COMMITTEE SUBSTITUTE
FOR
H. B. 4516
(By Delegates Boggs, Michael, Kominar and Evans)
(Originating in the Committee on Finance)
[February
27, 2004]
A BILL to
amend and reenact §19-21A-4 and §19-21A-7 of the code of
West Virginia, 1931, as amended, all relating to the state
conservation committee and conservation districts; adding a
member to the committee; designating the committee's
supporting staff as the West Virginia conservation agency; and
increasing the per diem rate for conservation supervisors.
Be it enacted by the Legislature of West Virginia:
That §19-21A-4 and §19-21A-7 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
is to
serve serves as an agency of the state and
is to perform the
functions conferred upon it in this article. The committee
shall
consist of nine consists of ten members. The following
shall
serve, ex officio, as members of the committee: The director of the state cooperative extension service; the director of the state
agricultural
and forestry experiment station; the
director
secretary of the
division department of environmental protection;
the state commissioner of agriculture, who
shall be chairman is the
chairperson of the committee;
and the director of the division of
forestry
and the president of the West Virginia association of
conservation districts.
The governor shall appoint as additional members of the
committee four representative citizens. Members will be appointed
for four-year terms, which are staggered in accordance with the
initial appointments under prior enactment of this act. In the
event of a vacancy, appointment
shall be is for the unexpired term.
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.
The committee shall keep a record of its official actions,
shall adopt a seal, which seal shall be judicially noticed, and may
perform such acts, hold
such public hearings and
promulgate such
adopt or propose for legislative approval rules as may be necessary
for the execution of its functions under this article.
(b) The state conservation committee may employ an
administrative officer and
such technical experts and
such other
agents and employees, permanent and temporary, as it may require,
and all to 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
such legal services as it may require. It
shall have
has authority to delegate to its
chairman chairperson, to one or
more of its members, or to one or more agents or employees,
such
powers and duties as it
may deem considers proper. The committee
is empowered to 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
such the agency or
institution of learning and make
such special reports, surveys or
studies as the committee may request.
(c) A member of the committee
shall hold holds office so long
as he or she
shall retain retains the office by virtue of which he
or she
shall be is serving on the committee. A majority of the
committee
shall constitute is a quorum and the concurrence of a
majority in any matter within their duties
shall be is required for
its determination. The
chairman chairperson and members of the
committee
shall may receive no compensation for their services on
the committee but
shall be are entitled to
reimbursement of
expenses, including traveling expenses necessarily incurred in the
discharge of their duties on the committee. The committee shall
provide for require the execution of surety bonds for all employees
and officers who
shall be are entrusted with funds or property; shall 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 shall provide for an annual audit of the accounts
of receipts and disbursements.
(d) In addition to
the other duties and powers
hereinafter
conferred upon the state conservation committee, it
shall have has
the following duties and powers:
(1) To offer
such assistance as may be appropriate to the
supervisors of conservation districts, organized as provided
hereinafter in this article, in the carrying out of any of their
powers and programs.
(2) To 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
hereunder and to facilitate an interchange of advice and experience
between
such the districts and cooperation between them;
(3) To coordinate the programs of the several conservation
districts
organized hereunder so far as this may be done by advice
and consultation;
(4) To secure the cooperation and assistance of the United
States and any of its agencies and of agencies of this state in the
work of
such the districts;
(5) To disseminate information throughout the state concerning
the activities and programs of the conservation districts
organized
hereunder and to encourage the formation of
such the districts in
areas where their organization is desirable;
(6) To 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 to use or expend
such the money, services, materials or other contributions in
carrying out the policy and provisions of this article, including
the right to allocate
such 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) To obtain options upon and to acquire by purchase,
exchange, lease, gift, grant, bequest, devise or otherwise any
property, real or personal or rights or interests
therein in the
property; to maintain, administer, operate and improve any
properties acquired; to receive and retain income from
such the
property and to expend
such the income as required for operation,
maintenance, administration or improvement of
such the properties
or in otherwise carrying out the purposes and provisions of this
article; and to sell, lease or otherwise dispose of any of its
property or interests
therein 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
herein provided
in this article.
§19-21A-7. Supervisors to constitute governing body of district;
qualifications and terms of supervisors; powers and
duties.
The governing body of the district
shall consist consists of
the supervisors, appointed or elected, as provided in this article.
The two supervisors appointed by the committee
shall are required
to be persons who are by training and experience qualified to
perform the specialized skilled services which
will be are required
of them in the performance of their duties under this section and
must are required to be legal residents and landowners
of in the
district.
The supervisors shall designate a
chairman chairperson and
may, from time to time, change the designation. The term of office
of each supervisor is three years. A supervisor
shall hold holds
office until his or her successor has been elected or appointed.
In case a new county or portion of a county is added to a district,
the committee may appoint a supervisor to represent it until
such
time as the next regular election of supervisors for the district
takes place. In case a vacancy occurs among the elected
supervisors of a district the committee shall appoint a successor
from the same county to fill the unexpired term. The appointment
shall be made from a name or list of names submitted by local farm
organizations and agencies. When any county or portion of a county
lying within the boundaries of a district has in effect eight
hundred or more signed agreements of cooperation with occupiers of
land located within the county, then at the next regular election
of supervisors the land occupiers within the county or portion of
the county are entitled to elect two supervisors to represent the
county instead of one for the term and in the manner prescribed in this section. A majority of the supervisors constitutes a quorum
and the concurrence of a majority in any matter within their duties
shall be is required for its determination. A supervisor is
entitled to expenses and a per diem not to exceed
twenty thirty
dollars when engaged in the performance of his or her duties.
The supervisors may, with the approval of the state committee,
employ a secretary, technical experts and any other officers,
agents and employees, permanent and temporary, as they may require
and shall determine their qualifications, duties and compensation.
The supervisors may delegate to their
chairman chairperson, to one
or more supervisors or to one or more agents, or employees, those
administrative powers and duties they consider proper. The
supervisors shall furnish to the state conservation committee, upon
request, copies of the ordinances, rules, regulations, orders,
contracts, forms and other documents they adopt or employ and any
other information concerning their activities as it may require in
the performance of its duties under this article.
The supervisors shall
provide for require the execution of
surety bonds for all employees and officers who
shall be are
entrusted with funds or property; shall provide for the keeping of
a full and accurate record of all proceedings and of all
resolutions,
regulations rules and orders issued or adopted; and
shall provide for an annual audit of the accounts of receipts and
disbursements. Any supervisor may be removed by the state
conservation committee upon notice and hearing for neglect of duty
or malfeasance in office, but for no other reason.
The supervisors may invite the legislative body of any
municipality or county located near the territory comprised within
the district to designate a representative to advise and consult
with the supervisors of a district on all questions of program and
policy which may affect the property, water supply or other
interests of the municipality or county.
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