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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2285
(By Delegates Pettit and Houvouras)
[Passed April 10, 1993; in effect ninety days from passage.]
AN ACT to amend chapter thirty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article sixteen, relating
to economic and industrial development; creating the steel
advisory commission and a steel futures program in the
department of commerce, labor and environmental resources;
setting forth legislative intent and purposes; appointment
of the commission; terms of the commission; reimbursement of
expenses; meeting space and staff services for the
commission; responsibilities of the commission; and
providing for the termination of the advisory commission and
program in seven years.
Be it enacted by the Legislature of West Virginia:
That chapter thirty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article sixteen, to readas follows:
ARTICLE 16. WEST VIRGINIA STEEL FUTURES PROGRAM.
§31-16-1. Legislative intent; purpose and administration.
The Legislature recognizes that the steel industry plays a
significant role in West Virginia's economy, and the industry's
survival and success is of significant importance to the
residents and the tax base of the state. Because of this
significant economic role, there is hereby created in the West
Virginia department of commerce, labor and environmental
resources a steel advisory commission and a new program entitled
"The Steel Futures Program". The purpose of the commission and
the program is to preserve and improve the economy of the state
by promoting employment and increased productivity, thereby
ensuring continued economic development consistent with these
goals, and to maintain a high standard of living for the
residents of the state. The commission, through the steel
futures program, may supplement any other enterprise assistance
program administered by the West Virginia department of commerce,
labor and environmental resources. The steel futures program
shall be administered so as to provide financial and technical
assistance as provided in this article to increase the
competitiveness of existing steel and steel-related industries
within the state and to encourage the establishment and
development of new steel and steel-related industries within the
state.
§31-16-2. Steel advisory commission; membership, appointment,
terms, quorum and selection of officers.
(a) There is hereby created the West Virginia steel advisorycommission within the department of commerce, labor and
environmental resources, which shall consist of thirteen members.
The secretary of the department of commerce, labor and
environmental resources or his or her designee shall be a member
of the commission and shall serve as its chairperson. Eight
members shall be appointed by the governor with the advice and
consent of the Senate. At least four of the members appointed by
the governor shall be senior management representatives of steel
manufacturing companies that employ over fifty people. At least
two of the members appointed by the governor shall be
representatives of organized labor. One of the members appointed
by the governor shall be a member of the United Steelworkers of
America. One of the members appointed by the governor shall be
a member of the Independent Steelworkers Union. One member shall
be appointed by the university of West Virginia board of trustees
and one member shall be appointed by the board of directors of
the state college system:
Provided,
That of the members
appointed by these educational bodies, one shall be appointed to
represent a school of engineering and one shall be appointed to
represent a school of business administration. Of the remaining
members, the president of the Senate and the speaker of the House
of Delegates shall each appoint one member from their respective
houses who shall serve as ex officio nonvoting members. No more
than seven of the governor's appointees shall be of the same
political party. Prior to making the appointments, the governor
shall solicit recommendations from individuals representing the
steel industry and labor organizations representing steelworkers.
The governor shall make appointments based upon the knowledge andexperience of the individual in the steel industry.
(b) Within ninety days after the effective date of this
section, the governor, the university of West Virginia board of
trustees and the board of directors of the state college system,
the president of the Senate and the speaker of the House of
Delegates shall make their respective initial appointments to the
commission. The terms of office for nonlegislative appointed
members are seven years. Each member shall hold office from the
date of his or her appointment until the end of the term for
which he or she was appointed. Members may be reappointed.
Vacancies shall be filled in the manner provided for original
appointments. A member shall continue in office until his or her
successor takes office or until a period of sixty days has
elapsed, whichever occurs first. The terms of legislative
members shall be for the term for which they were elected.
(c) Notwithstanding the terms of office stated for members
in subsection (b) of this section, each member serves at the
pleasure of his or her appointing authority and the appointing
authority may remove his or her appointee at any time and for any
reason.
(d) Seven members constitute a quorum and an affirmative
vote of seven members is necessary to transact business of the
commission. In the event of the absence of a member appointed by
the president of the Senate or by the speaker of the House of
Delegates, the president of the Senate or the speaker of the
House of Delegates may become a member, as the case may be, or
may designate an alternative member of the commission.
(e) Before entering upon the duties of office, each membershall take the oath of office prescribed by the constitution of
West Virginia.
(f) Members of the commission shall receive no compensation
but shall be reimbursed for their necessary and actual expenses
incurred in the course of duties as members of the commission.
(g) The commission shall provide for the election of
officers. The commission shall meet at least three times
annually or upon the call of the chairperson or upon the request
of five or more members.
(h) The West Virginia department of commerce, labor and
environmental resources, as requested by the commission, shall
provide the commission with meeting space and staff services and
other technical assistance. The West Virginia department of
commerce, labor and environmental resource development office
shall assist the commission with the costs of production and
distribution of commission reports. If the commission
determines, by a majority vote, to have any study conducted by a
third party, the funds for the study shall be derived from
contributions from the steel industry or other interested
parties.
§31-16-3. Responsibilities of commission.
The West Virginia steel industry advisory commission shall
conduct an examination of existing federal and state laws which
currently affect the production and consumption of West Virginia
steel and shall study problems which the West Virginia steel
industry currently faces including unfair competition from
foreign industries, the economic factors affecting the West
Virginia steel industry, and other matters relevant to the futureof the steel industry in this state.
§31-16-4. Steel futures program.
The commission shall develop and recommend a strategy for
financial and technical assistance to steel and steel-related
industries in the state. The strategy shall include investment
policies with regard to these industries. In administering the
program, the commission shall consult with appropriate
representatives of steel, and steel-related industries,
appropriate representatives of any union that represents workers
in these industries, and any other persons with expert knowledge
of these industries. The commission shall consult with the
chairman of the public service commission to foster the
development of public and private cooperative efforts that would
result in energy savings and reduced energy costs for steel and
steel-related industries. The commission shall consult with the
air pollution control commission, the division of solid waste
management, the water resources board, groundwater conservation
agencies and other agencies with which the steel industry must
interact to assist the steel industry in adhering to regulations
in a manner conducive to economic viability. Assistance may be
made available to steel and steel-related industries undertaking
projects the commission determines to have long-term implications
for and broad applicability to the economy of this state when the
secretary of the department of commerce, labor and environmental
resources finds that:
(a) The undertaking of projects by the steel industries will
benefit the people of the state by creating or preserving jobs
and employment opportunities; and
(b) The undertaking of projects by the steel industries will
allow them to compete more effectively in the marketplace.
Projects eligible to receive assistance under the steel
futures program may include, but are not limited to, the
following:
(a) Research and development specifically related to steel
and steel-related industries and feasibility studies for business
development within these industries;
(b) Employee training;
(c) Labor and management relations; and
(d) Technology-driven capital investment.
Financial and technical assistance may be in the form and
conditioned upon terms as stipulated by each enterprise
assistance program administered by the department of commerce,
labor and environmental resources as the secretary considers
appropriate. No later than the thirtieth day of June of the
first year after the effective date of this section, and no later
than the thirtieth day of June of each year thereafter, the
commission shall submit a report to the governor and Legislature
describing projects of the steel futures program, results
obtained from completed projects of the program and program
projects for the next fiscal year.
§31-16-5. Continuation of program.
The steel advisory commission and the steel futures program
shall continue to exist until the first day of July, two
thousand:
Provided,
That prior to the termination date the joint
committee on government organization shall conduct a performance
review of the commission and program.