Adopted by House 4-3-2009
SB445 H JUD AM 4-1 #1
The House Committee on the Judiciary moves to amend the bill
on page one, following the enacting clause, by striking out the
remainder of the bill and inserting in lieu thereof the following
at §19-21A-6 and §19-21A-7 of the Code of West Virginia,
1931, as amended, be amended to read as follows:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-6. Election of supervisors for each district; filling
Beginning with the 2008 general election Each county in a
district shall elect two nonpartisan supervisors: Provided, That
any county with a population of one hundred thousand based on the
most recent decennial census shall elect one additional supervisor
and any county with a population over one hundred thousand based on
the most recent decennial census shall elect one additional
supervisor for each fifty thousand residents over one hundred
(b) A candidate for supervisor shall own land in the district
and have the education, training or experience necessary to carry
out the duties required by this article and rules promulgated
thereunder. A candidate shall file with the committee a sworn
written statement specifying that he or she meets the requirements
of office. A candidate may not be placed on the ballot or be seated as a supervisor unless he or she meets the requirements.
(c) The committee shall provide a list of qualified candidates
to the Secretary of State no less than ninety days prior to any
election for supervisor in the manner specified by the Secretary.
(d) No nominating petition may be accepted by the committee
unless it is subscribed by twenty-five or more owners of lands
lying within the boundaries of the district and within the
boundaries of the county in which the candidate resides.
Landowners in the district may sign more than one nominating
petition to nominate more than one candidate for supervisor.
(e) (b) All registered voters in the district are eligible to
vote in the election for candidates from the county within the
boundaries of the district in which the voter resides. The
candidates in each county who receive the largest number of votes
cast in the election shall be elected supervisors for that county.
(f) (c) Supervisors shall be elected in the general election
to be conducted in the year 2008 as nonpartisan candidates.
Thereafter After that, supervisors shall be elected in the primary
election. The term of office for the candidate for supervisor
receiving the highest number of votes in the general election of
2008 shall be for is four years; the candidate for supervisor
receiving the second highest number of votes in the general
election of 2008 shall be for is two years. In counties where more
than two supervisors are elected in the general election of 2008,
the two supervisors receiving the highest number of votes shall
serve for four years and the remaining supervisor or supervisors shall serve for two years. Subsequent Terms of office for
supervisors elected thereafter shall be for after that are four
years. The provisions of chapter three of this code shall apply to
election of supervisors.
(g) (d) Persons currently holding the position of supervisor,
shall regardless of the expiration of the currently designated term
of office, continue to serve until the election and qualification
of his or her successor.
(h) (e) Any vacancy occurring in the office of supervisor
shall be filled by the committee by appointment of a person from
the county in which the vacancy occurs. Within fifteen days after
the vacancy occurs, the district shall submit a list of names of
persons qualified to be a supervisor. If the unexpired term is for
less than two years and two months, the appointed person shall hold
holds office until the expiration of the term. If the unexpired
term is for more than two years and two months, the appointed
person shall hold holds the office until a successor is elected in
the next primary or general election and qualified.
§19-21A-7. Supervisors to constitute governing body of district;
qualifications and terms of supervisors; powers and
(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
(b) The supervisors shall designate a chairperson and may,
from time to time, change the designation. On and after the
election of supervisors in two thousand eight, 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 one hundred fifty dollars
nor less than thirty dollars 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
(3) Provide for an annual audit of the accounts of receipts
(g) Any supervisor may be removed by the State Conservation
Committee upon notice and hearing for neglect of duty or
malfeasance in office, but for no other reason.
(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 or other
interests of the municipality or county."