Adopted

COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No. 1423

BY: Committee

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 

     SECTION 1.  Section 95-3-29, Mississippi Code of 1972, is amended as follows:

     95-3-29.  (1)  In any nuisance action, public or private, against an agricultural operation, including forestry activity, proof that said agricultural operation, including forestry activity, has existed for one (1) year or more is an absolute defense to such action, if the conditions or circumstances alleged to constitute a nuisance have existed substantially unchanged since the established date of operation.

     (2)  The following words and phrases as used in this section shall have the meanings given them in this section:

          (a)  "Agricultural operation" includes, without limitation, any facility for the production and processing of crops, livestock, farm-raised fish and fish products, livestock products, wood, timber or forest products, and poultry or poultry products for commercial or industrial purposes.  "Agricultural operation" also includes the use of farm machinery, equipment, devices, materials and structures designed for agricultural use and used in accordance with traditional farm practices.

          (b)  "Established date of operation" means the date on which the agricultural operation, including forestry activity, commenced operation.  If the physical facilities of the agricultural operation, including forestry activity, are subsequently expanded, the established date of operation for each expansion is deemed to be a separate and independent "established date of operation" established as of the date of commencement of the expanded operation and the commencement of expanded operation shall not divest the agricultural operation of a previously established date of operation.

          (c)  "Forestry activity" means any activity associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including nongame species.

          (d)  "Traditional farm practices" means those accepted customs and standards established and followed by similar agricultural operations under similar circumstances.

     (3)  The provisions of this section shall not be construed to affect any provision of the "Mississippi Air and Water Pollution Control Law."

     (4)  This section shall not affect actions commenced prior to July 1, 1980.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2004.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 

     AN ACT TO AMEND SECTION 95-3-29, MISSISSIPPI CODE OF 1972, TO INCLUDE FARM EQUIPMENT AND STRUCTURES DESIGNED FOR AGRICULTURAL USE IN THE DEFINITIONS UNDER THE FREEDOM TO FARM ACT; AND FOR RELATED PURPOSES.

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