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
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.