H. B. 4613
(By Delegates Boggs, T. Campbell, Varner, Cann and D. Campbell)
(Originating in the Committee on Finance)
[February 24, 2012]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-15A-9a, relating to creating an advisory committee to advise the Joint Committee on Government and Finance on broadband middle mile project matters.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §31-15A-9a, to read as follows:
ARTICLE 15A. WEST VIRGINIA INFRASTRUCTURE AND JOBS DEVELOPMENT COUNCIL.
§31-15A-9a. Advisory committee on broadband middle mile matters.
(a) There is hereby created a thirteen member advisory committee to review, study and report on whether to authorize the West Virginia Infrastructure and Jobs Development Council to provide grants or loans, or to authorize to issue broadband middle mile revenue bonds when there are sufficient revenues for the issuance of those bonds to provide funding for grants or loans, to facilitate the development, expansion, and implementation of broadband middle mile projects throughout West Virginia as well as to provide recommendations for any legislation required to meet the advisory committee’s recommendations on whether or not such loans, grants or bond issuances should be authorized.
(b) The advisory committee shall consist of:
(1) The Governor or his or her designee, who shall serve as chair;
(2) The Secretary of the Department of Commerce, or his or her designee;
(3) The Secretary of the Department of Administration, or his or her designee, who shall serve as secretary, shall keep records of the advisory committees proceedings, and shall be responsible for preparation of the committees reports; and
(4) The chairman of the Infrastructure and Jobs Development Council, or his or her designee;
(5)Five members selected by the Governor as follows:
(A) A representative of a competitive local exchange carrier;
(B) A representative of a incumbent local exchange carrier; (C) A representative of a cable provider that also provides internet services;
(D) A representative of the largest labor organization representing telecommunications workers in this state; and
(E) A member who represents rural communities; and
(6) In addition to the nine voting members of the committee, the President of the Senate shall name two senators from the West Virginia Senate and the Speaker of the House shall name two delegates from the West Virginia House of Delegates, each to serve in the capacity of an ex officio, nonvoting advisory member of the committee.
(c)(1) The advisory committee shall meet, beginning in March, 2012, and shall report on its progress to the Joint Committee on Government and Finance when requested.
(3) On or before September 1, 2012, the advisory committee shall file a final report with the Joint Committee on Government and Finance setting forth the findings of its study and its recommendations for any legislation required to meet the advisory committee’s recommendations.
(d) The Governor or his or her designee shall appoint one of the other committee members to serve as vice chair. In the absence of the Governor or his or her designee, the vice chair shall serve as chair.
(e) Five voting members of the committee constitute a quorum and the affirmative vote of at least the majority of those members present is necessary for any action taken by vote of the committee.
(f) Members of the committee are not compensated for services performed as members, but receive reasonable and necessary expenses actually incurred in the performance of their duties in a manner consistent with guidelines of the travel management office of the Department of Administration.
(g) The provisions of this section shall expire January 9, 2013.