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Did Not Advance

West Virginia Bill Grants Agriculture Commissioner Power to Override Local and State Rules Affecting Agritourism

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

Last action · January 14, 2026: To Government OrganizationSponsor: Patricia Rucker

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Senate Bill 62 authorizes the West Virginia Commissioner of Agriculture to intervene and state agency or local government rules, ordinances, or policies that negatively affect activities. The measure requires the commissioner to submit an annual report to the Legislature starting June 30, 2027, detailing any instances where this override authority was invoked. Crucially, the commissioner cannot override the State Fire Code or National Fire Protection Association Life Safety Code, and must consult with fire marshals to ensure public safety.

Why it matters

operators and local governments face potential shifts in regulatory authority, as state agricultural officials gain the power to set aside local zoning, municipal rules, or agency directives that conflict with agritourism events.

Background
  • The Commissioner of Agriculture is an elected statewide constitutional officer in West Virginia heading the Department of Agriculture. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

agritourism operators

Agritourism operators experience potential overriding of local and state rules affecting their activities and events.

Directly affected

local governments

Local government ordinances, regulations, and policies relating to agritourism can be superseded by the Commissioner of Agriculture.

Directly affected

state agencies

State agency rules and directives that contravene agritourism needs are subject to override by the commissioner.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What authority does the bill give to the Commissioner of Agriculture?
The bill authorizes the commissioner to intervene and state agency or local government rules, regulations, ordinances, or policies that negatively affect or unnecessarily contravene activities.
Are fire safety regulations exempted from this override authority?
Yes. The commissioner cannot override the provisions of the State Fire Code or the National Fire Protection Association's Life Safety Code, and must consult a fire marshal to ensure public safety.
What reporting requirements are placed on the commissioner?
The commissioner must report to the Legislature on or before June 30, 2027, and annually thereafter, detailing any instances where the intervention authority was invoked.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in Senate committee.

Procedural history

4 actions
  1. Jan 14, 2026SenateCommittee
    To Government Organization
  2. Jan 14, 2026SenateIntroduced
    Introduced in Senate
  3. Jan 14, 2026SenateCommittee
    To Government Organization then Finance
  4. Jan 14, 2026SenateIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Connected Entities

Department of Agriculture, State Fire Marshal, Patricia Rucker and 3 more
OrganizationDepartment of Agriculture“State department granted preemption authority according to bill notes”Map →
OrganizationState Fire Marshal“Consulted to ensure compliance with the State Fire Code”Map →
PersonPatricia Rucker“Senator sponsoring Senate Bill 62”Map →
OrganizationWest Virginia Legislature“Legislative body receiving annual reports and enacting the statute”Map →
OrganizationCommissioner of Agriculture“Elected constitutional officer granted intervention authority”Map →
OrganizationDepartment of Environmental Protection“Agency whose rules may be preempted for occasional agritourism activities”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 55)
  • Controversy40
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz20
    Current news / social attention level

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