SB 916: Recognizing authority of Agriculture Commissioner to intervene in matters that negatively affect agritourism - West Virginia

Engrossed Committee Substitute → sb916 sfa rucker _1 3-31 adopted.htm · 3 edits

MINOR

The bill text was replaced with a procedural record of a Senate amendment rather than the actual legislative content. The original bill, which aimed to protect agritourism by preventing local governments from enforcing stricter rules than state law, is no longer visible in the text. Instead, the document now shows a motion by Senator Rucker to amend the bill and a final status indicating the amendment was adopted.

Scope change

The bill's substantive scope is currently unknown because the original text defining the agritourism protections was removed and replaced with amendment history.

REQUIREMENT

The original text establishing the 'Agritourism Responsibility Act' and prohibiting local ordinances that contradict state agricultural laws was deleted.

TECHNICAL

A procedural header identifying the bill as an 'Engrossed Committee Substitute' and a record of Senator Rucker's motion to amend specific lines were added.

ENFORCEMENT

A final status line indicating the amendment was 'Adopted' and 'Rejected' was added.

Committee Substitute → Engrossed Committee Substitute · 4 edits

MODERATE

The bill was revised to remove the Commissioner of Agriculture's broad authority to override local laws and intervene in agritourism disputes. Instead, the new text prohibits local governments from enacting rules that are stricter than state agricultural laws, effectively shifting the focus from state intervention to preventing local over-regulation.

Scope change

The bill's scope shifted from empowering a state official to directly supersede local policies to establishing a prohibition against local governments creating stricter regulations than state law.

ENFORCEMENT

Removed the Commissioner of Agriculture's power to intervene and override state or local ordinances that negatively affect agritourism.

Added a prohibition preventing counties, municipalities, and health departments from adopting rules stricter than state agricultural laws, and automatically revoking any existing local rules that do so.

REQUIREMENT

Removed the requirement for the Commissioner to submit an annual report to the Legislature on instances where intervention authority was used.

SCOPE

Changed the mechanism for resolving conflicts from active state intervention to a statutory bar on local over-regulation.

Introduced Version → Committee Substitute · 4 edits

MODERATE

The bill was amended to shift its focus from granting the Department of Agriculture preemptive power to recognizing the constitutional authority of the Commissioner of Agriculture to intervene and supersede conflicting local or state rules. The new version clarifies that this authority is based on the Commissioner's role as an elected constitutional officer and explicitly requires adherence to fire safety codes when intervening. Additionally, the bill now mandates an annual report to the Legislature detailing instances where this authority was used.

Scope change

The scope expanded from a general grant of authority to the Department to a specific recognition of the Commissioner's constitutional power to intervene, with added emphasis on the Commissioner's elected status and specific fire safety exceptions.

SCOPE

Authority shifted from the Department of Agriculture to the Commissioner of Agriculture, emphasizing the Commissioner's status as an elected constitutional officer.

REQUIREMENT

Added a requirement for the Commissioner to submit an annual report to the Legislature on instances where intervention authority was invoked.

ENFORCEMENT

Clarified that the Commissioner must seek assistance from fire marshals to ensure compliance with the State Fire Code and NFPA Life Safety Code before intervening.

DEFINITION

Expanded the definition of applicable land to include any land deemed appropriate by the Commissioner, not just land classified as agricultural.

Recognizing authority of Agriculture Commissioner to intervene in matters that negatively affect agritourism

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