Page 83 - Spring2008

COLORADO: Colorado was the first state to require 4-H and FFA children to enroll in NAIS in order to compete in the
state fair. Last year, two children were kicked out of the fair for failing to register. This year, HB 1129 was introduced to
prohibit the State Fair Board from making NAIS a requirement for children competing in the fair. The bill has passed the
House and been sent to the Senate State, Veterans and Military Affairs Committee, where it awaits a hearing.

ILLINOIS: Like Colorado, Illinois is requiring children to register in NAIS in order to compete in the fairs. Several bills are
in the works.

KENTUCKY: The Kentucky Department of Agriculture was among the most aggressive state agencies to try to implement
NAIS even absent statutory authorization. In December, 2006, the agency proposed making the entire 3-step NAIS program
mandatory, with Certificates of Veterinary Inspection taking the place of 24-hour reporting. The grassroots opposition
led to the adoption of much less burdensome regulations, and now HB 495 has been introduced to explicitly limit NAIS
to a voluntary program only. The bill includes protections against coercive methods being used to force people into an
allegedly voluntary program.

MASSACHUSETTS: Last year’s anti-NAIS bills, HB 757 and SB 475, remain pending before the Joint Committee on Natural
Resources, Agriculture and the Environment. HB 757 forbids the MDAR from accepting federal funds for NAIS in 2007,
requires MDAR to stop uploading data to the federal database, and seeks removal for people who were involuntarily
enrolled. SB 475 includes all of those provisions and also precludes MDAR from using other existing programs as a means
to implement NAIS, and prohibits any person, whether private or governmental, from discriminating against people who
do not participate in NAIS or programs like it.

MISSOURI: The Senate Agriculture Committee has approved SB 931, which bars the state agency from mandating or forcing
anyone into the program, and provides an unrestricted right to withdraw. It also makes even a voluntary program subject
to appropriations, which means that it could be ended simply by not appropriating money for it! The bill is expected to
be voted on by the entire Senate shortly.

NEBRASKA: Nebraska had a law that authorized its Department of Agriculture to implement NAIS, including a manda-
tory program. LB 632, which was adopted by the Legislature and signed by the Governor in February, changes that. Now,
Nebraska’s law limits NAIS to a voluntary program only and requires the Department to establish a system for removing
people from the premises registration database.

SOUTH DAKOTA: South Dakota law also authorizes a mandatory program. HB 1035 would have barred the state from
participating in any NAIS, but it was voted down on the floor of the House.

TENNESSEE: Two sets of parallel House and Senate bills have been filed to limit NAIS. HB 3668/ SB 3903 and HB 3660/
SB3438 would exempt any farmer who does not receive state or federal farm subsidies or funds from NAIS and other
regulations. Another bill, HB 3662/SB 3437, would expand the exemption from the sales tax to farmers who produce $50
of agricultural products per year (instead of the current requirement of $1,000 of products). The bills have not yet been
scheduled for hearings.

VIRGINIA: A bill to prohibit NAIS was filed (HB 1473), but it died in committee. Another bill, HB 1525, was introduced
in response to proposed regulations to require premises registration and tagging under the scrapie program (which could
then be rolled into NAIS in the future). HB 1525 would limit the agency’s authority to “infected and source flocks and
high-risk animals.” HB 1525 has been carried over to the 2009 legislative session.

WASHINGTON: Last year’s committee substitute of HB 1151, to establish an advisory board to study NAIS, was re-intro-
duced. Unfortunately, it was promptly placed in the “X file,” and never even made it to Committee.

WYOMING: A bill to completely bar NAIS in Wyoming, HB 119, was introduced. Because this year is a “short session,”
bills need a 2/3 vote to even be sent to committee. HB 119 failed to get the required votes and died. Its sponsor, Repre-
sentative Wallis, has committed to re-introducing the bill next year during the general session. Representative Wallis has
also introduced HB 011 to allow certain homemade products to be sold without a commercial kitchen license. HB 011,
the Wyoming Homemade Products bill, is expected to be heard by committee in mid-February.

SPRING 2008 Wise Traditions 83