By Mark Fitzgibbons
The overall General Assembly vote was 81 to 33 in favor of the Boneta Bill (77 to 22 in the House), but 11 to 4 against it in one Senate committee, which was enough to end its chances of passage in this year’s legislative session in Richmond.
Remember, the eminent domain amendment that passed with approval of nearly 75 percent of Virginia voters in 2012 took five years to get through the General Assembly before it was added to the ballot.
The popularity of the Boneta Bill, which would clarify that the Virginia Right to Farm Act includes commerce, is intense among the people. It has galvanized supporters across political parties and grassroots causes.
H.B. 1430 (the Boneta Bill) was written to amend the Virginia Right to Farm Act. That Act as written prevents private nuisance lawsuits against farms for their loud machinery and farm odors. It was flawed from the outset by protecting “noise and stink,” but not expressly protecting the commerce of farming that helps actually preserve farmlands, farm families and farm communities.
That the Right to Farm Act does not expressly protect the commerce rights of small farmers does not mean that they are not protected under common law or other Virginia statutes. Indeed, nobody can credibly deny that farmers may not sell what they produce.
The Boneta Bill, as was explained today, would have protected farmers from local governments’ giving some farmers freedom to sell produce and even products from out of the country, but charging others with violations of law for those very same activities. In other words, the Boneta Bill would protect against ‘crony farming,’ which is rampant in Fauquier County.
Boneta Bill supporters immediately responded to today’s vote with a positive resolve. The Boneta Bill as written included express protection of commerce, protection of constitutional rights of farmers and their guests, and remedies against county and county officials who violate the Right to Farm Act.
Those three provisions would seem to be more popular than even the eminent domain amendment. Who doesn’t believe that farming rights include commerce, or that Fauquier County should not pay consequences when it violates the law? Hmm?
The bill will be re-introduced next year, and maybe even with stronger provisions. In the mean time, its grassroots supporters vow to educate more of the public about lawbreaking counties and bureaucrats, how large farms get large taxpayer subsidies at the expense of commerce rights of small farmers who pay sales taxes on their sales, and why small farmers need protections of their constitutional rights.
Opponents of the bill, such as Farm Bureau and others, will face a full year of being exposed as being against the rights of small farmers. Buy fresh, buy local is . . . commerce.
Small farmers are already beginning to promote other insurance companies to replace Farm Bureau as more small farmers leave that insurance company. In this year’s brief legislative saga, organizations claiming to represent small farmers were exposed as hypocrites. 2013 will not be kind to them.
The Boneta Bill shook the Richmond establishment. Indeed, farmers in other states are already clamoring for their own Boneta Bills.
A movement has been born.
Cameron Jones
February 17, 2013 at 12:30 pm
Bosun,
We met with Brian at his winery months ago when this all started, shortly after the winery ordinance passed. We offered to help him, but he decided for whatever reason, to go his own way and go it alone.
We were hoping we could merge all our efforts into one, but he like all the other winery owners save one, have decided to make it a separate issue.
You have seen correlation between the two battles if you read these pages regularly, and some of the folks who write for FFC HAVE supported Brian and HAVE spoken in support of him; several of our folks were at last weeks meeting to support him, which is more than he or you have done for Ms. Boneta.
You sir do not know of what you speak when you say we have ignored the battle between the wineries and the county.
Bosun
February 17, 2013 at 10:05 am
I see the PEC has done a good job fooling you that they are all powerful in Richmond. Apparently, you chose to ignore the VFB.
Hey, by the way, where were you and the rest of the property rights posse when the Barrel Oaks Bill needed help? Saw no infotorials by Fitzgibbons to help that small, local farmer fight the county and PEC. HB 2142 even had to be introduced by someone from Fairfax – two counties over! Not one of you showed up to testify in support of this property rights bill. No bus load, no pitchforks. Apparently, your indignation about the county crushing property rights is selective. Bosun
Angry Old Man
February 16, 2013 at 7:39 pm
Bosun, what are you smoking? Dude, your missive is illiterate.
PEC was well advised NOT to testify. PEC knows Boneta is about to sue the hell out of them because of the actions of members of the PEC BOD as well as other PEC agents. PEC’s 501(c)3 status is without question about to be lost forever. But don’t be fooled. The world knows PEC was working the back door and lobbying in Richmond.
It is difficult to comprehend Bosun’s illiterate ramblings, but presumably Bosun is referring to Del. Webert? He voted for HB1430. Maybe it had something to do with all those branded baseball caps on his website? Or maybe it is because Webert knows he could never be reelected if he did not vote for HB1430.
I hope it is worth it to you idiots to try to drive this generous kind woman off of her land.
Real patriot
February 16, 2013 at 9:30 pm
I would like to know what you are smoking angry old man. PEC will lose its non prof status??? What do you know that we don’t? I call BS. It will never happen, as much as you, me and everyone else wants it to. Never. Ever.
Bosun
February 16, 2013 at 3:17 pm
You can blame the PEC all you want, but you cannot hide that the VFB opposes the bill and NO ONE from the PEC testified at any time against the bill. Do you really think that if the VFB had been in favor of the bill, it would not have passes? The VFB is the preeminent property rights organization in the state. They helped write the constitutional amendment and lobbied hard for two lrgislative sessions to get it passes and before the voters. Do you remember all the yard signs they distributed to every farm in the state? I guess you also think that the delegate in whose district Ms. Boneta’s farm is located never testified for the bill? Maybe he is not a small farmer and/or in the pocket of the PEC? Perhaps he is in the pocket of the Fauquier government? Bosun
Mark Fitzgibbons
February 16, 2013 at 5:21 pm
Bosun,
You make some good points, whether people agree with them or not, but you completely lose credibility when you state “VFB is the preeminent property rights organization in the state.” Puh-lease. Follow FFC to see what Farm Bureau has done to harm property rights, since we’ll be doing more reporting on VFB going forward. Its opposition to HB 1430 and claims that “stakeholders” need to decide things is just one example. “Stakeholders” is a term developed by people opposed to property rights. Listen, property rights inherently means not trespassing on neighbors’ rights to quiet enjoyment of their own property. Farm Bureau wants to define down what is farming, protect tax subsidies, and do other things that are inconsistent with property rights. Just saying.
Mark Fitzgibbons
Mud on Holder's PEC Face
February 15, 2013 at 10:32 pm
Bosun, is that you PEC? Or is that PEC hiding behind the veil of CFFC? Interesting how PEC ran down to Richond to lobby hard against HB1430, isn’t it? Gee and we all thought PEC supported the small family farmer! WRONG. Every person that spoke in opposition to the HB1430 before the Senate including the Chairman himself ALL said that change was coming and that something needed to be done to address the outrageous police state of Fauquier County and to protect the small family farmers in Virginia. The entire state knows that Fauquier is run by a bunch of NIMBY elitist control freak socialists and that this county went WAY TOO FAR. It is no secret. So Bosun, you can bully and tear Boneta to shreds all you want, but at the end of the day all that muck slinging was proof of what bafoons run this county. It was never about Boneta in the first place. It was always about putting an end to the illegal abusive government infringement on the rights of Fauquier County citizens.
Bosun
February 15, 2013 at 11:31 am
Cap’n,
Let me tell your readers how things really happened. The journey of the bill through the House was entirely scripted by the Republican Caucus. You see, all of them are up for reelection and they figured that since the bill’s patron was getting the credit from the supporters, they should also. Why do you think that the patron did not try to amend the bill on the floor of the House? He was told what was going to happen in the subcommittee and the full committee beforehand, so that the bill could get out of the House quickly and to the Senate where they expected it would die. I don’t think your cause was helped when they read the attack on Del. Orrock and Matt Lohr published on your website in caucus.
Now, let’s talk about the Senate. The bill got four votes – two from co-patrons who could not vote against their own bill and one from a candidate for statewide office who voted for the bill to give himself cover, even though he did not like it. The bill did not get the support of one of the most conservative Rs on the panel who represents a heavily agricultural area, including a large number of small farmers. Hardly a RINO. The bill lost support from the most conservative Ds, I guess he did not agree with your arguments. The Chairman represents a heavily agricultural area which, I think, includes Polyface Farms, but he did not vote for it. He knows that his localities have amended their zoning ordinances to make it easier for farmers to sell their products directly to the public. And you had another R senator who helped write the Right to Farm Act. Yes, the bill’s opponents lobbied against the bill, but the senators also read the bill and all the hyperbole said by its supporters throughout the process.
Looking forward to seeing more videos of the proceedings in the senate. Glad to see your videographer took down the one mis-labeled. Like to see how he labels them; reminds me of the tactics I confronted during my battles with the socialist worker’s party in the 1970.
I wish you luck next year. You may find support for a Boneta Bill diminished once the November elections are over. Bosun
Williamsburg Supporter
February 15, 2013 at 10:03 am
Hang in there, Martha! There at folks all over the state behind you!
This just shows the true face of some RINO legislators and adds fuel to the fire!!!! Thanks FFC, for keeping the citizens informed!
You are appreciated!
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Disgusted Fauquier Citizen
February 15, 2013 at 8:12 am
This bill would have never been drafted if the county officials and electeds were not corrupt and did not pander to the PEC ( yep, that’s that environmental group who denies any environmental impact from sludge spreading … Georgia Herbert and Chris Miller…because their members partake or who disregard the use of windmills as an alternative energy source because the dang things will wreck their VIEW SHED).
The GA was called on to assist farmers with protecting their fundemental right to grow agricultural products and sell their product without interference from Holder Trumbo, Peter Schwartz, Lee Sherbyn,( how’s that little non agricultural business massage parlor working out for you Lee on your farm?), and that pea brain Kim Johnson. . . The PEC’s ” boy” so to speak. Oh, and the continual harassment by Patty and Phil Thomas who do not reside in Fauquier toward Mrs. Boneta. I mean threatening an animal control officer with his job if he did not agree to lie and say Mrs. Boneta abused animals with the full support of the County BOS behind them. How low and juvenile is this? And, they just got away with it. My question is who did they pay and how much money was involved?
If there were not a bunch of asshats running this county than there would have never been a need for the Boneta Bill. So clue in “Real Patriot” Equitable representation stops at the PEC front door.
But hey FFC, don’t stop, press on. There are hundreds of issues with this county: citizens access to a line item budget, property tax over payments by citizens ( D’Urso’s response ” we can make up any number we want. We are Fauquier and the commonwealth says so na, na, na…as he sticks his tongue out), let’s discuss the 100′s of thousands of dollars the former assistant county administrator slid to his pet projects through the back door…and how long did he remain on the county payroll until his butt was kicked to the curb? What about the questionable HUD and VDH misappropriations by Fauquier Housing Corporation now Foothills last year. Doesn’t Max Tufts serve as President of that board? Name ring a bell? Max Tufts/ BZA.
There is plenty of work to do FFC. Plenty. This is just one battle, the war is not won.
Congrats Boneta Bill!
February 15, 2013 at 6:58 am
This is a huge victory for HB1430 Boneta Bill!
Wasn’t this PBI? Bill is not dead yet, right?
Real patriot
February 15, 2013 at 7:27 am
Yeah, congrats for getting it killed. I saw mr. Fitzgibbons comments about it on youtube. This was big governments attempt to get one over on local counties. Freedom from big government!
cturner
February 15, 2013 at 8:19 am
RP,
Your comment does not make sense to me.
The bill was not about the right of the State of Virginia to dictate to local government. It was about the property rights of local farmers who are at the mercy of local governments that can impose unjust and unconstitutional restrictions on personal property use, without the checks and balances of two other branches of government, such as we have at the state and federal level.
Perhaps you should carefully read the bill; you can find the full text here: http://www.richmondsunlight.com/bill/2013/hb1430/
You will also find the comments of the overwhelming number of supporters there as well.
This bill passed the House with overwhelming support, but was killed in the Senate by lobbying interests such as Piedmont Environmental Council, Virginia Farm Bureau who apparently has decided they will only represent Big Agribusiness, and Virginia Association of Counties, and OUR OWN Board of Supervisors who spend thousands of dollars lobbying against this bill and the winery bill that was put forth in this session.
It should be noted that at least one of the Senators on the committee changed his vote from No to Yes when a roll call vote was demanded. Talk about a coward; one who certainly recognized that his constituents support the bill, and that a vote against it was going to be hazardous to his political well being in future elections.
So if you believe the death of this bill is a victory for the county, than I can only assume you are probably a supporter of one of these organizations; my guess you are most likely a PEC member disguised as a patriot.