Something to Think About
D Mi h l
Don Michael, WVFB Di t of Governmental Aff i
Director f G
t l Affairs
With political
maneuvering at its peak during
the final days of the 2013
Regular Session, a friend
“Under the Dome” commented,
“Don, you can’t make this
stuff up!” I would agree. The
process is intriguing, to say the
least. A total of 1829 bills were
introduced, with legislation being completed on 215
bills. Following are highlights of a few key bills Farm
Bureau was promoting or opposing.
liability rules died in House Judiciary. But there is a
significant difference from the first year the bill was
introduced in 2012. That year the Senate passed the
bill by a near-unanimous vote, only to see it die in
House Judiciary due to concerns surfacing from a
few stakeholders. Fast forward to 2013 – Those key
stakeholders worked with us to alleviate their concerns
and were on page 100%. The stakeholder-approved
bill went through the study process without a dissenting
vote by Judiciary members reviewing it, resulting in an
interim bill with the recommendation “do pass.” SB
338 was introduced and passed the Senate by a 34-0
vote. Again the bill stalled in
Will the West Virginia House Judiciary, never making
Legislation was completed
on HB 2399, which addressed
Legislature do the right it to the agenda, in spite of the
a procedure to protect livestock
we were told it would
thing...or lag behind and fact of the first Senate billsbe
in dire condition. The Enrolled
one
reinforce the perception addressed. One friend reminded
Committee Substitute permits
the Livestock Care Standards
me, “Sometimes politics gets in
of our state being a
Board to create procedures to
the way of policy.” Perhaps the
‘judicial hellhole’?
address inhumane treatment of
most appropriate explanation
livestock. Language revising
can be found in the wisdom
West Virginia’s antiquated stock laws/general livestock
shared by another friend – Delegate Bill Hartman,
trespass law was also amended/inserted into the bill.
veteran decision-maker with integrity who chairs
the Rural Caucus annually reminds me, “Too often
A bill focusing on needed updates to numerous
we overlook the common good.” While it is unclear
sections of West Virginia Code relative to fencing laws
who or what truly caused the demise of much-needed
died in committee due to concern over recommended
legislation to protect West Virginia’s longstanding
language dealing with the apportionment of construction liability rules, it is crystal clear the “common good” took
and maintenance of partition fence. Present law states,
a backseat again.
“Persons owning adjoining lands, both of which are
used for agricultural, horticultural, grazing or livestock
Since the Philadelphia-based American Law
purposes, shall bear a just proportion of the cost of
Institute’s Restatement of the Law Third, Torts: Liability
the constructing, repairing and maintaining a partition
for Physical and Emotional Harm was published in
fence between such lands.” Farm Bureau opposed bill
2010, which has the potential to upend our current
language whereby cost-sharing was triggered only by
trespass law providing that a land possessor owes no
grazing or livestock purposes.
duty of care to a trespasser except in very narrow and
well-defined circumstances, fifteen states have passed
Bills targeting lease integration/forced pooling (SB
laws similar to SB 338 to protect their liability laws.
616 and HB 3151) were opposed by Farm Bureau and
Will the West Virginia Legislature do the right thing in
died in committee. We anticipate lease integration will
the future, joining states like Ohio and North Carolina,
be an issue again in 2014.
to protect these traditional common law rules, or lag
behind and reinforce the perception of our state being a
For the second consecutive year, much-needed
“judicial hellhole?” Time will tell. Until next time, take
legislation to protect West Virginia’s longstanding
care FRIENDS, God bless and KEEP SMILING.
“
”
West Virginia Farm Bureau News
5