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Introduced Version Senate Bill 445 History

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sb445 intr
Senate Bill No. 445

(By Senators Kessler and Williams)

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[Introduced March 4, 2009; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §19-21A-6 of the Code of West Virginia, 1931, as amended, relating to removing the certification requirements for election of conservation supervisors.

Be it enacted by the Legislature of West Virginia:
That §19-21A-6 of the Code of West Virginia, 1931, as amended, be amended to read as follows:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-6. Election of supervisors for each district; filling vacancies.

(a) Beginning with the 2008 general election 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 shall own land in the district and have the education, training or experience necessary to carry out the duties required by this article and rules promulgated thereunder. A candidate shall file with the committee a sworn written statement specifying that he or she meets the requirements of office. A candidate may not be placed on the ballot or be seated as a supervisor unless he or she meets the requirements.
(c) The committee shall provide a list of qualified candidates to the Secretary of State no less than ninety days prior to any election for supervisor in the manner specified by the Secretary.
(d) No nominating petition may be accepted by the committee unless it is subscribed by twenty-five or more owners of lands lying within the boundaries of the district and within the boundaries of the county in which the candidate resides. Landowners in the district may sign more than one nominating petition to nominate more than one candidate for supervisor.
(e) (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.
(f) (d) Supervisors shall be elected in the general election to be conducted in the year 2008 as nonpartisan candidates. Thereafter 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 shall be for is four years; the candidate for supervisor receiving the second highest number of votes in the general election of 2008 shall be for 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 shall serve for four years and the remaining supervisor or supervisors shall serve for two years. Subsequent Terms of office for supervisors elected thereafter shall be for after that are four years. The provisions of chapter three of this code shall apply to election of supervisors.
(g) (e) Persons currently holding the position of supervisor, shall regardless of the expiration of the currently designated term of office, continue to serve until the election and qualification of his or her successor.
(h) (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 months, the appointed person shall hold holds office until the expiration of the term. If the unexpired term is for more than two years and two months, the appointed person shall hold holds the office until a successor is elected in the next primary or general election and qualified.
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(NOTE: The purpose of this bill is to remove an unnecessary certification process from the requirements for the election of conservation district supervisors.

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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