February 17, 2012 Issues: Air Quality..........Page 2 Animal Care.......Page 2 Annexation.........Page 2 Biosolids...........Page 2 Budget..............Page 2 Comm./Ec.Dev....Page 3 Em. Domain.....

Page 3-4 Energy.............. Page 4 Farmland Pres.....Page 4 Forestry.............Page 4 Game Laws...... Page 4-5 Labor................Page 5 Land Use........... Page 5 Reorg.of Govmt.Page 5-6 Taxes................Page 6 Transportation.....Page 7 Water Quality......Page 7 Castle Doctrine....Page 7 PD Meetings .......Page 8 Virgina Farm Bureau Governemental Relations Staff Martha Moore Vice President Wilmer Stoneman Associate Director Andrew Smith Senior Assisant Director Lindsay Reames Assistant Director Trey Davis Assistant Director Kelly Pruitt Grassroots Coordinator Norma Opel Administrative Assistant

Property Rights Amendment passes

We have been working on passing a constitutional amendment to protect your property rights for a number of years. With bipartisan support from the 2011 and 2012 Sessions of the General Assembly, we are closer to achieving this goal than ever. Thanks to your hard work this fall with the Stand Our Ground: Property Rights postcard campaign, we achieved a major victory this week getting the property rights constitutional amendment through the Senate on a 23-17 vote and through the House of Delegates on a vote of 80-18. SB437 (Obenshain) and HB1035 (Joannou), the companion legislation to dene lost prots and lost access in regards to eminent domain takings, have passed their respective houses as well. Things are looking good for getting the amendment on the ballot in November, but the battle isnt over yet. Thanks so much for all the hard work you have already done--collecting postcards, sending emails, making phone calls and visitng your legislators on this issue. This constitutional amendment would not have gotten through without the support of Virginias farmers and your activism within Virginia Farm Bureau. Now the real work begins. We need to educate Virginians about property rights and eminent domain abuse, so they are wellinformed when they visit the polls in November. We will be asking for your help in the next few months to help us accomplish this. Again, thanks for all that you do, and keep reading Plows and Politics as well as your Capitol Connections Action Alerts for updates on this issue and other critical Farm Bureau issues.

AIR QUALITY
SB641 (Ruff) requires the Air Pollution Control Board to develop a model ordinance for localities that could be used, at the discretion of the locality, to regulate air pollution emissions resulting from the use of outdoor hydronic heaters such as residential wood-red boilers. Farm Bureau opposes. This bill passed the Senate.

ANIMAL CARE
HB363 (McClellan) provides that a court may include in a protective order provisions granting to the petitioner the care, custody, and control of an animal owned, possessed, or kept by either the petitioner, the respondent, or a child residing in the household. Farm Bureau opposes this legislation. This bill died in a House Appropriations subcommittee. HB888 (Alexander) allows any locality to prohibit the tethering of animals. Farm Bureau opposes this legislation, and it was defeated in subcommittee. SB610 (Black) redenes agricultural animals to include certain companion animals including dogs. The legislation also changes how agricultural animals are regulated and handled. Farm Bureau opposes changing the denition of agricultural animals and has a number of concerns with the legislation. In working with the patron, the legislation was carried over for the year at his request.

ANNEXATION
HB1117 (Minchew) provides a continuation of the moratorium on annexation by cities through 2014. Farm Bureau supports the legislation which has now passed the House.

BIOSOLIDS

HB186 (Gilbert) authorizes a locality, by ordinance, to prohibit the land application of sewage sludge (biosolids) within its boundaries; makes clarifying amendments. Farm Bureau opposes. This bill was carried over until 2013 General Assembly Session.

BUDGET
The budget continues to be worked on in the House and Senate. Each house will debate and vote on their respective versions of the budget on February 23. Shortly thereafter, the conferees will be appointed to work out differences in the different versions of the budget. The following are budget items that Farm Bureau is supporting: Ag BMPS and Soil and Water Conservation Districts: Senator Hanger and Delegate Landes are carrying several budget amendments to restore $2.046 million for local Soil and Water Conservation Districts, to increase funding for both technical assistance and agriculture conservation practices in FY13 by $5.1 million and $25.5 million for FY14 to ramp up funding for agriculture conservation practices and technical assistance. Coyote Program: Senator Ruff and Delegate Poindexter Ruff are carrying budget amendments to restore $40,000 to bring the program back to a minimal amount needed to operate. This is an incremental approach to get this program better funded over the next few years. Reforestation of Timberland (RT) Program: Senator Hanger and Delegate Sherwood are carrying budget amendments to fulll this obligation with an additional $958,262. Virginia Cooperative Extension (VCE) /Agriculture Experiment Station (AES): Sen. Edwards and Hanger and Delegate Sherwood are carrying budget amendments to help VCE get closer towards meeting this goal. Their amendments would provide 10 additional agents in FY13 as well as four researchers in AES system. 2

HB766/SB128 (Landes/Stanley) creates the Governors Agriculture and Forestry Industries Development Fund. This legislation will establish an economic development grant program targeted specically at agricultural and forestry operations. Grants will be approved by an advisory committee to support localities efforts to attract value-added or processing facilities using Virginia-grown products. Farm Bureau supports the creation of the fund and provided comments as it was being created. The bills have both passed their respective houses with little opposition. HB292/SB405 (Scott, E.T./Hanger) increases membership of board of directors and adds the Secretary of Agriculture and Forestry and the Secretary of Technology as voting members of the board of directors of the Virginia Economic Development Partnership Authority. Farm Bureau supports this legislation. It has passed the House and the Senate. HJ172 (Scott, E.T.) recommends a joint subcommittee to study the horse racing industry in the Commonwealth and report its ndings by November 30, 2012. Farm Bureau supports this legislation. Due to budget constraints, the study was not recommended to move forward at this time. SJ114 (Vogel) commends the Virginia Wine Industry on the occasion of its 250th anniversary. Farm Bureau supports this legislation. It was passed by the Senate. HB998 (Ransone) exempts stores that are owned and operated by a farmer, that are located on the farmers land, and that sell agricultural products from being inspected by the Virginia Department of Agriculture and Consumer Services. The legislation could potentially allow the sale of raw milk and uninspected meat directly to consumers threatening the food supply. Farm Bureau opposes the legislation and has worked with the patron to address our concerns. At the patrons request, the legislation was stricken from the docket in subcommittee. SB606 (Vogel) requires a label on any food derived in whole or in part from a genetically-engineered organism if that organism can be detected in the food at a level two or more times the limit of detection of the most sensitive method commercially available for detecting that particular type of geneticallyengineered organism; any food product prepared or processed using a genetically-engineered organism, enzyme, or other genetically-engineered processing agent, whether or not the organism, enzyme, or agent is present in the nal product; or any dairy or meat product derived from livestock that has been fed any material derived from a genetically-engineered organism or has been injected or treated with geneticallyengineered hormones or drugs. Farm Bureau is opposed to this legislation. This bill was killed by the committee.

COMMODITIES AND ECONOMIC DEVELOPMENT

EMINENT DOMAIN
HJ3/SJ3 (Bell, R/Obenshain) amends the constitution to protect your property rights from eminent domain abuse as well as secure just compensation if there is a taking. SJ3 passed the Senate on bipartisan vote of 23-17 and HJ3 passed the House by a vote of 80-18 on February 13. This is a huge victory towards ensuring your property rights are protected in Virginias constitution. Farm Bureau supported, along with a coalition of other agriculture, forestry, and small business interests. Thank you for all of your hard work in securing the second passage of the constitutional amendment this Session! HB5/SB250 (Bell, R./Obenshain) develops the appropriate procedural process to move the constitutional amendment forward to be placed on the November 2012 ballot. Farm Bureau supported and both pieces of legislation have passed their respective houses. This means that the question to approve the constitutional amendment will be on the ballot for Virginia voters on the November 2012 ballot. HB1035/SB437 (Joannou/Obenshain) denes lost prots and lost access per the language in the constitutional amendment. These lost prots and lost access pieces of legislation have passed their respective houses of origin after much debate and discussion from a working group of which Farm Bureau 3

EMINENT DOMAIN continued

was a part of. Farm Bureau supported the bills in their nal form and were able to reach a compromise with the Attorney Generals ofce, the patrons, other property rights proponents, as well as condemning authorities that were initially opposed to the bills. Lost prots and lost access will be added as elements in determining just compensation beginning January 1, 2013 upon the passage of the constitutional amendment.

ENERGY
HB66 (Marshall, R.) establishes a procedure by which a manufacturer of incandescent light bulbs in Virginia may obtain a license from the State Corporation Commission. Farm Bureau supported this. It was killed in committee because of concerns regarding the constitutionality of the requirement.

FARMLAND PRESERVATION
HB371 (Pogge) allows James City County to have agricultural and forestal districts. It has now passed the House of Delegates. Farm Bureau is supporting. HB732 (Dudenhefer) provides that a transfer of development rights ordinance may permit a sending property, subsequent to severance of development rights, to be used for certain types of parks and campgrounds. It has passed the House and now moves to the Senate. Farm Bureau had no position on the legislation. The intent of the bill is to make more land available for the TDR program in localities.

FORESTRY
HB239 (Knight) and SB126 (Watkins) directs the Department of Forestrys forest tree nurseries to continue to use methyl bromide gas fumigation in their pre-seeding land preparation under the U.S. Environmental Protection Agencys listed usage exemption QPS (Quarantine & Pre-Shipment). The bill also authorizes the Department of Agriculture and Consumer Services to issue a phytosanitary certicate or a permit verifying that shipments of conifers and hardwood seedlings are free of pests and diseases. Farm Bureau supports. It has passed both houses. HB995 (Ransone) and SB428 (Ruff) limits the payment made to localities by the Department of Forestry to one-fourth of the gross proceeds derived solely from the sale of timber harvested on state forest lands. Currently, localities receive one-fourth of the gross proceeds from revenue generated by any revenuegenerating activity occurring on state forest lands. Farm Bureau is supporting. It has passed both houses. HB291 (Johnson) requires the owner of any property on which timber is to be cut to send written notice to all adjoining property owners at least 60 days before cutting timber and to send written certication to the State Forester that such notice was sent at least 45 days before cutting timber. Farm Bureau worked with the patron so that stakeholders can meet during the year to continue discussing the issue. The bill was stricken from docket in committee.

GAME LAWS
HB172 (Loupassi) prohibits hunting without permission or authority, while carrying a rearm, on land where the hunter knows a No Trespassing sign is posted or where the hunter should know entry is prohibited. This bill was amended to provide a parliamentary procedure to keep Sunday Hunting legislation alive. Farm Bureau opposed the bill in its amended form. It died in the subcommittee because of the patrons intent for the bill. HB855 (Yost) expands the denition of nuisance species in the game laws section of the Code of Virginia to specically include coyotes and feral hogs. Farm Bureau supports. This bill passed the House of Delegates.

GAME LAWS continued

HB369 (Webert), HB921 (Lingamfelter), HB989 (Moreeld), HB1002 (Ramadan) allows some form of hunting on Sunday. Farm Bureau opposes. These bills died in the Natural Resources subcommittee of the House Agriculture committee. SB464 (Northam) allows a person to hunt or kill any wild bird or wild animal on Sundays on private lands and public waters. It was amended on the Senate oor to include a 250 yard buffer around churches. Farm Bureau opposes. This bill passed the Senate and died in a subcommittee of the House of Delegates. SB25 (Stuart) removes the authority of the Board of Game and Inland Fisheries to appoint the Director of the Department, resulting in the Governor making the appointment. Farm Bureau supports. This bill was carried over until 2013 General Assembly Session. HB95/SB147 (Wilt/Puckett) allows the training of dogs to hunt bears to occur at night. Currently, the training of dogs to hunt bears is limited to one-half hour before sunrise until four and one-half hours after sunset. These bills were amended to allow for the practice to occur from 4:00 AM until 10:00 PM. Farm Bureau has no position on the bill. These bills have passed as amended in their respective houses. HB695/SB202 (Plum/Marsden) makes it a Class 1 misdemeanor for any person to erect or maintain an enclosure for the purpose of pursuing, hunting, or killing or attempting to pursue, hunt, or kill a fox or coyote with dogs. It is also a Class 1 misdemeanor to pursue, hunt, or kill or attempt to pursue, hunt, or kill a fox or coyote within such an enclosure with dogs. Farm Bureau has no position. HB 695 was tabled in subcommittee by request of the patron. SB202 was carried over until 2013 and will be studied by the Department of Game and Inland Fisheries.

LABOR
HB167 (Cosgrove) exempts children from certain provisions of the child labor laws if they are employed by (i) their parent or a person standing in place of their parent or (ii) an employer that is a business entity primarily owned by a family member or members and the parent or person standing in place of the parent consents. This bill does not alter the current farm family exemption. Farm Bureau is monitoring to make sure the farm family exemption remains in place. This bill was carried over until 2013 General Assembly.

LAND USE
HB1009 (Ramadan) and HB1076 (Hugo) involves land disturbance issues on private land including agriculturally zoned areas. Farm Bureau has no position on the bills but did amend the legislation so as to not negatively affect our members. Each bill has passed the House and is moving on to the Senate. HB1114 (Morris) claims that no local ordinance shall subject a shooting sport range to any regulation or land use requirement. Farm Bureau had no position on the bill. It was defeated in the House Counties, Cities, and Towns committee after much opposition from the localities.

REORGANIZATION OF GOVERMENT
HB1291 (Gilbert) and SB678 (McDougle) reorganizes some state agencies, some boards and certain local transportation entities. This bill is the result of an effort by Governor McDonnell to reduce the size and scope of government. This is one of the largest bills ever introduced in any General Assembly. It is well over 500 pages. There are four sections that Farm Bureau has been monitoring and working with the Governors ofce and the patrons to address our concerns. The following is a summary of these sections. These have been amended to address Farm Bureaus concerns and have passed each respective house. 5

REORGANIZATION continued
Reforestation Board Eliminates the Reforestation Board and transfers its responsibilities to the Board of Forestry. The terms of the current members of the Board of Forestry will expire July 1, 2012, and the Governor is authorized to appoint 11 new members to the Board. Initially, the members will be appointed for staggered terms. We have advocated for ensuring that landowners and all segments of the forestry industry will be represented on this combined board. Seed Potato Board Eliminates the Seed Potato Board and incorporates its duties and responsibilities into the Potato Board. We have advocated to ensure that potato farmers maintain their proportional representation on this board. Bright Flue-Cured and Dark Fired Tobacco Boards Consolidates the Bright Flue-Cured and Dark-Fired Tobacco Boards into the nine-member Tobacco Board. The promotion funds for the two types of tobacco will continue to operate separately under this combined board. We have advocated based on the policy passed at VFBF annual meeting on how tobacco growers would like this combined board to operate. Pesticide Control Board Eliminates the Pesticide Control Board and transfers its duties and responsibilities to the Board of Agriculture and Consumer Services. The bill also increases the membership of the Board of Agriculture and Consumer Services by adding two pesticide applicators. We have advocated for maintaining a majority proportional representation on the expanded VDACS board to be farmers.

TAXES
HB1194 (Garrett) raises the total annual amount of tax credits available under the farm wineries and vineyards tax credit to $500,000 for tax years beginning on or after January 1, 2012. Farm Bureau supports this legislation and all incentives for investments in agriculture. This legislation was carried over in the Finance Committee along with a number of other tax credits. HB300/SB354 (Scott, E.T./Deeds) creates a tax credit for new beehives of $200 per hive for registered beekeepers. The bill limits the credit to $2,400 per taxpayer per calendar year. Farm Bureau supports this legislation and all incentives for investments in agriculture. This legislation was amended to limit the amount that can be collected and turned the tax credit into a grant program; it has passed the House and Senate. HB456/SB404 (Ware, R.L./Hanger) makes the existing tax credit for riparian forest buffer protection for waterways refundable. Currently, the tax credit may be carried forward for ve taxable years, but is not refundable. Farm Bureau supports making the tax credit refundable however the bills were amended in committee turning the tax credit into a grant program. Virginia Farm Bureau expressed concern over this change due to the need to advocate for funding each year for a grant program. We worked with the patrons to withdraw the legislation and keep the current tax credit in place. HB160 (Hope) increases cigarette and other tobacco products tax rates. This raise in taxes has been defeated. Farm Bureau opposed this bill as well as any other bills that increase taxes on tobacco products. This legislation was defeated in subcommittee. HB419 (Watts) reinstates the estate tax for persons dying on or after July 1, 2012. Farm Bureau opposes reinstating the estate tax. This legislation was defeated in subcommittee. HB743 (Fariss) allows a county, city, or town to exempt, partially exempt, or set a lower tax rate for motor vehicles used exclusively for farming. Farm Bureau supported the legislation. It has passed the 6 House.

TRANSPORTATION
HB1195 (Lewis) increases the maximum tandem axle weight limit from 34,000 pounds to 40,000 pounds. Farm Bureau supported. It was carried over to the 2013 session. HB746 (Cline) claries the Code of Virginia to make it clear that smaller pickups are allowed to use Farm Use. Farm Bureau supports. It has passed the House. HB742 (Fariss) increases the maximum distance that an unregistered farm use vehicle may be driven on a highway to obtain agricultural or horticultural supplies from 30 to 200 miles and to transport farm produce or livestock from 50 to 300 miles. Farm Bureau worked with the patron. The bill was killed in committee. HB806 (May) provides a uniform method of assigning cost-based fees based on the amount that a vehicle is overweight. The bill also allocates payment of fees into specic funds. The bill has a delayed effective date of January 1, 2013. (Note: Agricultures overweight allowances are left untouched.) Farm Bureau supports. It has passed the House. HB1038 (Keam) allows temporary registration of overweight and oversize vehicles and assigns fees based on the amount that a vehicle is overweight or oversize. The bill also designates fees into specic funds. The bill has a delayed effective date of January 1, 2013. Farm Bureau was monitoring. The bill was rolled into HB806 which Farm Bureau supports. HB1070 (Hugo) and SB336 (Newman) expands the denition of all-terrain vehicles to include six-wheeled vehicles and vehicles that can carry passengers and narrows the denition of all-terrain vehicles to exclude riding lawn mowers. The bill also expands the denition of utility vehicles to include those with more than 25 horsepower. Farm Bureau supports. Both bills have been carried over to 2013 Session.

WATER QUALITY
HB618 (LeMunyon) authorizes the governing body of a county or city in a soil and water conservation district to enact an ordinance requiring that the localitys representatives on the district board be appointed by the governing body rather than elected by the registered voters, as is currently required. Farm Bureau has no position. This bill was tabled in subcommittee and is dead for this session. HB932 (Lingamfelter) directs the Department of Conservation and Recreation to develop and support of the Voluntary Nutrient Management Plan Computer Program. Specically, it directs DCR to develop web-based planning software and training materials for farmers and others to develop their own nutrient management plans. Farm Bureau supports the bill in its current form. The bill has passed the House.

Other bill of interest: CASTLE DOCTRINE

HB48/SB64 (Bell, R./Stuart) codies a version of the castle doctrine, allowing the use of physical force, including deadly force, by a person in his dwelling against an intruder in the dwelling who has committed an overt act against him or another person in the dwelling, without civil liability. Each of these bills have passed their respective houses of origin and will likely become law. Until this point, Virginia has been one of the handful of states without a castle doctrine. Virginia Farm Bureau has no position on the legislation but we know that it was discussed by some members in policy development process last year.

POLICY DEVELOPMENT MEETINGS

It is time for our process to develop policy for 2013 to begin. We have decided to take a more custom approach to these meetings. In some cases, we are combining this meeting with a meeting with your Congressman or their aide. However, this wasnt possible in all cases because of the eld district alignment with the congressional districts or the Congressmans schedule. Here are the dates of the meetings that we have scheduled. Your District Field Services Director will make sure that county leaders know when these meetings are scheduled if they are not listed or if we dont have all of the information. After your district has its meeting, a list of ideas surfaced from your meeting will be mailed to each county Farm Bureau Board member in your district. If your county would like more information or research on a specic issue, you should contact your District Field Services Director and they will request the information from the Governmental Relations or Commodity and Marketing Department. I hope that everyone will begin thinking about Farm Bureau policies that need to be changed, maintained or new policies that need to be developed. We hope that you will continue to stay engaged and engage other producer members in this process. The integrity of our policy development rests in county Farm Bureau leaders hands. This is the time for all ideas on policy issues to surface and let the discussion begin.

SOUTHSIDE DISTRICT Date: March 6, 2012 Time: 5:30 P.M. Orientation then PD Meeting Location: Sheldons, 1450 Four Locust Highway, Keysville NORTHERN DISTRICT Date: March 14, 2012 Time: 5:30 P.M. Orientation 6:00 P.M. Meeting with Congressman Wolfs aide 7:00 P.M. Dinner then Meeting Location: The Apple House, 4675 John Marshall Hwy, Linden MIDWEST DISTRICT Date: March 29, 2012 Time: 5:30 P.M. Location: Pulaski County Farm Bureau, 5828 NorthWind Place, Dublin VALLEY DISTRICT Date: March 29, 2012 Time: 5:00 P.M. (PD Meeting only) Location: Best Western Inn and Conference Center, Waynesboro

Virginia Farm Bureau Federation P.O. Box 27552 Richmond, VA 23261