Committee advances bill to add penalties, fee-shifting to Right to Farm Act to deter meritless complaints

Senate Bill 10 33, which would add fee-shifting and a graduated penalty scheme to Idaho's Right to Farm Act, was advanced to the Senate floor with a do-pass recommendation by the Agricultural Affairs Committee.

Sponsor’s rationale and main provisions

"The Right to Farm Act protects lawfully conducted agricultural operations from nuisance lawsuits and complaints, but operators can still be forced to respond to meritless claims," said State Senator Todd Lakey, sponsor of SB 1033. The bill would allow an agricultural operator who prevails in a nuisance lawsuit to recover reasonable attorney's fees and costs, Lakey said. The bill also creates a graduated set of consequences for repeated meritless complaints filed with state agencies or local law enforcement: a first instance would be educative, a second within two years would be an infraction carrying a $150 fine, a third within two years would be an infraction…