Introduced Version
House Bill 2194 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2194
(By Delegates Morgan, Staggers and Swartzmiller)
[Introduced February 13, 2013; 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 establishing 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 it is in the best interest of the
state to have a rule establishing guidelines under which a member
of a state professional licensing board may serve concurrently as
an officer of a state professional association and 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.
§6B-2-5c is new; therefore, it has been completely
underscored.