SB 463 — Establishing group to examine benefits and need of transferring milk rules and regulations from DHHR to Agriculture

NEWS RELEASES HELPFUL LINKS IntroducedEnrolled Version - OriginatingFinal inVersion Committee « Senate Bill 463 History OTHER VERSIONS  —  EnrolledIntroduced Version - FinalOriginating Versionin Committee  |   |  Email Key:

Red = new code to be enacted WEST virginia legislature regular session OriginatingENROLLED Senate Bill 463 By Senators Sypolt, Rucker, Clements, Cline, Mann, Maynard, Smith, Baldwin, Beach, Ojeda, and Woelfel [Originating[Passed inMarch the10, Committee2018; on Agriculture and Rural Development;

Reportedin oneffect Februaryfrom 1,passage] 2018]AN AACT BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-7-5A,designated §16-7-5a, relating to authorizing the establishment of a workJoint groupTask toForce examineon theMilk potentialRules benefit and needRegulations; of transferring some or all authority to promulgate milk rules and regulations from the Department of Health and Human Resources to the Department of Agriculture.

providing for the appointment of certain members by the Governor;

authorizing the task force to study milk rules and regulations;

providing for reimbursement of actual expenses for members;

providing task force members may receive no compensation;

requiring the task force to propose legislation;

and providing for the sunset of the task force.

MilkJoint rulesTask andForce regulationson workMilk group.Rules and Regulations.

(a) The Legislature finds that it is in the public interest to examine thethe potential potential benefit and needeconomies of scale by transferring some or all authority to promulgate milk rules and regulations from the Department of Health and Human Resources to the Department of Agriculture.

            (b) TheOn President of the Senate shall establish a work group, composed of one representative each from the Department of Agriculture, the Bureau for Public Health, the West Virginia University Extension Service, and the trade or industrybefore groupJune representing1, local2018, health departments in the state. Governor The work group shall alsoappoint includea twoJoint representativesTask fromForce theon tradeMilk orRules industry group representing the farming and agricultureRegulations industrycomposed inof the state,following at15 leastmembers: one of which shall be a dairy farmer.

The(1) One representative from the Department of AgricultureAgriculture; shall preside over the work group.  The work group shall examine the potential benefit and need of transferring some or all authority to promulgate milk rules and regulations from the Department of Health and Human Resources to the Department of Agriculture and shall recommend legislation for passage by the Legislature to the Joint Committee on Agriculture and Rural Development no later than November 1, 2018.

(c)(2) TheOne expensesrepresentative of the work group shall be paid equally from the funds of the Department of Agriculture, the Bureau for Public Health,Health; and the West Virginia University Extension Service.

The(3) membersOne representative of the workWest groupVirginia mayUniversity receiveExtension noService; compensation for their services other than actual expenses incurred in the discharge of their duties as members of work group.

(d)(4) TheOne provisionsrepresentative offrom thislocal sectionhealth expiredepartments andin arethe ofstate; no force and effect after December 31, 2018.

 (5) NOTE:Two representatives from a trade or industry group representing the farming and agriculture industry in the state, at least one of whom shall be a dairy farmer;

The(6) purposeThree ofcitizen thismembers; bill is to direct the President of the Senate to establish a work group to examine the benefits and need of transferring some or all authority to promulgate milk rules and regulations from the Department of Health and Human Resources to the Department of Agriculture.

Strike-throughs(7) indicateThree languagesenators thatas wouldrecommended beby strickenthe fromPresident aof headingthe orSenate, theno presentmore lawthan andtwo underscoringof indicateswhom newshall languagebe thatfrom wouldthe besame added.political party;

and (8) Three delegates as recommended by the Speaker of the House of Delegates, no more than two of whom shall be from the same political party.

(c) The representative from the Department of Agriculture shall preside over the work group and shall provide staff to facilitate meetings of the joint task force.  The joint task force shall examine the potential benefit and economies of scale of transferring some or all authority to promulgate milk rules and regulations from the Department of Health and Human Resources to the Department of Agriculture.

The task force shall recommend legislation to the Governor and to the Joint Committee on Government and Finance no later than December 31, 2018.

(d) The expenses of the members on the task force shall be paid equally from the funds of the Department of Agriculture, the Bureau for Public Health, and the West Virginia University Extension Service: Provided, That the members of the joint task force may receive no compensation for their services other than actual expenses incurred in the discharge of their duties as members of the joint task force.

(e) The authority of the Joint Task Force on Milk Rules and Regulations shall sunset and expire and is of no force and effect after December 31, 2018, or upon submission of any recommendations or draft legislation, whichever comes first.