SB412 HFA Miley #1 4-4
Delegate Miley 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:
Be it enacted by the Legislature of West Virginia:
That §19-21A-6 and
of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-6. Election of supervisors for each district; filling
(a) 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 thousand.
(b) A candidate for supervisor must be a landowner and an
active farmer with a minimum of five years' experience or a retired
farmer who has had a minimum of five years' experience and must
have the education, training and experience necessary to carry out
the duties required by this article. The State Conservation
Committee shall propose for promulgation in accordance with the
requirements of article three-a, chapter twenty-nine of this code
legislative rules to establish criteria for the necessary education, training and experience.
(c) 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.
Supervisors shall be elected in the general election to be
conducted in the year 2008 as nonpartisan candidates. 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 is four years; the
candidate for supervisor receiving the second highest number of
votes in the general election of 2008 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
serve for four years and the remaining supervisor or supervisors
serve for two years. Terms of office for supervisors elected after
that are four years. Supervisors shall be elected in the primary
election and serve a term of four years. The provisions of chapter
three of this code apply to election of supervisors.
(e) Persons holding the position of supervisor, regardless of
the expiration of the designated term of office, continue to serve
until the election and qualification of his or her successor.
(f) 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 six months, the appointed person holds
office until the expiration of the term. If the unexpired term is
for more than two years and two six months, the appointed person
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 duties;
(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 2008, 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 $150 nor less than $30
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 from office pursuant
to section seven, article six, chapter six of this code.
(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."