Bill Description: Senate Bill 1033 would crack down on meritless nuisance complaints against agricultural operations.
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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
Current Idaho law says legally operated agricultural operations "shall not be found to be a public or private nuisance," yet it provides no recourse or restitution when an agricultural operation is subject to meritless accusations.
Senate Bill 1033 would take steps to address this by deficiency by allowing a legally vindicated agricultural operation to "receive its reasonable attorney's fees and costs from the non-prevailing party."
Additionally, the bill would impose fines on someone who files multiple meritless complaints against the same agricultural operation within a 2-year period.
Processing and investigating complaints use government resources, and harassing an agricultural operation with meritless complaints comes at a cost to both the operation and taxpayers. The provisions of this bill serve to provide a degree of restitution when someone abuses the system and wastes resources by filing meritless complaints.
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