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.