ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 365

(By Senators Miller, Snyder and Williams)

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[Originating in the Committee on Government Organization;

reported January 22, 2014.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c; to amend said code by adding thereto a new section, designated §19-21A-4a; and to amend said code by adding thereto a new section, designated §61-10-15a, all relating to elected conservation district supervisors; providing an exemption to qualified elected conservation district supervisors and their immediate family to participate in West Virginia Conservation Agency programs from certain provisions of the West Virginia Ethics Act; authorizing emergency and legislative rule-making authority for the State Conservation Committee to establish qualifications for persons, including elected conservation district supervisors and their immediate family, to participate in West Virginia Conservation Agency programs; providing that the elected conservation district supervisors cannot participate in establishing the ranking process nor vote on matters affecting the elected conservation district supervisor or his or her immediate family; providing an appeal process; and exempting elected conservation district supervisors from pecuniary interest provisions of crimes against public policy.

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, that said code be amended by adding thereto a new section, designated §19-21A-4a, and that said code be amended by adding thereto a new section, designated §61-10-15a, all to read as follows:

CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.

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. Exception.

    The provisions of section five of this article do not apply to elected conservation district supervisors and their immediate family when the elected conservation district supervisor qualifies, under the legislative rules established by the State Conservation Committee pursuant to section four-a, article twenty-one-a, chapter nineteen of this code, to participate in West Virginia Conservation Agency programs: Provided, That the elected conservation district supervisor does not participate in the ranking process for applicants and does not consider, act or vote on matters that affect the elected conservation district supervisor or his or her immediate family.

CHAPTER 19. AGRICULTURE.

ARTICLE 21A. CONSERVATION DISTRICTS.

§19-21A-4a. Rulemaking.

    (a) The State Conservation Committee shall propose rules for legislative approval, pursuant to article three, chapter twenty-nine-a of this code, to establish:

    (1) The criteria, ranking and standards required for an applicant, including an elected conservation district supervisor and his or her immediate family, to qualify to participate in West Virginia Conservation Agency programs;

    (2) A process to disclose the recipients of the award, including the elected conservation district supervisor; and

    (3) The process for an unsuccessful qualified applicant to appeal an award given to a conservation district supervisor.

    (b) The State Conservation Committee may propose emergency rules for legislative approval, pursuant to article three, chapter twenty-nine-a of this code, to establish the criteria, ranking and standards required for an applicant, including an elected conservation district supervisor and his or her immediate family, to qualify to participate in West Virginia Conservation Agency programs.

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.

§61-10-15a. Exception.

    The provisions of section fifteen of this article do not apply to elected conservation district supervisors and their immediate family when the elected conservation district supervisor qualifies, under the legislative rules established by the State Conservation Committee pursuant to section four-a, article twenty-one-a, chapter nineteen of this code, to participate in West Virginia Conservation Agency programs: Provided, That the elected conservation district supervisor does not participate in the ranking process for applicants and does not consider, act or vote on matters that affect the elected conservation district supervisor or his or her immediate family.