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Introduced Version House Bill 4203 History

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hb4203 intr
H. B. 4203


(By Delegates Beach, Varner, Perdue,
Fleischauer, Marshall, Perry, Eldridge,
Argento, Manypenny, Shaver, Shook)


[Introduced January 27, 2010; referred to the
Committee on the Judiciary then Finance.]

A BILL to amend and reenact §19-8-1, §19-8-2 and §19-8-3 of the Code of West Virginia, 1931, as amended, relating to encouraging county extension services to collect data regarding the locations of all cemeteries within West Virginia; requiring the information to be kept by the Historic Preservation Section of the Division of Culture and History acting as the repository for said data.

Be it enacted by the Legislature of West Virginia:
That §19-8-1, §19-8-2 and §19-8-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
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 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) The cooperative extension service of West Virginia University is requested to develop a program to collect the name and longitudinal and latitudinal data of all cemeteries within West Virginia, including those cemeteries otherwise referenced in section six, article five-a, chapter thirty-five of this code. The program may then be implemented by county cooperative extension service committees. Once implemented, extension workers, along with members of local 4-H organizations, may collect data with global positioning system devices and provide the data to the Director of the Historic Preservation Section of the Division of Culture and History, which shall serve as a repository for the information.
(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.



NOTE: The purpose of this bill is to encourage county extension services to collect of data regarding the locations of all cemeteries within West Virginia.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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