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Key Votes

SB 711 - Limits Nuisance Damages Against Livestock Farmers - North Carolina Key Vote

Richard Gunn, Jr. voted Yea (Override of Veto) on this Legislation.

Read statements Richard Gunn, Jr. made in this general time period.

Timeline

Issues Related to SB 711

Stage Details

Legislation - Veto Override Passed (House) (74-45) - (Key vote)
See How Your Politicians Voted

Title: Limits Nuisance Damages Against Livestock Farmers

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to override a veto of a bill that limits nuisance liability for farmers, among other provisions.

Highlights:

 

  • Prohibits filing a nuisance claim against an agricultural or forestry operation unless all of the following requirements are met (Sec. 10a):

    • The plaintiff owns the property affected by the nuisance;

    • The property affected is within .5 miles of the source of the nuisance; and

    • The nuisance is filed within 1 year of the establishment of or a fundamental change in the agricultural or forestry operation.

  • Specifies that for the purposes of the above provision a fundamental change is not constituted by any of the following (Sec. 10a):

    • Change in ownership or size;

    • Interruption of farming activity for 3 years or less;

    • Participation in government agricultural programs;

    • Use of new technology; or

    • Change in the type of product produced.

  • Repeals the provision which states that the provisions regarding whether a nuisance claim may be filed do not apply when the nuisance is a result of negligent or improper operation of the forestry or agricultural operation (Sec. 10a).

  • Prohibits the recovery of punitive damages in a private nuisance action if the forestry or agricultural operation has not been subject to a criminal conviction or civil enforcement action by a state or federal agency related to the nuisance within 3 years prior to the first act on which the nuisance action is based (Sec. 10b).

  • Authorizes the sale of raw milk and raw milk products for personal use to the independent or partial owner of a lactating animal (Sec. 15.2a).

  • Requires all fruit or vegetable handlers within the state to register with Department of Agriculture and Consumer Services by providing the following information (Sec. 1a):

    • Name;

    • Principal place of business;

    • Types of fruits or vegetables handled; and

    • Annual volume, expressed in dollars, of fruits and vegetables handled.

Legislation - Veto Override Passed (Senate) (37-9) - (Key vote)
See How Your Politicians Voted

Title: Limits Nuisance Damages Against Livestock Farmers

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to override a veto of a bill that limits nuisance liability for farmers, among other provisions.

Highlights:

 

  • Prohibits filing a nuisance claim against an agricultural or forestry operation unless all of the following requirements are met (Sec. 10a):

    • The plaintiff owns the property affected by the nuisance;

    • The property affected is within .5 miles of the source of the nuisance; and

    • The nuisance is filed within 1 year of the establishment of or a fundamental change in the agricultural or forestry operation.

  • Specifies that for the purposes of the above provision a fundamental change is not constituted by any of the following (Sec. 10a):

    • Change in ownership or size;

    • Interruption of farming activity for 3 years or less;

    • Participation in government agricultural programs;

    • Use of new technology; or

    • Change in the type of product produced.

  • Repeals the provision which states that the provisions regarding whether a nuisance claim may be filed do not apply when the nuisance is a result of negligent or improper operation of the forestry or agricultural operation (Sec. 10a).

  • Prohibits the recovery of punitive damages in a private nuisance action if the forestry or agricultural operation has not been subject to a criminal conviction or civil enforcement action by a state or federal agency related to the nuisance within 3 years prior to the first act on which the nuisance action is based (Sec. 10b).

  • Authorizes the sale of raw milk and raw milk products for personal use to the independent or partial owner of a lactating animal (Sec. 15.2a).

  • Requires all fruit or vegetable handlers within the state to register with Department of Agriculture and Consumer Services by providing the following information (Sec. 1a):

    • Name;

    • Principal place of business;

    • Types of fruits or vegetables handled; and

    • Annual volume, expressed in dollars, of fruits and vegetables handled.

Legislation - Vetoed (Executive) -

Title: Limits Nuisance Liability for Farmers

Legislation - Concurrence Vote Passed (Senate) (32-9) -

Title: Limits Nuisance Liability for Farmers

Legislation - Bill Passed With Amendment (House) (65-42) -

Title: Limits Nuisance Liability for Farmers

Legislation - Bill Passed (Senate) (33-13) -

Title: Limits Nuisance Liability for Farmers

Legislation - Introduced (Senate) -

Title: Limits Nuisance Liability for Farmers

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