Senate Bill No. 145
(By Senators Wagner, Miller and Yoder)
[Originating in the Committee on the Judiciary;
reported January 26, 1995.]
A BILL to amend and reenact sections four and five, article twelve,
chapter seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, all relating to excepting
certain board members of local development authorities from
being in violation of the state ethics law solely by serving
on an authority board.
Be it enacted by the Legislature of West Virginia:
That sections four and five, article twelve, chapter seven of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 12. COUNTY AND MUNICIPAL DEVELOPMENT AUTHORITIES.
§7-12-4. Qualifications of members.
Any person employed by, owning an interest in, or otherwise
associated with a public utility company as defined in section two
article one, chapter twenty-four of this code, or bank as defined
in section two, article one, chapter thirty-one-a of this code may
serve as a board member and shall not be disqualified from serving as a board member because of conflict of interest as defined in
section fifteen, article ten, chapter sixty-one of this code, and
shall not be subject to prosecution under the provisions of said
section, when the violation is created solely as a result of his or
her relationship with the bank or public utility. This member must
recuse himself or herself from board participation regarding the
conflicting issue as provided for in section five of this article.
§7-12-5. Compensation of members; expenses; recusal of member from
voting where conflict of interest involved.
(a) No member of the authority shall receive any compensation,
whether in formal salary, per diem allowance or otherwise, in
connection with his or her services as such member. Each member
shall, however, be entitled to reimbursement by the authority for
any necessary expenditures in connection with the performance of
his or her general duties as such member.
(b) Whenever a person associated with a public utility or bank
as set out in section four of this article has a conflict of
interest between the board and that public utility or bank, then he
or she must recuse himself or herself from any vote, discussion or
other activity associated with the board or its members that
creates the conflict of interest.