Vermont H 407: An act relating to penalties for animal cruelty offenses

Bill Text

BILL AS INTRODUCED H.407
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VT LEG #379747 v.1
H.407 1
Introduced by Representatives Nelson of Derby, Boutin of Barre City, Boyden 2
of Cambridge, Branagan of Georgia, Burtt of Cabot, Casey of 3
Hubbardton, Charlton of Chester, Cooper of Pownal, Dobrovich 4
of Williamstown, Feltus of Lyndon, Goslant of Northfield, 5
Greer of Bennington, Gregoire of Fairfield, Harvey of 6
Castleton, Higley of Lowell, Hooper of Randolph, Labor of 7
Morgan, Laroche of Franklin, Lipsky of Stowe, Maguire of 8
Rutland City, Morgan, L. of Milton, Morgan, M. of Milton, 9
Morris of Springfield, Morrissey of Bennington, Nielsen of 10
Brandon, North of Ferrisburgh, Parsons of Newbury, Pinsonault 11
of Dorset, Powers of Waterford, Sibilia of Dover, Southworth 12
of Walden, Steady of Milton, Sweeney of Shelburne, Tagliavia 13
of Corinth, Walker of Swanton, Wells of Brownington, and 14
Winter of Ludlow 15
Referred to Committee on 16
Date: 17
Subject: Court procedure; agriculture; nuisance suits; agricultural activities; 18
right-to-farm 19
Statement of purpose of bill as introduced: This bill proposes to amend the 20
protection against nuisance suits for agricultural activities under the Vermont 21

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VT LEG #379747 v.1
right-to-farm law by providing that an agricultural activity shall not be a 1
nuisance or trespass when the activity complies with generally accepted 2
agricultural practices. The nuisance and trespass protection for an agricultural 3
activity would not apply whenever a nuisance or trespass violation results from 4
the negligent operation of an agricultural activity or from a violation of the 5
State agricultural water quality requirements. The bill would also provide that 6
an agricultural activity shall not lose nuisance or trespass protection due to a 7
change of ownership or a cessation of operation of not more than ten years; a 8
change of crops produced; or a change of a farming method or conversion of a 9
farming practice or agricultural activity to another farming method, practice, or 10
agricultural activity on a farm. The act would also provide that a person shall 11
not bring a court action based on a claim of nuisance or trespass arising from 12
an agricultural activity unless the person and the operator of the agricultural 13
activity, at least once, attempt to resolve through mediation the issue or dispute 14
that the person has concerning operation of the agricultural activity. 15
An act relating to protection from nuisance suits for agricultural activities 16

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VT LEG #379747 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 12 V.S.A. chapter 195 is amended to read: 2
CHAPTER 195. NUISANCE SUITS AGAINST AGRICULTURAL 3
ACTIVITIES 4
§ 5751. LEGISLATIVE FINDINGS AND PURPOSE 5
The General Assembly finds that agricultural production is a major 6
contributor to the State’s economy; that agricultural lands constitute unique 7
and irreplaceable resources of statewide importance; that the continuation of 8
existing and the initiation of new agricultural activities preserve the landscape 9
and environmental resources of the State, contribute to the increase of tourism, 10
and further the economic welfare and self-sufficiency of the people of the 11
State; and that the encouragement, development, improvement, and 12
preservation of agriculture will result in a general benefit to the health and 13
welfare of the people of the State. In order for the agricultural industry to 14
survive in this State, farms will likely change, adopt new technologies, and 15
diversify into new products, which for some farms will mean increasing in 16
size. The General Assembly finds that agricultural activities are potentially 17
subject to lawsuits based on the theory of nuisance, and that these suits 18
encourage and could force the premature removal of the farmlands and other 19
farm resources from agricultural use. It is the purpose of this chapter to protect 20

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reasonable agricultural activities conducted on the farm from nuisance 1
lawsuits. 2
§ 5752. DEFINITIONS 3
For the purpose of As used in this chapter,: 4
(1) “agricultural activity” means, but is not limited to: 5
(1)(A) the cultivation or other use of land for producing food, fiber, 6
Christmas trees, maple sap, or horticultural and orchard crops; the raising, 7
feeding, or management of domestic animals as defined in 6 V.S.A. § 1151 or 8
bees; the operation of greenhouses; the production of maple syrup; the on-site 9
storage, preparation, and sale of agricultural products principally produced on 10
the farm; and the on-site production of fuel or power from agricultural 11
products or wastes principally produced on the farm; 12
(2)(B) the preparation, tilling, fertilization, planting, protection, 13
irrigation, and harvesting of crops; the composting of material principally 14
produc