H. B. 4294
(By Delegates Mahan, Palumbo, Cann, Pino, Armstead and
Overington)
[Introduced January 31, 2006; referred to the Committee on
Agriculture and Natural Resources then the Judiciary.]
A BILL to amend and reenact §8A-12-9 of the Code of West Virginia,
1931, as amended, relating to specifically providing the West
Virginia Agricultural Land Protection Authority with the power
to retain an executive director and staff.
Be it enacted by the Legislature of West Virginia:
That §8A-12-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. VOLUNTARY FARMLAND PROTECTION PROGRAMS.
§ 8A-12-9. West Virginia agricultural land protection authority --
powers.
The authority has the following general powers:
(a) Power to sue. -- To sue and be sued in contractual matters
in its own name;
(b) Power to contract. -- To enter into contracts generally
and to execute all instruments necessary or appropriate to carry
out its purposes;
(c) Power to restrict use of land. -- To acquire or cohold, by
gift, purchase, devise, bequest or grant, easements in gross, fee
or other rights to restrict the use of agricultural land and
woodland as may be designated to maintain the character of the land
as agricultural land or woodland;
(d) Power to disseminate information. -- To promote the
dissemination of information throughout the state concerning the
activities of the farmland protection board; and
(e) Power to seek funding. -- To pursue and apply for any and
all state, federal and private funding available consistent with
the purpose of the voluntary farmland protection programs; and
(f) Power to appoint an executive director. -- To appoint an
executive director to assist in carrying out the Authority's
functions in accordance with rules promulgated by the Authority and
with applicable law. The executive director shall be paid a salary
fixed by the Authority or as otherwise provided by law. The
executive director may, with the approval of the Authority, employ
any administrative, technical and clerical employees as is
necessary to carry out the Authority's purposes.
Note: This bill simply specifically provides that the West
Virginia Agricultural Land Protection Authority has the power to
retain an executive director and staff. Although the current
authorizing statute generally provides the Authority with the power
to contract, questions arose as to whether the general power to
contract also empowered the Authority to enter into employment
contracts. This bill is an effort to resolve that ambiguity.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.