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LEGISLATIVE UPDATE - April 2008

Two thousand one hundred and thirty-four (2134) bills were introduced during the 2008 Regular Session.  Legislation was completed on 246 bills.  Governor Manchin signed 234 bills and vetoed twelve.  BILLS OF INTEREST THAT WERE SIGNED INTO LAW INCLUDED:

S.B. 9 – Permits Hunter Safety Programs in Public Schools (Governor signed 4-1-08)  Note:  Coursework is optional, not mandatory.

S.B. 145 – Castle Doctrine/Relating to Reasonable Force in Defense of Self, Real and Personal Property (Governor signed 3-12-08)  Note:  This bill addresses the use of force, including deadly force, against attackers or intruders. 

S.B. 305 – Clarifying Procedures for Seizing Neglected or Abused Animals (Governor signed 3-27-08)  Note:  Agriculture has an exemption providing normal agricultural practices are being used.

S.B. 373 – Authorizing DEP to Promulgate Legislative Rules (Governor signed 3-28-08)  Note:  This is the bundled rules package addressing antidegradation implementation procedures.  As was noted in our last legislative update, DEP Secretary Timmermeyer will be providing an interpretative rule to clearly address the process.  Questions still linger and we are hopeful that the interpretative rule will provide the necessary clarity to guide the process.  We will provide details of the rule as soon as it is available.

S.B. 622 – Creating Voluntary Rural and Outdoor Heritage Conservation Act (Governor signed 3-27-08) Note:  This bill establishes an Outdoor Heritage Conservation Fund;  creates a Board of Trustees; provides funding of land conservation and issuance of bonds; and deed recording fee increase to go to the Outdoor Heritage Conservation Fund, Farmland Protection Fund and clerk of the county commission.

H.B. 4088 – Allows Farm Equipment Dealers to Calculate Inventory Based on an Average of Their Yearly Sales (Governor signed 3-28-08)  Note:  This bill allows farm equipment dealers to change the way they calculate their inventory to an average monthly basis rather than the inventory as of the first day of July.

H.B. 4150 – Requires the Purchasing of American-made Flags with State Funds (Governor signed 3-28-08)  Note:  This bill was not on our watch list, but it is worthy to note that in this case the citizens’ money has been targeted to BUY AMERICAN!

H.B. 4344 – Relating to the Criminal Offense of Cruelty to Animals (Governor signed 3-27-08)

H.B. 4511 – Relating to Zoning Ordinance Adoption by Election or Otherwise (Governor signed 3-27-08)  Note:  Bill increases citizen involvement in the zoning process.

BILLS OF INTEREST THAT DID NOT PASS INCLUDED:

S.B. 255 – This 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.

S.B. 499 – Bill would eliminate the severance tax on timber.

S.B. 543 – Bill would exempt farm vehicles from certain regulations when crossing state lines.

H.B. 2367 – Bill permits DEP to remediate any waste tire pile in the state consisting of 25 or more tires.

H.B. 2930 – Bill would provide that an applicant for a farm use exemption certificate may not be required to appear before any assessor.

H.B. 4039 – Bill would give abutting landowners of state property a right of first refusal to lease or buy public lands.

H.B. 4132 – Captive Audience Bill that would restrict an employer’s right to communicate with employees.  If passed, West Virginia would have been the only state in the union with such legislation.

H.B. 4286 – Oil and Gas Surface Owner’s Bill of Rights (One-year study resolution was approved.  The issue will be one of those that will take center stage during the 2009 Regular Session.)

Bills addressing ATV regulations and definition(to include UTVs) also failed.

Don Michael, Director of Governmental Affairs, WV Farm Bureau