ENROLLED
H. B. 2546
(By Delegates Pettit, Kuhn and Williams)
[Passed April 10, 1997; in effect ninety days from passage.]
AN ACT to amend and reenact sections one, two, three, four and
five, article sixteen, chapter thirty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
all relating to the West Virginia steel futures program;
legislative intent; purpose and administration; steel advisory
commission; membership; appointments; terms; quorum; general
powers of the commission; steel futures program; program
goals; financial and technical assistance; projects eligible
for assistance; and continuation of steel advisory commission
and steel futures program.
Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four and five, article sixteen,
chapter thirty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, to read
as 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 bureau of commerce 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 development office. 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 advisory
commission within the bureau of commerce,, which shall consist of
fifteen members. The governor or his or her designee shall be a
member of the commission and shall serve as its chairperson. Ten
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.
. 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 and experience of the individual in the
steel industry.
(b) Within thirty 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 a majority of those members present 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 member
shall 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 development office, as requested by the
commission, shall provide the commission with meeting space and
staff services and other technical assistance. The West Virginia
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. General powers of the commission.
The West Virginia steel industry advisory commission shall
have and may exercise all powers necessary or appropriate to carry
out the purposes of this article, including the power:
(a) To conduct an examination of existing federal and state
laws which currently affect the production and consumption of West
Virginia steel;
(b) To study problems which the West Virginia steel and steel- related industries currently face including unfair competition
from foreign industries, the economic factors affecting the West
Virginia steel industry, and other matters relevant to the future
of the steel and steel-related industries in this state;
(c) To facilitate and provide technical assistance in the
creation of public-private partnerships that use incentive packaging as a means to encourage economic growth and the creation
of value-added , better paying jobs.;
(d) To develop a steel futures program.;
(e) To identify training and educational opportunities that
enhance the job skills of the workforce of the steel and steel- related industries.;
(f) To identify and encourage partnering opportunities between
the college and university systems of West Virginia and the steel
and steel-related industries
that provide education and training
support to the growth and stability of those industries in this
state.;
(g) To recommend that the West Virginia development office enter
into contractual agreements that promote the interests of the West
Virginia steel and steel-related industries.
§31-16-4. Steel futures program.
(a) 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 division of environmental
protection and other agencies with which the steel and steel- related industries must interact to assist the steel and steel- related industries 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 the West Virginia
development office finds that:
(1) The undertaking of projects by the steel and steel-related
industries will benefit the people of the state by creating or
preserving jobs and employment opportunities; and
(2) The undertaking of projects by the steel and steel-related
industries will allow them to compete more effectively in the
marketplace.
(b) Projects eligible to receive assistance under the steel
futures program may include, but are not limited to, the following:
(1) Research and development specifically related to steel and
steel-related industries and feasibility studies for business
development within these industries;
(2) Employee training;
(3) Labor and management relations; and
(4) Technology-driven capital investment.
(c) Financial and technical assistance may be in the form and
conditioned upon terms as stipulated by each enterprise assistance program administered by the West Virginia development office. No
later than the thirtieth day of June, one thousand nine hundred
ninety-four, 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
four: Provided, That prior to the termination date the joint
committee on government organization shall conduct a performance
review of the commission and program.