Removing authority of Agriculture Commissioner to increase certain fees by rules or regulations
Summary
HB2114 would repeal West Virginia Code §19-1-4b, eliminating the Agriculture Commissioner’s authority to raise certain fees through rules or regulations. The bill is narrowly focused on one statutory provision in the Department of Agriculture article and does not itself establish new fee amounts or alternative fee-setting procedures. Instead, it removes an existing delegated power from the commissioner.
In practical terms, the measure would shift control over any future increases in the affected agriculture-related fees away from administrative rulemaking and back to the Legislature unless another law authorizes changes. The bill’s stated purpose is to prevent the Agriculture Commissioner from increasing those fees by regulation, which would likely affect regulated agricultural businesses, permit holders, and other parties subject to department fees.
Impact
If enacted, HB2114 would amend state law by repealing §19-1-4b of the West Virginia Code, thereby removing the Agriculture Commissioner’s statutory authority to increase certain fees by rule. This would limit administrative discretion within the Department of Agriculture and could require fee changes to be made through legislation rather than agency regulation. The bill would affect the commissioner, the department, and any individuals or businesses that pay the covered agriculture-related fees.
Sentiment
The available context suggests a generally supportive or at least straightforwardly restrictive sentiment toward the bill, with sponsors framing it as a check on administrative fee increases. There are no recorded committee transcripts or votes in the provided materials, so there is no evidence of formal opposition or debate in the available record. The bill’s caption and purpose statement indicate a clear policy preference for legislative control over fee increases.
Contention
The main point of contention, based on the bill’s text, is the allocation of authority over fee increases: whether the Agriculture Commissioner should retain the ability to adjust fees through regulation or whether that power should be repealed and reserved to the Legislature. Supporters would likely view the repeal as limiting unelected administrative fee hikes, while opponents could argue it reduces flexibility for the department to respond to changing costs or program needs. No specific opposing arguments or stakeholders are identified in the provided record.