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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