SECOND
ENGROSSMENT
H. B. 2528
(By Delegates Beane, Kuhn,
Ennis, Martin and Walters)

[Introduced January 23, 2003 ; referred to the

Committee on Government Organization then Finance.]

A BILL to amend article twenty-one-a, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen, relating to creating the West Virginia flood protection task force to help coordinate federal, state and local governmental response to flooding; membership; powers and duties; creating an advisory panel; membership; powers and duties; meetings; and sunset provision.

Be it enacted by the Legislature of West Virginia:
That article twenty-one-a, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section fifteen, to read as follows:

(a) The West Virginia flood protection task force, hereinafter referred to as the task force, is hereby created

. The task force is a governmental instrumentality of the state. The exercise by the task force of the powers conferred by, and the carrying out of its purpose and duties of, this section are essential governmental functions for a public purpose.
(b) The task force shall consist of ten members, as follows:
(1) The director of the state conservation agency or his or her designee from within the agency, who shall chair the task force;
(2) The director of the state office of emergency services or his or her designee from within the agency, who shall serve as vice-chair of the task force;
(3) The secretary of the department of environmental protection, or his or her designee from within the agency;
(4) The commissioner of the division of highways, or his or her designee from within the agency;
(5) The director of the division of natural resources, or his or her designee from within the agency;
(6) The director of the division of forestry, or his or her designee from within the agency;
(7) The director of the housing development fund, or his or her designee from within the agency;
(8) One member representing county governments who shall be appointed by the governor from a list of three names submitted by the association of counties;
(9) One member representing municipalities who shall be appointed by the governor from a list of three names submitted by the municipal league; and
(10) One citizen member who shall be appointed by the governor.
(c) No more than two of the members, appointed by the governor to the task force, may be from the same congressional district. The members first appointed shall serve staggered terms as follows: The first citizen member appointed shall be appointed for a term of one year; the first member representing municipal governments shall serve a term of two years; the first member representing county governments shall serve a term of three years. Thereafter the appointed members shall serve a term of three years. An appointed member may be reappointed for one additional term.
(d) There shall also be appointed a panel of advisory members to the task force. The advisory members shall include:
(1) Two members of the West Virginia Senate, appointed by the governor;
(2) Two members of the West Virginia House of Delegates appointed by the governor;
(3) The director of the division of labor or his or her designee from within the agency;
(4) The director of the West Virginia University cooperative extension service or his or her designee from within the agency;
(5) The director of the GIS technical center or his or her designee from within the agency;
(6) The director of the board of examiners of land surveyors or his or her designee from within the agency; and
(7) The director of the geological and economic survey or his or her designee from within the agency.
(e) No more than three members of the Legislature appointed by the governor as advisory members may be from the same political party. All advisory members are ex officio, nonvoting members of the task force.
(f) The chair of the task force shall designate a secretary who need not be a member of the task force and who shall keep records of its proceedings.
(g) A majority of the task force members shall constitute a quorum and the affirmative vote of at least the majority of those members present shall be necessary for any action taken by vote of the task force. A vacancy in the membership of the task force will not affect an action taken if there is a quorum of members present and voting on the issue.
(h) No member of the task force shall receive any compensation for serving as a member.
(i) The task force shall meet at least quarterly or on the call of the chair.
(j) The duties of the task force shall be:
(1) To make recommendations to the state office of emergency services for the coordination of federal, state and local governmental response to flooding;
(2) Review the status of flood mapping;
(3) Examine and improve flood prevention initiatives;
(4) Request federal funding assistance; and
(5) Carry out other related responsibilities.
(k) The state conservation agency shall provide office space for the task force. Each governmental agency represented on the task force shall provide staff support for the task force in the manner determined by the task force.
(l) The task force shall keep minutes of its meetings and shall invite one or more representatives of the United States federal emergency management agency, the United States army corps of engineers and any other individual or organization necessary to effectuate the purposes of this article, to all of its meetings.
(m) The West Virginia flood protection task force shall terminate on the first day of July, two thousand five, pursuant to the provisions of article ten, chapter four of this code.