Senate Bill No. 250

(By Senators Trump, Blair, Carmichael, M. Hall, Leonhardt, Miller, Snyder, Unger, Williams and Plymale)

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[Introduced January 16, 2015; referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §19-21A-4a of the Code of West Virginia, 1931, as amended, relating to the administration of the West Virginia Conservation Agency programs; providing that conservation district supervisors have their applications to participate in West Virginia Conservation Agency financial assistance programs evaluated and approved or rejected by the West Virginia Conservation Agency; prohibiting conservation district supervisor from voting for authorization, approval or ratification of a contract in which he or she or an immediate family member is beneficially interested; and requiring State Conservation Committee to propose rules for legislative approval.

Be it enacted by the Legislature of West Virginia:

            That §19-21A-4a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 21A. CONSERVATION DISTRICTS.

§19-21A-4a. Administration of West Virginia Conservation Agency programs; legislative rules.

            (a) If an elected a conservation district supervisor applies or intends to apply to participate in a West Virginia Conservation Agency financial assistance program, then all applications his or her application for that particular program in that particular district shall be evaluated and approved by a conservation district other than the one being supervised by the elected conservation district supervisor for approval or denial by the West Virginia Conservation Agency.

            (b) A conservation district supervisor may not vote for the authorization, approval or ratification of a contract in which he or she or an immediate family member is beneficially interested.

            (c) The State Conservation Committee shall propose rules for legislative approval pursuant to article three, chapter twenty-nine-a of this code to establish:

            (1) The criteria, ranking and standards required for an applicant to qualify to participate in West Virginia Conservation Agency programs;

            (2) A process to disclose the recipients of the award; and

            (3) The process for an unsuccessful qualified applicant to appeal an award.

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            (NOTE: The purpose of this bill is to provide that conservation district supervisors have their applications to participate in West Virginia Conservation Agency financial assistance programs evaluated and approved or rejected by the West Virginia Conservation Agency. It also prohibits a conservation district supervisor from voting for the authorization, approval or ratification of a contract in which he or she or an immediate family member is beneficially interested.

            Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)