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Introduced Version House Bill 4135 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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