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Introduced Version House Bill 3286 History

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hb3286 intr
H. B. 3286


(By Delegates Caputo, Tucker, Butcher, Mahan, Varner, Boggs, Manchin, Longstreth, Fragale, Barker and Hrutkay)
[Introduced March 25, 2005; referred to the
Committee on Industry and Labor, Economic Development and Small Business then Government Organization.]



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 eight members who shall be appointed by the Governor with the advice and consent of the Senate. Not more than four 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 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 alternate Board members will serve on the Board who have expertise related to the operation of quarries. These two alternate members will serve in place of the Board member appointed due to his or her expertise in coal operations 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 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.





NOTE: The purpose of this bill is to authorize the Governor to appoint an additional member to the Surface Mine Board that represents the interests of labor.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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