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Senate committee backs printing of RS 32027 to strengthen "Right to Farm" protections
Summary
The Senate Agricultural Affairs Committee voted to print RS 32027, a proposal to amend Idaho's Right to Farm protections to allow recovery of attorney fees for prevailing agricultural operators and to penalize repeat meritless complaints to state or local agencies.
Todd Lakey, State Senator from District 23, presented RS 32027, the Idaho Right to Farm Act, to the Senate Agricultural Affairs Committee and asked that the committee print the proposed legislation. Lakey said the bill is intended to protect lawfully operating agricultural businesses from nuisance lawsuits and from repeat, meritless administrative complaints that burden producers and agencies.
The bill contains two primary provisions. First, if a farmer is sued on a nuisance claim and prevails because the operation is in compliance with Idaho’s Right to Farm protections, the farmer may recover attorney fees from the non‑prevailing party. Second, the measure would impose escalating penalties on repeated meritless complaints brought to state agencies or local law enforcement: a second meritless complaint within a two‑year rolling window would be an infraction with a $150 fine; a third meritless complaint in that window would be an infraction with a $300 fine; a fourth and subsequent meritless complaint within two years would be a misdemeanor.
Committee members asked how “meritless” would be determined. Lakey said the investigating agency would first evaluate a complaint and deem it without merit if the operation is compliant with the Right to Farm Act; if an infraction is pursued under the proposed penalty framework the court would ultimately determine merit. Lakey also noted that the bill is not intended to shield operators who are violating the law.
Senators asked whether nuisance suits have increased; Lakey said he had not tracked case counts and could not confirm a trend, but that the provision responds to complaints he has heard from operators over time. No members of the public were signed up to testify. A motion to print RS 32027 was moved and seconded; the committee approved the motion by voice vote and the bill will be printed for further consideration.
Votes at a glance: Motion to print RS 32027 — approved (voice vote).
