HB 2194 Text

H. B. 2194

          (By Delegates Morgan, Staggers and Swartzmiller)
          [Introduced February 13, 2013; 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 establishing 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 it is in the best interest of the state to have a rule establishing guidelines under which a member of a state professional licensing board may serve concurrently as an officer of a state professional association and 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.

   §6B-2-5c is new; therefore, it has been completely underscored.

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