WV Farm Bureau Magazine May 2013 | Page 5

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