H. B. 2546
(By Delegates Pettit, Kuhn and Williams)
(Originating in the Committee on Industry and Labor)
[March 13, 1997]
A BILL 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,
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 West Virginia
department of commerce, labor and environmental resources 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 department of commerce, labor and environmental resources.
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 department bureau of commerce, labor and
environmental resources, which shall consist of thirteen fifteen
members. The secretary of the department of commerce, labor and
environmental resources governor or his or her designee shall be a
member of the commission and shall serve as its chairperson. Eight
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
University of West Virginia board of trustees and one member shall
be appointed by the board of directors of the state college system:
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 and experience of the individual in the
steel industry.
(b) Within ninety 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,
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 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 department of commerce, labor and
environmental resources development office, 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. 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 to
(a) To conduct an examination of existing federal and state
laws which currently affect the production and consumption of West
Virginia steel. and shall
(b) To study problems which the West Virginia steel industry
steel and steel-related industries currently faces 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 industry 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 industry steel
and steel-related industries must interact to assist the steel
industry 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 secretary of the department of commerce,
labor and environmental resources the West Virginia development
office finds that:
(a) (1) The undertaking of projects by the steel industries
steel and steel-related industries will benefit the people of the
state by creating or preserving jobs and employment opportunities;
and
(b) (2) The undertaking of projects by the steel
industriessteel 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:
(a) (1) Research and development specifically related to steel
and steel-related industries and feasibility studies for business
development within these industries;
(b) (2) Employee training;
(c) (3) Labor and management relations; and
(d) (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.
department of commerce, labor and environmental resources as the
secretary. considers appropriate. 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.
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