An amended version of a controversial hog-farm-protection bill, HB 467, passed the Senate Agriculture Committee Tuesday afternoon and is now headed to the Senate Rules Committee.

As the INDY has previously reported, HB 467 would restrict the amount of money property owners could collect in nuisance lawsuits filed against agricultural operations, including hog farms. If passed, it would essentially cap the damages property owners could collect in nuisance lawsuits at the fair market value of their property, which critics say is often made lower by the presence of commercial farms.

A particularly contentious (and legally dubious) part of the bill would have restricted such damages even for current nuisance lawsuitsโ€”essentially nullifying twenty-six federal lawsuits pending against Murphy-Brown, the hog division of the powerful Smithfield Foods corporation. That provision was slashed in an amendment introduced in the Houseโ€™s third reading of the bill in early April.

This afternoon, the Senate Agriculture Committee green-lighted an amendment brought forward by Senator Brent Jackson, a sponsor of the billโ€™s Senate version, that clarified that pending legal actions wouldnโ€™t apply to HB 467.

Though the bill would no longer apply to current nuisance litigation, it would impact all future suits filed against agriculture operations, which opponents and environmental advocates say is just as worrisome.

Indeed, criticsโ€”including some senators at Tuesdayโ€™s committee meetingโ€”have noted the billโ€™s likely harmful and disproportionate impact on the low-income and minority communities living near commercial hog farms. They also expressed concerns about the billโ€™s implications for private property rights.

โ€œIs this bill going to have a disparate impact on families?โ€ Democratic Senator Erica Smith-Ingram asked. โ€œHow are we going to deal with the disparate impact this will have on communities of color?โ€

Jackson argued that there was a need for the bill, citing โ€œfrivolous lawsuitsโ€ filed against farmers by lawyers from out of state. โ€œThe industry cannot sustain this,โ€ he said.

Jacksonโ€”an industry-friendly farmer who represents Duplin, Johnston, and Sampson countiesโ€”may be concerned about the livelihoods of some of his constituents. But, like many of his colleagues in the House, heโ€™s also gotten money from the very industry that would benefit from the legislationโ€”more than $130,000, in fact, from the Murphy family (Murphy-Brown), Maxwell family (Goldsboro Milling, one of the biggest hog producers in the nation), Prestage family (another hog operation), Smithfield Foods, and the N.C. Pork Council.

Campaign finance information was collected at followthemoney.org and will be updated as more donations from Big Pork are discovered.