H. B. 4135
(By Delegates Morgan, Stephens, Swartzmiller, Talbott,
Staggers, C. Miller, Hartman and Ross)
[Introduced January 19, 2010; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §6B-2-5c, relating to
authorizing the Ethics Commission to promulgate a legislative
rule to establish guidelines under which a member of a state
professional licensing board may serve concurrently as an
officer of a state professional association.
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 §6B-2-5c, to read as
follows:
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES;
DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC
OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC
AGENCIES; CODE OF CONDUCT FOR ADMINISTRATIVE LAW
JUDGES.
§6B-2-5c. Legislative findings; legislative rule for appointees to professional licensing boards.
(a) The Legislature finds that it is in the best interest of
the state to have a rule to establish guidelines under which a
member of a state professional licensing board may serve
concurrently as an officer of a state professional association, to
ensure that the concurrent service does not impair the board
member's impartiality and independent judgment.
(b) The commission may propose a rule for legislative approval
in accordance with the provisions of article three, chapter twenty-
nine-a of this code, to establish guidelines under which a member
of a professional licensing board governed by the provisions of
chapter thirty of this code may serve concurrently as an officer of
a state professional association. The rule may include, but is not
limited to:
(1) Receipt by the board member of anything of value,
including gifts, meals, travel and lodging expenses, conference
tuition, fees and honorariums;
(2) Abstention from deliberating and voting on matters before
the board relating to business of the association or its members;
(3) Limitations on the board member's practice before a state
board, agency, commission or department;
(4) Financial disclosure requirements; and
(5) Any other matters the commission determines are necessary
to meet the purposes of this section.
NOTE: The purpose of this bill is to authorize the Ethics
Commission to promulgate a legislative rule to establish guidelines
under which a member of a state professional licensing board may
serve concurrently as an officer of a state professional
association.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.