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  • NJ A4847
  • Authorizes award of reasonable costs and attorney fees to farmers prevailing in certain farm management disputes.
Introduced
(5/18/2017)
In Committee
(6/29/2017)
Crossed Over
(6/29/2017)
PassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill would permit a farmer who prevails in a civil case, where the farmer is engaged in lawful farming activities under the "Right to Farm Act," the opportunity to collect reasonable costs and attorney fees against the complainant if the complainant cannot show by clear and convincing evidence that the claim was brought in good faith. The bill further clarifies that wildlife management activities undertaken by a farmer that are in accord with State and federal law are presumed to not constitute animal cruelty and that a farmer may collect reasonable costs and attorney fees against a complainant in a civil animal cruelty action if the complainant cannot show by clear and convincing evidence that the claim was brought in good faith. This bill will protect farmers against vexatious litigation that challenges normal farm management practices. The bill seeks to discourage frivolous litigation by placing a burden on the complainant to demonstrate that the complaint was brought in good faith in order to avoid paying costs and attorney fees and to separately clarify the fact that wildlife management practices on farms that conform to federal and State law do not constitute animal cruelty.
2nd Reading in the Assembly, Agriculture and Natural Resources, Economic Growth, Passed Assembly
Received in the Senate, Referred to Senate Economic Growth Committee  (on 6/29/2017)
 
 

Date Chamber Action Description
6/29/2017 S Received in the Senate, Referred to Senate Economic Growth Committee
6/29/2017 A Passed by the Assembly (76-0-2)
6/5/2017 A Reported out of Assembly Committee, 2nd Reading
6/5/2017 Assembly Agriculture and Natural Resources Hearing (19:00 6/5/2017 )
5/18/2017 A Introduced, Referred to Assembly Agriculture and Natural Resources Committee
Date Motion Yea Nay Other
Detail 6/29/2017 Assembly Floor: Third Reading - Final Passage 76 0 4
Detail 6/5/2017 Assembly Agriculture and Natural Resources Committee: Reported Favorably 4 0 1