House Study Bill 247



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            AGRICULTURE BILL BY
                                            CHAIRPERSON DRAKE)


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