H. B. 2512
(By Delegates Frederick, Stalnaker, Walters, Rowan and Cann
)
[Introduced February 21, 2005; referred to the Committee on
Industry and Labor, Economic Development and Small Business then
Government Organization.]
A BILL to amend and reenact §5B-2B-3 of the code of West Virginia,
1931, as amended, relating to the membership of the West
Virginia workforce investment council.
Be it enacted by the Legislature of West Virginia:
That §5B-2B-3 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2B. WEST VIRGINIA WORKFORCE INVESTMENT ACT.
§5B-2B-3. West Virginia workforce investment council; membership
of board; meetings; quorum requirements.
(a) The West Virginia workforce investment council is hereby
created and shall serve as the state's workforce investment board,
as required by the federal Workforce Investment Act, 29 U.S.C.
§§2801 et seq. The council shall make general recommendations
regarding workforce investment in the state to the governor and the Legislature.
(b) The council may consist of no more than thirty-nine
members, including ex officio members.
(c) The governor shall appoint, with the advice and consent of
the Senate, members to the council according to the following
criteria:
(1) Representatives of business in the state, including at
least one representing the tourism industry
who are:
(A) Owners of businesses, chief executive officers, chief
operating officers of business and other business executives or
employers with optimum policy-making or hiring authority, including
members of regional workforce investment boards;
(B) Representatives of businesses having employment
opportunities that reflect the employment opportunities of the
state; and
(C) Individuals nominated by state business organizations and
business trade associations;
(2) No more than two members who are members of the council
for community and technical college education;
(3) Two members who are members of the West Virginia council
for community and economic development;
(4) Two members who are chief elected officials representing
cities and counties;
(5) Two members who represent individuals and organizations
having experience and expertise in the delivery of workforce
investment programs, including one chief executive officer of a
community and technical college and one chief executive officer of
a community-based organization operating in the state;
(6) Two members who represent individuals and organizations
having experience in youth activities, including at least one youth
from a post-secondary education institution; and
(7) Two members who represent labor organizations in the state
who have been nominated by state labor federations.
(d) The following shall serve on the council as ex officio
members:
(1) The governor, or his or her designee;
(2) The superintendent of the department of education, or his
or her designee;
(3) The director of the division of rehabilitation services,
or his or her designee:
Provided, That the designee has policy-
making authority over a workforce investment program within the
division of rehabilitation services;
(4) The commissioner of the bureau of senior services, or his
or her designee:
Provided, That the designee has policy-making
authority over a workforce investment program within the bureau of
senior services;
(5) The commissioner of the bureau of employment programs, or
his or her designee:
Provided, That the designee has policy-making
authority over a workforce investment program within the bureau of
employment programs;
(6) The director of the division of veterans' affairs, or his
or her designee:
Provided, That the designee has policy-making
authority over a workforce investment program within the division
of veterans' affairs;
(7) The executive director of the West Virginia development
office;
and
(8) The secretary of the department of health and human
resources, or his or her designee:
Provided, That the designee has
policy-making authority over a workforce investment program within
the department of health and human resources;
(9) The Chancellor of the West Virginia Council for Community
and Technical College Education; and
(10) The Chancellor for Higher Education.
(e) The speaker of the House of Delegates shall appoint two
members of the House of Delegates to serve on the council
, as non-
voting members.
(f) The president of the Senate shall appoint two members of
the Senate to serve on the council
, as non-voting members.
(g) The governor shall appoint a chair and vice-chair for the council from among the members appointed pursuant to subdivision
(1), subsection (c) of this section.
(h) Initial terms for appointed members of the council are for
up to three years as determined by the governor. All subsequent
terms are for three years.
(i) The council shall meet at least quarterly and appointed
members of the council may be reimbursed for reasonable expenses
incurred within the scope of their service on the council.
(j) A majority of the members of the council constitute a
quorum:
Provided, That a majority of the members making the quorum
are members appointed pursuant to subdivision (1), subsection (c)
of this section.
(k) The council may create subcommittees to carry out any of
its duties. Quorum requirements required by subsection (j) of this
section also apply to subcommittees.
(l) No member of the council may:
(1) Vote on a matter under consideration by the council:
(A) Regarding the provision of services by the member or by an
entity that the member represents; or
(B) That would provide direct financial benefit to the member
or the immediate family of the member; or
(2) Engage in any other activity determined by the governor to
constitute a conflict of interest as specified in the strategic five-year state workforce investment plan.
NOTE: The purpose of this bill is to define a business member
and to add the Chancellor of the West Virginia Council for
Community and Technical College Education and the Chancellor for
Higher Education to the WVWIC.
This is an interim bill that was proposed for introduction in
the 2005 Legislative Session by the Legislative Oversight
Commission on Workforce Investment for Economic Development.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.