H. B. 2285
(By Delegate Pettit and Houvouras)
[Introduced February 25, 1993; referred to the
Committee on Government Organization then Finance.]
A BILL to amend chapter thirty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article sixteen, relating
to economic and industrial development; creating a steel
futures program in the department of commerce, labor and
environmental resources.
Be it enacted by the Legislature of West Virginia:
That chapter thirty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article sixteen, 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
vital role in West Virginia's economy and the industry's survival
and success is of vital importance to the residents and the tax
base of the state and because of this vital economic role, thereis hereby created in the West Virginia department of commerce,
labor and environmental resources office a new program entitled
"The Steel Futures Program." The purpose of the program is to
involve the steel industry in a program to preserve and improve
the economy of the state by providing employment, increased
productivity and to ensure continued economic development
consistent with these goals thus maintaining a high standard of
living for the residents of the state. The steel futures program
may supplement any other enterprise assistance program
administered by the West Virginia department of commerce, labor
and environmental resources and shall be administered so as to
provide financial and technical assistance to increase the
competitiveness of existing steel and steel-related industries
and to encourage establishment and development of new steel and
steel-related industries within the state.
§31-16-2. Steel futures program.
Within six months after the effective date of this section,
the secretary of commerce, labor and environmental resources
shall develop 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 director may
consult with appropriate representatives of steel, and steel-
related industries, appropriate representatives of any union that
represents workers in these industries, and other persons with
expert knowledge of these industries. The secretary of commerce,labor and environmental resources or his or her designee shall
consult with the chairman of the public service commission to
foster development of public and private cooperative efforts that
result in energy savings and reduced energy costs for steel and
steel-related industries. The secretary of commerce, labor and
environmental resources, or his or her designee, shall consult
with the air pollution control commission, division of solid
waste management, the water resources board, groundwater
conservation agencies and other agencies with which the steel
industry must interact to assist in adherence to regulations in
a manner conducive to economic viability. Assistance may be made
available to steel and steel-related industries undertaking
projects the secretary of commerce, labor and environmental
resources determines to have long-term implications for and broad
applicability to the economy of this state when the secretary
finds:
(a) The undertaking of projects by the industries will
benefit the people of the state by creating or preserving jobs
and employment opportunities; and
(b) The undertaking of projects by the industries will allow
them to compete more effectively in the marketplace.
Projects eligible to receive assistance under the steel
futures program may include, but are not limited to, the
following:
(a) Research and development specifically related to steel
and steel-related industries and feasibility studies for businessdevelopment within these industries;
(b) Employee training;
(c) Labor and management relations; and
(d) Technology-driven capital investment.
Financial and technical assistance may be in the form and
conditioned upon terms as the director considers appropriate. No
later than the thirtieth day of June of the first year after the
effective date of this section, and no later than the thirtieth
day of June of each year thereafter, the secretary 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.
§31-16-3. Steel advisory commission; membership, appointment,
terms, quorum and selection officers.
(a) There is hereby created the West Virginia steel advisory
commission, which shall consist of eleven members. The secretary
of commerce, labor and environmental resources or his or her
designee shall be a member of the commission and shall serve as
its chairperson. Six 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 representatives appointed by the
governor shall be members of a labor union representing the
majority of the steelworkers in this state. At least one membershall 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: 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 appoint one member from
their respective houses. No more than five of the governor's
appointees shall be of the same political party. Prior to making
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 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 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 shall be for 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 hersuccessor 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 appointing authority and the appointing authority
may remove his or her appointee at any time and for any reason.
(d) Five members constitute a quorum and an affirmative vote
of five members 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 a
member of the Senate or of the House of Delegates, who is of the
same political party as the member originally appointed and who
is designated by the president of the Senate or by the speaker of
the House of Delegates.
(e) Before entering upon the duties of office, each member
shall take the oath of office prescribed by the constitution.
(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 selection of
officers. The commission shall meet at least three times
annually or upon the call of the chairperson or upon the request
of three or more members.
(h) The West Virginia department of commerce, labor and
environmental resources, 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.
§31-16-4. Responsibilities of commission.
The West Virginia steel industry advisory commission shall
do all of the following:
Conduct an examination of existing federal and state laws
which currently affect the production and consumption of West
Virginia steel. The commission shall study problems which the
West Virginia steel industry currently faces 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 in this state.
NOTE: The purpose of this bill is to establish a steel
futures program in the department of commerce, labor and
environmental resources.
The bill also provides for the appointment of a steel
advisory commission to focus attention on the problems faced bythe steel industry of this state and the contributions that the
industry makes to the state's economy.
This article is new; therefore, strike-throughs and
underscoring have been omitted.