Introduced Version
Senate Bill 201 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 201
(By Senators Bowman, Kessler and McKenzie)
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[Introduced January 19, 2004; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact §31-16-2 of the code of West Virginia,
1931, as amended, relating to updating references about
members of the steel advisory commission in the code from the
university system board of trustees and state college system
board of directors to their successor agency, the higher
education policy commission.
Be it enacted by the Legislature of West Virginia:
That §31-16-2 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 16. WEST VIRGINIA STEEL FUTURES PROGRAM.
§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. Two members shall be appointed by the higher
education policy commission. 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 higher education policy commission, 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.
NOTE: The purpose of this bill is to correct the code with
regard to members of the steel advisory commission, by updating
references to the University of West Virginia Board of Trustees and
the State College System Board of Directors with current reference
to the Higher Education Policy Commission.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.