Senate Bill No. 145
(Senators Wagner, Miller and Yoder, original sponsors)
[Passed February 20, 1995;
in effect ninety days from passage.]
AN ACT 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.
(a) In addition to the appointing agencies as provided for in
section three of this article, such other persons, firms,
unincorporated associations and corporations, which reside or
maintain offices in the county of the development authority, are
eligible to participate in and request the governing body to appoint members to the development authority as the said authority
by its bylaws provides. Members can also be drawn from citizens of
a county contiguous to the county in which the county development
authority is located regardless of their state of residence.
(b) 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
§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.