COMMITTEE SUBSTITUTE
FOR
H. B. 4382
(By Delegates Caputo, Mahan, Perdue,
Fleischauer, Kuhn, Tucker and Butcher)
(Originating in the Committee on Government Organization)
[February 27, 2004]
A BILL to amend and reenact §22B-4-1 of the code of West Virginia,
1931, as amended, relating to authorizing the governor to
appoint an additional member to the surface mine board that
represents the interests of labor.
Be it enacted by the Legislature of West Virginia:
That §22B-4-1 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. SURFACE MINE BOARD.
§22B-4-1. Appointment and organization of surface mine board.
(a) On and after the effective date of this article, the
"reclamation board of review," heretofore created, shall continue
in existence and hereafter shall be known as the "surface mine
board."
(b) The board shall be composed of seven nine members who
shall be appointed by the governor with the advice and consent of the Senate. Not more than four five members of the board shall be
of the same political party. Each appointed member of the board
who is serving in such capacity on the effective date of this
article shall continue to serve on the board until his or her term
ends or he or she resigns or is otherwise unable to serve. As each
member's term ends, or that member is unable to serve, a qualified
successor shall be appointed by the governor with the advice and
consent of the Senate. One of the appointees to such the board
shall be a person who, by reason of previous vocation, employment
or affiliations, can be classed as one capable and experienced in
coal mining. One of the appointees to the board shall be a person
to represent the viewpoint of the working miners of this state from
a list containing one or more nominees submitted by the highest
ranking official within the major employee organization
representing coal miners within this state. One of the appointees
to such the board shall be a person who, by reason of training and
experience, can be classed as one capable and experienced in the
practice of agriculture. One of the appointees to such the board
shall be a person who by reason of training and experience, can be
classed as one capable and experienced in modern forestry
practices. One of the appointees to such the board shall be a
person who, by reason of training and experience, can be classed as
one capable and experienced in engineering. One of the appointees
to such the board shall be a person who, by reason of training and experience, can be classed as one capable and experienced in water
pollution control or water conservation problems. One of the
appointees to such the board shall be a person with significant
experience in the advocacy of environmental protection. One of the
appointees to the board shall be a person who, by reason of
training and experience, can be classed as one capable and
experienced in the practice of economics as it relates to post-
mining land use. One of the appointees to such the board shall be
a person who represents the general public interest: Provided,
That, in any case brought before the board relating to quarry
operations as regulated by article four of chapter twenty-two of
this code, two three alternate board members will serve on the
board who have expertise related to the operation of quarries.
These two three alternate members will serve in place of the board
member appointed due to his or her expertise in coal operations,
the board member which has been appointed to represent the
interests of coal miners and the board member which has been
appointed due to his or her expertise in forestry. Each
alternative member shall have the identical term as the member
which he or she is replacing. The alternative board member
replacing the member with expertise in coal shall be appointed
based on his or her expertise in quarry operations. The
alternative board member replacing the member representing the
interests of coal miners shall be appointed based on his or her experience as a quarry worker. The alternative board member
replacing the member with expertise in forestry shall be appointed
based on his or her expertise in geology.
(c) During his or her tenure on the board, no member shall
receive significant direct or indirect financial compensation from
or exercise any control over any person or entity which holds or
has held, within the two years next preceding the member's
appointment, a permit to conduct activity regulated by the
division, under the provisions of article three or four, chapter
twenty-two of this code, or any similar agency of any other state
or of the federal government: Provided, That the member classed as
experienced in coal mining, the member classed as experienced in
engineering, the member classed as experienced in water pollution
control or water conservation problems and the two alternative
board members serving to hear quarry related cases may receive
significant financial compensation from regulated entities for
professional services or regular employment so long as the
professional or employment relationship is disclosed to the board.
No member shall participate in any matter before the board related
to a regulated entity from which the member receives or has
received, within the preceding two years direct or indirect
financial compensation. For purposes of this section, "significant
direct or indirect financial compensation" means twenty percent of
gross income for a calendar year received by the member, any member of his or her immediate family or the member's primary employer.
(d) The members of the board shall be appointed for terms of
the same duration as their predecessor under the original
appointment of two three members appointed to serve a term of two
years; two members appointed to serve a term of three years; two
members to serve a term of four years; and one member to serve a
term of five years. Any member whose term expires may be
reappointed by the governor. In the event a board member is unable
to complete the term, the governor shall appoint a person with
similar qualification to complete the term. The successor of any
board member appointed pursuant to this article must possess the
qualification as prescribed herein. Each vacancy occurring in the
office of a member of the board shall be filled by appointment
within sixty days after such the vacancy occurs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.