Bill Text: MO HJR17 | 2011 | Regular Session | Comm Sub
Bill Title: Proposes a constitutional amendment establishing the Freedom in Agriculture Act which guarantees the right of Missourians to grow crops, hunt and fish wildlife, and raise animals in a humane manner
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-03-03 - Referred: Rules - Pursuant to Rule 25(32)(f) (H) [HJR17 Detail]
Download: Missouri-2011-HJR17-Comm_Sub.html
FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
96TH GENERAL ASSEMBLY
0678L.07C D. ADAM CRUMBLISS, Chief Clerk
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment to article I of the Constitution of Missouri, and adopting one new section relating to freedom in agriculture.
Be it resolved by the House of Representatives, the Senate concurring therein:
That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2012, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article I of the Constitution of the state of Missouri:
Section A. Article I, Constitution of Missouri, is amended by adding one new section, to be known as section 35, to read as follows:
Section 35. 1. This section shall be known as the "Freedom in Agriculture Act".
2. Agriculture which provides food, energy, and security is the foundation and stabilizing force of Missouri's economy. To protect this vital sector of Missouri's economy, it shall be the right of citizens to harvest bird, fish, game, wildlife, or forestry resources or grow crops or raise animals in a humane manner without the state imposing an undue economic burden on animal owners. Notwithstanding the provisions of article III, sections 49 and 50 to the contrary, no state law relating to the opportunity to harvest bird, fish, game, wildlife, or forestry resources shall be valid unless authorized by section 40(a) of article IV. Notwithstanding the provisions of sections 49 and 50 to the contrary, no state law relating to the right to grow crops or regulating the welfare of any animal shall be valid unless based upon generally accepted and validated scientific principles and enacted by the general assembly or promulgated by a state department or agency through administrative rule pursuant to valid statutory authority and reviewed by the joint committee on administrative rules. No statute or regulation as of the date of enactment of this section shall be affected as a result of this section.
3. As used in this section, the following terms shall mean:
(1) "Animals", an animal of the equine, bovine, porcine, ovine, caprine, avian, or species domesticated or semidomesticated; ratite birds including but not limited to ostrich and emu, aquatic products as defined in section 277.024, llamas, alpaca, buffalo, elk, deer documented as obtained from a legal source and not from the wild and raised in confinement for human consumption or animal husbandry, poultry, cats, dogs, and exotic animals;
(2) "Crops", any vegetable or fruit grown on residential property for personal consumption, and any unmanufactured vegetables, fruits, grains and feeds including, but not limited to, soybeans, cow peas, wheat, corn, rice, oats, barley, kafir, rye, flax, grain sorghums, cotton, and such other products as are usually stored in grain and other elevators and on farms; but excluding genetically modified crops or crops grown from genetically modified seeds, and plants regulated pursuant to criminal law;
(3) "Generally accepted and validated scientific principles", agricultural standards and practices established by the most current validated industry standards and practices;
(4) "Humane manner", care of animals regarding the animal's health and environment in compliance with generally accepted and validated scientific principles and defined by law;
(5) "Undue economic burden", arbitrary and capricious fees imposed or expenses incurred as a result of changes in agricultural practices deemed legal under state or local laws or ordinances.
The provisions of this section are self-executing. All of the provisions of this section are severable. If any provision of this section is found by a court of competent jurisdiction to be unconstitutional or unconstitutionally enacted, the remaining provisions of this section shall be and remain valid.
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