Senate Bill No. 503
(By Senators Fanning, Kessler, Foster, Bailey, Wells, White,
Plymale and McKenzie)
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[Introduced January 30, 2008; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §22-1-6 of the Code of West Virginia,
1931, as amended, relating to authorizing the Secretary of the
Department of Environmental Protection to require solid waste
facility permit applicants and specified others connected with
applicants and permittees to furnish fingerprints for the
purpose of conducting state and federal criminal history
checks.
Be it enacted by the Legislature of West Virginia:
That §22-1-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
§22-1-6. Secretary of the Department of Environmental Protection.
(a) The secretary is the chief executive officer of the
division department. Subject to section seven of this article and other provisions of law, the secretary shall organize the
department into such offices, sections, agencies and other units of
activity as may be found by the secretary to be desirable for the
orderly, efficient and economical administration of the department
and for the accomplishment of its objects and purposes. The
secretary may appoint a deputy secretary, chief of staff,
assistants, hearing officers, clerks, stenographers and other
officers, technical personnel and employees needed for the
operation of the department and may prescribe their powers and
duties and fix their compensation within amounts appropriated.
(b) The secretary has the power to and may designate
supervisory officers or other officers or employees of the
department to substitute for him or her on any board or commission
established under this code or to sit in his or her place in any
hearings, appeals, meetings or other activities with such
substitute having the same powers, duties, authority and
responsibility as the secretary. The secretary has the power to
delegate, as he or she considers appropriate, to supervisory
officers or other officers or employees of the department his or
her powers, duties, authority and responsibility relating to
issuing permits, hiring and training inspectors and other employees
of the department, conducting hearings and appeals and such other
duties and functions set forth in this chapter or elsewhere in this
code.
(c) The secretary has responsibility for the conduct of the intergovernmental relations of the department, including assuring:
(1) That the department carries out its functions in a manner
which supplements and complements the environmental policies,
programs and procedures of the federal government, other state
governments and other instrumentalities of this state; and
(2) That appropriate officers and employees of the
division
department consult with individuals responsible for making policy
relating to environmental issues in the federal government, other
state governments and other instrumentalities of this state
concerning differences over environmental policies, programs and
procedures and concerning the impact of statutory law and rules
upon the environment of this state.
(d) In addition to other powers, duties and responsibilities
granted and assigned to the secretary by this chapter, the
secretary is
hereby authorized and empowered to:
(1) Sign and execute in the name of the state by the
"Department of Environmental Protection" any contract or agreement
with the federal government or its departments or agencies,
subdivisions of the state, corporations, associations, partnerships
or individuals:
Provided, That the powers granted to the secretary
to enter into agreements or contracts and to make expenditures and
obligations of public funds under this subdivision may not exceed
or be interpreted as authority to exceed the powers granted by the
Legislature to the various commissioners, directors or board
members of the various departments, agencies or boards that comprise and are incorporated into each secretary's department
pursuant to the provisions of chapter five-f of this code;
(2) Conduct research in improved environmental protection
methods and disseminate information to the citizens of this state;
(3) Enter private lands to make surveys and inspections for
environmental protection purposes; to investigate for violations of
statutes or rules which the
division department is charged with
enforcing; to serve and execute warrants and processes; to make
arrests; issue orders, which for the purposes of this chapter
include consent agreements; and to otherwise enforce the statutes
or rules which the
division department is charged with enforcing;
(4) Require any applicant for a permit to install, establish,
modify, operate or close a solid waste facility, or any other
person whose police record may be examined pursuant to section
five, article fifteen of this chapter, to furnish his or her
fingerprints, and to use the fingerprints furnished to conduct a
criminal records check through the Criminal Identification Bureau
of the West Virginia State Police and a national criminal history
check through the Federal Bureau of Investigation. The results of
the checks shall be provided to the secretary.
(4) (5) Acquire for the state in the name of the "Department
of Environmental Protection" by purchase, condemnation, lease or
agreement, or accept or reject for the state, in the name of the
Department of Environmental Protection, gifts, donations,
contributions, bequests or devises of money, security or property, both real and personal, and any interest in property;
(5) (6) Provide for workshops, training programs and other
educational programs, apart from or in cooperation with other
governmental agencies, necessary to ensure adequate standards of
public service in the department. The secretary may provide for
technical training and specialized instruction of any employee.
Approved educational programs, training and instruction time may be
compensated for as a part of regular employment. The secretary is
authorized to pay out of federal or state funds, or both, as such
funds are available, fees and expenses incidental to
such the
educational programs, training and instruction. Eligibility for
participation by employees
will shall be in accordance with
guidelines established by the secretary;
(6) (7) Issue certifications required under 33 U. S. C. §1341
of the federal Clean Water Act and enter into agreements in
accordance with the provisions of section seven-a, article eleven
of this chapter. Prior to issuing any certification the secretary
shall solicit from the Division of Natural Resources reports and
comments concerning the possible certification. The Division of
Natural Resources shall direct the reports and comments to the
secretary for consideration; and
(7) (8) Notwithstanding any provisions of this code to the
contrary, employ in-house counsel to perform all legal services for
the secretary and the department, including, but not limited to,
representing the secretary, any chief, the department or any office thereof in any administrative proceeding or in any proceeding in
any state or federal court. Additionally, the secretary may call
upon the Attorney General for legal assistance and representation
as provided by law.
(e) The secretary shall be appointed by the Governor, by and
with the advice and consent of the Senate, and serves at the will
and pleasure of the Governor.
(f) At the time of his or her initial appointment, the
secretary must be at least thirty years old and
must shall be
selected with special reference and consideration given to his or
her administrative experience and ability, to his or her
demonstrated interest in the effective and responsible regulation
of the energy industry and the conservation and wise use of natural
resources. The secretary must have at least a bachelor's degree in
a related field and at least three years of experience in a
position of responsible charge in at least one discipline relating
to the duties and responsibilities for which the secretary will be
responsible upon assumption of the office. The secretary may not
be a candidate for or hold any other public office, may not be a
member of any political party committee and shall immediately
forfeit and vacate his or her office as secretary in the event he
or she becomes a candidate for or accepts appointment to any other
public office or political party committee.
(g) The secretary shall receive an annual salary as provided
in section two-a, article seven, chapter six of this code and
will be is allowed and
shall be paid necessary expenses incident to the
performance of his or her official duties. Prior to the assumption
of the duties of his or her office, the secretary shall take and
subscribe to the oath required of public officers prescribed by
section five, article IV of the Constitution of West Virginia and
shall execute a bond, with surety approved by the Governor, in the
penal sum of ten thousand dollars, which executed oath and bond
will be filed in the Office of the Secretary of State. Premiums on
the bond
will shall be paid from the department funds.
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(NOTE: The purpose of this bill is to authorize the Secretary
of the Department of Environmental Protection to require solid
waste facility permit applicants and specified others connected
with applicants and permittees to furnish fingerprints for the
purpose of conducting state and federal criminal history checks.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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