Author: VFB Governmental Relations

New Virginia Laws In Effect as of July 1

/ VFB Governmental Relations / Leave a comment
Listed below are some of the new laws that took effect in Virginia on Monday, July 1, including one Virginia Farm Bureau advocated for this year.
Landowners are now protected from liability claims from trespassers as it codifies common law. Previously, landowners owe no duty of care to trespassers except in a very few circumstances. This law locks in those protections. This was a Farm Bureau success this year. 
Other laws that may be of interest:
The Governor’s Transportation Funding bill is now in effect, which includes the overhaul of Virginia’s transportation funding system, changing the fuel tax structure, raising sales taxes, imposing a fee on hybrid vehicles and authorizing regional tax increases for Hampton Roads and northern Virginia to generate more than $1 billion annually for repairing Virginia’s existing roads and bridges and new highway construction.
Farm Use mileage has been extended to 50 miles for everything.
Virginia law requires every moped driver to carry a government-issued photo ID (does not have to be a driver’s license) and every moped driver and passenger must wear a helmet. Drivers must also wear a face shield, safety glasses or goggles unless the moped has a windshield.

Virginia law now requires mopeds operated on Virginia roadways to be titled and registered by July 1,2014, but moped owners can jump start the process this summer. DMV will begin titling and registering mopeds on July 1, 2013. A moped title is $10. The annual registration fee is $20.25.

Police can now stop and ticket people for texting while driving and increasing fines for it from $20 to $125 for a first offense. It had been a secondary offense, meaning police could ticket it only if a driver is stopped for a superseding violation such as speeding. The law also provides for enhanced fines for texting drivers who are convicted of reckless driving.

Changes to the Virginia Farm Products hauling permit allowed for the Eastern Shore counties have gone into effect. This adjusts the vehicle and axle weights allowed with this permit.


Every public school must have at least two lock-down drills per year.

School boards are required to define bullying and include policies and procedures for combating it in their student codes of conduct.
Doctors are now required to provide patients they test for the crippling, tick-borne Lyme disease with written information that the tests can sometimes fail to accurately detect the presence of the disease.

Circuit court clerks are no longer allowed to disclose who has a concealed gun permit issued in Virginia.
The state sales tax is increasing to 5.3%, but in many localities in Northern Virginia it will be 6%. 

Breaking News: Senate Passes Immigration Reform Bill

/ VFB Governmental Relations / Leave a comment
Today the Senate approved S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act with a vote of 68 to 32.  Farm Bureau strongly supported S. 744, including the agricultural provisions which were the result of a compromise agreement with the United Farmworkers Union.
Below is a statement from American Farm Bureau President Bob Stallman:
“The Senate’s passage today of a balanced immigration reform bill that includes a fair and workable farm labor provision is welcomed by America’s farmers and ranchers. A comprehensive agricultural labor plan that works for all sectors of agriculture and across all regions of our nation is long overdue. We commend the Senate for addressing this very important issue, which will help ensure the continued success of agriculture in our nation.
“America’s farmers and ranchers depend on the workers who show up every day to tend crops and raise livestock. The Senate-passed bill will help ensure an adequate supply of farm labor. It also provides increased surveillance of high-risk areas along our borders. One of the best ways to improve border security is to create a legal, workable way for farm workers to enter our country. With less time and resources wasted locking up lettuce harvesters, the focus can shift to where it properly belongs—keeping those with criminal intentions out of our country.
“The passing of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 is the first step in reforming our broken immigration system and ensuring agriculture has access to a stable and legal workforce. We look forward to working with members in the House of Representative to pass responsible immigration reform legislation that includes an earned adjustment for experienced undocumented agricultural workers and a new, flexible guestworker program. It is critical that both chambers pass legislation that can be reconciled in conference and signed into law.”

VDOT Working to Cut Grass and Vegetation on State Maintained Roads by Fourth of July

/ VFB Governmental Relations / Leave a comment
Governor Bob McDonnell has announced that the Virginia Department of Transportation (VDOT) will carry out a statewide mowing blitz through Tuesday, July 2nd to make traveling on Virginia roadways as safe and inviting as possible over the Fourth of July holiday.
“A clean, well-cut roadway enhances the state’s appearance for residents and visitors, but of greater importance is the effort to improve a motorist’s ability to see signs, guardrail and oncoming traffic, and to pull over during an emergency,” said Governor McDonnell. “Additional mowing will be ongoing throughout the year, but we wanted to make sure that our roads and highways are ready to welcome the public to the Commonwealth ahead of the holiday weekend.”
VDOT state and contractor forces have coordinated their work schedules to mow as many state maintained roads as possible before Independence Day. Leading up to the holiday, motorists will observe crews collecting litter and conducting mobile mowing operations on medians and shoulders.

VDOT will always mow an area where a sight distance hazard is reported or observed, regardless of the mowing schedule.
Generally, VDOT adheres to a mowing schedule that is dependent upon weather conditions, which affect the vegetation growth rate.  Virginia Tech advises VDOT on its mowing schedule and mowing practices to help the agency make decisions based on predicted weather patterns and the type of vegetation growing in each region of Virginia.
Keeping Crews Safe
VDOT’s maintenance crews and contractors mow in a slow-moving mobile operation, with tractors and workers on foot. To protect workers, motorists are asked to:
·         Watch for posted work zone signs, slow-moving equipment and crews along roadsides and in medians
·         Reduce their speed
·         If possible, move over to the adjacent travel lane when approaching a work zone
Reporting Potential Hazards
Motorists are encouraged to contact VDOT’s 24-hour Customer Service Center at 1-800-FOR-ROAD (800-367-7623) to report sight distance hazards on interstates or roadways.
Potential safety hazards may include grass, trees or other vegetation blocking highway signs, or blocking a motorist’s view of oncoming traffic.

From the Field: Patience and Safety on the Farm

/ VFB Governmental Relations / Leave a comment
From the Field is a bi-monthly column written by Mark Campbell, Farm Bureau Field Services Director for the Central District. He writes about Farm Bureau member benefits and County Farm Bureau activities.

Participants in Nelson County Farm Bureau’s safety program
There are many jobs on a farm, but planting, haymaking, and harvest seem to be the most stressful.  Often, farmers are dealing with a small time window regarding the weather and the calendar.  Weather has been challenging to say the least this year on making hay.  However, no one is really complaining because it has been a terrific year for growing grass and crops.  I dare go out on a limb and say that it is the best that I can remember.  Although I concede that many people claim a longer existence and memory.
During these busy times, patience and safely operating equipment are critical.  I am a pretty patient guy, but I don’t deal well with equipment breakdowns.  It seems that many of these equipment breakdowns occur during haymaking with acres of hay on the ground and storm clouds billowing in the distance.  I will say that time and experience have refined and strengthened my patience over the years. I love the story that my pastor sometimes tells on patience.  The more that he prays for patience; the more problems he seems to have.  He chalks that up to the Lord training him to be more patient. 
Why am I talking about patience in a blog about agriculture?  Well there are a couple of reasons.  First and foremost is that most farm accidents happen when people are in a hurry and taking short cuts.  Many accidents happen when people are fixing or repairing equipment out in the field.  The second is other people are watching.  No, I’m not talking about the NSA–I mean family members or employees.  My young sons are always watching, and as you parents know, they will soon model what they see and hear.  My sons, even at ages 8 and 10 are safety conscious and love to put on the tractor flashers and lights whenever they get the chance. 

Nelson CountyFarm Bureau recently held a safety program at the beautiful location of Dickie Brothers Orchard www.dickiebros.com in Massies Mill.  Fifty-five people attended the event.  Saunders Brothers www.saundersbrothers.com, a large scale nursery, brought 23 employees to the safety program.  Immediately after the safety program ended, Jim Saunders summarized the presentations in Spanish for the employees that he brought. 
Jimmy Maass, VFB Safety Manager, stresses the need to be safe first before being fast.  We all recognize the need to push it a little harder to get the work done.  But be safe first.
Jimmy, who spoke at the event, talked about tractor rollovers and the VFB incentive for placing a roll bar on your tractor.  The incentive is $400.  So visit your county Farm Bureau office if your older tractor does not have a roll bar, and pick up an application.  He also spent a good bit of time talking about power take-offs (PTOs).  He then demonstrated PTO entanglement with a dummy. 
With some of the farms in the county having multiple employees that operate equipment; I foresee more interest in having safety demonstrations.
Let’s hope that the good rains keep coming and everyone stays safe out there. 
Until next time,

Mark

Working Group Launched to Discuss On-Farm Activities; Comments Welcome

/ VFB Governmental Relations / Leave a comment
Trey Davis
Assistant Director
As a result of several bills considered by the 2013 session of the Virginia legislature, a working group has been formed to discuss what on farm activities should be protected and what local governments can do to assist farmers. Commissioner Matt Lohr of VDACS has convened the “On-Farm Activities Working Group” made up of representatives of the agriculture industry, local governments, and other interested parties.  Virginia Farm Bureau is pleased to be a part of these meetings which are open to the public.
The purpose of this group is to facilitate discussions and ideas and to formulate recommendations for the 2014 legislative session. This group has no authority to change current policy or regulations. A report will be made to the House Committee on Agriculture, Chesapeake and Natural Resources and to the Senate Committee on Agriculture, Conservation and Natural Resources.
The list of participants and a public comment page can be found here: http://www.vdacs.virginia.gov/news/farmactivities.shtml.   Please feel free to submit comments and ideas for consideration of the group.  They must be approved by VDACS before being posted on the website.
Please contact Trey Davis, VFBF Assistant Director of Governmental Relations, at trey.davis@vafb.com if you have any further questions.

Breaking News: House Rejects Farm Bill

/ VFB Governmental Relations / Leave a comment
The House of Representatives voted Thursday to defeat the 2013 five-year $1 trillion farm bill in a 195-234 vote.

The down vote means the bill won’t go to conference in the Senate, which passed its own version last week. The White House had threatened to veto the House version.

In the final vote tally, only 24 Democrats voted for the bill, with 64 Republicans voting against.

American Farm Bureau Federation President Bob Stallman has released the following statement:

“The American Farm Bureau Federation is highly disappointed the House did not complete work on the 2013 farm bill, the ‘Federal Agriculture Reform and Risk Management Act of 2013.’  It was a balanced bill that would have provided much needed risk management tools and a viable economic safety net for America’s farmers and ranchers.
“We commend House Agriculture Chairman Frank Lucas (R-Okla.) and Ranking Member Collin Peterson (D-Minn.) for their commitment and hard work in bringing the bill to the floor and working toward its passage. We look forward to working with them as we regroup and move forward. We also appreciate House Speaker John Boehner (R-Ohio) for working with the Agriculture Committee leadership to bring the bill to the floor.
“A completed farm bill is much needed to provide farmers and ranchers certainty for the coming years and to allow the Agriculture Department to plan for an orderly implementation of the bill’s provisions.”

Stay tuned to Plows and Politics for updates, as well as information and action alerts from Virginia Farm Bureau. If you are a producer member and would like to receive these alerts, please contact Kelly Pruitt at 804-290-1293 or kprui@vafb.com.

AFBF: Death Tax Repeal Act ‘Gets the Job Done’

/ VFB Governmental Relations / Leave a comment
AFBF President
Bob Stallman
The American Farm Bureau Federation supports legislation introduced today in both the House and Senate that would permanently repeal the estate tax. Sen. John Thune’s (R-S.D.) bill, The Death Tax Repeal Act of 2013, coupled with bipartisan legislation of the same title introduced by Reps. Kevin Brady (R-Texas) and Mike McIntyre (D-N.C.), is welcomed by America’s farm and ranch families.
While significant tax relief was enacted last year to help farmers cope with estate taxes, AFBF believes that permanent repeal is still the best solution to protect all farms and ranches. The legislation introduced today would repeal the estate tax, maintain stepped-up basis and make permanent a 35 percent maximum gift tax rate and $5 million lifetime gift tax exemption indexed for inflation. 

 “Individuals, family partnerships and family corporations own 98 percent of our nation’s 2 million farms and ranches,” said AFBF President Bob Stallman.  “When estate taxes on an agricultural business exceed cash and other liquid assets, surviving family partners may be forced to sell land, buildings or equipment needed to keep their businesses running. This not only can cripple a farm or ranch operation, but also hurts the rural communities and businesses that agriculture supports.”

The value of family-owned farms is usually tied to illiquid assets, such as land, buildings and equipment, said AFBF. With 85 percent of farm and ranch assets illiquid, producers have few options when it comes to generating cash to pay the estate tax. Recent increases in agriculture cropland values, on average 15 percent from 2011 to 2012, have greatly expanded the number of farms and ranches that now top the estate tax exemption.
“Farm Bureau believes the estate tax should be eliminated permanently,” concluded Stallman. “We fully support The Death Tax Repeal Act of 2013 to get the job done.”

Veto Threat Looms as Farm Bill Debate Begins in House

/ VFB Governmental Relations / Leave a comment

From National Journal:

The House is scheduled to begin debate on the farm bill on Tuesday with the knowledge that if the House version makes it through Congress and goes to the White House, President Obama’s senior advisers will recommend that he veto it.
The issue for the White House is a $20.5 billion cut over 10 years in the Supplemental Nutrition Assistance Program, better known as SNAP or food stamps.
The reduction proposed in the House bill is five times greater than the SNAP-slash in the Senate-passed farm bill, which would cut $4 billion from a program expected to cost about $760 billion over the next 10 years. The White House did not threaten to veto the Senate bill, so it may be willing to live with a reduction somewhere between the Senate and House figures, a number that would have to be worked out by a conference committee.

The Office of Management and Budget issued the veto threat on the House farm bill on Monday evening while the House Rules Committee was listening to Agriculture Committee Chairman Frank Lucas, R-Okla., and ranking member Collin Peterson, D-Minn., make a presentation on the committee-passed bill. House Rules ranking member Louise Slaughter, D-N.Y., read part of the White House announcement.

“The bill makes unacceptable deep cuts in SNAP, which could increase hunger among millions of Americans who are struggling to make ends meet, including families with children and senior citizens,” the statement said. “The administration believes that Congress should achieve significant budgetary savings to help reduce the deficit without creating hardship for vulnerable families—for example, by reducing crop insurance subsidies…. If the President were presented with H.R. 1947, his senior advisors would recommend that he veto the bill.”
Lucas and Peterson did not indicate any reaction to the Statement of Administration Policy. They asked that floor debate be allowed on all the issues, but for the number of amendments to be limited. House members filed 226 amendments to the bill by Monday’s 2 p.m. deadline. The Rules Committee will issue a rule on amendments at 2 p.m. Tuesday.
As is the custom with farm bills, there was a strong spirit of bipartisanship expressed during the Rules hearing. Lucas said that the committee had attempted to write a balanced bill and noted that it passed the committee on a vote of 36-10. Peterson, who chaired the committee before Lucas, said that “in most areas of the bill, if I were chairman I wouldn’t do anything different.”
But Peterson also noted that many Democrats have problems with the size of the cut to SNAP. He said that it would have been his choice to update the eligibility standards and asset tests for SNAP, but that the committee had been unable to do that. Instead, the bill would limit the tie between low-income energy assistance and SNAP qualification and limit the use of what is known as categorical eligibility—a provision from the 1996 welfare-reform law that gives states flexibility to set the income levels and asset tests used to qualify for SNAP. Peterson said he believes it’s not fair that qualification standards vary by state, but he added that the national standard for the value of a car that a SNAP beneficiary can own is only $4,500.
Rep. Jim McGovern, D-Mass., noted that he had offered an amendment in committee to eliminate the SNAP cut. He said he would also offer an amendment on the floor and is currently searching for offsets to remove the $20.5 billion cut in the bill. McGovern said that he expects to fight the bill but that he respected Lucas and Peterson for the difficulty in putting it together.

Rep. Tom Cole, R-Okla., whose district adjoins Lucas’s, said he has learned from his farm constituents that they need the certainty of a five-year farm bill to make decisions about buying equipment and planting crops.
Rep. Rob Woodall, R-Ga., asked Lucas and Peterson if there were any “poison pills” they would prefer not to see debated. Lucas said any bill can have “an Achilles’ heel,” but he believes this bill has achieved a balance. Peterson noted that he and House Speaker John Boehner, R-Ohio, disagree over the dairy title, but each has agreed to support the bill regardless of how the title turns out on the House floor.
The House schedule calls for the last vote of the week to be held Thursday at 3 p.m., but after the Rules meeting both Lucas and Peterson expressed confidence that the bill will pass by then. “Yes, yes, yes,” Lucas said of Thursday’s final passage.

Please check your email for the latest action alerts regarding the Farm Bill from Virginia Farm Bureau’s Governmental Relations Department. If you are a producer member and wish to receive the latest action alerts by email, please contact Kelly Pruitt at 804-290-1293 or kprui@vafb.com.

This article appears in the June 18, 2013, edition of National Journal Daily as House Takes Up Farm Bill Under Threat of a Veto.

October 1 Deadline for Employers to Provide ACA Information to Employees

/ VFB Governmental Relations / Leave a comment
In preparation for the January 2014 start up of the Affordable Care Act’s (ACA) health insurance Exchanges, employers must meet the October 1 deadline to provide notice to employees (full and part-time) about the Exchanges and their potential eligibility for premium tax credits. New employees hired after October 1 must be given this notice within 14 days of their start date. Guidance released by the Department of Labor (DOL) can be found here.
The requirement to provide notice applies to employers covered by the Federal Labor Standard Act (FLSA).  In general, this means employers with one or more employee who have a volume of $500,000 of annual business. DOL guidance relating to the applicability of the FLSA can be found here.

Employers must notify workers about premium tax credits and eligibility requirements for the Exchange.  An employee whose employer-provided insurance costs exceed 9.5 percent of their income are eligible for premium assistance and to enter the Exchange.  To determine if an employee’s share of coverage exceeds 9.5 percent of income, a comparison is made between an employee’s W-2 Box 1 income and the employee contribution amount for the lowest cost for a self-only health insurance plan offered by an employer.
The notice for employers offering healthcare coverage can be found here.
The notice for employers without a healthcare plan can be found at here. 
The ACA assesses applicable large employers (more than 50 full time employees or their equivalent) who offer coverage but have at least one full-time employee receiving a premium tax credit the lesser of $3,000 for each employee receiving a premium credit or $2,000 for each full-time employee. The ACA assesses applicable large employers that do not offer coverage and have at least one full-time employee who receives a premium tax credit a fee of $2,000 per full-time employee, excluding the first 30 employees from the assessment.  
Farm Bureau created documents explain how to determine if an employer is an applicable large employer. You can find them here: 
https://docs.google.com/file/d/0Bwdwqn87Kb-9WVJtSWkxdmQwMGs/edit?usp=sharing 
and here:
 https://docs.google.com/file/d/0Bwdwqn87Kb-9TFg1MThnbkF3akk/edit?usp=sharing

From the Field: Time for a Legislative Tune-Up

/ VFB Governmental Relations / Leave a comment
From the Field is a bi-monthly column written by Mark Campbell, Farm Bureau Field Services Director for the Central District. He writes about Farm Bureau member benefits and County Farm Bureau activities.

This is one of the busiest times of the year for farmers and ranchers.  Whether you raise row crops or livestock, the longer hours of daylight are a blessing.  There always seems to be plenty of work to do.  When things were a bit slower over the winter, I bet some of you prepared your equipment while still parked in the sheds and shops.  You greased all of the fittings, changed the oil, inspected for leaks or needed repairs to make sure that everything was ready to go.
I urge you to consider the same philosophy to legislative matters now.  If you have been actively involved in Farm Bureau programs; you are well aware that legislative action requests are almost a weekly occurrence in the winter months.  But now, things are a bit slower since the Virginia General Assembly is not in session.  But I call your attention to the national level by contacting your congressman and senators.  One easy way to do it is to go to their website and type your comments.  Another is to go to our website at www.vafarmbureau.organd click on the “Policy & Action” tab.  There you can see the issues and detailed information on the topics.  While Congress is in session throughout the year with some recesses here and there, this time of year is an opportune time to contact them.  Farm Bureau has three topics than we think need to be addressed.  They are Immigration reform, Farm Bill, and Clean Water Act.

The IRS scandal that was recently discovered is an example of an increasing number of government agencies that are becoming activist in nature.  EPA for the past few years has placed an increased burden, or some may say harassment, on anyone that works with natural resources such as farmers and ranchers.  From water quality and dust regulations to oil and coal; several industries have come under the gun of the EPA.  Just two summers ago, the Department of Labor (DOL) proposed regulations that would in essence prevent any children from working on farms and ranches.  It wasn’t until a huge outcry from rural America; that DOL decided to rescind the proposal.
Citizens like you taking action in government policies and laws is critical.  In order to restrain the over reach of these agencies and burdensome regulations; you must act by contacting your legislators.  I leave you with these quotes from two of our country’s founding fathers, Thomas Jefferson and James Madison.  Their commentary on a limited government rings as true today as it did in their time.
“There are more instances of the abridgement of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.”  James Madison, June 16, 1788.
“A wise and frugal government…shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned.  This is the sum of good government”  Thomas Jefferson, March 4, 1801.
Until next time,

Mark