Senate Bill No. 171
(By Senator Plymale)
[Introduced January 24, 1995; referred to the Committee
on Government Organization; and then to the Committee on
A BILL to amend and reenact sections three and four, article
twenty-four, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
increasing by two the number of members on the West Virginia
forest management review commission; and authorizing
commission to review certain land use plans and make
Be it enacted by the Legislature of West Virginia:
That sections three and four, article twenty-four, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
ARTICLE 24. WEST VIRGINIA FOREST MANAGEMENT REVIEW COMMISSION.
§5-24-3. Commission continued; composition; appointment of
The West Virginia forest management review commission
is hereby created heretofore created is hereby continued for the
purposes set forth in this article. This commission shall be
comprised of four five members from the West Virginia Senate, a
cochairman and three four members to be appointed by the Senate
president, and four five members of the House of Delegates, a
cochairman and three four members to be appointed by the speaker;
four members to be representatives from the commercial forest
industry in the state, and three members of the public-at-large.
The seven nonlegislative members shall be appointed by the
governor, with the advice and consent of the Senate. Two members
shall be appointed to serve a term of two years; three members
shall be appointed to serve a term of four years; two members
shall be appointed to serve a term of six years. The successor
of each such appointed member shall be appointed for an
overlapping term of six years, except that any person appointed
to fill a vacancy occurring prior to the expiration of the term
for which the predecessor was appointed shall be appointed only
to the remainder of such the term. Each board member shall serve
until the appointment of his or her successor.
§5-24-4. Powers, duties and responsibilities.
The commission shall have the power, duty and responsibility
(a) Generally assist in the retention, expansion and
attraction of forestry and forestry related industries by
creating a climate for the development and support of the industry.
(b) Coordinate the current efforts to enhance and promote
the expansion of the forestry industry among the several state
and federal agencies, commissions, boards, committees,
associations and other entities.
(c) Urge the development of multiple-use sustained-yield
management plans for nonindustrial timber tracts.
(d) Develop products and markets for the grade of materials
that currently comprise a majority of the state's resources.
(e) Recommend a stable and predictable tax program for both
new and existing firms in the state.
(f) Develop a centralized and enhanced protection program
that will reduce risks from fire and pestilence.
(g) Develop financial assistance for the attraction and
expansion of new and existing secondary manufacturing facilities,
with special emphasis on assistance for smaller firms employing
less than twenty persons.
(h) Analyze, prior to implementation, all proposals for use
of state or federal lands impacting upon silviculture, woodland
management, forest management, or the present or future potential
of the land for forest industry development; and provide advice
or comment to the commissioner of the bureau of commerce, the
governor or appropriate federal authorities as to the cost,
soundness and economic or environmental impact of the proposal.
Any such proposal originating from, sponsored by or requiring approval by any agency or instrumentality of the state shall be
referred to the commission for review prior to implementation or
approval, except that no delay in implementation or approval of
a proposal is required if the commission fails to review the
proposal and make recommendations at its next regular meeting.
(h) (i) Utilize recognized research expertise of appropriate
existing educational, public and industrial institutions or
agencies of the state. Research shall include economic
development efforts in West Virginia, including silviculture,
woodland management, forest management, the development of new
products as well as other products designed to aid forestry
(i) (j) Employ, if needed, and only with prior approval of
the West Virginia Legislature's joint committee on government and
finance, such staff as may be necessary. In the event an
executive director may be necessary, such individual shall be a
forestry graduate of a four-year college of forestry and shall,
in addition, have administrative and research experience,
preferably, but not mandatorily, with at least five years'
experience in government.
NOTE: The purpose of this bill is to increase membership of
the West Virginia Forest Management Review Commission by adding
one senator and one delegate and to authorize the commission to
review proposals by state and federal agencies which impact upon
forest management on public lands throughout the state.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that would be added.
This bill is recommended by the Forest Management Review
Committee for passage at the 1995 legislative session.