WEST
virginia Legislature
2019 regular session
Introduced
Senate Bill 259
[Introduced
January 11, 2019; Referred
to the Committee on Agriculture and Rural Development; and then to the
Committee on Finance ]
A BILL to amend and reenact §7-7-6e of the Code of West
Virginia, 1931, as amended, relating to expanding the Coyote Control Program by
providing for an assessment on breeding cows; providing an option for owners of
breeding cows not to participate in the program; requiring notice; and setting
forth a purpose.
Be it enacted by the Legislature of West Virginia:
§7-7-6e. Coyote Control Program; purpose; assessment
on breeding age sheep, goats, and cows; participation; notice.
(a) Coyotes that roam forests, cities and suburbs of
the eastern states of the nation have been problems to owners of livestock in
West Virginia. However, it has been reported that the problem is about to
become worse as those animals have begun interbreeding with wolves. As the
coyotes become more wolf-like, increasing in size and veracity, the threat to
the state’s livestock will increase significantly. In order to combat this
problem, it is necessary to expand the Coyote Control Program statewide.
After June
30, 2005, it shall be the duty of (b) in order to fund our
ability to better protect the state’s livestock the county assessor and
his or her deputies of each county within the state, at the time they are
making assessments of the personal property within such county, to assess and
collect an assessment of $1 on all breeding age sheep, and $1 on all
breeding age goats, and $1 on all breeding age cows: Provided, That
payment of the assessment on breeding age cows is voluntary at the option of
the cow owner: Provided, however, That a cow owner who chooses not to
pay the assessment is not eligible to participate in the Coyote Control
Program.
(c) The
assessor collecting the assessment on breeding age sheep and goats shall be
allowed a commission of 10 percent upon all such taxes monies collected
and shall send the Commissioner of Agriculture ninety percent of such taxes
so the assessment collected, who shall deposit the same in a special
account in the State Treasury to be known as the “Integrated Predation
Management Fund.” Expenditures from the Fund shall be for the purposes set
forth in this section and are not authorized from collections but are to be
made only in accordance with appropriation by the Legislature and in accordance
with the provisions set forth in §12-3-1 et seq. of this code and
upon the fulfillment of the provisions set forth in §11B-2-1 et seq. of
this code. Provided, That for the fiscal year ending June
30, 2006, expenditures are authorized from collections rather than pursuant to
an appropriation by the Legislature
(d) The
money in the fund shall be used by the commissioner solely to enter into a
cooperative service agreement with the United States Department of Agriculture
Animal and Plant Health Inspection Service (APHIS) and Wildlife Services
(WS) to expand the Coyote Control Program statewide.
Any person
who does not pay this assessment is not eligible for the services provided by
this cooperative agreement.
(e) If
a cow owner elects to participate in the Coyote Control Program, within 30 days
of such election, the cow owner shall provide written notice of his or her
participation in the program to any landowner from whom the cow owner leases
property to graze cattle and whose property may be affected by the cow owner’s
participation in the program.
NOTE: The purpose of this bill is to the intent and policy of the
Legislature that common law corporate “veil piercing” claims may not be used to
impose personal liability on a member or manager of a limited liability
company. The bill nullifies the West Virginia Supreme Court of Appeals decision
in Joseph Kubican v. The Tavern, LLC, 232 W.Va. 268, 752 S.E. 2d 299
(2013).
Strike-throughs indicate language that would be stricken from a
heading or the present law and underscoring indicates new language that would
be added.