Something to Think About
Don Michael, WVFB Director of Governmental Affairs
Good Times for
Agriculture – There is much
to report on good news for
the agriculture community
– news made possible by
a legislative body that hit
the ground running! Farm
Bureau and our coalition
friends have worked
diligently on legislation to
protect our state’s longstanding trespass liability
laws. For the past two years such legislation
was approved by the Senate, but stalled in House
Judiciary. Twelve days into the ongoing session
legislation has been completed on Senate Bill #3 –
Real Property Possessor’s Liability for Trespasser
Harm – and it awaits Governor Tomblin’s
signature. The legislation passed by a 33-0
vote in the Senate, and 98-0 vote in the House.
Farm Bureau appreciates the quick action on this
important piece of legislation affecting all property
owners. We thank legislators for supporting the bill,
with special thanks to those who have embraced the
legislation since its inception in 2013.
A related bill – Senate Bill #13 – seeks to
reinstate West Virginia’s “open and obvious”
doctrine of common law that was abolished by the
West Virginia Supreme Court of Appeals in 2013.
The court’s action, by a 3-2 vote, overturned more
than 100 years of West Virginia precedent related
to premises liability. Senate Bill #13 has passed
the Senate and was on 3rd Reading in the House
at this writing. We are optimistic this legislation
will also pass, providing property owners with the
protections that have existed for over a century in
our state.
There has been much discussion about fixing
the unintended consequences of last year’s “crisis”
legislation dealing with aboveground storage tanks.
House Bill #2574 has been introduced providing
a 10,000 gallon tank exemption, targeting only
those tanks in zones of critical concern. “Common
sense” language in the bill is consistent with
recommendations made by Farm Bureau and other
industry stakeholders. Stay tuned for what we
hope will be positive results.
Among the many positive happenings “Under
the Dome,” we were delighted to learn a member
of West Virginia’s FFA family has been selected as
Senate Parliamentarian. Jacob “Jake” Nichols, an
American FFA Degree recipient from Clay County,
started his work at the Capitol as a Committee
Clerk to the Senate Judiciary Committee. He
later moved to the position of Senior Legislative
Analyst and Assistant Parliamentarian, before
being selected as the official “rules of order”
authority for the West Virginia Senate. “Jake”
gives much credit to his Agricultural Education/
FFA training for equipping him with the skills
to succeed in his present role. In the middle of
his 11th Regular Legislative Session, this young
and somewhat seasoned veteran of the legislative
process notes: “I love what I do, and I have always
enjoyed the ‘process.’ The importance of knowing
rules and procedure in this line of work is obvious,
but I have also tried to remember, ‘As we mingle
with others, let us be diligent in labor, just in our
dealings, courteous to everyone, and, above all,
honest and fair in the game of life.’ I think that
has made a difference.” Indeed it has “Jake” –
Congratulations! On a related note, Dr. Roger
Hanshaw, Past State FFA President from Clay
County, recently joined the ranks of public service
when he took the oath of office as a member of
the WV House of Delegates, representing District
33. Delegate Hanshaw’s visionary leadership will
serve his constituents well – Congrats Roger!
On a scary note, rumors abound legislation
may be gaining steam related to elk restoration
in West Virginia. This could have devastating
consequences for the farm community, as well as
those traveling the roads of our state. A legislative
study would certainly be warranted! Until next
time, KEEP SMILING FRIENDS, God bless you
and your loved ones, and God bless
America.
West Virginia Farm Bureau News 5