The Legislature of West Virginia

Update for March 25 - March 29:

At the end of week seven (March 25-29) 1827 bills have been introduced.  Many bills were deleted from our watch list because they did not move in their house of origin.  March 31 was the date bills were due out of committees in their house of origin to ensure three full days of readings.  April 3 (Fiftieth Day of the Session) is the last day to consider a bill on third reading in the house of origin.

Update for March 18 - March 22:

At the end of week six (March 18-22) 1637 bills have been introduced.  Bills added to our watch list include:

SB 542 – By Senators Snyder, Kessler (Mr. President), Barnes, Blair, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Kirekndoll, Laird, Miller, Unger and Yost – Referred to Judiciary, then Finance.  The bill is to provide that West Virginia will not participate in the “REAL ID Act of 2005” enacted by the US Congress in Public Law 109-13.  WVFB MONITORING.  Committee Substitute passed Judiciary.  2nd Reference dispensed and passed Senate.  Ordered to House.

SB 596 – By Senators Kessler (Mr. President) and M. Hall, by request of the Executive – Referred to Government Organization, then Finance.  The purpose of this bill is to make provision for determination of the amount of grant awards for Chesapeake Bay watershed compliance projects and the Greenbrier River watershed compliance projects.  WVFB MONITORING.  Passed Government Organization.  2nd Reference dispensed and passed Senate.  Ordered to House.

SB 616 – By Senator McCabe – Referred to Energy, Industry and Mining, then Judiciary.  This is the lease integration/forced pooling bill – integrating interests in horizontal shallow oil or gas well drilling units.  WVFB OPPOSES.  DIED IN COMMITTEE.

HB 2962 – By Delegate White – Referred to Judiciary, then Finance.  The purpose of this bill is to terminate a severance tax exemption for the production of natural gas and oil.  The bill provides an exception and specifies a controlling effective date.  WVFB MONITORING.  Passed Judiciary with amendment, passed Finance by substitute.  From House Calendar, 1st Reading, placed on Special Calendar.

HB 3060 – By Delegates Boggs, Manchin and Miley – Referred to Judiciary.  The purpose of this bill is to authorize the Oil and Gas Conservation Commission to regulate the horizontal deep wells.  WVFB MONITORING.  Committee Substitute passed Judiciary.  From House Calendar, 1st Reading, placed on Special Calendar.  (Note:  Committee Substitute stated that authorization shall not apply to any well producing from a formation above the Onondaga Group formation.)

HB 3062 – By Delegates Williams, A. Evans, Craig, Hartman and R. Phillips (By Request of the Department of Agriculture) – Referred to Agriculture, then Finance.  The purpose of this bill is to remove the $1.5 million cap on deposits to the Land Division special revenue account of the Department of Agriculture.  WVFB MONITORING.  Passed Agriculture and Finance by Substitute.  From House Calendar, 1st Reading, placed on Special Calendar.

HB 3058 – By Delegates White, Ireland, Craig, R. Phillips, Anderson, Miley and Morgan – Referred to Roads and Transportation, then Finance.  The purpose of this bill is to require antique motor vehicles to be assigned an appraised value of $5,000 for purposes of ad valorem property taxes.  The bill also requires the assessed value for all motor vehicles to be at least $420.  The bill would also impose on a sale of an antique motor vehicle, a reconciliation excise tax to recapture revenue from the sale.  WVFB MONITORING.  Passed Roads and Transportation with amendment.  Passed Finance by Substitute.  From House Calendar, 1st Reading, placed on Special Calendar.

HB 3151 – By Delegate Manchin – Referred to Judiciary.  Companion to SB 616 (forced pooling).  WVFB OPPOSES.  DIED IN COMMITTEE.

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Update for March 11 - March 15:

At the end of week five (March 11-15) 1482 bills have been introduced.  Bills added to our watch list include. There were no bills remaining on our watch list that were introduced during week five. 

SB 490 – By Senator Unger – Referred to Agriculture and Rural Development, then Judiciary.  The bill would regulate equine boarding facilities.  WVFB MONITORING.

SB 504 – By Senators Miller and Williams – Referred to Agriculture and Rural Development, then Judiciary.  The purpose of this bill is to permit three or more persons producing agricultural products to form a profit or non-profit cooperative association.  WVFB MONITORING.

SB 517 – By Senators Cann, Plymale, D. Hall, and M. Hall – Referred to Banking and Insurance, then Judiciary.  The bill creates the WV Fair Health Insurance Act of 2013.  WVFB MONITORING.

HB 2871 – By Delegates Householder, Folk, Kump, J. Nelson, Gearheart, Canterbury and Frich – Referred to Judiciary, then Finance.  The purpose of this bill is to provide that West Virginia will not participate in the “REAL ID Act of 2005” enacted by the United States Congress in Public Law 109-13.  WVFB MONITORING.

HB 2873 – By Delegates Eldridge, Marcum, White, Boggs, Moore, Barill, Stowers, Campbell, Tomblin, Young and Moye – Referred to Education, then Finance.  The purpose of this bill is to provide that the State Board of Education require that public schools provide facilities for students of all faiths and religions to have a place of fellowship, prayer and worship.  WVFB MONITORING.

HB 2874 – By Delegates Eldridge, Barill, Campbell, Tomblin, Young, Moye and Manpenny – Referred to Energy, Industry and Labor, Economic Development and Small Business, then Judiciary.  The purpose of this bill is to require a natural gas lessor to provide a surface owner on whose property a natural gas producing well is drilled up to three hundred million cubic feet of free gas per year.  The bill also provides that the lessor and surface owner may agree to a larger amount.  WVFB MONITORING.

HB 2881 – By Delegates Householder, Gearheart, Ellington, Miller and Cowles – Referred to Judiciary, then Finance.  The bill would require counties to provide a voter’s registration card, complete with photo of the voter, to voters for voting purposes.  WVFB MONITORING.

HB 2883 – By Delegates Frich, A. Evans, Romine, Ellem, Williams, Ireland, Hartman, Miller and Pethtel – Referred to Natural Resources, then Judiciary.  The bill would absolve the landowner, tenant or agent of the landowner from any civil liability for injuries to any persons hunting, trapping or fishing on the landowner’s land with or without written permission.  WVFB SUPPORTS.

HB 2893 – By Delegates Manypenny, Marshall, Moore, Wells, Caputo, Longstreth and Fleischauer – Referred to Judiciary, then Finance.  The bill requires cultural surveys be performed before construction by natural gas pipeline companies and prohibits natural gas pipelines, wells and associated facilities from being constructed within one hundred feet of a cemetery or grave site.  WVFB MONITORING.

HB 2903 – By Delegates Walters, Paxton and M. Poling – Referred to Energy, Industry and Labor, Economic Development and Small Business, then Finance.  The bill would create the economic fairness act and encourage economic development in counties with high employment.  WVFB MONITORING.

HB 2918 – By Delegates Ferns, Miley, Hartman, Guthrie, Moore, Manchin, Ferro, Marcum, Sponaugle, Sobonya and Storch – Referred to Health and Human Resources, then Judiciary.  Companion to SB 517 creating WV Fair Health Insurance Act of 2013.  WVFB MONITORING.

HB 2920 – By Delegates Faircloth, Tomblin, R. Phillips, Hamilton, Kump, Folk, J. Nelson, Miller and Howell – Referred to Education, then Judiciary.  The purpose of this bill is to make clear that the Pledge of Allegiance said each instructional day in West Virginia public schools shall include the phrase “one nation under God.”  WVFB SUPPORTS.

HB 2924 – By Delegate Canterbury – Referred to Political Subdivisions, then Judiciary.  The bill authorizes county commissions to create urban growth boundaries.  The bill also provides a definition of “Urban Growth Boundary” and provides for implementation of zoning within these boundaries.  WVFB MONITORING.

Remember, it is important to let your representatives know where you stand on legislation.  It is vital for Legislators to receive constituent input regarding support for legislation, and equally important to register concern if you do not support a given piece of legislation.

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Update for March 4 - March 8:

At the end of week four (March 4-8), 1349 bills have been introduced.  Bills added to our watch list include:

SB 412 – By Senators Miller and Williams – Referred to Agriculture and Rural Development, then Judiciary.  The bill clarifies the procedure by which elected county conservation district supervisors may be removed from office.  WVFB MONITORING.  Passed Senate and House Agriculture, presently in House Judiciary.

SB 466 – By Senators Laird and Kessler (Mr. President) – Referred to Natural Resources, then Finance.  The purpose of this bill is to regulate the ownership of wild, dangerous animals by creating a regulatory board, providing rule-making authority, creating offenses and establishing penalties.  WVFB MONITORING.  Committee Substitute passed Natural Resources and Finance, presently on 2nd Reading.

SB 470 – By Senators Miller and Williams – Referred to Agriculture and Rural Development, then Judiciary.  The bill would permit farm wineries to sell samples and wine during the operation of fairs or festivals and on Sunday mornings of those events.  WVFB MONITORING.  Passed Agriculture and Rural Development with title amendment, presently in Judiciary.  Passed Judiciary, presently on 3rd Reading.

HB 2866 – By Delegates Hamilton, A. Evans, Andes, Ireland, Walker, Moye, Lynch, P. Smith, J. Nelson, Frich and Sponaugle – Referred to Natural Resources, then Judiciary.  Companion to SB 476.  WVFB SUPPORTS.  Passed Natural Resources with amendment, presently in Judiciary.  Committee Substitute passed Judiciary, presently on 2nd Reading, Special Calendar.

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Update for February 25 - March 1:

At the end of week three 1168 bills have been introduced.  Bills added to our watch list include:

HB 2611 – By Delegates Poore, Marcum, Fleischauer, Frich, Eldridge and Sobonya – Referred to Agriculture, then Judiciary.  The bill authorizes the Commissioner of Agriculture to promulgate a legislative rule relating to Animal Disease Control.  WVFB MONITORING.  Passed Agriculture, presently in Judiciary.  Part of Rules bundle – HB 2689 – From House Calendar, 1st Reading, placed on Special Calendar.

HB 2621 – By Delegates Poore, Marcum, Fleischauer, Frich, Eldridge and Sobonya – Referred to Judiciary.  The bill authorizes the Department of Environmental Protection to promulgate a legislative rule relating to Emission Standards for Hazardous Air Pollutants.  WVFB MONITORING.  Part of Rules bundle – Committee Substitute for SB 243 – passed Senate, presently in House Judiciary.

HB 2623 – By Delegates Poore, Marcum, Fleischauer, Frich and Eldridge – Referred to Finance, then Judiciary.  Bill authorizes the Department of Environmental Protection to promulgate a legislative rule relating to Water Pollution Control Permit Fee Schedules.  WVFB MONITORING.  (Companion to SB 248 – See above.)

HB 2627 – By Delegates Poore, Marcum, Fleischauer, Frich, Eldridge and Sobonya – Referred to Health and Human Resources, then Judiciary.  Bill authorizes the Department of Health and Human Services to promulgate a legislative rule relating to Grade “A” Pasteurized Milk.  WVFB MONITORING.  Passed Health and Human Resources, presently in Judiciary.  (Companion to SB 265 – See above.)

HB 2645 – By Delegates Poore, Marcum, Fleischauer, Frich, Eldridge and Sobonya – Referred to Finance, then Judiciary.  Bill authorizes the Commissioner of Agriculture to promulgate a legislative rule relating to Poultry Litter and Manure Movement into Primary Poultry Breeder Rearing Areas.  WVFB MONITORING.  Passed Finance with amendment, presently in Judiciary.  Part of Rules bundle – HB 2689 – From House Calendar, 1st Reading, placed on Special Calendar.

HB 2651 – By Delegates Poore, Marcum, Fleischauer, Frich, Eldridge and Sobonya – Referred to Natural Resources, then Judiciary.  Bill authorizes the Conservation Committee to promulgate a legislative rule relating to the Operation of the West Virginia State Conservation Committee and Conservation Districts.  WVFB MONITORING.  Passed Natural Resources with amendment, presently in Judiciary.  Part of Rules bundle – HB 2689 – From House Calendar, 1st Reading, placed on Special Calendar.

HB 2658 – By Delegates Poore, Marcum, Fleischauer, Frich, Eldridge and Sobonya – Referred to Judiciary.  Bill authorizes the Department of Environmental Protection to promulgate a legislative rule relating to Horizontal Well Development.  WVFB MONITORING.  (Companion to SB 245 – See above.)

HB 2686 – By Delegates Poore, Marcum, Fleischauer, Frich, Eldridge and Sobonya – Referred to Natural Resources, then Judiciary.  The bill authorizes the Division of Natural Resources to promulgate a legislative rule relating to Deer Hunting.  WVFB MONITORING.  Passed Natural Resources, presently in Judiciary.

HB 2708 – By Delegates Poore, Marcum, Fleischauer, Frich and Eldridge – Referred to Finance, then Judiciary.  Bill authorizes the State Tax Department to promulgate a Valuation of Commercial and Industrial Real and Personal Property for Ad Valorem Property Tax Purposes.  WVFB MONITORING.

HB 2710 – By Delegates Poore, Marcum, Fleischauer, Frich, Eldridge and Sobonya – Referred to Government Organization, then Judiciary.  Bill authorizes the Board of Veterinary Medicine to promulgate a legislative rule relating to the Organization, Operation and Licensing of Veterinarians.  WVFB MONITORING.  Part of Rules bundle – HB 2689 – From House Calendar, 1st Reading, placed on Special Calendar.

HB 2722 – By Delegate D. Poling, by request of the Public Service Commission – Referred to Energy, Industry and Labor, Economic Development and Small Business, then Finance.  The bill would increase the amount of special license fees paid by pipeline companies to the Public Service Commission.  The bill increases the total amount to be collected via the special license fees from $315,000 per year to $400,000 per year.  WVFB MONITORING.  Committee Substitute passed.  From House Calendar, 1st Reading, placed on Special Calendar.

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Update for February 18-22:

At the end of week two (February 18-22) nearly 1000 bills have been introduced.  Bills added to our watch list include:

SB 185 – By Senators Kessler/Mr. President and M. Hall by the request of the Executive – Referred to Transportation and Infrastructure, then Finance.  The purpose of this bill is to refine, revise and modernize the alternative fuel motor vehicle infrastructure credit and alternative fuel motor vehicle credit to more closely align the code with specific intended economic development goals and budgetary goals.  WVFB MONITORING.  Committee Substitute passed Transportation and Infrastructure, passed Finance, on 3rd Reading.

SB 222 – By Senator Snyder – Referred to Agriculture and Rural Development, then Judiciary.  Bill authorizes the Commissioner of Agriculture to promulgate a legislative rule relating to Animal Disease.  WVFB MONITORING.  Passed Agriculture and Rural Development, presently in Judiciary.  (Companion to HB 2611 – See below.)

SB 229 – By Senator Snyder – Referred to Agriculture and Rural Development, then Natural Resources, then Judiciary.  Bill authorizes the Conservation Committee to promulgate a legislative rule relating to the Operation of the West Virginia State Conservation Committee and Conservation Districts.  WVFB MONITORING. Passed Agriculture and Rural Development with amendment, passed Natural Resources, presently in Judiciary.  (Companion to HB 2651 – See below.)

SB 245 – By Senator Snyder – Referred to Energy, Industry and Mining; then Judiciary.  Bill authorizes the Department of Environmental Protection to promulgate a legislative rule relating to Horizontal Well Development.  WVFB MONITORING.  Passed Energy, Industry and Mining with amendment, presently in Judiciary.  Passed Senate, part of Rules bundle – SB 243 – in House Judiciary. 

SB 248 – By Senator Snyder – Referred to Finance, then Judiciary.  Bill authorizes the Department of Environmental Protection to promulgate a legislative rule relating to Water Pollution Control Permit Fee Schedules.  WVFB MONITORING.  Passed Finance, presently in Judiciary.  Passed Senate, part of Rules bundle – SB 243 – in House Judiciary.

SB 261 – By Senator Snyder – Referred to Agriculture and Rural Development, then Finance, then Judiciary.  Bill authorizes the Commissioner of Agriculture to promulgate a legislative rule relating to Poultry Litter and Manure Movement into Primary Poultry Breeder Rearing Areas.  WVFB MONITORING.  Passed Agriculture and Rural Development.  Passed Finance, presently in Judiciary.  (Companion to HB 2645 – See below.)

SB 265 – By Senator Snyder – Referred to Health and Human Resources, then Judiciary.  Bill authorizes the Department of Health and Human Resources to promulgate a legislative rule relating to Grade “A” Pasteurized Milk.  WVFB MONITORING.  Passed Health and Human Services, presently in Judiciary.  Passed Senate, part of Rules bundle – Committee Substitute for SB 265 - presently in House Judiciary.

SB 321 – By Senator Snyder – Referred to Agriculture and Rural Development, then Government Organization, then Judiciary.  Bill authorizes the Board of Veterinary Medicine to promulgate a legislative rule relating to the Organization, Operation and Licensing of Veterinarians.  WVFB MONITORING.  Passed Agriculture and Rural Development.  Passed Government Organization, presently in Judiciary.  (Companion to HB 2710 – See below.)

SB 338 – By Senators Palumbo, Beach, Kirkendoll, Tucker, Williams and Nohe – Referred to Judiciary.  Bill would codify existing common law in West Virginia as it relates to the duty of care possessors of property owe trespassers.  The bill was recommended for introduction and passage by the Joint Judiciary Committee.  WVFB SUPPORTS.  Passed Judiciary, on 1st Reading.  Passed Senate, presently in House Judiciary.

SB 341 – By Senators Miller, Williams and Laird – Referred to Agriculture and Rural Development, then Judiciary.  The bill requires livestock to be enclosed by a fence.  The bill requires adjoining landowners to pay for a just proportion of partition fences.  The bill encourages adjoining landowners to have written agreements.  The bill requires notice to adjoining landowners before a fence may be constructed or repaired.  The bill provides an exception for emergencies.  The bill provides that an adjoining landowner may respond.  The bill provides when a landowner does not respond he or she is responsible for a portion of the costs.  The bill permits civil actions.  The bill authorizes promulgation of rules and emergency rules.  WVFB OPPOSES.  Note:  This bill was discussed by our Board of Directors and they felt it doesn’t strengthen existing law.  Present law (19-17-5) states, “Persons owning adjoining lands, both of which are used for agricultural, horticultural, grazing or livestock purposes, shall bear a just proportion of the cost of the constructing, repairing and maintaining a partition fence between such lands.”  This bill repeals 19-17-5, as well as other sections, and addresses cost-sharing in 19-17-2, which states:  “Adjoining landowners of property used for grazing or livestock purposes shall each pay for or perform a just proportion of the construction, repairs and maintenance of the partition fence between properties.  The owner of real property who converts land to grazing or other livestock purposes after an adjoining landowner constructs a partition fence shall pay a just proportion of the original cost of constructing the fence, and shall pay for or perform a just proportion of the repairs and maintenance of the partition fence in the future.”  Thus, cost-sharing is only triggered by grazing or livestock purposes in the proposed bill.  Cost-sharing is triggered in present law by agricultural, horticultural, grazing or livestock purposes.  Passed Agriculture and Rural Development, presently in Judiciary.  Committee Substitute passed Judiciary that combines  SB 47 (stock law update/livestock trespass) and SB 341 (fencing – cost sharing is only triggered by grazing or livestock purposes).  On 3rd Reading.  Committee Substitute passed the Senate and will be considered in House Agriculture on April 3.  WVFB OPPOSES due to language whereby cost sharing is only triggered by grazing or livestock purposes.

HB 2471 – By Mr. Speaker/Mr. Thompson and Delegates Boggs, Swartzmiller, Miley, Young, Sponaugle and Barrett – Referred to Judiciary.  The bill prohibits the restriction or otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition during a declared state or emergency under the emergency powers of Governor or by any political subdivision of the state during a declared state of emergency.  The bill also provides a remedy at law and equity for a violation of a person’s rights.  WVFB SUPPORTS.  Committee Substitute passed the House, presently in Senate Government Organization.

HB 2571 – By Delegates Craig, White, Marcum, Morgan, Stowers, Eldridge, R. Phillips, Reynolds, Skaff and Miller – Referred to Government Organization.  The purpose of this bill is to permit individuals from state departments and agencies, except the Department of Environmental Protection, who have received a significant portion of his or her income, during a two-year period, from national pollutant discharge elimination system permit holders and applicants for certain state permits to serve as members of the environmental quality board.  WVFB MONITORING.  Committee Substitute passed Government Organization, on 3rd Reading, Special Calendar.

HB 2590 – By Mr. Speaker/Mr. Thompson and Delegate Armstead, by request of the Executive – Referred to Energy, Industry and Labor, Economic Development and Small Business, then Judiciary.  Companion bill to SB 342 (see above) – WVFB MONITORING.  Committee Substitute passed House, presently in Senate Government Organization.

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Update for February 13-15:

State of State Address – As expected, Governor Tomblin’s State of the State address focused on education reform, bringing the audience to their feet on numerous occasions.  He also received a resounding applause when he presented his balanced budget, “with no new taxes.”  Substance abuse, prison overcrowding and EPA’s continued assault on our state were among other topics he highlighted.

Hundreds of bills were introduced during week one (February 13-15) of the 81st Legislature.  A majority of the bills were carryover from last year.  Bills impacting agriculture on our watch list include:

SB 47 – By Senator Williams – Referred to Agriculture and Rural Development, then Judiciary.  The bill revises the antiquated stock laws of West Virginia.  The bill clarifies damages for injury or loss to person or property from trespassing livestock and permits costs to be reimbursed for containment of livestock.  It requires notification to the owner of trespassing livestock within forty-eight hours.  The bill requires negotiating the costs of containment.  The bill requires unclaimed livestock to be given to the sheriff for sale at a public livestock auction and the proceeds of the sale are distributed in a particular order.  The bill clarifies misdemeanor penalties and fines for livestock that negligently trespass and injure persons or property, and permits restitution.  WVFB SUPPORTS.  Passed Agriculture and Rural Development, presently in Judiciary.  Passed Judiciary, on 1st Reading.  Passed Senate, presently in House Agriculture, then Judiciary.  SEE SENATE BILL 341. 

SB 71 – By Senator Sypolt – Referred to Judiciary.  The bill would require that descriptions of right-of-ways and easements include width in addition to identification of the center line when this method of description is used.  WVFB MONITORING.  Passed Senate, presently in House Judiciary.

SB 110 – By Senators Palumbo and Jenkins – Referred to Judiciary, then Finance.  The bill limits the amount a property reappraisal can increase over the previous amount.  WVFB MONITORING.  Committee Substitute passed Judiciary, taken up for immediate consideration, read the first time, on second reading to Finance.

HB 2399 – By Delegates D. Poling, Anderson, Manypenny, Guthrie, Ireland, Ellem and Swartzmiller – Referred to Agriculture, then Judiciary.  The bill provides a procedure to protect livestock that are in dire or extreme condition.  WVFB SUPPORTS.  Passed Agriculture with amendment, Committee Substitute passed Judiciary, from House Calendar, 1st reading, placed on Special Calendar.

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Update for January 22:

The January 7-9, 2013 Legislative Interims set the stage for the 1st Regular Session of the 81st Legislature, convening January 9 to swear in newly elected members of the Legislature, elect officers and receive statewide election returns.  Key leaders remained the same, with Richard Thompson being re-elected as Speaker of the House and Jeffrey Kessler, Senate President.  The sixty-day Regular Session will convene on Wednesday, February 13.  Key dates for the 2013 Session include:

- March 4 (Twentieth Day) – Legislative Rule-Making Review bills due.
- March 25 (Forty-first Day) – Last day to introduce bills in the Senate and House.  (Does not apply to originating or supplementary appropriation bills or resolutions.)
- March 31 (Forty-seventh Day) – Bills due out of committees in house of origin to ensure three full days for readings.
- April 3 (Fiftieth Day) – Last day to consider bill on third reading in house of origin.  Does not include budget or supplementary appropriation bills.
- April 13 (Sixtieth Day) – Legislature adjourns at Midnight.

Farm Bureau’s legislative efforts will be guided by the “grass roots” policy approved at the annual meeting in November.  Major legislative priority issues identified include:

Agriculture and Agricultural Funding
Promote strategies/activities to confront the ongoing regulatory challenges posed by an ever aggressive EPA to ensure strength and continued growth in West Virginia’s agricultural economy.

Maintain adequate funding for the predator control program.

Promote legislation that establishes a county response mechanism/livestock committee consisting of recognized farmers within each county to address complaints regarding inhumane livestock treatment.

Promote legislation to establish/define veterinary technician responsibilities.

Promote legislation to address loose animal standards.

Promote legislation establishing Captive Cervid farming as an agriculture enterprise, regulated by the West Virginia Department of Agriculture.

Property Rights
Promote reasonable and responsible legislation regulating oil and gas exploration that will protect private property/surface owners’ rights and the environment, while encouraging the development of our resources.  Farm Bureau supports negotiations between the mineral rights owner and those requesting a lease.  We regard forced pooling to be a violation of private property rights and are opposed to any language in legislation that would promote such activity.

Promote legislation to protect the landowner from civil liability for injuries that may occur to a person or property on the landowner’s property or surrounding property caused while hunting.

Promote trespasser responsibility legislation to strengthen and protect longstanding liability rules.

Ensure that antidegradation implementation procedures follow the interpretative rule set forth by DEP.  [With the exception of streams in state and national parks and the limited number identified by the Wild and Scenic Rivers Act, any stream nominated for Tier 3 status must follow procedure – individual notification of landowner(s), current scientific data, appeal process via EQB, etc.]

Rural Values/Public Issues
Agricultural representation on the DEP Advisory Council.

Support legislation that recognizes English as the official language of West Virginia.

Taxes/Tax Reform
Maintain current farm use valuation status for real property in production agriculture, including the $1,000 production standard, while eliminating non-farmer access to this classification.

Support tax reform measures that have a positive effect on agriculture and oppose those measures that have a negative effect.

It is anyone’s guess what the 60-day session holds, but budget and education issues are expected to take center stage.  The shifting dynamics in the House, creating a more level playing field with 54 Democrats and 46 Republicans, will certainly strengthen the hand of the non-partisan, Rural Caucus.  The Caucus, led by Delegate Bill Hartman of Elkins, has always been most supportive of legislation having a positive impact on agriculture, forestry and rural West Virginia.  Stay tuned for regular updates as our decision-makers roll up their sleeves and get down to business for the citizens of our State. 

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