Virginia 2018 Regular Session Status: Passed Senate

SB 567 — Agricultural operations; nuisance.

Last action — Enrolled

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Requires agricultural operations to be in substantial compliance, defined in the bill, with applicable laws, regulations, and best management practices in order to be exempt from becoming a public or private nuisance. The bill prohibits a person from bringing a nuisance action against any agricultural operation the existence of which was known or reasonably knowable when that person's use or occupancy of his property began. The bill also prohibits anyone other than a person with an ownership interest in the affected property from bringing an action for private nuisance and sets out certain limitations on recovery for compensatory damages. This bill is identical to

Bill Text

What changed in the latest version

7 added · 15 removed

Plain-language change summary

The amendment to Bill SB 567 removes a specific clause that exempted agricultural operations from liability when nuisances occur due to negligence or improper practices. This change means that agricultural operations could now be held responsible for issues that arise from such negligence. The significance of this change lies in increasing accountability for agricultural operators, aiming to promote safer and more responsible practices in the community.

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SESSION history | hilite | pdf | print version 18102062D SENATE BILL NO.
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact § 3.2-302 of the Code of Virginia, relating to agricultural operations;
567 Senate Amendments in [ ] -- January 23, 2018 A BILL to amend and reenact § 3.2-302 of the Code of Virginia, relating to agricultural operations;
---------- Patrons Prior to Engrossment—Senators Obenshain, Stuart, Chafin, Dance, Hanger, Lewis, Mason, Ruff, Stanley and Suetterlein ---------- Referred to Committee on Agriculture, Conservation and Natural Resources ---------- Be it enacted by the General Assembly of Virginia:
[S 567] Approved   Be it enacted by the General Assembly of Virginia:
 [ The provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or any of its appurtenances.
The provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or any of its appurtenances.
 ]
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Action History

  1. Enrolled

  2. Passed House (98-Y 1-N)

  3. Read third time

  4. Read second time

  5. Referred to Committee on Agriculture, Chesapeake and Natural Resources

  6. Read first time

  7. Placed on Calendar

  8. Printed as engrossed 18102062D-E

  9. Engrossed by Senate as amended SB567E

  10. Committee amendment agreed to

  11. Reading of amendment waived

  12. Read second time

  13. Referred to Committee on Agriculture, Conservation and Natural Resources

  14. Prefiled and ordered printed; offered 01/10/18 18102062D

Sponsors

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 138 not signed on · 1 voted No

Sponsors (1)

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed House

Passed 98 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 98100
Total 98100
% of votes cast 99%1%0%0%
How each member voted (99)
Member Party Vote
Cline — Yea
Habeeb — Yea
Hugo — Yea
Landes — Yea
Pogge — Yea
Rodman — Yea
Toscano — Yea
Bell, Richard P. — Yea
Jones, S.C. — Yea
Collins — Yea
Helsel — Yea
Ingram — Yea
James — Yea
Lindsey — Yea
Peace — Yea
Mr. Speaker — Yea
Stolle — Yea
Turpin — Yea
Yancey — Yea
Adams, Dawn M. — Yea
Adams, Les R. — Yea
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Ayala, Hala S. — Yea
Bell, John J. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Carter, Lee J. — Nay
Charniele L. Herring — Yea
Christopher T. Head — Yea
Cole, Mark L. — Yea
Convirs-Fowler, Kelly K. — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Edmunds, James E., II — Yea
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
Heretick, Steve E. — Yea
Hurst, Chris L. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jennifer D. Carroll Foy — Yea
Jones, Jerrauld C. "Jay" — Yea
Joshua E. Thomas — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Levine, Mark H. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mullin, Michael P. — Yea
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Plum, Kenneth R. — Yea
Poindexter, Charles D. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Sickles, Mark D. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 567 do?
Requires agricultural operations to be in substantial compliance, defined in the bill, with applicable laws, regulations, and best management practices in order to be exempt from becoming a public or private nuisance. The bill prohibits a person from bringing a nuisance action against any agricultural operation the existence of which was known or reasonably knowable when that person's use or occupancy of his property began. The bill also prohibits anyone other than a person with an ownership interest in the affected property from bringing an action for private nuisance and sets out certain limitations on recovery for compensatory damages. This bill is identical to
Who sponsors SB 567?
SB 567 is sponsored by William M. Stanley, Jr., A. Benton "Ben" Chafin, Rosalyn R. Dance, Mark D. Obenshain, David R. Suetterlein, Richard H. Stuart, Lewis, Lynwood W., Jr., Hanger, Emmett W., Jr., Mason, T. Montgomery "Monty", and Ruff, Frank M., Jr..
What is the current status of SB 567?
This bill died with 2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 567?
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