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2004 SESSION

044443808
SENATE BILL NO. 191
Offered January 14, 2004
Prefiled January 13, 2004
A Bill for the relief of Larry and Virginia Mitchell.
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Patron-- Reynolds
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Referred to Committee on Finance
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Whereas, Larry and Virginia Mitchell (the Mitchells) live at 1967 Mitchell Cross Road in Hillsville in Carroll County, Virginia; and

Whereas, the Mitchells lease land in Hillsville upon which crops are grown, including corn; and

Whereas, the Mitchells estimate that a wild bear(s) destroyed approximately 20 percent of their corn crop in each of 2002 and 2003; and

Whereas, the Mitchells estimate the cost of this destruction at $2,000 in 2002 and $3,000 in 2003 for total losses of $5,000; and

Whereas, the Department of Game and Inland Fisheries (the Department) visited the Mitchell's farm and confirmed that a bear(s) did destroy part of the Mitchell's corn crop; and

Whereas, such losses occurred in the months of August and September 2002 and the months of August and September 2003; and

Whereas, the Mitchells assert that in the approximate period of 1998 to 2000 the Department on several occasions released bears in Pulaski County; and

Whereas, the Mitchells assert that the place of release in Pulaski County was about 30 miles from the Mitchell's farm; and

Whereas, Larry Mitchell states that he saw a bear with a radio-tracking collar around its neck in May 2002, approximately one-half mile from his farm; and

Whereas, the Mitchells state that a neighbor told them that he saw a Department truck towing a trailer with a bear cage on it in the immediate vicinity of the Mitchell's farm sometime in 2000; and

Whereas, the Mitchells state that their neighbor could not confirm whether or not a bear was inside such cage; and

Whereas, for the foregoing reasons, the Mitchells believe that a bear(s) released by the Department was responsible for the damage to their crops; and

Whereas, the Department denies releasing any bear in the immediate vicinity of the Mitchell's farm; and

Whereas, the Mitchells state that in September of 2003 game wardens issued a warning ticket to their neighbor for leaving bread near the Mitchell's corn crop; and

Whereas, the Department indicated that such a warning ticket was given for baiting bear; and

Whereas, the Mitchells state that in 2003 employees of the Department indicated that they would issue them a kill permit next year if they suffer additional crop damage; and

Whereas, the kill permit would allow the Mitchells to kill a bear damaging their corn crop; and

Whereas, under § 29.1-352 of the Code of Virginia a locality may adopt a damage stamp program to establish a source of funds to compensate citizens for damage to crops caused by a bear; and

Whereas, under the damage stamp program localities may charge hunters an annual fee of $1 to purchase such a stamp; and

Whereas, a person may not lawfully hunt bear or deer in a locality that has adopted a damage stamp program unless such person has purchased the damage stamp; and

Whereas, one use of the proceeds from the $1 annual damage stamp fee is to compensate persons for losses caused by bear or deer; and

Whereas, Carroll County has not adopted a damage stamp program and, as a result, the Mitchells cannot apply for relief under such program; and

Whereas, the Mitchells suffered $5,000 in economic losses from the destruction of their corn crop and have no other means to obtain adequate relief accept by action of this body; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. § 1. That there shall be paid for the relief of Mr. and Mrs. Larry and Virginia Mitchell (the Mitchells), from the general fund of the state treasury, upon execution of a release of all claims they may have against the Commonwealth or any agency, instrumentality, officer, employee, or political subdivision in connection with the aforesaid occurrence, the sum of $5,000 to be paid to the Mitchells, on or before September 1, 2004, by check issued by the State Treasurer on warrant of the Comptroller.