SB 171 — Prohibiting county commissions from adopting authorization that exceeds state law regarding agriculture operations

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedEnrolled Senate Bill 171 BBy YSENATORSSenators HHamilton, AMILTO,Smith, SMIT,Taylor, TAYLOR,Oliverio, LIVERI,Deeds, DEEDSSwope, ,Rucker, WOPE , UCKER, WOODRUM , RUMP ,AND JEFFRIES [Introduced January 10, 2024] Intr SB 171 A BILL to amend andreenact §7-1-3 and §7-1-3ffWoodrum of[Passed theFebruary Code13, of2024; West Virginia, 1931, as amended, all relating to prohibiting county commissions from adopting any ordinance, rule, license requirement, or other authorization that exceeds state law, rule, or regulation regarding agricultural operations;

in effect 90 days from passage] Enr SB 171 AN ACT to amend and reenact §7-1-3 and §7-1-3ff of the Code of West Virginia, 1931, as amended, all relating to prohibiting county commissions from adopting any ordinance, rule, license requirement, or other authorization that exceeds state law, rule, or regulation regarding agricultural operations;

IntrThey 1 Enr SB 171 They shall, in all cases of contest, judge of the election, qualification and returns of their own members, and of all county and district officers, subject to appeal as prescribed by law.

Intr SB 171 (c) County commissions may not adopt an ordinance, rule, or regulation, or take other 2 Enr SB 171 action, that prohibits the purchase, or alters the permissible use or application, of any federally or state-registered pesticide, herbicide, or insecticide product.

(a) Plenary power and authority are hereby conferred upon every county commission to adopt ordinances regulating the repair, alteration, or improvement, or the vacating and closing or removal or demolition, or any combination thereof, of any dwellings or other buildings, except for buildings used for farm purposes on land actually being used for farming or dwellings on agricultural lands or operations as defined in §19-19-2 of this code, unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents, or other calamities, lack of ventilation, light or sanitary facilities, or any other conditions prevailing in any dwelling or building, whether used for human habitation or not, which would cause the dwellings or other buildings to be unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare, whether the result of natural or manmade force or effect.

(c) The county commission, in formally adopting ordinances, shall designate an enforcement agency which shall consist of the county engineer (or other technically qualified county employee or consulting engineer), county health officer or his or her designee, a fire chief Intr SB 171 from a county fire company, the county litter control officer, if the commission chooses to hire one, and two members-at-large, one of whom has a background in, or knowledge of, agricultural 3 Enr SB 171 operations as defined in §19-19-2 of this code, selected by the county commission to serve two- year terms.

Provided, That any litter control officer who is trained and certified as a law-law-enforcement enforcement officer and whose certification is active has the same authority as any other law-law-enforcement enforcement officer to enforce all litter laws in this code.

Any entrance upon premises forthefor the purpose of making examinations shall be made in a manner that causes the least possible inconvenience to the persons in possession.

Complaints shall be initiated by citation issued by the county litter control officer or Intr SB 171 petition of the county engineer (or other technically qualified county employee or consulting engineer) on behalf of, and at the direction of, the enforcement agency, but only after that agency has investigated and determined that any dwelling, building, accumulation of refuse or debris, 4 Enr SB 171 overgrown vegetation, or toxic spillage or toxic seepage is unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare and should be repaired, altered, improved, vacated, removed, closed, cleaned, or demolished.

The West Virginia Rules of Evidence do not apply to the proceedings, but each party has the right to present evidence and examine and cross-examinecross- examine all witnesses.

or any other conditions prevailing in the dwelling or building, whether used for human habitation or not and whether the result of natural Intr SB 171 or manmade force or effect, which would cause the dwelling or other building to be unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare;

or whether there is an accumulation of refuse or debris, overgrown vegetation, toxic spillage or toxic seepage on private 5 Enr SB 171 lands which is determined to be unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare, whether the result of natural or manmade force or effect.

Intr SB 171 and (4) to order the payment of all costs incurred by the county with respect to the property and for reasonable attorney fees and court costs incurred in the prosecution of the action.

(i) County commissions may receive and accept grants, subsidies, donations, and services 6 Enr SB 171 in kind consistent with the objectives of this section.

NOTE:

The purpose of this bill is to prohibit county commissions from adopting any ordinance, rule, license requirement, or other authorization that exceeds state law, rule, or regulation regarding agricultural operations.

The bill revokes any ordinance, rule, or regulation previously adopted by county commissions regarding agricultural operations.

The bill prohibits county commissions from adopting any ordinance, rule, regulation, or other authorization that applies to use of federal or state pesticides, herbicides, or insecticides.

The bill prohibits county commissions from adopting ordinances that regulate dwellings or other buildings on agricultural land or operations;

requiring appointment of at- large member on county enforcement agency to have background or knowledge of agricultural operations.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.