Engrossed Committee Substitute
House Bill 2119 History
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ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 2119
(By Delegate Martin)
(Originating in the House Committee on Government Organization)
[March 18, 1993]
A Bill to amend and reenact sections three and four, article
twenty-four, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
composition, powers and duties of the West Virginia forest
management review commission; authorizing commission to
review certain land use plans and make recommendations.
Be it enacted by the Legislature of West Virginia:
That sections three and four, article twenty-four, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 24. WEST VIRGINIA FOREST MANAGEMENT REVIEW COMMISSION.
§5-24-3. Commission continued; composition; appointment of
members.
The West Virginia forest management review commission
heretofore created is hereby continued for the purposes set forth
in this article. This commission shall be comprised of fivemembers from the West Virginia Senate, a cochairman and four
members to be appointed by the Senate president, and five members
of the House of Delegates, a cochairman and four members to be
appointed by the speaker; four members to be representatives from
the commercial forest industry in the state, and three members of
the public-at-large. The seven nonlegislative members shall be
appointed by the governor, with the advice and consent of the
Senate. Two members shall be appointed to serve a term of two
years; three members shall be appointed to serve a term of four
years; two members shall be appointed to serve a term of six
years. The successor of each such appointed member shall be
appointed for an overlapping term of six years, except that any
person appointed to fill a vacancy occurring prior to the
expiration of the term for which the predecessor was appointed
shall be appointed only to the remainder of such term. Each
board member shall serve until the appointment of his successor.
§5-24-4. Powers, duties and responsibilities.
The commission shall have the power, duty and responsibility
to:
(a) Generally assist in the retention, expansion and
attraction of forestry and forestry related industries by
creating a climate for the development and support of the
industry.
(b) Coordinate the current efforts to enhance and promote
the expansion of the forestry industry among the several state
and federal agencies, commissions, boards, committees,
associations and other entities.
(c) Urge the development of multiple-use sustained-yieldmanagement plans for nonindustrial timber tracts.
(d) Develop products and markets for the grade of materials
that currently comprise a majority of the state's resources.
(e) Recommend a stable and predictable tax program for both
new and existing firms in the state.
(f) Develop a centralized and enhanced protection program
that will reduce risks from fire and pestilence.
(g) Develop financial assistance for the attraction and
expansion of new and existing secondary manufacturing facilities,
with special emphasis on assistance for smaller firms employing
less than twenty persons.
(h) Analyze, prior to implementation, all proposals for use
of state or federal lands impacting upon silviculture, wood land
management, forest management, or the present or future potential
of the land for forest industry development; and provide advice
or comment to the secretary of the department of commerce, labor
and environmental resources, the governor or appropriate federal
authorities as to the cost, soundness and economic or
environmental impact of the proposal. Any such proposal
originating from, sponsored by or requiring approval by any
agency or instrumentality of the state shall be referred to the
commission for review prior to implementation or approval, except
that no delay in implementation or approval of a proposal is
required if the commission fails to review the proposal and make
recommendations at its next regular meeting.
(h) (i) Utilize recognized research expertise of appropriate
existing educational, public and industrial institutions or
agencies of the state. Research shall include economic
development efforts in West Virginia, including silviculture,
wood land management, forest management, the development of new
products as well as other products designed to aid forestry
development.
(i) (j) Employ, if needed, and only with prior approval of
the West Virginia Legislature's joint committee on government and
finance, such staff as may be necessary. In the event an
executive director may be necessary, such individual shall be a
forestry graduate of a four-year college of forestry and shall,
in addition, have administrative and research experience,
preferably, but not mandatorily, with at least five years'
experience in government.