Senate Bill No. 101
(By Senators Manchin, Anderson, Boley,
Grubb and Macnaughtan)
__________
[Introduced January 20, 1995; referred to the
Committee on the Judiciary.]
__________
A BILL to amend and reenact section eight, article two, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
ethics commission to promulgate legislative rules relating to
guidelines and standards for determining the existence of
disqualifying financial interests.
Be it enacted by the Legislature of West Virginia:
That section eight, article two, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO
PROMULGATE LEGISLATIVE RULES.
§64-2-8. Ethics commission.
(a) The legislative rules filed in the state register on the
thirty-first day of January, one thousand nine hundred ninety-one,
modified by the ethics commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the thirty-first day of October, one thousand nine
hundred ninety-one, relating to the ethics commission
(contributions), are authorized, with the amendment set forth
below:
On page one, subsection 3.4, by striking out the words "use
their official title or position in the endorsement or support of"
and inserting in lieu thereof "endorse".
(b) The legislative rules filed in the state register on the
thirty-first day of January, one thousand nine hundred ninety-one,
modified by the ethics commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the thirty-first day of October, one thousand nine
hundred ninety-one, relating to the ethics commission (gifts), are
authorized, with the amendments set forth below:
On page two, subsection 3.1, by striking out the word "significant";
On page two, section four, subsection 4.1, by striking out
"$20" and inserting in lieu thereof "$25";
On page three, subsection 4.2, after the words "hotel room" by
inserting a period and striking out the remainder of the sentence;
On page three, subsection 5.1, by striking out the word
"unlawful" and inserting in lieu thereof "improper";
On page three, subsection 5.1, after the words "health club
fees" by striking out the period and adding ", unless such expenses
are offered to all of the panelists or speakers.";
On page four, subsection 6.2, by striking out the word
"unlawful" and inserting in lieu thereof "improper".
And,
On page four, section 7, at the end of the section by striking
out the period and adding the following: ":
Provided,
That public
officials and public employees may accept complimentary tickets to
sporting events, if the tickets are incidental to the conduct of
their official or ceremonial duties."
(c) The legislative rules filed in the state register on the
thirty-first day of January, one thousand nine hundred ninety-one, modified by the ethics commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the thirty-first day of October, one thousand nine
hundred ninety-one, relating to the ethics commission (interest in
public contracts), are authorized, with the amendment set forth
below:
On page two, subsection 6.2, by striking out the words
"complete in every particular and including the exact" and
inserting in lieu thereof "including the".
(d) The legislative rules filed in the state register on the
thirty-first day of January, one thousand nine hundred ninety-one,
modified by the ethics commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the thirty-first day of October, one thousand nine
hundred ninety-one, relating to the ethics commission (lobbying),
are authorized, with the amendment set forth below:
On page three, subsection 4.3, after the words "copies of
forms" by inserting a period and striking out the remainder of the
sentence.
(e) The legislative rules filed in the state register on the thirty-first day of January, one thousand nine hundred ninety-one,
modified by the ethics commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the seventeenth day of December, one thousand nine
hundred ninety-one, relating to the ethics commission (private
gain), are authorized, with the amendments set forth below:
On page one, subsection 2.2, after the words "A public
official" by inserting "acting in his or her capacity as a public
official";
On page one, subsection 2.2, after the words "the public
official." by adding a new sentence to read as follows: "The
provisions of this subsection shall not apply to a public official
acting in his or her private capacity.";
On pages one and two, by striking out all of section three;
On pages two through four, by renumbering the remaining
sections;
On page two, subsection 4.1, by striking out the words
"persons in high office" and inserting in lieu thereof "a public
official or public employee";
On page two, subsection 4.1, by striking out the words "close friends" and inserting in lieu thereof "cohabitating sexual
partners";
On page two, subsection 4.2, after the word "sister" by
striking out the remainder of the sentence and inserting in lieu
thereof "or spouse.";
On page two, subsection 4.3, by striking out the words "close
friend" and inserting in lieu thereof "cohabitating sexual
partner";
On page three, subdivision 4.3.b, by striking out the words
"close friend" and inserting in lieu thereof "cohabitating sexual
partner";
On page three, by striking out all of paragraph 4.3.b.2 and
inserting in lieu thereof a new paragraph 4.3.b.2 to read as
follows:
"A public official or public employee should at least have
some independent person take part in the selection. He or she
should avoid using a subordinate for the independent person.";
On page three, by striking out all of subsection 4.4 and
inserting in lieu thereof a new subsection to read as follows:
"4.4 All hiring by public officials and public employees of relatives prior to the twenty-ninth day of February, one thousand
nine hundred ninety-two is not subject to review under the ethics
act, in Chapter 6B of the W. Va. Code.";
On page three, subsection 4.5, by striking out the words
"close friend" and inserting in lieu thereof "cohabitating sexual
partner";
On page three, after subsection 4.5, by adding thereto a new
subsection, designated subsection 4.6, to read as follows:
"4.6 It is improper for a public official or public employee
to terminate the employment of a person without sufficient cause
for the purpose of hiring a relative, friend or political
supporter.";
On page three, subsection 5.2, after the words "supervisor
during work hours.", by adding the following sentence: "This
subsection does not apply to de minimus work or services.";
On page four, by striking out all of subsection 6.2 and
inserting in lieu thereof a new subsection 6.2, to read as follows:
"6.2 Improper Use - Public officials and public employees
shall not use government property for personal projects or
activities that result in private gain. This subsection does not apply to the de minimus use of government property.";
And,
On page four, by striking out all of section 9 and inserting
in lieu thereof a new section 9 to read as follows:
"Full-time appointed public officials and part-time and full-
time public employees may not receive private compensation for
performing private work during public work hours. This section
shall not apply to de minimus private work."
(f) The legislative rules filed in the state register on the
thirty-first day of January, one thousand nine hundred ninety-one,
modified by the ethics commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the seventeenth day of December, one thousand nine
hundred ninety-one, relating to the ethics commission (voting), are
authorized, with the amendments set forth below:
On page one, subsection 2.2, by striking out the second and
third paragraphs of subsection 2.2;
And,
On page one, after subsection 2.3, by adding a new subsection,
designated subsection 2.4 to read as follows:
"2.4 In any case where a Senator or Delegate is voting as
part of their official duties of office, the members of the Senate
and the members of the House of Delegates are governed by the rules
of their respective houses. The provisions of subsection 2.3 of
this rule shall not apply to members of the Legislature when acting
as a member thereof."
(g) The legislative rules filed in the state register on the
thirty-first day of January, one thousand nine hundred ninety-one,
modified by the ethics commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the seventeenth day of December, one thousand nine
hundred ninety-one, relating to the ethics commission (employment),
are authorized, with the amendments set forth below:
On page two, subsection 3.3, by striking out the words "if
there is a reasonable probability that the person will be
regulated. There must be" and inserting in lieu thereof "upon";
On page two, subdivision 4.2.c, after the word "prohibition"
by inserting the words "for all practical purposes";
On page three, by striking out all of subsections 4.5, 4.6 and
4.7;
And,
On page three, by renumbering the remaining subsections.
(h) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred ninety-two,
modified by the ethics commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twentieth day of January, one thousand nine hundred
ninety-three, relating to the ethics commission (complaints,
investigations and hearings), are authorized.
(i) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred ninety-two,
modified by the ethics commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twentieth day of January, one thousand nine hundred
ninety-three, relating to the ethics commission (ethics
commission), are authorized.
(j) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred ninety-two,
modified by the ethics commission to meet the objections of the
legislative rule-making review committee and refiled in the state register on the twentieth day of January, one thousand nine hundred
ninety-three, relating to the ethics commission (advisory
opinions), are authorized.
(k) The legislative rules filed in the state register on the
eighth day of April, one thousand nine hundred ninety-four,
modified by the ethics commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-third day of August, one thousand nine
hundred ninety-four, relating to the ethics commission (guidelines
and standards for determining the existence of disqualifying
financial interests), are authorized.
NOTE: The purpose of this bill is to authorize the Ethics
Commission to promulgate legislative rules relating to guidelines
and standards for determining the existence of disqualifying
financial interests.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.