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H e a d l i n
e s . . .
March 7, 2001 |
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WEST VIRGINIA LAWMAKERS BACK ISU-DRIVEN
LEGISLATION
Weirton, W.Va.
-- Legislators who represent the Mountain State are optimistic that their
colleagues will approve a bill which was proposed by the Independent
Steelworkers Union to aid the struggling steel
industry.
Sen. Ed Bowman, D-Hancock,
introduced Senate Bill 414 (also known as Action in Suits - Unfair
Trading) on Tuesday. The legislation was referred to a special economic
development committee and could be voted on within a week. Del. Randy
Swartzmiller, also D-Hancock, plans to introduce the same bill in the
House later this week or early next week. If approved, the law would be
known as the Unfair Trade Practices Act.
"This
bill would apply to people in our country who are guilty of importing
products and selling them in this country at below market value," said
Bowman. "It applies to all products, not just steel. Anyone who purchases
products from a foreign country or sells them could be sued for damages
which might be inflicted upon a U.S. company as a direct result of their
actions."
Swartzmiller said the bill is
based on the Anti-Dumping Act of 1916 with the addition of some modified
language. The proposal pending before legislators states:
"The
purpose of this bill is to provide a cause of action for injunctive
relief, damages, costs and attorney fees for a person residing, working or
doing business in the state and who is injured by the unlawful importation
or sale in this country of foreign-made products below the value of the
articles in foreign countries. Violators would also be subject to
misdemeanor penalties provided by the state's Unfair Trade Practices
Act."
According to Swartzmiller, the
International Trade Commission would determine whether a U.S. company or
worker has been harmed by the importation and the offender could face
civil action.
"If there is a civil award,
the proceeds would be dispersed among the employees of the company that
was injured," said Bowman. "Individual employees could also bring an
action under this bill, if they believe they were laid off or harmed in
any way by someone buying or selling foreign steel in the United
States."
ISU President Mark Glyptis said
the proposed bill should be a warning to anyone who is currently obtaining
steel or other products from a foreign source or selling imported goods in
the domestic market.
"This should be a
wakeup call that our state legislators are working hard to make sure these
violators don't get away with hurting American companies and American
workers," said Glyptis. "Any individual or company that might be
conducting this type of business should realize that they could face
substantial court costs to defend their actions and subsequent civil
penalties that could amount to thousands and thousands of
dollars."
Bowman said the steel import
situation is primarily a federal problem and needs to be addressed with a
comprehensive national solution. However, he said the Unfair Trade
Practices Act would give West Virginia some authority in taking action
against those who violate the
law.
Another piece of legislation which
is quickly moving through the channels on its way to Gov. Bob Wise for
passage is the West Virginia American Steel Act of 2001. This bill,
proposed by the governor, specifies that domestic steel should be the
product of preference on all projects where state funds are
involved.
The measure, virtually
identical to the one passed by the Ohio House on Tuesday, was previously
approved by the West Virginia Senate and given the nod by the House on
Wednesday. The bill would impose fines equal to 1 1/2 times the value of
the steel used in the project where a violation
occurred.
"These bills will send a loud
message to Washington and, hopefully, other steel-producing states will
follow suit with similar legislation," said Swartzmiller. "We aren't going
to sit by and watch our industry disappear. We're going to take whatever
action is necessary to protect the companies that are located here and
their employees."
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