ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4201
(By Delegates Eldridge, Butcher, Stowers,
Louisos, Border, Lawrence, Williams,
Varner, Evans and Kominar)
[Passed March 13, 2010; in effect ninety days from passage.]
AN ACT 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:
ARTICLE 1C. CARE OF LIVESTOCK.
§19-1C-1. Legislative findings.
(a) The Legislature finds that the following are important to
protect the health and welfare of the citizens of West Virginia:
(1) Establishing standards governing the care and well-being
of livestock in this state;
(2) Maintaining food safety;
(3) Encouraging locally grown and raised food; and
(4) Protecting West Virginia farms and families.
(b) Therefore, to protect the public interest, the Legislature
finds that it is necessary to create a
Livestock Care Standards
Board
.
§19-1C-2. Definitions.
For the purposes of this article:
(1) "Board" means the Livestock Care Standards Board.
(2) "Livestock" has the same definition as set out in
subsection (d), section two, article ten-b of this chapter.
§19-1C-3. Livestock Care Standards Board.
(a) On July 1, 2010, there is hereby created the Livestock
Care Standards Board
.
(b) Prior to July 1, 2010,
the Governor shall appoint, by and
with the advice and consent of the Senate, the following eleven
members:
(1) One member who is a veterinarian licensed in this state
engaging in large animal practice, for a term of two years;
(2) The dean of the agriculture department of a college or
university located in this state, for a term of three years
;
(3) One member representing a county humane society that is
organized under state law, for a term of four years
;
(4) One member who is knowledgeable about food safety in this
state, for a term of five years
;
(5) Two members of the public representing West Virginia
consumers, one for a term of two years
and one for a term of four
years
;
(6) Two members representing state agricultural organizations
that represent farmers, one of whom must be a member of the largest
organization in the state representing farmers for a term of three
years,
and the other must be a member of a statewide livestock
organization, for a term of five years
; and
(7) Three members representing family farms engaged in animal
production, at least two of whom are family farmers, for the
following terms: one for three years, one for four years and one
for five years.
(c) After the initial appointment terms, the appointment
term
is five years. Appointed members may be reappointed for additional
terms.
(d) Commencing July 1, 2010, the board consists of the
following thirteen members:
(1) The Commissioner of the Department of Agriculture or his
or her designee, ex officio
non-voting, who is the chairperson of
the board;
(2) The Director of the Animal Health Division,
ex officio non-voting
;
(3) One member who is a veterinarian licensed in this state
engaging in large animal practice;
(4) The dean of the agriculture department of a college or
university located in this state
;
(5) One member representing a county humane society that is
organized under state law
;
(6) One member who is knowledgeable about food safety in this
state
;
(7) Two members of the public representing West Virginia
consumers
;
(8) Two members representing state agricultural organizations
that represent farmers, one of whom must be a member of the largest
organization in the state representing farmers,
and the other must
be a member of a statewide livestock organization
; and
(9) Three members representing family farms engaged in animal
production, at least two of whom are family farmers.
(e) All members must be residents of this state during their
terms. 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.
(f) All appointed members serve until their successor
has been
appointed and qualified. Vacancies shall be filled in the same
manner as the original appointment for the remainder of the
unexpired term.
§19-1C-4. Powers and duties of the board.
(a) The board has the following powers and duties to:
(1) Establish standards governing the care and well-being of
livestock in this state;
(2) Maintain food safety;
(3) Encourage locally grown and raised food; and
(4) Protect West Virginia farms and families.
(b) The board is also authorized to 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, including:
(1) The agricultural best management practices for the care
and well-being of livestock and poultry in this state;
(2) Biosecurity, disease prevention, animal morbidity and
mortality data;
(3) Food safety practices; and
(4) The protection of local, affordable food supplies for
consumers.
(c) The Department of Agriculture shall administer and enforce
the standards established by the board that are approved by the
Legislature.
§19-1C-5. Compensation of board members.
(a) The ex officio members of the board may not receive
compensation for serving on the board.
(b) The appointed members of the board shall receive compensation for each day or portion of a day engaged in the
discharge of official duties
, which compensation may not exceed the
amount paid to members of the Legislature for their interim duties
as recommended by the Citizens Legislative Compensation Commission
and authorized by law.
(c) Each member of the board shall be reimbursed actual and
necessary expenses incurred for each day or portion of a day
engaged in the discharge of official duties
in a manner consistent
with the guidelines of the Travel Management Office of the
Department of Administration.
§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.