Senate Bill No. 208

(By Senators Helmick, Ross, Minear, Sharpe, Deem, Boley, Craigo, Bowman, Yoder, Kimble, Manchin, Dittmar and Schoonover)

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[Introduced January 30, 1995; referred to the Committee
on the Judiciary.]
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A BILL 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 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.

Any person employed by, owning an interest in, or otherwise associated with a public utility company as defined in chapter twenty-four, article one, section two of this code, or bank as defined in chapter thirty-one-a, article one, section two of this code, may serve as a board member and shall not be disqualified from serving as a board member because of a conflict of interest as defined in chapter sixty-one, article ten, section fifteen of this code, and shall not be subject to prosecution under the provisions of chapter sixty-one, article ten, section fifteen of this code, 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 in section five of this article.
§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) Each member present during any meeting of the authority when any question is put, shall vote unless he or she is immediately and particularly interested therein. Before such a question is put, any member having direct personal or pecuniary interest therein shall announce this fact and request to be excused from voting. The presiding officer of the meeting or a majority of the members present may then excuse the member from voting upon the question. The disqualifying interest must be such as affects the members directly, and not as one of a class. Whenever a person associated with a public utility or bank as provided 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.




NOTE: The purpose of this bill is to allow persons associated with a utility or bank to serve on a local development authority without creating an ethics violation per section fifteen, article two, chapter sixty-one of the code, when the authority has dealings or does business with the utility or bank and the associated person recuses him or herself from the conflicting activity.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added. Section four has been completely rewritten; therefore, strike-throughs and underscoring have been omitted.

This bill was recommended for passage at the 1995 legislative session by the Joint Standing Committee on the Judiciary.