SB 457 Text

158 CSR 7

Senate Bill No. 457
(By Senators Minard, Fanning, Prezioso and Facemyer)
__________
[Introduced January 25, 2008; referred to the
Committee on the Judiciary.]
__________

A BILL to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to the solicitation and receipt of gifts and charitable contributions by public employees and officials.

Be it enacted by the Legislature of West Virginia:
That article 2, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

§64-9-1. Ethics Commission.
The legislative rule filed in the state register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section two, article two, chapter six-b, of this code, modified by the Ethics Commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, two thousand eight, relating to the Ethics Commission (solicitation and receipt of gifts and charitable contributions by public employees and officials, 158 CSR 7), is authorized with the amendments set forth below:
On page six, section six, by deleting subsections 6.8 and 6.9 in their entirety and inserting in lieu thereof the following:
"6.8. Fund-raising activities based on an exchange of value are not gift solicitations and are permissible."
On page six, section six by renumbering the remaining subsection;
On page six, section seven, subdivision 7.1.a., after the word "months" by adding the following:
"This subsection does not apply to purely law enforcement agencies, officials or employees who do not actually regulate or exercise regulatory control over other persons but merely enforce existing laws and rules";
On page six, section seven, subsection 7.2., after the word "agency " by adding the following:
"This subsection does not apply to purely law enforcement agencies, officials or employees who do not actually regulate or exercise regulatory control over other persons but merely enforce existing laws and rules";
On page six, section seven, subsection 7.4, by deleting the words "or infer";
On pages six and seven, section seven by deleting subsections 7.5 and 7.6 in their entirety;
On page seven, section eight, subsection 8.3, by deleting the subsection in its entirety and inserting in lieu thereof the following:
"8.3 Law enforcement officers may not solicit for charity while in uniform except as otherwise provided for in this rule, but may show identification upon request.";
On page seven, section eight, subsection 8.4, by deleting the words "or members of an association of law enforcement officers";
On pages seven and eight, section eight, subsection 8.5, by deleting the subsection in its entirety and inserting in lieu thereof the following:
"Law enforcement officers or associations composed of law enforcement officers may not provide signs, stickers, decals or other items of display by individual donors showing whether or not a donation has been made on account of any charitable contribution solicited on behalf of law enforcement officers or their association, unless the signs, stickers, decals or other items of display contain the following disclaimer: 'The holder of this item is not entitled to any special treatment.'; Provided, That certificates, plaques or other items of display which are not intended for display on motor vehicles may be distributed to donors; Provided, However, That an association may provide to its members who are currently serving as law enforcement officers, or who previously served as law enforcement officers, a sign, sticker, decal or other item of display, including those items intended for display in a motor vehicle, which demonstrate that a present or former law enforcement officer is a member of an association or fraternal group primarily composed of law enforcement officers, without the inclusion of the disclaimer." ;
On page eight, section eight, subsection 8.7, by deleting the subsection in its entirety and inserting in lieu thereof the following:
"8.7 Law enforcement officers may not pick up a donation while in uniform except as otherwise provider for in this rule.";
And,
On page eight, section eight, subsection 8.8, by deleting the words "such as a sale of baked goods or a car wash".

NOTE: The purpose of this bill is to authorize the Ethics Commission to promulgate a legislative rule relating to the Solicitation and Receipt of Gifts and Charitable Contributions by Public Employees and Officials.
This section is new; therefore, strike-throughs and underscoring have been omitted.

Print On Demand