By Mark Fitzgibbons
Delegate Ken Plum, Reston
Delegate Ken Plum of Reston, the only member of the House Agricultural Committee to vote against H.B. 1430 the Boneta Bill, claims its supporters are preying on fear. He relies on incorrect information and his own fear mongering to make his case.
In an opinion piece he states:
“When local government officials in Fauquier County shut down the operation of a roadside vegetable stand because it violated local zoning regulations, a firestorm of protests followed, fueled by a fear that somehow local government was interfering with residents’ “right to farm.” A bill that in its original form would have seriously limited the ability of local governments to regulate land use was introduced, modified in committee, and passed by the House of Delegates. Clearly the fears of the bus load of proponents of the bill who came to Richmond to testify in favor of it were a powerful force. Legislators who themselves feared repercussions if they opposed the bill, watered it down to limit its harmful effects but chose to play it safe and passed it.”
His fear mongering is that the Boneta Bill would limit the ability of local governments to regulate land use. The Boneta Bill does no such thing. Indeed, there are farms in Fauquier County and all across Virginia owned by political officials and members of certain – ahem – environmental groups who engage in the type of commerce protected by the Boneta Bill. We just think that those protections should extend to everyone, not just government officials and their pals.
The Boneta Bill amends the flawed, toothless Right to Farm Act. Here’s what it would have done before it was gutted by the General Assembly:
“Agricultural operation” shall include the commerce of farm-to-business and farm-to-consumer sales. For purposes of this chapter, the commerce and sale of certain items, such as art, literature, artifacts, furniture, food, beverages, and other items that are incidental to the agricultural operation, and constitute less than a majority amount of production or sales, or less than a majority of annual revenues from such sales, shall be deemed part of the agricultural operation.
Any ordinance shall be null and void that is directed at persons, property, or activity on land zoned agricultural or silvicultural that seeks to restrict the free exercise of rights guaranteed by the Constitution of Virginia or United States Constitution, including the right of free speech, to freedom of the press, of peaceable assembly, and freedom of religion, or that violates the Constitution of Virginia or United States Constitution, including the prohibitions on unreasonable searches and seizures, or rights protected under Amendments II, IX, and X of the United States Constitution.
A. Any county that violates any provision of this chapter shall be liable to aggrieved persons in the amounts equal to the fines and penalties that the county seeks to impose on such aggrieved persons, plus attorney fees.
B. Any official or employee of a county who violates any provision of this chapter, or whose interpretation or enforcement of duties operates contrary to this chapter, shall be personally liable to aggrieved persons in the amount equal to the fines and penalties that such county official or employee seeks to impose on such aggrieved persons, plus attorney fees, and shall otherwise be subject to the penalties that the official or employee seeks to impose, whether civil or criminal. Such official or employee shall not be protected by sovereign immunity for causes of action in trespass or tort.
The Virginia Association of Counties opposed the Boneta Bill using similar fear mongering. VACo’s executive director Jim Campbell ducked my invitation to publicly debate the bill saying, “Thank you for your recent email. We decline your invitation. VACo’s positions are reflective of the philosophies of the majority of our members.”
By a show of hands, especially from our Democrat readers, how many people would like to see counties subject to remedies when they violate the law or violate people’s rights?
I’ll give Delegate Plum credit for publicly addressing the Boneta Bill in an editorial, but I also extend the same challenge to him: let’s you and I have a public, filmed debate on the Boneta Bill.
As reported at Project Vote Smart, here are Ken Plum’s $1,000+ contributors.
| DOMINION | $20,500.00 |
| RICE, EDWARD H | $7,500.00 |
| VIRGINIA AUTOMOBILE & TRUCK DEALERS ASSOCIATION | $6,500.00 |
| KFOURY, MR JORGE | $5,456.00 |
| M C DEAN INC | $5,000.00 |
| RITCHEY, MR JOSEPH L | $5,000.00 |
| VIRGINIA BANKERS ASSOCIATION | $4,500.00 |
| RAPKING, MS CAROLINE H | $4,000.00 |
| VIRGINIA CABLE TELECOMMUNICATIONS ASSOCIATION | $4,000.00 |
| VIRGINIA ASSOCIATION OF REALTORS | $3,500.00 |
| AMERICA ONLINE | $3,500.00 |
| OGORMAN, MRS MARY B | $3,500.00 |
| NORTHERN VIRGINIA TECHNOLOGY COUNCIL | $3,500.00 |
| VOLGENAU, MR ERNST | $3,000.00 |
| FAIRFAX COUNTY PROFESSIONAL FIRE FIGHTERS & PARAMEDICS LOCAL 2068 | $3,000.00 |
| VIRGINIA TRIAL LAWYERS ASSOCIATION | $3,000.00 |
| ELECTRICAL WORKERS LOCAL 26 | $2,750.00 |
| VIRGINIA ASSOCIATION OF HEALTH PLANS | $2,634.00 |
| NORTHROP GRUMMAN | $2,500.00 |
| MARQUEZ JR, MR DARIO | $2,500.00 |
| HOWLAND, MR MICHAEL H | $2,500.00 |
| VIRGINIA PROFESSIONAL FIRE FIGHTERS | $2,500.00 |
| COMSTOCK PARTNERS LC | $2,500.00 |
| K12 INC | $2,500.00 |
| REYNOLDS AMERICAN INC | $2,500.00 |
| GUPTA, MRS MARGARET B | $2,200.00 |
| TOLL ROAD INVESTORS PARTNERSHIP II LP | $2,000.00 |
| GENWORTH FINANCIAL | $2,000.00 |
| VIRGINIA AFL-CIO | $2,000.00 |
| VIRGINIA CREDIT UNION LEAGUE | $2,000.00 |
| UPS | $2,000.00 |
| WILLIAMS, MULLEN | $1,750.00 |
| WETLAND STUDIES & SOLUTIONS INC | $1,500.00 |
| NV/REALTORS POLITICAL ACTION COMMITTE | $1,500.00 |
| COVANTA PROJECTS | $1,500.00 |
| OHRSTROM II, MR GEORGE L | $1,500.00 |
| AMERICAN ELECTRIC POWER | $1,500.00 |
| CAPITAL CUISINE CATERERS LLC | $1,500.00 |
| HUDGINS FO | $1,347.00 |
| HOWE, JANET | $1,347.00 |
| HARRISON, MR STANLEY E | $1,250.00 |
| GRIFFIN, MS CHRIS | $1,250.00 |
| DITRAPANI, MRS MARCIA | $1,250.00 |
| HOSPITAL CORP OF AMERICA | $1,250.00 |
| MCGUIREWOODS | $1,250.00 |
| SHEARER, MRS BARBARA | $1,146.00 |
| HALL JR, MR ROBERT T | $1,000.00 |
| BOWERBANK, MR JONATHON I | $1,000.00 |
| RICHARDS, MR STANLEY | $1,000.00 |
| ANTHEM BLUE CROSS & BLUE SHIELD | $1,000.00 |
| NORTHROP GRUMMAN CORP SHIPBUILDING | $1,000.00 |
| VIRGINIA COAL ASSOCIATION | $1,000.00 |
| AT&T | $1,000.00 |
| VIRGINIA EDUCATION ASSOCIATION PAC | $1,000.00 |
| VERIZON | $1,000.00 |
| ALPHA NATURAL RESOURCES | $1,000.00 |
| BOBZIEN, MRS CATHERINE H | $1,000.00 |
| WELLS FARGO & CO VIRGINIA EMPLOYEES GOOD GOV FUND | $1,000.00 |
| FLUOR CORP | $1,000.00 |
| IUEO #147 | $1,000.00 |
| ASSOCIATED GENERAL CONTRACTORS OF VIRGINIA INC PAC | $1,000.00 |
| MUDD, MR CHARLES B | $1,000.00 |
| ECKERT SEAMANS CHERIN & MELLOTT | $1,000.00 |
| VIRGINIA DENTAL ASSOCIATION | $1,000.00 |
| ACTION CMTE FOR RURAL ELECTRIFICATION | $1,000.00 |
| MATTHEWS, MS TANYA | $1,000.00 |
| VIRGINIA HOSPITAL & HEALTHCARE ASSOCIATION | $1,000.00 |
| CAPITAL ONE FINANCIAL | $1,000.00 |
| OLD DOMINION HIGHWAY CONTRACTORS ASSOCIATION | $1,000.00 |
| REED SMITH LLP | $1,000.00 |
| LIUNA! PAC | $1,000.00 |
| AMALGAMATED TRANSIT LOCAL #689 | $1,000.00 |
| SMART, MR S BRUCE | $1,000.00 |
| TRANSURBAN | $1,000.00 |
| SPRINT NEXTEL | $1,000.00 |
| ULFELDER, MR JOHN | $1,000.00 |
| MATTHEWS, MS SUZANN W | $1,000.00 |
| RAKOFF, MR STUART H | $1,000.00 |
| VIRGINIA HEALTH CARE ASSOCIATION | $1,000.00 |
| WAL-MART | $1,000.00 |
| CAREFIRST BLUECROSS BLUESHIELD | $1,000.00 |
| COMCAST | $1,000.00 |
| THOMPSON HOSPITALITY SERVICES | $1,000.00 |
| AMENT, MR W WILLIAM |
Plum Out to Pasture
February 11, 2013 at 10:25 pm
That is a VACO sticker Delegate Plum is wearing!! Get a new Job Plum! Maybe you should spend a week with a Virginia small family farmer so you can understand what it feels like to have the boots of bully government officials on the necks of the small farmers in Virginia strangling the life out of them.
Gregg Jones
February 10, 2013 at 5:31 pm
There is only one solution and that will be in the next election.
Richmond or Bust!
February 10, 2013 at 4:52 pm
Ummmm …. Did Delegate Ken Plum call all those poor farmers that drove over 5 hours with children to be in Richmond for Hb1430 a bunch of “late night comedy shows”???? Ouch!