HB4203 H JUD AM 2-9 #1
The 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 language:
That §18-11-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §19-8-1, §19-8-2 and §19-8-3 of said
code be amended and reenacted; that §29-1-8 of said code be amended
and reenacted, all to read as follows:
CHAPTER 18. EDUCATION
ARTICLE 11. WEST VIRGINIA UNIVERSITY
§18-11-8. Creation of cooperative extension service; construction
of Code references to agricultural extension division.
(a) In order to promote the advancement of agriculture, home
economics and forestry within the State, and in order to promote
general economic development and the improvement of cultural and
social life among the people of the several communities, counties
and areas of the State, the agricultural extension division
heretofore created and established at West Virginia University
shall be continued and shall hereafter be known as the "cooperative
extension service." Activities of the cooperative extension
service shall be conducted under such rules, regulations and
methods as may be approved by the board of governors. Such
activities may include:
(1) Organize and extend assistance to youth and adult groups
which have for their objective the development of human and natural resources,
(2) prepare and distribute educational materials for the
advancement of knowledge, particularly in agriculture, forestry,
home economics and area and community development, and
(3) in cooperation with school officials and the United States
department of agriculture, conduct programs in group planning and
action to assist community, county, regional and state groups in
the attainment of the above objectives under the direction of local
and volunteer leadership, and
(4) the development of a program to collect information on
cemeteries, both public and private, throughout the
State of West
Virginia
, including the name and longitudinal and latitudinal
coordinates using digital mapping, geographic information systems
or global positioning systems, that then may be implemented by
county cooperative extension service committees pursuant to section
three, article eight, chapter nineteen of the code
.
(b) Within the limits of funds available for the purpose from
federal, state or other sources, the board of governors shall
employ such county extension agents and other extension personnel
as may be needed to accomplish the purposes outlined in this
section. All extension workers employed under the provisions of
this section, or as provided in article eight, chapter nineteen of
this Code, shall be supervised and trained by the cooperative
extension service to promote and advance the economic, cultural and
social interests of the people in the respective areas to which
they are assigned.
(c) All provisions of this Code in reference to the
agricultural extension division, to county agricultural agents, to
county home demonstration agents, and to other agricultural
extension workers shall hereafter be construed to refer to the
cooperative extension service and to the extension workers provided
for in this section.
CHAPTER 19. AGRICULTURE
ARTICLE 8. COOPERATIVE EXTENSION WORKERS.
§19-8-1. County extension service committee; composition;
organization; duties and responsibilities;
employment and compensation of extension workers.
(a) The county extension service committee shall be composed
of:
(a) (1) The president of the county farm bureau;
(b) (2) The president of the county extension homemakers
council;
(c) (3) The president of the county Four-H leaders'
association;
(d) (4) A county commissioner designated by the president of
the county commission;
(e) (5) A member of the county board of education designated
by the president of the county board of education;
(f) (6) A county representative of the grange; and
(g) (7) Two members who are residents of the county to be
appointed by the board of advisors of West Virginia University
(b) The members shall serve for staggered terms of three years
each beginning on July 1.
(c) and in making these appointments The board of advisors
shall appoint one member designated by any other active farm
organization in the county not already represented by virtue of
this section.
(d) If any of the above-named organizations do not exist in
the county, the board of advisors of West Virginia University may
appoint an additional member for each such vacancy. The committee
shall annually elect from its membership a chairperson and a
secretary.
It shall each year be the duty and responsibility of the
county extension service committee:
(e) The committee shall:
(1) To Enter into a memorandum of agreement with the
cooperative extension service of West Virginia University for the
employment of county cooperative extension workers;
(2) To Prepare a memorandum of agreement with the county
commission and with the county board of education for their
financial support of extension work; and
(3) To Give guidance and assistance in the development of the
county cooperative extension service program and in the preparation
of the annual plan of work for the county.
(f) Such The county cooperative extension service committee
may on or before the July 1 of each year file with the county
commission a written memorandum of agreement with the cooperative extension service of West Virginia University for the employment
for the next fiscal year of county extension agents, extension
homemaker agents, associate or assistant agents and clerical
workers.
(g) The county cooperative extension service committee may
also file on or before July 1 of each year with the county board of
education a written memorandum of agreement with the cooperative
extension service of West Virginia University for the employment
for the next fiscal year of Four-H club or youth development
agents, associate or assistant agents, and clerical workers.
(h) If such the agreement or agreements are so filed, the
county commission and the county board of education of such the
county, or either of them, may annually enter into such the
agreement or agreements for the employment for the next fiscal year
of such the county extension agents, extension homemaker agents,
Four-H club or youth development agents, associate or assistant
agents and clerical workers, or any of them, as may be nominated by
the cooperative extension service of West Virginia University, and
approved in writing by at least five members of the county
extension service committee.
(i) Salaries and expenses of all such county extension workers
shall be paid by the cooperative extension service, the county
commission and the Board of Education, or jointly out of such
appropriations as are made by the Legislature, the county
commission and the Board of Education, separately or in conjunction
with such federal acts as do now, or may hereafter, provide funds for such purpose. That part of salaries, travel and general office
expense to be provided by the county commission according to the
approved memorandum shall be paid from general county funds.
(j) Whenever the cooperative extension service is required by
law or legislative intent to grant a salary increase to its
employees, the state budget shall include such the additional funds
as may be necessary to fully fund such the salary increase. It is
the intent of this section that the cooperative extension service
shall is not to be dependent upon county or federal funds or upon
the other funds of the institution or the governing board to meet
the costs of such the a salary increase required by law or
legislative intent regardless of the source of the employee's base
salary: Provided, That any decrease by the county of base salary
levels of county extension employees, as exists on June 30 of the
year preceding the year the salary increase is authorized, shall
may not be funded by the state.
§19-8-2. Expenditure of appropriations; compliance with "Smith-
Lever Act."
All moneys levied or appropriated by the county court county
commission or the county board of education under this article
shall be expended upon orders of the county court county commission
or Board of Education as other such county funds are expended, and
a duplicate of all salary vouchers and expense accounts shall be
filed with the cooperative extension service of West Virginia
University in such a form as will comply that complies with the
provisions of the act of Congress approved May eighth, one thousand nine hundred fourteen, known as the "Smith-Lever Act," or any act
of Congress amendatory thereof or supplementary thereto, but no
part of any money so appropriated shall be used to compensate any
representative of West Virginia University or any other person,
except the persons employed under this article.
§19-8-3. Duties of
county extension workers; extension service to
cooperate with county court commission and Board of
Education.
(a) Under the supervision of the cooperative extension service
of West Virginia University, it shall be the duty of each county
extension worker to shall promote, through various educational
programs, the improvement and advancement of agriculture, forestry
and home economics, and the general economic, cultural and social
life of the people in the respective areas to which they are
assigned.
(b) In the event the cooperative extension service of West
Virginia University develops a program to collect information on
all cemeteries within the State of West Virginia
pursuant to
section eight, article eleven, chapter eighteen of the code, county
cooperative extension service committees are authorized to
implement the program in conjunction with members of local 4-H
organizations. Data gathered pursuant to this subsection shall be
transmitted to the Director of the Historic Preservation Section of
the Division of Culture and History, pursuant to section eight,
article one, chapter twenty-nine of the code.
(c) It shall also be the duty of The cooperative extension
service of West Virginia University to shall cooperate with each
county court commission and each county board of education
appropriating money under this article.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS
ARTICLE 1. DIVISION OF CULTURE AND HISTORY
§29-1-8. Historic preservation section; director.
(a) The purposes and duties of the historic preservation
section are:
(1) to locate, survey, investigate, register, identify,
preserve, protect, restore and recommend to the commissioner for
acquisition historic, architectural, archaeological and cultural
sites, structures and objects worthy of preservation, including
human skeletal remains, graves, grave artifacts and grave markers,
relating to the State of West Virginia and the territory included
therein from the earliest times to the present upon its own
initiative or in cooperation with any private or public society,
organization or agency;
(2) to conduct a continuing survey and study throughout the
state to develop a state plan to determine the needs and priorities
for the preservation, restoration or development of the sites,
structures and objects;
(3) to direct, protect, excavate, preserve, study or develop
the sites and structures;
(4) to review all undertakings permitted, funded, licensed or otherwise assisted, in whole or in part, by the state for the
purposes of furthering the duties of the section;
(5) to carry out the duties and responsibilities enumerated in
the National Historic Preservation Act of 1966, as amended, as they
pertain to the duties of the section;
(6) to develop and maintain a West Virginia State Register of
Historic Places for use as a planning tool for state and local
government;
(7) to cooperate with state and federal agencies in
archaeological work;
(8) to issue permits for the excavation or removal of human
skeletal remains, grave artifacts and grave markers, archaeological
and prehistoric and historic features under the provisions of
section eight-a of this article;
(9) to be
the state's primary repository of data related to
cemeteries, both public and private, located in the
State of West
Virginia
including, but not limited to, the name and longitudinal
and latitudinal coordinates; and
(10) to perform any other duties as may be assigned to the
section by the commissioner.
(b) With the advice and consent of the Archives and History
Commission, the commissioner shall appoint a director of the
historic preservation section who shall have:
(1) A graduate degree in one of the social sciences or
equivalent training and experience in the field of historic
preservation, archaeology, West Virginia history or history; and
(2) three years' experience in administration in the field of
West Virginia history, history, historic preservation or
archaeology. The director of the historic preservation section
shall serve as the deputy state historic preservation officer.
(c) With the approval of the commissioner, the director shall
establish professional positions within the section and develop
appropriate organizational structures to carry out the duties of
the section. The director shall employ the personnel with
applicable professional qualifications to fill positions within the
organizational structure with the minimum professional
qualifications necessary to carry out the provisions of the
National Historic Preservation Act of 1966, as amended. At the
minimum, the following professions shall be represented within the
section staff: Historian, architectural historian, a structural
historian who specializes in historical preservation, an
archaeologist specializing in historic and prehistoric archaeology
and such technical and clerical positions as are required.
(d) The director shall promulgate rules with the approval of
the archives and history commission and in accordance with chapter
twenty-nine-a of this code concerning:
(1) The professional policies and functions of the historic
preservation section;
(2) the review of and, when required, issuance of permits for
all undertakings permitted, funded, licensed or otherwise assisted,
in whole or in part, by the state as indicated in subsection (a) of
this section in order to carry out the duties and responsibilities of the section;
(3) the establishment and maintenance of a West Virginia State
Register of Historic Places, including the criteria for eligibility
of buildings, structures, sites, districts and objects for the
State Register and procedures for nominations to the State Register
and protection of nominated and listed properties;
(4) the review of historic structures in accordance with
compliance alternatives and other provisions in any state fire
regulation and shall coordinate standards with the appropriate
regulatory officials regarding their application;
(5) review of historic structures in conjunction with existing
state or local building codes and shall coordinate standards with
the appropriate regulatory officials for their application; and
(6) any other rules as may be considered necessary to
effectuate the purposes of this article.