Senate Bill No. 276
(By Senator Tomblin, Mr. President)
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[Introduced February 7, 1995; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact section five, article twelve, chapter
seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the excusal of
a member from voting where a conflict of interest is
involved.
Be it enacted by the Legislature of West Virginia:
That section five, article twelve, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 12. COUNTY AND MUNICIPAL DEVELOPMENT AUTHORITIES.
§7-12-5. Compensation of members; expenses; excusal 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) Notwithstanding any other section of this code to the
contrary, 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.
The announcement of a direct personal or pecuniary interest and
the excusal from voting upon the question shall also immunize
such member from any criminal sanctions related to the
disqualifying interest.
NOTE: The purpose of this bill is to immunize members of
county and municipal authorities from criminal sanctions relating
to a direct personal or pecuniary interest if such member
announces this fact and requests to be excused from voting.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.