HB5364 SFA Morris #1 3-8
Fletcher 7835
Senator Morris moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
(a) The Public Land Corporation, heretofore created and established as a unit of the Division of Natural Resources, is hereby and previously continued and established as a unit of the Real Estate Division of the Department of Administration, is hereby eliminated. The property belonging to the Public Land Corporation upon the effective date of its elimination shall be transferred to the Division of Natural Resources of the Department of Commerce.
(b) The corporation is a public benefit corporation and an instrumentality of the state and may sue or be sued, contract and be contracted with, plead and be impleaded, have and use a common seal.
(c) The corporation is vested with The Division of Natural Resources of the Department of Commerce shall be forthwith vested with:
(1) The title of the State of West Virginia in public lands, the title to which now is or may hereafter become vested in the State of West Virginia by reason of any law governing the title of lands of the state: Provided, That those lands for which title is specifically vested by law in other state agencies, institutions, and departments shall continue to be vested in such state agencies, institutions, and departments;
(2) The State of West Virginia’s interest in the rivers, streams, creeks, or beds thereof; or
(3) All other public lands managed or acquired by the Division of Natural Resources pursuant to §20-1-1 et seq. of this code.
(c) All property vested with the Division of Natural Resources shall be for the use and enjoyment of the citizens of the state. When appropriate, the Division of Natural Resources should collaborate with the Secretary of Tourism to determine the best use for the public property.
(d) The powers and duties of the Director of the Division of Natural Resources, as set forth in §20-1-7 of this code, shall apply to all public property vested with the Division of Natural Resources, without distinction.
(d) The provisions of this article do not apply to:
(1) The State of West Virginia's interest in the rivers, streams, creeks or beds thereof and all other public lands managed or acquired by the Division of Natural Resources pursuant to the provisions of section seven, article one, chapter twenty of this code and section two, article five, chapter twenty of this code, the title to all of which shall collectively be transferred to and vested in the Division of Natural Resources for the use and enjoyment of the citizens of the state; or
(2) Public lands acquired by the Division of Forestry pursuant to article one-a, chapter nineteen of this code.
[Repealed.]
(a) The corporation is hereby authorized and empowered to:
(1) Acquire from any persons or the State Auditor or any local, state or federal agency, by purchase, lease or other agreement, any lands necessary and required for public use;
(2) Acquire by purchase, condemnation, lease or agreement, receive by gifts and devises or exchange, rights-of-way, easements, waters and minerals suitable for public use;
(3) Sell or exchange public lands where it is determined that the sale or exchange of such tract meets any or all of the following disposal criteria:
(A) The tract was acquired for a specific purpose and the tract is no longer required for that or any other state purpose;
(B) Disposal of the tract serves important public objectives including, but not limited to, expansion of communities and economic development which cannot be achieved on lands other than public lands and which clearly outweigh other public objectives and values including, but not limited to, recreation and scenic values which would be served by maintaining the tract in state ownership; or
(C) The tract, because of its location or other characteristics, is difficult and uneconomic to manage as part of the public lands and is not suitable for management by another state department or agency.
(4) Sell, purchase or exchange lands or stumpage for the purpose of consolidating lands under state or federal government administration subject to the disposal criteria specified in subdivision (3) of this subsection;
(5) Negotiate and effect loans or grants from the government of the United States or any agency thereof for acquisition and development of lands as may be authorized by law to be acquired for public use;
(6) Expend the income from the use and development of public lands for the following purposes:
(A) Liquidate obligations incurred in the acquisition, development and administration of lands, until all obligations have been fully discharged;
(B) Purchase, develop, restore and preserve for public use, sites, structures, objects and documents of prehistoric, historical, archaeological, recreational, architectural and cultural significance to the State of West Virginia; and
(C) Obtain grants or matching moneys available from the government of the United States or any of its instrumentalities for prehistoric, historic, archaeological, recreational, architectural and cultural purposes.
(7) Designate lands, to which it has title, for development and administration for the public use including recreation, wildlife stock grazing, agricultural rehabilitation and homesteading or other conservation activities;
(8) Enter into leases as a lessor for the development and extraction of minerals, including coal, oil, gas, sand or gravel except as otherwise circumscribed herein: Provided, That leases for the development and extraction of minerals shall be made in accordance with the provisions of sections five and six of this article. The corporation shall reserve title and ownership to the mineral rights in all cases;
(9) Convey, assign or allot lands to the title or custody of proper departments or other agencies of state government for administration and control within the functions of departments or other agencies as provided by law;
(10) Make proper lands available for the purpose of cooperating with the government of the United States in the relief of unemployment and hardship or for any other public purpose.
(b)(a) There is hereby continued in the state State Treasury a special Public Land Corporation Fund into which shall be paid all proceeds from public land sales, and exchanges, and rents, royalties, and other payments from mineral leases. The Division of Natural Resources may acquire public lands from use of the payments made to the fund, along with any interest accruing to the fund. The Public Land Corporation Fund may be used for the benefit, administration, maintenance, or use of any property owned or managed by the Public Land Corporation as of January 1, 2026. The Public Land Corporation Fund shall be administered by the Director of the Division of Natural Resources.
(1) Provided, That All royalties and payments derived from rivers, streams, or public lands acquired or managed by the Division of Natural Resources pursuant to section seven, article one, chapter twenty §20-1-7 and section two, article five, chapter twenty §20-5-2 of this code shall be retained by the Division of Natural Resources. Provided, however, That
(2) All proceeds, rents, royalties, and other payments from land sales, exchanges, and mineral rights leasing for public lands owned, managed, or controlled by the Adjutant General's Department will be retained in a fund managed by the Adjutant General in accordance with §15-6-1 et seq. of the code. Provided further, That
(3) All free gas, sand, gravel, or other natural resources derived from a lease or contract made pursuant to this article will be used to benefit the state agencies, institutions, or departments located on the affected public lands, or for which the corporation was acting or to benefit any state agencies, institutions, or departments having adjacent property. The corporation may acquire public lands from use of the payments made to the fund, along with any interest accruing to the fund.
(4) Notwithstanding any provision of this section to the contrary, royalties received from the leasing of state-owned gas, oil, and other mineral rights beneath the Ohio River and its tributaries are to be deposited into the West Virginia Parks and Recreation Endowment Fund and expended in accordance with the provisions of §20-5A-1 of this code.
(b) The corporation Division of Natural Resources shall report annually, just prior to the beginning of the regular session of the Legislature, to the finance standing committees on Finance of both houses of the Legislature on the financial condition of the special fund. The corporation Division of Natural Resources shall report annually to the Legislature on its public land holdings, and all its leases, its financial condition, and its operations and shall make such recommendations to the Legislature concerning the acquisition, leasing, development, disposition, and use of public lands. The annual reports required by this subdivision do not have to be submitted as stand-alone reports and may be incorporated into any other report obligated by the Division of Natural Resources, which is due contemporaneously.
(c) All state agencies, institutions, divisions and departments shall make an inventory of the public lands of the state as may be by law specifically allocated to and used by each and provide to the corporation a list of such public lands and minerals, including their current use, intended use or best use to which lands and minerals may be put: Provided, That the Division of Highways need not provide the inventory of public lands allocated to and used by it, and the Division of Natural Resources need not provide the inventory of rivers, streams and public lands acquired or managed by it. The inventory shall identify those parcels of land which have no present or foreseeable useful purpose to the State of West Virginia. The inventory shall be submitted annually to the corporation by August 1. The corporation shall compile the inventory of all public lands and minerals and report annually to the Legislature by no later than January 1, on its public lands and minerals and the lands and minerals of the other agencies, institutions, divisions or departments of this state which are required to report their holdings to the corporation as set forth in this subsection, and its financial condition and its operations.
(d) Except as otherwise provided by law, when the corporation exercises its powers, the corporation will coordinate with other state agencies, institutions, and departments in order to develop and execute plans to utilize mineral rights which benefit their operations or the operations of any other state agencies, institutions, or departments.
[Repealed.]
[Repealed.]
[Repealed.]
To effectuate the transfer of the public property formerly maintained by the Public Land Corporation to Real Estate Division of the Department of Administration the Division of Natural Resources upon the effective date of this section in the year 2007 2026:
(1) Subject to the provisions of section one-d of this article, the Secretary of the Department of Administration or a designee and the Secretary of the Department of Commerce or a designee shall determine which employees, records, responsibilities, obligations, assets and property, of whatever kind and character, of the Public Land Corporation will be transferred to the Real Estate Division of the Department of Administration beginning the effective date of this section in the year 2007: Provided, That any title transferred to or vested in the Public Land Corporation, formerly existing under the provisions of article one-a, chapter twenty of this code, as of July 1, 2007, or which may hereafter become vested in the Public Land Corporation in accordance with the provisions of this article, shall continue to be vested in the Public Land Corporation.
(2) (1) All orders, determinations, rules, permits, grants, contracts, certificates, licenses, waivers, bonds, authorizations, and privileges which have been issued, made, granted, or allowed to become effective by the Governor, by any state department or agency, or official thereof, or by a court of competent jurisdiction, in the performance of functions which have been transferred to the Real Estate Division of the Department of Administration Division of Natural Resources and were in effect on the date the transfer occurred continue in effect, for the benefit of the department division, according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with the law by the Governor, the secretary of the Department of Administration Director of the Division of Natural Resources, or other authorized official, a court of competent jurisdiction, or by operation of law.
(3) (2) Any proceedings, including, but not limited to, notices of proposed rulemaking, in which the Public Land Corporation was an initiating or responding party are not affected by the transfer elimination of the Public Land Corporation to the Real Estate Division of the Department of Administration and the transfer of the public property to the Division of Natural Resources. Orders issued in any proceedings continue in effect until modified, terminated, superseded, or revoked by the Governor, the Secretary of Administration Director of the Division of Natural Resources, by a court of competent jurisdiction, or by operation of law. Nothing in this subdivision prohibits the discontinuance or modification of any proceeding under the same terms and conditions and to the same extent that a proceeding could have been discontinued or modified if the Public Land Corporation had not been transferred to the Real Estate Division of the Department of Administration eliminated. Transfer of the public property formerly vested with the Public Land Corporation does not affect suits commenced prior to the effective date of the transfer and all such suits and proceedings shall be had, appeals taken, and judgments rendered in the same manner and with like effect as if the transfer had not occurred, except that the Secretary of the Department of Administration Director of the Division of Natural Resources or other officer may, in an appropriate case, be substituted or added as a party.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
(a) The West Virginia Motorsport Committee is hereby created continued.
(b) The committee consists of 17 18 members, including its chairperson. appointed by the Governor The chairperson shall be selected by the committee from among its members. to serve at his or her will and pleasure. The committee members shall represent:
(1) Asphalt oval racing;
(2) Dirt drag racing;
(3) Dirt oval racing;
(4) Drag racing;
(5) Drift racing;
(6) Hill climb racing;
(7) Karting racing;
(8) Motor cross racing;
(9) Motorcycle road course racing;
(10) Mud racing;
(11) Off-road racing;
(12) Rallying racing;
(13) Rallycross racing;
(14) Road course racing;
(15) Time Trials racing; and
(16) Truck/Tractor pulls;
(17) Remote control racing; and
(18) Boat racing.
(c) The Secretary of the Department of Tourism and the Executive Director of the Division of Economic Development shall also serve on the committee, ex officio.
(d) The committee shall:
(1) Work with the existing facilities within the state to enhance existing motorsport racing;
(2) Develop a strategy that creates further opportunities, such as encouraging racing training schools, conducting special events, and encouraging special events and the construction of larger in-state racing facilities; and
(3) Seek opportunities to promote economic growth and manufacturing jobs related to motorsports.
(e) The committee shall hold regular meetings, at least quarterly, and conduct public hearings as it considers necessary.
(a) The West Virginia Uncrewed Aircraft Systems Advisory Council is hereby created within the Division of Economic Development.
(b) The council consists of the following nine members, including the chairperson:
(2) The following eight members shall be appointed by the Governor and serve at his or her will and pleasure:
(A) One member representing the Secretary of the Department of Transportation;
(B) One member from the Adjutant General’s Department;
(C) One member representing the uncrewed aircraft system industry with at least five years of experience operating an uncrewed aircraft;
(D) One member representing a national association of the uncrewed aerial vehicle industry;
(E) One member with experience managing a commercial services airport;
(F) One member representing business and industry, generally;
(G) One member representing academia; and
(H) One member representing the advanced air mobility industry developing human transit capabilities.
(3) Members of the council will receive no compensation but are entitled to reimbursement for mileage expenses while attending meetings of the committee to the extent that funds are available through the Division of Economic Development.
(c) (a) The council Director of the Division of Economic Development shall:
(1) Identify trends and technologies driving innovation in uncrewed aircraft systems;
(2) Develop comprehensive strategies, including, but not limited to, the promotion of research and development, education, economic growth, and jobs in the uncrewed aircraft system industry in West Virginia; public acceptance of the uncrewed aircraft system industry; business planning; air vehicle technology and manufacturing; and airspace management and national airspace system integration; and
(3) Develop recommended legislation addressing specific issues and in furtherance of the comprehensive strategies identified in subdivision (2) subsection (c) of this section.
(d) The council shall meet at least annually and may convene public meetings to gather information or receive public comments.
(e) The council shall report on the status of its duties, goals, accomplishments, and recommendations to the Legislature on at least an annual basis.
(b) In its annual report required by §5-1-20(a) of this code, the Secretary of Commerce shall include a progress report on the promotion of uncrewed aircraft systems, including accomplishments and recommendations to the Legislature.
(a) There is continued within the Department of Tourism an independent Tourism Advisory Council.
(b) The Tourism Advisory Council consists of the following 16 11 members:
(1) The Secretary of Commerce or his or her designee, ex officio;
(2) The Secretary of the Department The Director of the Department of Economic Development or his or her designee, ex officio;
(3) (2) The Secretary of Transportation or his or her designee, ex officio; and
(4) Twelve (3) Nine members appointed by the Governor, with the advice and consent of the Senate, representing participants in the state's tourism industry. Ten of the members shall be from the private sector, one shall be a director employed by a convention and visitors bureau and one shall be a member of a convention and visitors bureau. In making the appointments, the Governor may select from a list provided by the West Virginia Hospitality and Travel Association of qualified applicants. Of the 12 members so appointed, no fewer than five shall be from each congressional district within the state and shall be appointed to provide the broadest geographic distribution that is feasible;
(5) One member to be appointed by the Governor to represent public sector nonstate participants in the tourism industry within the state.
(c) Each member appointed by the Governor serves a staggered term of four years. Any member whose term has expired serves until his or her successor has been appointed. Any person appointed to fill a vacancy serves only for the unexpired term. Any member is eligible for reappointment. In case of a vacancy in the office of a member, the vacancy shall be filled by the Governor in the same manner as the original appointment.
(d) The chair of the Tourism Advisory Council shall be appointed by the Governor from members then serving on the commission, and serves at the will and pleasure of the Governor.
(e) The Tourism Advisory Council shall:
(1) Advise the secretary of the Department of Tourism in the development and implementation of the state's comprehensive tourism advertising, marketing, promotion, and development strategy; and
(2) Take all actions, in consultation with the secretary, necessary to settle, finalize, and conclude all outstanding advertising grants or other financial obligations of the Tourism Advisory Council respecting funds in the Tourism Promotion Fund previously approved, expended, or obligated by the Tourism Advisory Council as of the effective date of this article.
(f) Members of the Tourism Advisory Council are not entitled to compensation for services performed as members. Each member from the private sector is entitled to reimbursement for reasonable expenses incurred in the discharge of their official duties. All expenses incurred by members from the private sector shall be paid in a manner consistent with guidelines of the Travel Management Office of the Department of Administration and are payable solely from the funds of the Department of Tourism or from funds appropriated for that purpose by the Legislature. Liability or obligation is not incurred by the Department of Tourism beyond the extent to which moneys are available from funds of the authority or from the appropriations.
(g) Members shall meet at least quarterly as designated by the chair.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
The physician provider fee schedule, as adopted by the single state agency through recommendations by the board, becomes effective on January 1, 1992.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
The provider fee schedules as adopted by the single state agency through recommendations by each board become effective on January 1, 1992: Provided, That those fee schedules based upon fees that require prior approval of the health care financing administration are effective on the effective date approved by the health care financing administration: Provided, however, That for those fees subject to an established Medicare upper limit, the effective date is the first day of the month immediately succeeding the date the fees can be raised sufficiently to comply with section ten of this article.
(1) "Autism" means "autism" as that term is defined in §44-16-1 et seq. of this code.
(2) "Child with autism" means "child with autism" as that term is defined in §44-16-1 et seq. of this code.
(3) "Guardian" means "guardian" as that term is defined in §44-16-1 et seq. of this code.
(4) "Parent" means a "parent" as that term is defined in §44-16-1 et seq. of this code.
(5) "Qualified trust for a child with autism" means "qualified trust for a child with autism" as that term is defined in §44-16-1 et seq. of this code.
(c) If it appears upon audit or otherwise that any person or entity has taken the decreasing modification allowed under this section and was not entitled to take the decreasing modification, or has withdrawn funds from the qualified trust for a child with autism in a way not consistent with the requirements of §44-16-1 et seq. of this code, then an assessment shall be made and the income tax liability of the taxpayer shall be recomputed disallowing the decreasing modification so taken. Such assessment shall not be barred by any statute of limitations otherwise applicable to the tax imposed pursuant to this article. Amended returns shall be filed for any tax year for which the decreasing modification was improperly taken. Any additional taxes due under this chapter shall be remitted with the amended return or returns filed with the Tax Commissioner, along with interest, as provided in §11-10-17 and such other penalties and additions to tax as may be applicable pursuant to the provisions of §11-10-1 et seq. of this code.
(d) Married parents who qualify for the modification provided under this section and who file separate state tax returns shall each receive the modification provided in this section in an amount equal to the amount of contributions made by the parents into the trusts, not to exceed $1,000 each.
(e) Joint guardians who qualify for the modification provided under this section and who file separate state tax returns shall each receive the modification provided in this section, in an amount equal to the amount of contributions made by the guardians into the trust, not to exceed $1,000 each.
(f) In the event the parents or guardians of a child with autism, claiming the modification provided under this section, become divorced or legally separated, each party shall be allowed to claim the amount of unused carryforward modification that remains available under this section according to the terms of an agreed property settlement approved by the divorce court which specifically addresses the unused carryforward modification. In the event that no property settlement specifically addressing the unused carryforward modification exists relating to the divorce or legal separation, then any unused carryforward modification remaining at the time of the divorce or legal separation is granted shall be evenly divided between the parties.
(g) The Tax Commissioner may propose rules necessary to carry out the provisions of this section and to provide guidelines and requirements to ensure uniform administrative practices statewide to effect the intent of this section, all in accordance with the provisions of §29A-3-1 et seq. of this code.
[Repealed.]
[Repealed.]
[Repealed.]
(a) "Bureau" means the Bureau of Senior Services.
(b) "Care management" means the planning, arrangement for and coordination of appropriate community-based, in-home services and alternative living arrangements for the frail elderly, disabled, or terminally ill.
(c) "Care services" means housekeeping, personal care, chore, escort/transportation, meals, in-home nursing, day care and/or respite services.
(d) "Commissioner" means the commissioner Commissioner of the Bureau of Senior Services.
(e) "Community care" means a system of community-based, in-home services, and alternative living arrangements which provide a full range of preventive, maintenance, and restorative services for the frail elderly, disabled, or terminally ill.
(f) "Comprehensive assessment" means the assessment of needs, counseling in the development of a case plan, arrangements for services, and on-going monitoring of the frail elderly, disabled, or terminally ill.
(g) "Continuum of care" means a system of services which has a primary emphasis on in-home care and community service, and which includes services such as nursing, medical, transportation, and other health and social services available to an individual in an appropriate setting over an extended period of time.
(h) "Council" means the West Virginia council on aging.
(i) (h) "Disabled" for the purposes of this act means a person who has temporary or permanent impairments which require services within the continuum of care.
(j) (i) "Frail elderly" for the purposes of this act means any person sixty 60 years of age or older, with limitations which restrict the person's ability to perform the normal activities of daily living.
(k) (j) "Senior", "Elderly" or "Aging" means any person sixty 60 years of age or older as defined by the term "older individual" in the Older American's Act of 1965, as amended.
(l) (k) "Sliding fee scale" means a fee for services provided based on an individual client's ability to pay.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
The secretary Secretary of the Department of Human Services shall promulgate rules to carry out the provisions of this article. The Governor shall establish an advisory committee consisting of at least five individuals representing: An administrator of a small rural hospital; an administrator of a hospital having a disproportionate share of Medicaid or charity care; a registered professional nurse; a physician licensed in this state; and beneficiaries of the plan or plans. The majority of this advisory committee shall consist of health care providers. The purpose of the advisory committee is to advise and assist in the establishment of reasonable payment methods, schedule or schedules and rates. The advisory committee shall serve without compensation; however, the members thereof are entitled to reimbursement of their expenses. The policies and procedures of the rate schedule process setting forth the methodology for determination of rates, payments, and schedules are subject to the legislative rule-making procedures of chapter twenty-nine-a §29A-1-1 et seq. of this code. Provided, That emergency rules may be utilized: Provided, however, That the actual rates, payments and schedules themselves shall not be subject to chapter twenty-nine-a of this code The Secretary of the Department of Human Services may utilize emergency rules. The actual rates, payments, and schedules themselves shall not be subject to §29A-1-1 et seq. of this code, and may be instituted by the Secretary of the Department of Health as warranted.
[Repealed.]
[Repealed.]
As used in this article:
(a) "Director" means the director of the division of health "Commissioner" means the Commissioner of the Bureau of Public Health;
(b) "Engineering controls" means sharps prevention technology including, but not limited to, systems not using needles and needles with engineered sharps injury protection;
(c) "Facility" means every hospital licensed under the provisions of §16-5b-1 et seq. of this code; every nursing home licensed under the provisions of §16-5c-1 et seq. of this code; every local health department, every home health agency certified by the office of health facility licensure and certification, all hospitals and nursing homes operated by the state or any agency of the state, and all hospitals, nursing homes, local health departments, and home health agencies which are staffed, in whole or in part, by public employees;
(d) "Health care worker" means any person working in a facility;
(e) "Needleless system" means a device that does not utilize needles for the withdrawal of body fluids after initial venous or arterial access is established, the administration of medication or fluids, or any other procedure involving the potential for an exposure incident;
(f) "Needlestick injury" means the parenteral introduction into the body of a health care worker, during the performance of his or her duties, of blood or other potentially infectious material by a hollow-bore needle or sharp instrument, including, but not limited to, needles, lancets, scalpels, and contaminated broken glass; and
(g) "Sharps" means hollow-bore needles or sharp instruments, including, but not limited to, needles, lancets, and scalpels.
(a) On or before July 1, 2000, the director shall, with the advice and cooperation of the advisory committee established under this article, propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code requiring facilities, as a condition of licensure certification or operation, to minimize the risk of needlestick and sharps injuries to health care workers. In developing the rules the director shall take into consideration the most recent guidelines of the occupational safety and health administration that relate to prevention of needlestick and sharps injuries.
(b) The commissioner is authorized to promulgate legislative rules, pursuant to §29A-1-1 et seq. of this code. The rules shall should include, but not be limited to, the following provisions:
(1) A requirement that facilities utilize needleless systems or other engineering controls designed to prevent needlestick or sharps injuries, except in cases where the facility can demonstrate circumstances in which the technology does not promote employee or patient safety or interferes with a medical procedure. Those circumstances shall be specified by the facility and shall include, but not be limited to, circumstances where the technology is medically contraindicated or not more effective than alternative measures used by the facility to prevent exposure incidents: Provided, That no specific device may be mandated;
(2) A requirement that information concerning exposure incidents be recorded in a sharps injury log, to be kept within the facility and reported annually to the director commissioner. Information recorded in the log shall contain, at a minimum:
(A) The date and time of the exposure incident;
(B) The type and brand of sharp involved in the incident; and
(C) A description of the exposure incident which shall at a minimum include:
(i) The job classification of the exposed worker;
(ii) The department or work area where the exposure incident occurred;
(iii) The procedure that the exposed worker was performing at the time of the incident;
(iv) How the incident occurred;
(v) The body part involved in the exposure incident;
(vi) If the sharp had engineered sharps injury protection, whether the protective mechanism was activated and whether the injury occurred before the protective mechanism was activated, during activation of the mechanism or after activation of the mechanism, if applicable; and
(vii) Any suggestions by the injured employee as to whether or how protective mechanisms or work practice control could be utilized to prevent such injuries;
(3) A provision for maintaining a list of existing needleless systems and needles and sharps with engineered injury protections. The director commissioner shall make the list available to assist employers in complying with the requirements of the standards adopted in accordance with this article; and
(4) Any additional provisions consistent with the purposes of this article, including, but not limited to, training and educational requirements, measures to increase vaccinations, strategic placement of sharps containers as close to the work area as is practical, and increased use of protective equipment.
[Repealed.]
[Repealed.]
Not later than July 1, 2003, the commissioner shall, in consultation with the council created under section six of this article, propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a §29A-3-1 et seq. of this code to do all of the following:
(1) Implement the birth defects information system;
(2) Specify the types of congenital anomalies and abnormal conditions of newborns to be reported to the system under section two of this article;
(3) Establish reporting requirements for information concerning diagnosed congenital anomalies and abnormal conditions of newborns;
(4) Establish standards that are required to be met by persons or government entities that seek access to the system; and
(5) Establish a form for use by parents or legal guardians who seek to have information regarding their children removed from the system and a method of distributing the form to local boards of health and to physicians. The method of distribution must include making the form available on the Internet.
Prior to January 1, three years after the date a birth defects information system is implemented pursuant to this article, and by January 1, of each year after that, the commissioner shall prepare a report regarding the birth defects information system. The council created under section six of this article shall, not later than two years after the date a birth defects information system is implemented, specify the information the commissioner is to include in each report. The commissioner shall file the report with the Governor and the Joint Committee on Government and Finance. The commissioner shall include an update on the birth defects information system in the annual report the commissioner submits pursuant to §5-1-20(a) of this code.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
(a) Vehicular, public transportation, bicycle, and pedestrian modes are integral to the transportation system of this state. The Division of Highways may view all transportation improvements as opportunities to improve safety, access, and mobility for all travelers.
(b) All transportation projects receiving federal or state funds should strive to improve safety, access, and mobility for users of all ages and abilities, defined to include pedestrians, bicyclists, public transportation vehicles and their passengers, motorists, movers of commercial goods, persons with disabilities, older adults, and children.
(c) Accommodation of all users should be considered in the planning, design, construction, reconstruction, rehabilitation, maintenance, and operations of any state, county, or local transportation facilities receiving funds from the Division of Highways. The Division of Highways is encouraged to create a safe, comprehensive, integrated, and connected network to accommodate all users in a manner that is suitable to the rural, suburban, or urban context.
(d) The Division of Highways is encouraged to use the latest and best design standards as they apply to bicycle, pedestrian, transit, and highway facilities, which may include, but are not limited to, the latest editions of:
(1) A Policy on Geometric Design of Highways and Streets, from the American Association of State Highway and Transportation Officials;
(2) Designing Walkable Urban Thoroughfares: A Context Sensitive Approach: An ITE Recommended Practice, from the Institute of Transportation Engineers;
(3) Guide for the Development of Bicycle Facilities, from the American Association of State Highway and Transportation Officials;
(4) Guide for the Planning, Design, and Operation of Pedestrian Facilities, from the American Association of State Highway and Transportation Officials;
(5) Public Rights-of-Way Accessibility Guidelines, from the U. S. Access Board; and
(6) Other relevant federal, state or local guidance as appropriate.
(e) The Division of Highways may provide assistance to and coordinate with regional and local agencies in developing and implementing complementary complete streets policies. In the development of projects within municipal boundaries, the Division of Highways and municipality may share expertise in multimodal transportation planning.
(f) The Division of Highways is encouraged to modify its procedures, documents, training systems and performance measures in a timely manner to ensure the needs of all users of the transportation system are included in all phases of the projects. The Division of Highways is encouraged to create an implementation plan, including a schedule, and a regional and local government and public outreach plan. in consultation with the advisory board as outlined in section three of this article
(a) Accommodation of all users of a transportation facility need not be considered in the planning, designing, construction, reconstruction, rehabilitation, maintenance, or operations of any state, county, or local transportation facilities receiving funds from the Division of Highways if the commissioner determines that:
(1) Use of a transportation facility by pedestrians, bicyclists, or other users is prohibited by law;
(2) The cost of new accommodation would be disproportionate to the need or probable use;
(3) There is a demonstrated absence of future need as determined by factors such as current and future land use, current and projected user volumes, population density, and crash data;
(4) The time-sensitive or expedited nature of the project would be adversely affected; or
(5) The project has already moved beyond the initial planning stage at the time this article goes into effect.
(b) The commissioner is encouraged to consult local and regional plans and leaders, as appropriate, in assessing exceptions.
(c) Documentation of any granted exceptions may be made publicly available and shared with the advisory board as established in section three of this article.
(a) A Complete Streets Advisory Board to the Division of Highways is established to: The Division of Highways shall:
(1) Provide and facilitate communication, education, and advice between the Division of Highways, with counties, municipalities, interest groups, and the public; and
(2) Make recommendations to the Division of Highways, counties, and municipalities for restructuring procedures, updating design guidance, providing educational opportunities to employees, and creating new measures to track the success of multimodal planning and design. and
(3) Submit to the Joint Committee on Government and Finance, through the Division of Highways, an annual report as outlined herein.
(b) The advisory board shall consist of 15 members, designated as follows:
(1) The Commissioner of Highways or his or her designee;
(2) The Secretary of the Department of Transportation or his or her designee;
(3) The Secretary of the Department of Health or his or her designee; and
(4) Twelve members who serve at the will and pleasure of the Governor and appointed by the Governor as follows:
(A) One member who is a licensed engineer with expertise in transportation or civil engineering;
(B) One member representing the American Planning Association;
(C) One member representing a state association of counties;
(D) One member representing state association of municipalities;
(E) One member representing a major regional or local public transportation agency;
(F) One member representing a national association of retired persons;
(G) One member representing an organization interested in the promotion of bicycling;
(H) One member representing an organization interested in the promotion of walking and health;
(I) One member representing an organization representing persons with disabilities;
(J) One member representing an automobile and/or trucking organization; and
(K) Two members of the general public interested in promoting complete streets policies, one representing each congressional district, as determined by the Governor.
(c) The Commissioner of Highways shall serve as the first chair of the board. The board shall meet at least twice a year and at the call of the chair or a majority of the members. The members of the board shall annually elect one of its members to serve as chair after the first year.
(d) The initial terms of appointment for members appointed by the Governor shall be as follows: Three members appointed to a term of one year, three members appointed to a term of two years, three members appointed to a term of three years and four members appointed to a term of four years. Thereafter each member shall be appointed for four years. A member shall serve until his or her successor is appointed. In the case of a vacancy the appointee shall serve the remainder of the unexpired term. Members of the board may succeed themselves and shall serve without compensation. The members appointed by the Governor are entitled to be reimbursed in a manner consistent with the guidelines of the Travel Management Office of the Department of Administration for actual and necessary mileage expenses incurred while attending official meetings of the board.
(e) On December 1, the board shall submit an annual report to the Governor, the Commissioner of Highways and the Joint Committee on Government and Finance on the status of implementation of section one of this article.
(1) The annual report shall include the following information:
(b) In its annual report submitted pursuant to §5-1-20(a) of this code, the Division of Highways shall include:
(A) (1) A summary of actions taken by the Division of Highways in the preceding year to improve the safety, access, and mobility of roadways pursuant to section one of this article;
(B) (2) Modifications made to or recommended for protocols, guidance, standards, or other requirements to facilitate complete streets implementation;
(C) (3) Status of the development of multimodal performance indicators;
(D) (4) Any information obtained on the use made of bicycle, pedestrian, transit, and highway facilities together with the existing target level of use for these modes, if any;
(E) (5) Available crash statistics by mode, age, road type, and location, and other relevant factors; and
(F) (6) Other related information that may be requested by the Governor or Legislature.
(2) The Division of Highways may assist the board in the preparation of the board's annual report.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
Wherever used or referred to in this article, unless a different meaning clearly appears from the context:
(1) “Agency of this state” means the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state.
(2) “Agriculture” means the production of food, fiber, and woodland products, by means of cultivation, tillage of the soil, and by the conduct of animal, livestock, dairy, apiary, equine, or poultry husbandry, and the practice of forestry, silviculture, horticulture, harvesting of silviculture products, packing, shipping, milling, and marketing of agricultural products conducted by the proprietor of the agricultural operation, or any other legal plant or animal production, and all farm practices.
(3) “Committee” or “State Conservation Committee” means the agency created in §19-21A-4 of this code.
(4) “Conservation” means the reduction of soil erosion, enhancement of water supplies, control, and abatement of nonpoint sources of water pollution, improvement of water quality, increased aquatic and wildlife habitat, and the reduction of damages caused by floodwater and sediment damages and other natural disasters.
(5) “District” or “conservation district” means a subdivision of this state, organized in accordance with the provisions of this article, for the purposes, with the powers and subject to the restrictions hereinafter set forth.
(6) “Grant” means the providing of grants for conservation purposes pursuant to legislative rule.
(7) “Governing body” means the supervisors of any conservation district, town, or city, council, city commission, county court, or body acting in lieu of a county court, in this state, and the term “governmental division” means any conservation district, town, city, or county in this state.
(8) “Land occupier” or “occupier of land” means any person, firm, or corporation who shall hold title to, or shall be in possession of, any lands lying within a district organized under the provisions of this article, whether as owner, lessee, renter, or tenant.
(9) “Landowners” or “owners of land” means any person or persons, firm, or corporation who holds title to any lands lying within a district organized under the provisions of this article.
(10) “Notice” means notice published as a Class II legal advertisement in compliance with the provisions of §59-3-1 et seq. of this code and the publication area for the publication is the county in which is located the appropriate area. At any hearing held pursuant to such notice at the time and place designated in the notice, adjournment may be made, from time to time, without the necessity of renewing the notice for the adjournment dates.
(11) “Petition” means a petition filed under the provisions of §19-21A-14 of this code for the creation of a district.
(12) “Soil conservation”, “erosion control”, or “erosion prevention projects” means those projects that have been established by federal agencies in cooperation with state agencies for the purpose of demonstrating soil erosion control and water conservation practices.
(13) “State” means the State of West Virginia.
(14) “Supervisor” means one of the members of the governing body of a district, elected or appointed in accordance with the provisions of this article.
(15) “Urban Agriculture” means the cultivation, processing, and distribution of agricultural products grown in urban and suburban settings, including vertical production, warehouse farms, community gardens, rooftop farms, hydroponic, aeroponic, and aquaponic facilities, and other innovations.
(16) “United States” or “agencies of the United States” means the United States of America, Natural Resources Conservation Service of the United States Department of Agriculture (NRCS), and any other agency or instrumentality, corporate or otherwise, of the United States of America.
(17) "Water management" or "water management operation" means practices to conserve and use water as efficiently as possible in agricultural operations and does not refer to or include construction, improvement, operation, or maintenance of flood control dams, channels, dikes, or levees.
(17)(18) “Works of improvement” means such structures as may be necessary or convenient for flood prevention or the conservation, development, or utilization or disposal of water but does not include flood control dams, channels, dikes, or levees.
(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. The committee consists of the following 10 members:
(1) Four citizen members;
(2) The following ex officio members or his or her designee:
(A) The Director of the state Cooperative Extension Service;
(B) The Director of the State Agricultural and Forestry Experiment Station;
(C) The Secretary of the Department of Environmental Protection;
(D) The State Commissioner of Agriculture, who is the chairperson of the committee;
(E) The Director of the Division of Forestry; and
(F) 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.
(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 employ an administrative officer, technical experts, and other agents and employees, permanent and temporary, as it requires. The administrative officer 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;
(3) Provide for an annual audit of the accounts of receipts and disbursements; and
(4) Cooperate with the State Resiliency Office to the fullest extent practicable to assist that office in fulfilling its duties.
(g) In addition to other duties and powers conferred upon the State Conservation Committee, it may:
(1) Review district programs and 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) Assist and advise conservation districts and others in implementing conservation improvements, and projects to control and abate nonpoint sources of water pollution; and prevent damage from floodwater and sediment;
(3) 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;
(4) Review agreements, or forms of agreements, proposed to be entered into by districts with other districts or with any state, federal, interstate, or other public or private agency, organization, or individual, and advise the districts concerning such agreements or forms of agreements;
(5) Coordinate the programs of the several conservation districts so far as this may be done by advice and consultation;
(6) Contract for services directly related to natural disaster recovery and stream restoration related to flooding, on an as-needed basis;
(7) Comply with provisions of present and future federal aid statutes and regulations, including execution of contracts or agreements with, and cooperation in, programs of the United States government and any of its proper departments, bureaus, or agencies relating to natural disaster response, natural disaster recovery, or stream restoration related to flooding;
(8) 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;
(9) 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;
(10) Administer the provisions of any law hereinafter enacted by the Legislature appropriating funds for expenditures in connection with the activities of conservation districts; distribute to conservation districts funds, equipment, supplies, and services received by the committee for such purpose from any source subject to conditions in any state or federal statute or local ordinance making such funds, property, or services; adopt rules establishing guidelines to govern the use by conservation districts of such funds, property, and services; and review all budgets, administrative procedures, and operations of such districts and advise the districts concerning their conformance with applicable laws and rules;
(11) Administer a conservation grant program that provides financial assistance to conservation districts and others to promote approved conservation, water quality, and soil conservation projects;
(12) 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;
(13) 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 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;
(14) Promulgate emergency and legislative rules to effectuate the provisions of this article; and
(15) 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.
(16) Require annual reports from conservation districts, the form and content of which shall be developed by the state committee; and
(17) Establish by rule, adequate and reasonably uniform accounting and auditing procedures which shall be used by conservation districts.
(18) Enter into contracts and other arrangements with agencies of the United States, with persons, firms, or corporations, including public and nonprofit corporations, with the state government of this state or other states, or any department or agency thereof, with governmental divisions, with soil conservation, drainage, flood control, soil erosion, or other improvement districts in this state or other states for cooperation or assistance in constructing, improving, operating, or maintaining works of improvement and flood control dams, channels, dikes, and levees within the state, or in preventing floods, or in conserving, developing, utilizing, and disposing of water in the state, or for making surveys, investigations, or reports thereof; and to obtain options upon and acquire property, real or personal, or rights or interests therein, required for flood prevention and water quality improvement, or the conservation, development, utilization, and disposal of water within the state and to construct, improve, operate, or maintain thereon or therewith works of improvement and flood control dams, channels, dikes, and levees: Provided, That any alteration, improvement, or agreement related to a dam owned or sponsored by the state conservation committee is subject solely to the authority of the Department of Environmental Protection.
(a) The governing body of the district consists of the supervisors, appointed or elected, as provided in this article. The supervisors shall be persons who are by training and experience qualified to perform the specialized skilled services which are required of them in the performance of their duties under this section and shall be legal residents and landowners in the district.
(b) The supervisors shall designate a chairperson and may, from time to time, change the designation. On and after the election of supervisors in 2008, the term of office of each elected supervisor is four years. A supervisor holds office until his or her successor has been elected or appointed. In case a new county is added to a district, the committee may appoint two supervisors to represent the county until the next regular election of supervisors for the district takes place.
(c) A supervisor is entitled to reasonable and necessary expenses and a per diem of not more than $150 nor less than $30 when engaged in the performance of his or her duties. The expense and per diem rate shall be established by the state committee based on availability of funds.
(d) The supervisors may, with the approval of the State Conservation Committee, employ a secretary, dam monitors, technical experts and any other officers, agents and employees, permanent and temporary, either with or without compensation, as they may require and shall determine their qualifications, duties and compensation, if any. Dam monitors, as specified in any emergency action plan or monitoring plan approved by the Department of Environmental Protection pursuant to its dam safety rules, pertaining to a flood control structure operated or maintained by a soil conservation district and any other employees, agents or officers employed pursuant to this section are "employees" of the district within the meaning of subsection (a), section three, article twelve-a, chapter twenty-nine of this code.
(e) The supervisors may delegate to their 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, orders, contracts, forms, and other documents they adopt or employ and any other information concerning their activities required in the performance of State Conservation Committee's duties under this article.
(f) The supervisors 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 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) Any supervisor may be removed from office pursuant to §6-6-7 of this code.
(h) 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 quality, or other interests of the municipality or county.
A conservation district organized under the provisions of this article and the supervisors thereof shall have the following powers and duties, in addition to others granted in other sections of this article:
(1) To hold public meetings, to conduct surveys, investigations, and research relating to the character of soil erosion, floodwater and sediment damage, and nonpoint source water pollution, and to the conservation, development, utilization, water quality, disposal of water, and the preventive and control measures needed to publish the results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures and works of improvement to the public: Provided, That in order to avoid duplication of research activities, a district may not initiate any research program or publish the results except with the approval of the state committee and in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies. Provided, however, That any alteration, improvement, or agreement related to a dam owned or sponsored by a local conservation district is subject solely to the authority of the Department of Environmental Protection. The provisions of this subsection subdivision may not be construed to affect or alter any state or federal funding to the West Virginia Conservation Agency;
(2) To conduct demonstrational projects within the district on lands owned or controlled by this state or any of its agencies, with the consent and cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner and occupier of the lands or the necessary rights or interests in the lands in order to demonstrate by example the means, methods, and measures by which soil and soil resources may be conserved and soil erosion in the form of soil washing may be prevented and controlled, and water quality may be improved, and works of improvement may be carried out;
(3) To carry out preventive and control measures and works of improvement within the district, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land; drainage, irrigation, and other agricultural water management operations, and measures for the prevention of floodwater and sediment damages, or for the control and abatement of nonpoint sources of water pollution; and the measures listed in §19-21A-2 of this code on lands owned or controlled by this state or any of its agencies with the consent and cooperation of the agency administering and having jurisdiction thereof and on any other lands within the district upon obtaining the consent of the owner and occupier of such lands or the necessary rights or interests in such lands;
(4) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any occupier of lands within the district in the carrying on of erosion-control and prevention operations, and operations for the control and abatement of nonpoint sources of water pollution, and works of improvement within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this article;
(5) 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; to institute condemnation proceedings to acquire any property, real or personal, or rights or interests therein, whether or not located in the district, required for works of improvement; to maintain, administer, and improve any properties acquired, to receive income from such properties, and to expend such income in 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 furtherance of the purposes and the provisions of this article;
(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 use or expend the money, services, materials, or other contributions in carrying out the policy and provisions of this article;
(7) To make available, on such terms as it shall prescribe, to land occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and such other material or equipment as will assist such land occupiers to carry on operations upon their lands for the conservation of soil resources, and for the prevention and control of soil erosion, and for flood prevention or the conservation, development, utilization, water quality, and disposal quality of water;
(8) To construct, improve, operate, and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this article;
(9) (8) To develop and submit to the state committee its proposed long-range program and annual work plans related to the conservation of soil resources, and for the control and prevention of soil erosion, and for flood prevention and water quality improvement, or the conservation, development, and utilization, and disposal of water within the district. The plans shall specify, in as much detail as may be possible, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in use of land; and to publish such plans and information and bring them to the attention of occupiers of lands within the district;
(10) (9) To take over, by purchase, lease, or otherwise, and to administer any soil-conservation, flood-prevention, drainage, irrigation, water-management, erosion-control or erosion-prevention project, or combinations thereof, located within its boundaries, undertaken by the United States or any of its agencies, or by this state or any of its agencies; to manage, as agent of the United States or any of its agencies, or of this state or any of its agencies, any soil-conservation, flood-prevention, drainage, irrigation, water-management, erosion-control or erosion-prevention project, or combinations thereof, within its boundaries; to act as agent for the United States or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation, or administration of any soil-conservation, flood-prevention, drainage, irrigation, water-management, erosion-control or erosion-prevention project, or combinations thereof, within its boundaries; to accept donations, gifts, contributions, and grants in money, services, materials, or otherwise, from the United States or any of its agencies, or from this state or any of its agencies, or from any other source and to use or expend such money, services, materials, or other contributions in carrying on its operations;
(11) (10) To sue and be sued in the name of the district; to have a seal, which shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to make and, from time to time, amend and repeal rules and regulations not inconsistent with this article to carry into effect its purposes and powers;
(12) (11) As a condition to extending any benefits under this article to, or the performance of work upon any lands, the supervisors may require contributions in money, services, materials, or otherwise to any operations conferring such benefits and may require land occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damage thereon;
(13) (12) No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to a district organized hereunder in its acquisition, operation, and disposition of property unless the Legislature shall specifically so state;
(14) To enter into contracts and other arrangements with agencies of the United States, with persons, firms, or corporations, including public and nonprofit corporations, with the state government of this state or other states, or any department or agency thereof, with governmental divisions, with soil conservation, drainage, flood control, soil erosion, or other improvement districts in this state or other states, for cooperation or assistance in constructing, improving, operating, or maintaining works of improvement within the district, or in preventing floods, or in conserving, developing, utilizing, and disposing of water in the district, or for making surveys, investigations, or reports thereof; and to obtain options upon and acquire property, real or personal, or rights or interests therein, in other districts or states required for flood prevention and water quality improvement, or the conservation, development, utilization, and disposal of water within the district and to construct, improve, operate, or maintain thereon or therewith works of improvement.
(15) (13) Each district shall, through public meetings, publications, or other means, keep the public, agencies, and occupiers of the land within the district informed of the works and activities planned and administered by the district, of the purposes these will serve, and of the results achieved annually by the districts;
(14) By no later than July 1, 2026, each district shall convey and transfer all its ownership and sponsorship interest in any flood control dams, channels, dikes, levees, and any existing contracts or agreements related to those structures, and any property and easements associated with those flood control dams, channels, dikes, and levees, to the West Virginia Conservation Agency and thereafter may not take an ownership or sponsorship interest in, or operate or maintain, any flood control dams, channels, dikes, or levees: Provided, That any alteration, improvement, or agreement related to a dam owned or sponsored by the West Virginia Conservation Agency is subject solely to the authority of the Department of Environmental Protection, and as such shall fully consent as the owner or sponsor to any plan approved by the Department of Environmental Protection; and
(15) Upon the conveyance and transfer of its ownership and sponsorship interests in any flood control dams, channels, dikes, levees, and any existing contracts or agreements related to those structures, to the West Virginia Conservation Agency, and by no later than July 1, 2026, each district shall also transfer all funds and accounts associated with the construction, operation, and maintenance of those flood control dams, channels, dikes, and levees to the West Virginia Conservation Agency.
The A county commission or the governing body of any governmental division which municipality that may reasonably be expected to receive a benefit from the construction, improvement, operation, or maintenance of any works of improvement may expend money for such construction, improvement, operation, or maintenance if this expectation exists as to any part of the governmental division county or municipality and even though such works of improvement are not located within the corporate limits of the governmental division county or municipality or are not within this state: Provided, That if the expenditure is not made directly by the governmental division county commission or the governing body of the municipality for such purpose, it shall be made only through a conservation district or watershed improvement district organized under the laws of this state, but it shall not be necessary that any part of the governmental division be within the limits of the district through which the expenditure is made the committee or the conservation agency. The governing bodies or governmental divisions or municipalities, or county commissions may set up in their respective budgets funds to be spent for such purposes and municipalities and counties may levy and collect taxes for such purposes in the manner provided by law: Provided, however, That in case sufficient funds cannot be raised by ordinary levies, additional funds may be raised by municipalities and counties as provided by §11-8-16 of this code.
(a) By vote of the governing body of a municipality or a county commission, any governmental division county or municipality authorized to expend money on works of improvement by §19-21A-11 of this code, may alone, or in combination with any other governmental division or divisions authorized to expend money on works of improvement, the committee or the conservation agency, give assurances, by contract or otherwise, satisfactory to agencies of the United States, congressional committees or other proper federal authority and to conservation districts or watershed improvement districts organized under the laws of this state that the governmental division or divisions county or municipality will construct, improve, operate, or maintain works of improvement or will appropriate a sum or sums of money and expend it for such purposes as provided in §19-21A-11 of this code.
(b) The assurances, whether by contract or otherwise, shall be reduced to writing and before final approval of the governing bodies involved shall be submitted to the Attorney General for approval. After approval by the Attorney General and by the governing body or bodies concerned, certified copies of the assurances shall be filed in the office of the county clerk of the county or counties in which the governmental division is governing bodies are located and in the office of the State Tax Commissioner.
(c) Any assurance hereunder may be valid and binding for a period of time not to exceed fifty 50 years.
The county commission of each county and the governing body of each municipality in the state are hereby authorized and empowered to enter into a contract or agreement with the conservation district or districts committee or the conservation agency for the purpose of constructing flood control projects within their respective counties or municipalities or adjacent thereto and to use the projects as recreational areas or public parks. For the purpose of defraying the cost of any such project or projects, the county commission or the governing body of any municipality is hereby authorized to borrow from the federal government or from any federal agency having money to loan, a sum sufficient to cover the cost of such project or projects. For the purpose of retiring any indebtedness incurred under the provisions of this section, notwithstanding any other provisions of law, the county commission or the governing body of any municipality is hereby authorized to lay and impose a county or citywide levy as the case might be.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
As used in this article, the term:
(a) "Board" means the technology-related assistance revolving loan fund for individuals with disabilities board. "Division" means the Division of Rehabilitation Services, as created in §18-10A-2 of this code.
(b) "Individual with disability" means any individual, of any age who, for the purposes of state or federal law, is considered to have a disability or handicap, injuries, and chronic health conditions, whether congenital or acquired; and who is or would be enabled by technology-related devices or technology-related services to maintain or improve his or her ability to function in society and the workplace.
(c) "Qualifying borrower" means any individual with disabilities and their family members, guardians, authorized representatives, or nonprofit entity who demonstrates that such a loan will improve their independence or become more productive members of the community. The individual must demonstrate credit worthiness and repayment abilities to the satisfaction of the board. No more than twenty 20 percent of all loan funds are to be provided to nonprofit entities in a single year.
(d) "Technology-related assistance" means either the provision of technology-related devices or technology-related services to improve the independence, quality of life, or productive involvement in the community of individuals with disabilities.
(e) "Technology-related device" means any item, piece of equipment or product system, whether acquired commercially off-the-shelf, modified or customized, that is used to increase, maintain or improve functional capabilities of individuals with disabilities.
(f) "Technology-related service" means any service that directly assists an individual with a disability in the selection, acquisition or use of a technology-related device, including:
(1) The evaluation of the needs of an individual with a disability, including a functional evaluation in the individual's customary environment;
(2) Purchasing, leasing or otherwise providing for the acquisition of technology-related devices by individuals with disabilities;
(3) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing technology-related devices;
(4) Coordinating and using other therapies, interventions, or services with technology-related devices, such as those associated with existing education and rehabilitation plans and programs; and
(5) Training or technical assistance for individuals or the family of an individual with disabilities.
(g) "Revolving loan fund" means the technology-related assistance revolving loan fund for individuals with disabilities established in this article.
(h) "Consumer" means individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives.
[Repealed.]
[Repealed.]
(a) The board division has the following powers, duties, and responsibilities:
(1) Meet at such times (minimum of four times each fiscal year) and at places as it determines necessary or convenient to perform its duties. The board shall also meet on the call of the chairperson or Secretary of Commerce;
(2) Maintain written minutes of its meetings;
(3) Propose rules for legislative promulgation in accordance with §29A-3-1 et seq. of this code for the transaction of its business and to carry out the purposes of this article. The rules shall include:
(A) Guidelines, procedures, reporting requirements, accountability measures, and such other criteria as the board deems appropriate and necessary to fulfill its governance responsibility under this article if it elects to contract with a nonprofit, consumer-driven organization to carry out the purposes of this article;
(B) An appeals process with regard to the administration of the fund; and
(C) Rules governing the operation of the fund, including, but not limited to, eligibility of receipt of funds and all other matters consistent with and necessary to accomplishing the purpose of this fund;
(4) Employ personnel on a full-time, part-time or contracted basis. Board personnel may be members of the state civil service system. Participating agencies shall make staff support and resources available to the board whenever practicable at the discretion of the agencies. The compensation of personnel shall be paid from moneys in the revolving loan fund;
(5) (2) Receive, administer, and disburse funds to support purposes established by this article and contract with nonprofit, consumer-based groups dealing with individuals with disabilities to assist in administering programs established by this article;
(6) (3) Maintain detailed records of all expenditures of the board fund, funds received as gifts and donations, and disbursements made from the revolving loan fund;
(7) (4) Submit to the Secretary of the Department of Commerce and the Legislature annually a summary report concerning programmatic and financial status of the revolving loan fund, which report shall be included in the division’s annual report, as required by §5-1-20(a) of this code;
(8) (5) Develop and implement a comprehensive set of financial standards to ensure the integrity and accountability of all funds received as well as loan funds disbursed; and
(9) (6) Conform to the standards and requirements prescribed by the State Auditor.
(b) Subject to available funds, the board division shall enter into loan agreements with any qualifying borrower, who demonstrates that:
(1) The loan will assist one or more individuals with disabilities in improving their independence, productivity, and full participation in the community; and
(2) The applicant has the ability to repay the loan. Any necessary loan limitation shall be determined by the board division. All loans must be repaid within such terms and at such interest rates as the board division may determine to be appropriate: Provided, That no loan may extend beyond sixty 60 months from date of award and may be paid off anytime without prepayment penalty. The board division shall determine the interest rate to be charged on loans made pursuant to this article, but in no event may the interest rate on any such loans be less than four or more than twenty-one 21 percent per annum.
(c) The board division may authorize loans up to ninety 90 percent of the cost of an item or items.
(d) The board division may award loans to qualifying borrowers for purposes, including, but not limited to, the following:
(1) To assist one or more individuals with disabilities to improve their independence through the purchase of technology-related devices; and
(2) To assist one or more individuals with disabilities to become more independent members of the community and improve such individuals quality of life within the community through the purchase of technology-related devices.
(e) If there is a failure of the borrower to repay the loan balance due and owing, the board division shall seek to recover the loan balance by such legal or administrative action available to it. Persons or representatives of persons who default on a loan are not eligible for a new loan. The board division shall retain ownership of all property, equipment, or devices until the borrower’s loan is paid in full.
(f) A new loan may not be issued to, or on behalf of, a disabled person if a previous loan made to, or on behalf of, such person remains unpaid.
(g) The board division may charge a fee for loan applications and processing. All funds generated by fee charges shall be directly placed into the revolving loan fund to off-set the costs of application processing.
(h) The board division may accept federal funds granted by Congress or executive order for the purposes of this chapter as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the Legislature to continue the purposes for which the federal funds are made available. All funds received in the manner described in this article shall be deposited in the revolving loan fund to be disbursed as other moneys in the revolving loan fund.
The technology-related assistance revolving loan fund for individuals with disabilities is hereby created in the State State Treasury to be expended by the board division in accordance with the provisions of and for the purposes of this article. Upon the effective date of this section, any funds remaining in the technology-related assistance revolving loan fund for individuals with disabilities created by chapter two hundred forty-seven §247-1-1 et seq. of this code, acts of the Legislature, regular session, one thousand nine hundred ninety-six 1996, which is hereby abolished, shall be deposited into the fund created by this section. Nothing contained herein may be construed to require any level of funding by the Legislature.
The board division shall deposit all amounts paid, appropriated, granted or donated to it, including interest accrued on loan balances, fees charged and funds received in repayment of loans, in the revolving loan fund.
The moneys in the revolving loan fund shall be used only for the following purposes:
(a) Implementing revolving loan program for technology-related devices;
(b) Providing technology-related devices to individuals with severe disabilities who meet economic criteria established by the board division;
(c) Providing support for technology-related assistance;
(d) Providing technology-related and disability prevention education and research;
(e) Disseminating public information;
(f) Conducting program evaluation and needs assessment;
(g) Operating the board division and other administrative and personnel costs;
(h) Conducting research and demonstration projects, including new and future uses of technology-related services; and
(i) Developing a strategic plan.
Administrative costs are not to exceed ten 10 percent of the revolving loan fund's yearly budget.
All unexpended moneys contained in this fund at the end of the fiscal year shall be carried forward from year to year.
[Repealed.]
Adopted
Rejected