Engrossed Version House Bill 4201 History

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H. B. 4201

(By Delegates Eldridge, Butcher, Stowers,

Louisos, Border, Lawrence, Williams,

Varner, Evans and Kominar)

(Originating in the Committee on the Judiciary)

[February 26, 2010]

A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-1C-1, §19-1C-2, §19-1C-3, §19-1C-4, §19-1C-5 and §19-1C-6, all relating to establishing the Livestock Care Standards Board; defining terms; specifying conditions of membership and the qualifications, terms and compensation of members; authoring legislative rulemaking; and providing for meetings of the board.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §19-1C-1, §19-1C-2, §19-1C-3, §19-1C-4, §19-1C-5 and §19-1C-6, all to read as follows:
§19-1C-1. Definitions.
For the purposes of this article:
(1) "Board" refers to the Livestock Care Standards Board created in section two of this article.
(2) "Livestock" has the same definition as subsection (d), section two, article ten-b of this chapter.
§19-1C-2. Creation of Livestock Care Standards Board.
(a) This provision creates the Livestock Care Standards Board for the purpose of establishing standards governing the care and well-being of livestock in this state. In executing its purpose, the board shall endeavor to maintain food safety, encourage locally grown and raised food and protect West Virginia farms and families.
(b) The board shall establish standards by legislative rule, pursuant to the provisions of article three, chapter twenty-nine-a of this code, governing the care and well-being of livestock in this state. In establishing those standards, the board shall consider factors that include, but are not limited to, agricultural best management practices for the care and well-being of livestock and poultry in this state, biosecurity, disease prevention, animal morbidity and mortality data, food safety practices, and the protection of local, affordable food supplies for consumers. The Department of Agriculture shall administer and enforce those standards established by the board that are approved by the Legislature.
§19-1C-3. Board members.

(a) The board consists of the following thirteen members:
(1) The Commissioner of the Department of Agriculture or his or her designee, who is the chairperson of the board, and the Director of the Animal Health Division, both of whom are members ex officio;
(2) One member who is a veterinarian who engages in large animal practice and licensed in this state;
(3) The dean of the agriculture department of a college or university located in this state;
(4) One member representing a county humane society that is organized under state law;
(5) One member who is knowledgeable about food safety in this state;
(6) Two members of the public representing West Virginia consumers;
(7) Two members representing statewide organizations that represent farmers, one of whom must be a member of the largest organization in the state representing farmers; and
(8) Three members representing family farms engaged in animal production, at least two of which are family farmers.
(b) Except for those serving in ex officio capacity, members shall be appointed by the Governor subject to confirmation by the Senate. All members must be residents of this state. No more than seven members of the board may be of the same political party and no more than five may be from the same congressional district at any given time.
§19-1C-4. Terms of board members.
(a) Members of the board shall be appointed for initial terms as follows:
(1) Members appointed pursuant to subdivisions two, three, four and five of subsection (a), section three of this article shall be appointed for terms of one, two, three and five years, respectively;
(2) For members appointed pursuant to subdivisions six and seven of subsection (a) section three of this article, one member appointed pursuant to each subdivision shall be appointed for a two year term, and one member from each section shall be appointed for a four year term; and
(3) The three members appointed pursuant to subdivision eight, subsection (a) of section three of this article shall have initial terms of one, three and five years, respectively.
(b) Members serve until the appointment and qualification of his or her successor. Successors of appointed members of the board are appointed for overlapping terms of five years. Appointed board members may be reappointed for additional terms. Vacancies are filled in the same manner as the original appointment for the remainder of the unexpired term.
§19-1C-5. Compensation of board members.
The ex officio members of the board may not receive compensation for serving as board members. The appointed members of the board shall receive the same compensation as, and each member of the board shall be paid the expense reimbursement as, is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion of a day engaged in the discharge of official duties.
§19-1C-6. Meetings of the board.
The board shall meet at least annually, and the chairperson may call additional meetings of the board upon the written request of three members.
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