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Missourians for Local Control,
Yesterday Senator Koster introduced a Senate
Committee Substitute for SB 364, which, according to him, is even worse
than the first SB 364. It explicitly prohibits health ordinances from
applying to any agricultural operations.
There will be a Senate Ag Committee
Hearing on Feb. 27th at 1:30. We need to get as many
phone calls as possible into the Senate Ag Committee next week and we need
as many people as possible to testify against the bill at the hearing.
We should focus on the Senate Ag Committee, but also continue to call all
Senators, because it looks like the strategy is to get this bill to the
Senate floor. We know that Senator Shoemyer is on our side, so he does
not need to be called.
We also talked to Representative Munzlinger
yesterday, and he indicated he is still planning to introduce the bill on
the House side. So the fight is on.
If we all stay engaged, we have a good chance
of beating this bill!
Below is a list of Senate Ag Committee members, Senators and their phone
numbers and the new bill summary.
Thanks for all your work to save local control.
Rhonda & Tim
Missouri Rural Crisis Center
MEMBERS:
Summary for Senate Committee Substitute for Senate
Bill 364
This act prohibits any county public health order,
ordinance, rule, or regulation from applying to agricultural
operations.
Under current law, farms and farming-related activities
are protected against nuisance suits resulting from changed conditions
in land around the farm, provided that the farm or activity has been
in existence at least one year and has not previously been found a
nuisance. This act adds protection from suits of trespass for farms
and farming activities under the same conditions. Additionally,
current law allows farms and farming-related activities to reasonably
expand and still retain their protected status against nuisance suits,
provided the farm or farming activity meets certain criteria as
specified. This act allows farms and farm-related activities to also
reasonably diversify or modernize under similar criteria and remain
protected against suits of nuisance and trespass.
The act protects farms and farming-related activities
from suits of nuisance or trespass for any condition resulting from,
but not limited to, the acts of planning, cultivating, harvesting,
mowing, applying pesticides or herbicides, land clearing, livestock
management, or construction of farm roads, lakes, and ponds.
Farms or farming-related activities arm not protected
from suits of nuisance or trespass resulting from negligent conduct.
The act removes a provision stating that state
regulation of certain concentrated animal feeding operations shall not
be construed as restricting local control over concentrated animal
feeding operations.
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