WEST VIRGINIA LEGISLATURE

2023 REGULAR SESSION

Introduced

Senate Bill 202

By Senators Hamilton and Woelfel

[Introduced January 13, 2023; referred
to the Committee on Agriculture and Natural Resources]

A BILL to amend and reenact §20-1-4 of the Code of West Virginia, 1931, as amended, relating to increasing the appointment term of the director for the Division of Natural Resources from four to seven years.

Be it enacted by the Legislature of West Virginia:

article  1.  Organization and administration.

§20-1-4. Director to be chief executive officer; appointment, term and qualifications; vacancy; removal.

The director shall be the chief executive officer of the department. Subject to provisions of law, he or she shall organize the department into such offices, divisions, agencies and other units of activity as may be found by him or her necessary and desirable in the orderly, efficient and economical administration of the department for the accomplishment of its objects and purposes.

The director shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall continue to serve until his or her successor is appointed and qualified as provided. On or before July 1, 1961, the Governor shall appoint the director for a term ending on December 31, 1962. Upon the expiration of such term, the Governor shall appoint the director for a term of four seven years commencing on January 1, 1963, and, upon the expiration thereof, for successive terms of four seven years each next thereafter. A vacancy occurring in the office during any term thereof shall be filled by appointment as herein provided for the remainder of such term.

The director may be removed from office by the Governor for cause as provided in the Constitution. At the time of his or her initial appointment, he or she shall be at least thirty years old and shall be selected with special reference and consideration given to his or her training, experience, capacity and interest in the natural resources program as herein embraced. He or she shall not be a candidate for or hold any other public office, shall not be a member of any political party committee, and shall immediately forfeit and vacate his or her office as director in the event he or she becomes a candidate for or accepts appointment to any other public office or political party committee.

NOTE: The purpose of this bill is to increase the appointment term of the director for the Division of Natural Resources from four to seven years.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.