H. B. 2389
(By Delegates Manypenny and Fleischauer)
[Introduced February 13, 2013; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §8A-12-2 of the Code of West Virginia,
1931, as amended, relating to requiring county commissions to
adopt and implement county farmland protection programs.
Be it enacted by the Legislature of West Virginia:
That §8A-12-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. VOLUNTARY FARMLAND PROTECTION PROGRAMS.
§8A-12-2. County farmland protection programs and farmland
protection boards authorized; authority of county
commission to approve purchase of farmland
easements; expense reimbursement of actual expenses
for the board members.
(a) The county commission of each county
may shall adopt and
implement a farmland protection program within the county. The county commission of each county which decides to adopt and
implement a farmland protection program shall appoint a farmland
protection board. The farmland protection board shall administer
on behalf of the county commission all matters concerning farmland
protection. The county commission has final approval authority for
any and all purchases of easements for the farmland protection
program by the board.
(b) The farmland protection board shall adopt bylaws
prescribing the board's officers, meeting dates, record-keeping
procedures, meeting attendance requirements and other internal
operational procedures. The member of the farmland protection
board who is a county commissioner shall serve as temporary
chairman of the board until the board's bylaws are adopted and
until the board's officers are selected as prescribed by those
bylaws. The farmland protection board shall prepare a document
proposing a farmland protection program which is consistent with
the Legislature's intent.
(c) Each member of the board shall receive expense
reimbursement for actual expenses incurred while engaged in the
discharge of official duties, the actual expenses not to exceed the
amount paid to members of the Legislature.
NOTE: The purpose of this bill is to require county
commissions to adopt and implement county farmland protection
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would