ENGROSSED
COMMITTEE SUBSTITUTE
FOR
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:
ARTICLE 1C. CARE OF LIVESTOCK.
§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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