Senate Bill No. 70
(By Senators Anderson, Deem and Ross)
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[Introduced February 14, 2001; referred to the
Committee on Government Organization.]
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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
one, 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 one, 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 one, 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 one, 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 one, 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 one,
to be known as the state resource conservation committee, shall
continue to exist until the first day of July, two thousand six
seven, unless sooner terminated, continued or reestablished by
act of the Legislature.
NOTE: The purpose of this bill is to rename and continue the
State Soil Conservation Committee as the State Resource
Conservation Committee, and to add two new members.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.