5 that constitutes a violation of the Code chapter.  Once a
  2  6 person is classified as a chronic complainant, the person's
  2  7 next complaint within that two=year period must contain an
  2  8 allegation that the board or department determines constitutes
  2  9 a violation or else the chronic complainant is liable to the
  2 10 county or department for the costs of the investigation and to
  2 11 the owner of the animal feeding operation for costs or damages
  2 12 arising from the investigation.
  2 13 LSB 2721HV 81
  2 14 da:nh/pj/5