Senate Bill No. 445
(By Senators Kessler and Williams)
[Passed April 11, 2009; in effect ninety days from passage.]
AN ACT to amend and reenact §19-21A-6 of the Code of West Virginia,
1931, as amended, relating to removing the certification
requirements for election of conservation supervisors.
Be it enacted by the Legislature of West Virginia:
That §19-21A-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-6. Election of supervisors for each district; filling
(a) Each county in a district shall elect two nonpartisan
That any county with a population of one
hundred thousand based on the most recent decennial census shall
elect one additional supervisor and any county with a population
over one hundred thousand based on the most recent decennial census
shall elect one additional supervisor for each fifty thousand
residents over one hundred thousand.
(b) A candidate for supervisor must be a landowner and an
active farmer with a minimum of five years' experience or a retired
farmer who has had a minimum of five years' experience and must
have the education, training and experience necessary to carry out
the duties required by this article. The State Conservation
Committee shall propose for promulgation in accordance with the
requirements of article three-a, chapter twenty-nine of this code
legislative rules to establish criteria for the necessary
education, training and experience.
(c) All registered voters in the district are eligible to vote
in the election for candidates from the county within the
boundaries of the district in which the voter resides. The
candidates in each county who receive the largest number of votes
cast in the election shall be elected supervisors for that county.
(d) Supervisors shall be elected in the general election to be
conducted in the year 2008 as nonpartisan candidates. After that,
supervisors shall be elected in the primary election. The term of
office for the candidate for supervisor receiving the highest
number of votes in the general election of 2008 is four years; the
candidate for supervisor receiving the second highest number of
votes in the general election of 2008 is two years. In counties
where more than two supervisors are elected in the general election
of 2008, the two supervisors receiving the highest number of votes
serve for four years and the remaining supervisor or supervisors serve for two years. Terms of office for supervisors elected after
that are four years. The provisions of chapter three of this code
apply to election of supervisors.
(e) Persons holding the position of supervisor, regardless of
the expiration of the designated term of office, continue to serve
until the election and qualification of his or her successor.
(f) Any vacancy occurring in the office of supervisor shall be
filled by the committee by appointment of a person from the county
in which the vacancy occurs. Within fifteen days after the vacancy
occurs, the district shall submit a list of names of persons
qualified to be a supervisor. If the unexpired term is for less
than two years and two months, the appointed person holds office
until the expiration of the term. If the unexpired term is for
more than two years and two months, the appointed person holds the
office until a successor is elected in the next primary or general
election and qualified.