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Utah Senate approves bill to protect agricultural practices after technical amendment

Utah State Senate · February 19, 2009
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Summary

House Bill 27, intended to protect family farms and agricultural operations from nuisance claims related to urban encroachment, passed the Utah Senate Feb. 18 after a technical amendment to correct drafting; final tally was 26-6, 3 absent.

The Utah Senate passed House Bill 27 on Feb. 18, a measure lawmakers described as focused on protecting family farms and agricultural operations from nuisance claims linked to urban sprawl.

Sponsor Senator Dayton said the bill aims to preserve the right to farm and to shield producers from litigation that can arise as development approaches rural areas. Senator Bell questioned whether the bill would affect large agricultural businesses such as large-scale livestock operations; Senator Dayton said existing regulatory regimes (water and air quality, zoning and Department of Agriculture rules) would continue to apply to larger producers.

A senator later asked to reconsider the earlier vote to allow a technical amendment: inserting the word "and" on line 46 to correct drafting. The amendment was adopted and, after further proceedings, the Senate approved HB27 as amended. The final roll-call recorded 26 yes votes, 6 no votes and 3 absent. The bill will be referred back to the House.

Senator McCoy and others recorded concerns that the bill may remove certain public-health protections by limiting nuisance findings in some circumstances; supporters said those protections remain through other statutory and regulatory mechanisms. The Senate recorded an intent to hold the bill to correct drafting and return it to the House for final actions there.

Next steps: HB27 will be transmitted back to the House for signature and any additional consideration.