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Right to Farm amendment defeated in state Senate
 


By SUSAN BLOWER
Indiana Correspondent

INDIANAPOLIS, Ind. — The proposed “Right to Farm” state constitutional amendment was narrowly defeated last week in the Indiana Senate, 22-28 – and the one thing on which opposing sides can agree is they were surprised at the outcome.
“I was a little surprised and disappointed. The senators were short-sighted ... It’s not about tomorrow. It’s about five years, 10 years, 20 years from now,” said Craig Curry, public policy advisor for Indiana Protect the Harvest, which has lobbied for the resolution.
Senate Joint Resolution 12 was drafted to give Hoosiers stable property rights and protection from unreasonable regulations and civil suits, according to its author, State Sen. Brent Steele (R-Bedford). The Hoosier Environmental Council (HEC) led the fight against the proposed amendment, which it has contended would give “special protection” to farmers that other groups do not enjoy.
“I was pleasantly surprised, given how it came out of committee despite overwhelming testimony,” said Kim Ferraro, HEC attorney. “This has been a multiyear campaign on our part with legislators, stakeholders including farmers and all those involved. And there was sufficient public outcry.”
Ag leaders such as the Indiana Pork Producers Assoc. and Indiana Farm Bureau remained neutral on the issue because they believed “right to farm” statutes passed last year were sufficient.
“Last year the General Assembly passed a new law that does the same thing in statutory form. Its status is much more easily undone if it turns out that it’s bad policy. If you put it in the Constitution, it’s harder to undo,” Ferraro explained.
That may be a second point on which Curry and Ferraro agree. Curry has said an amendment is needed to give farmers and property owners stability and predictability. Ferraro said HEC has no plans to challenge the Right to Farm statutes, but she did not rule out a future fight.
“It depends on how it plays out. The new policy (from last year’s statute) hasn’t been tested. If the environment is adversely impacted and it could be traced back to that law, we would get involved,” she said.
Curry has vowed to keep fighting for an amendment, a version of which about 20 other states have or are considering passing throughout the country. Steele could not be reached for comment last week.
“Am I disappointed? Yes. Am I done? No. Maybe the Senate needs to be educated more on this issue. They are getting pressure from the other side. The constituents are divided. It’s cities versus rural,” Curry said.
He said farmers nationwide are getting pressure from animal rights and environmental groups. He pointed to Proposition 2 in California, a ballot measure that requires egg-laying hens be cage-free. He said this measure has pushed the wholesale cost of a dozen eggs to $2.47 and the retail price in California to $5 per dozen.
In Indiana, a constitutional amendment must be passed by two consecutive General Assemblies and ratified by Hoosier voters. Curry said environmental groups are fond of the voters getting a say as long as they have the upper hand. He wanted the amendment in Indiana to go to the voters.
But Ferraro said the people have already spoken. “Putting it on a referendum for voters who are uneducated on the nuances of the law isn’t letting the people decide. That’s not a fair statement,” she said.
3/6/2015