H. B. 4201
(By Delegates Eldridge, Butcher, Stowers,
Varner, Evans and Kominar)
[Introduced January 27, 2010; referred to the
Committee on Agriculture then the Judiciary.]
Louisos, Border, Lawrence, Williams,
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
creating the Livestock Care Standards Board for the purpose of
establishing standards governing the care and well-being of
livestock and poultry in West Virginia; defining terms;
specifying conditions of membership and the qualifications,
terms and compensation of members; requiring annual meetings
of the board; and allowing for additional meetings.
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.
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 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, 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 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
(6) Two members of the public representing West Virginia
(7) Two members representing statewide organizations that
represent farmers; and
(8) Three members representing family farms, at least two of
which are family farmers.
(b) Except for those serving in ex officio capacity, members
shall be appointed by the Governor. All members must be residents
of this state. No more than seven members of the board may be of
the same political party or 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
(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,
(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
shall call additional meetings of the board upon the written
request of three members.
NOTE: The purpose of this bill is to create the Livestock Care
Standards Board to prescribe standards for livestock care and well
being that endeavor to maintain food safety, encourage locally
grown and raised food, and protect West Virginia farms and
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would