Senate Bill No. 471
(By Senators Anderson, Love, Ball, Dittmar, Helmick, Mitchell,
Ross, Unger, Deem and Minear)
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[Originating in the Committee on Agriculture; reported February
11, 2000.]
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A BILL to amend and reenact section four, article twenty-one-a,
chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to continuing
the state soil conservation committee; renaming the committee
as the West Virginia resource conservation committee; and
adding two additional members to the committee.
Be it enacted by the Legislature of West Virginia:
That section four, article twenty-one-a, chapter nineteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 21A. SOIL CONSERVATION DISTRICTS; RESOURCE CONSERVATION COMMITTEE.
§19-21A-4. State soil conservation committee; continuation;
renamed and continued as the state resource conservation
committee.
(a) The state soil conservation committee is continued:
Provided, That on and after the first day of July, two thousand,
the state soil conservation committee shall be known as the state
resource conservation committee. It is to serve as an agency of
the state and to perform the functions conferred upon it in this
article. The committee shall consist of seven nine members. The
following shall serve, ex officio, as members of the committee: The
director of the state cooperative extension service; the director
of the state agricultural experiment station; the director of the
division of environmental protection; the forestry administrator of
the division of forestry; and the state commissioner of
agriculture, who shall be chairman of the committee.
The governor shall appoint as additional members of the
committee three four representative citizens. The term of members
thus appointed shall be four years, except that of the first
members so appointed, one shall be appointed for a term of two
years, one for a term of three years and one for a term of four
years. In the event of a vacancy, appointment shall be for the unexpired term.
The committee may invite the secretary of agriculture of the
United States of America to appoint one person to serve with the
committee as an advisory member.
The committee shall keep a record of its official actions,
shall adopt a seal, which seal shall be judicially noticed, and may
perform such acts, hold such public hearings and promulgate such
rules as may be necessary for the execution of its functions under
this article.
(b) The state soil conservation committee, on and after the
first day of July, two thousand, to be known as the state resource
conservation committee, may employ an administrative officer and
such technical experts and such other agents and employees,
permanent and temporary, as it may require, and shall determine
their qualifications, duties and compensation. The committee may
call upon the attorney general of the state for such legal services
as it may require. It shall have authority to delegate to its
chairman, to one or more of its members, or to one or more agents
or employees, such powers and duties as it may deem proper. The
committee is empowered to secure necessary and suitable office
accommodations and the necessary supplies and equipment. Upon
request of the committee, for the purpose of carrying out any of its functions, the supervising officer of any state agency or of
any state institution of learning shall, insofar as may be
possible, under available appropriations, and having due regard to
the needs of the agency to which the request is directed, assign or
detail to the committee, members of the staff or personnel of such
agency or institution of learning and make such special reports,
surveys or studies as the committee may request.
(c) A member of the committee shall hold office so long as he
or she shall retain the office by virtue of which he or she shall
be serving on the committee. A majority of the committee shall
constitute a quorum and the concurrence of a majority in any matter
within their duties shall be is required for its determination.
The chairman and members of the committee shall receive no
compensation for their services on the committee but shall be
entitled to expenses, including traveling expenses necessarily
incurred in the discharge of their duties on the committee. The
committee shall provide for the execution of surety bonds for all
employees and officers who shall be entrusted with funds or
property; shall provide for the keeping of a full and accurate
public record of all proceedings and of all resolutions, rules and
orders issued or adopted; and shall provide for an annual audit of
the accounts of receipts and disbursements.
(d) In addition to the duties and powers hereinafter conferred
upon the state soil conservation committee, on and after the first
day of July, two thousand, to be known as the state resource
conservation committee, it shall have the following duties and
powers:
(1) To offer such assistance as may be appropriate to the
supervisors of soil conservation districts, organized as provided
hereinafter, in the carrying out of any of their powers and
programs.
(2) To keep the supervisors of each of the several districts,
organized under the provisions of this article, informed of the
activities and experience of all other districts organized
hereunder and to facilitate an interchange of advice and experience
between such districts and cooperation between them;
(3) To coordinate the programs of the several soil
conservation districts organized hereunder so far as this may be
done by advice and consultation;
(4) To secure the cooperation and assistance of the United
States and any of its agencies and of agencies of this state in the
work of such districts;
(5) To disseminate information throughout the state concerning
the activities and programs of the soil conservation districts organized hereunder and to encourage the formation of such
districts in areas where their organization is desirable;
(6) To accept and receive donations, gifts, contributions,
grants and appropriations in money, services, materials or
otherwise, from the United States or any of its agencies, from the
state of West Virginia or from other sources, and to use or expend
such money, services, materials or other contributions in carrying
out the policy and provisions of this article, including the right
to allocate such money, services or materials in part to the
various soil conservation districts created by this article in
order to assist them in carrying on their operations; and
(7) To obtain options upon and to acquire by purchase,
exchange, lease, gift, grant, bequest, devise or otherwise, any
property, real or personal, or rights or interests therein; to
maintain, administer, operate and improve any properties acquired;
to receive and retain income from such property and to expend such
income as required for operation, maintenance, administration or
improvement of such properties or in otherwise carrying out the
purposes and provisions of this article; and to sell, lease or
otherwise dispose of any of its property or interests therein in
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 soil conservation committee, on and after the first day of
July, two thousand, to be known as the state resource conservation
committee, and expended as herein provided.
After having conducted a performance audit through its joint
committee on government operations, pursuant to article ten,
chapter four of this code, the Legislature hereby finds and
declares that the state soil conservation committee, on and after
the first day of July, two thousand, to be known as the state
resource conservation committee, should be continued and
reestablished. Accordingly, pursuant to the provisions of section
five of said article, the state soil conservation committee, on and
after the first day of July, two thousand, to be known as the state
resource conservation committee, shall continue to exist until the
first day of July, two thousand six, unless sooner terminated,
continued or reestablished by act of the Legislature.
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(NOTE: The purpose of this bill is to change the name of the
State Soil Conservation Committee to the State Resource
Conservation Committee; to add two additional members to the
committee; and to continue the committee until July 1, 2006 under
its new name and with the two new committee members added.
Strike-throughs indicate language that would be stricken and
underscoring indicates language which would be added.)