H. B. 2735
(By Delegates Martin, Argento, Eldridge and Shaver)
[Introduced February 23, 2009; referred to the
Committee on Agriculture then Government Organization.]
A BILL to amend and reenact §19-21A-4 and §19-21A-6 of the Code of
West Virginia, 1931, as amended,
all relating to the State
Conservation Committee.
Be it enacted by the Legislature of West Virginia:
That §19-21A-4 and §19-21A-6 of the Code of West Virginia,
1931, as amended, be amended and reenacted
, all to read as follows:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-4. State Conservation Committee; continuation.
(a) The State Conservation Committee is continued. It serves
as an agency of the state and is to perform the functions conferred
upon it in this article. Effective July 1, 2009, the committee
consists of the following ten members:
(1) Four citizen members;
(2) The following ex officio members: or His or her designee:
(A) The State Commissioner of Agriculture, who is the chairperson of the committee;
(A) (B) The Director of the State Cooperative Extension
Service; and
(B) (C) The Director of the State Agricultural and Forestry
Experiment Station.
(C) (D) The Secretary of the Department of Environmental
Protection;
(D) (E) The State Commissioner of Agriculture, who is the
chairperson of the committee; and
(E) (F) The Director of the Division of Forestry; and
(F) (G) The President of the West Virginia Association of
Conservation Districts.
(b) The Governor shall appoint, by and with the consent of the
Senate, the four citizen members. Members shall be appointed for
four-year terms, which are staggered in accordance with the initial
appointments under prior enactment of this section. In the event
of a vacancy, the appointment is for the unexpired term. All
committee members must attend at least seventy-five percent of all
meetings.
(c) The committee may invite the Secretary of Agriculture of
the United States of America to appoint one person to serve with
the committee as an advisory member.
(d) The committee shall keep a record of its official actions,
shall adopt a seal, which shall be judicially noticed and may perform those acts, hold public hearings and adopt or propose for
legislative approval rules necessary for the execution of its
functions under this article.
(e) The State Conservation Committee may shall employ an
administrative office director, that is appointed by the
Agriculture Commissioner. The State Conservation Committee may
employ technical experts and other agents and employees, permanent
and temporary, as it requires. The administrative officer director
and support staff shall be known as the West Virginia Conservation
Agency. The committee shall determine their qualifications, duties
and compensation. The committee may call upon the Attorney General
of the state for legal services it requires. It may delegate to
its chairperson, to one or more of its members, or to one or more
agents or employees powers and duties it considers proper. The
committee may secure necessary and suitable office accommodations
and the necessary supplies and equipment. Upon request of the
committee, for the purpose of carrying out any of its functions,
the supervising officer of any state agency or of any state
institution of learning shall, insofar as may be possible, under
available appropriations and having due regard to the needs of the
agency to which the request is directed, assign or detail to the
committee, members of the staff or personnel of the agency or
institution of learning and make special reports, surveys or
studies required by the committee.
(f) A member of the committee holds office so long as he or
she retains the office by virtue of which he or she is serving on
the committee. A majority of the committee is a quorum and the
concurrence of a majority in any matter within their duties is
required for its determination. The chairperson and members of the
committee may receive no compensation for their services on the
committee, but are entitled to reimbursement of expenses, including
traveling expenses necessarily incurred in the discharge of their
duties on the committee. The committee shall:
(1) Require the execution of surety bonds for all employees
and officers who are entrusted with funds or property;
(2) Provide for the keeping of a full and accurate public
record of all proceedings and of all resolutions, rules and orders
issued or adopted; and
(3) Provide for an annual audit of the accounts of receipts
and disbursements.
(g) In addition to other duties and powers conferred upon the
State Conservation Committee, it may:
(1) Offer appropriate assistance to the supervisors of
conservation districts, organized as provided in this article, in
the carrying out of any of their powers and programs;
(2) Keep the supervisors of each of the several districts,
organized under the provisions of this article, informed of the
activities and experience of all other districts organized under this article and facilitate an interchange of advice and experience
between the districts and cooperation between them;
(3) Coordinate the programs of the several conservation
districts so far as this may be done by advice and consultation;
(4) Secure the cooperation and assistance of the United States
and any of its agencies and of agencies of this state in the work
of the districts;
(5) Disseminate information throughout the state concerning
the activities and programs of the conservation districts and
encourage the formation of the districts in areas where their
organization is desirable;
(6) Accept and receive donations, gifts, contributions, grants
and appropriations in money, services, materials or otherwise from
the United States or any of its agencies, from the State of West
Virginia or from other sources and use or expend the money,
services, materials or other contributions in carrying out the
policy and provisions of this article, including the right to
allocate the money, services or materials in part to the various
conservation districts created by this article in order to assist
them in carrying on their operations; and
(7) Obtain options upon and acquire by purchase, exchange,
lease, gift, grant, bequest, devise or otherwise any property, real
or personal, or rights or interests in the property; maintain,
administer, operate and improve any properties acquired; receive and retain income from the property and to expend the income as
required for operation, maintenance, administration or improvement
of the properties or in otherwise carrying out the purposes and
provisions of this article; and sell, lease or otherwise dispose of
any of its property or interests in the property in furtherance of
the purposes and the provisions of this article. Money received
from the sale of land acquired in the small watershed program shall
be deposited in the special account of the State Conservation
Committee and expended as provided in this article.
(8) To promulgate emergency and legislative rules to
effectuate the provisions of this article as amended and reenacted
by the Legislature during the regular session of the Legislature in
the year 2005.
(9) Upon a Governor's proclamation declaring a state of
emergency or federal disaster declaration, the state committee, its
employees or agents may enter any water of the state for the
purpose of removing debris and other obstruction which impede water
flow and present additional flood hazards. The agency shall make
reasonable efforts to secure the permission of the landowner before
entering any private property in connection with these removal
activities. The exercise of this limited authority does not
constitute taking of private property or trespass. This authority
shall continue for the duration of the Governor's proclamation or
the federal disaster declaration.
(10) The State Conservation Committee is continued until the
first day of July, two thousand twelve, pursuant to the provisions
of article four, chapter ten of the Code of West Virginia, unless
sooner terminated, continued or reestablished pursuant to the
provisions of that article.
(10) Hire an Auditor who shall annually audit each
conservation district. The result of the audit shall be posted on
the committee's web site.
(11) Hire an independent Auditor every three years to review
and confirm each conservation district's audits.
§19-21A-6. Election of supervisors for each district; filling
vacancies.
(a) Beginning with the 2008 general election, each county in
a district shall elect, two nonpartisan supervisors
: Provided,
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 shall own land in the district
and have the education, training or experience necessary to carry
out the duties required by this article and rules promulgated
thereunder. A candidate shall file with the committee a sworn written statement specifying that he or she meets the requirements
of office. A candidate may not be placed on the ballot or be
seated as a supervisor unless he or she meets the requirements.
(c) The committee shall provide a list of qualified candidates
to the Secretary of State no less than ninety days prior to any
election for supervisor.
in the manner specified by the Secretary
(d) No nominating petition may be accepted by the committee
unless it is subscribed by twenty-five or more owners of lands
lying within the boundaries of the district and within the
boundaries of the county in which the candidate resides.
Landowners in the district may sign more than one nominating
petition to nominate more than one candidate for supervisor.
(e) (d) 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.
(f) (e) Supervisors shall be elected in the general election
to be conducted in the year 2008 as nonpartisan candidates.
Thereafter, 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 shall be
for four years; the candidate for supervisor receiving the second
highest number of votes in the general election of 2008 shall be for 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 shall serve for four years
and the remaining supervisor or supervisors shall serve for two
years. Subsequent terms of office for supervisors elected
thereafter shall be for four years. The provisions of chapter
three of this code
shall apply applies to election of supervisors.
(g) (f) Persons currently holding the position of supervisor
shall, regardless of the expiration of the currently designated
term of office, continue to serve until the election and
qualification of his or her successor.
(h) (g) 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 shall hold
office until the expiration of the term. If the unexpired term is
for more than two years and two months, the appointed person shall
hold the office until a successor is elected in the next primary or
general election and qualified.
NOTE: The purpose of this bill is to change the membership of
the State Conservation Committee, staffing and auditing
requirements.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.