Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version House Bill 2328 History

DOWNLOAD  wpd  |  Email


hb2328 intr
H. B. 2328


(By Delegate Amores)

[Introduced February 14, 2005 ; referred to the

Committee on the Juciciary.]





A BILL to amend and reenact §6-9A-11 of the code of West Virginia, 1931, as amended, relating to advisory opinions of the West Virginia ethics commission committee generally and providing that reliance on a written advisory opinion is a defense in certain actions.

Be it enacted by the Legislature of West Virginia:
That §6-9A-11 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9A. OPEN GOVERNMENTAL PROCEEDINGS.
§6-9A-11. Request for advisory opinion; maintaining confidentiality.

(a) Any governing body or member thereof subject to the provisions of this article may seek advice and information from the executive director of the West Virginia ethics commission or request in writing an advisory opinion from the West Virginia ethics commission committee on open governmental meetings as to whether an action or proposed action violates the provisions of this article. The executive director may render oral advice and information upon request. The committee shall respond in writing and in an expeditious manner to a request for an advisory opinion. The opinion shall be is binding on the parties requesting the opinion.
(b) Any governing body or member thereof that seeks an advisory opinion and acts in good faith reliance on the a written advisory opinion has an absolute defense to any civil suit or criminal prosecution for any action taken in good faith reliance on the opinion unless the committee was willfully and intentionally misinformed as to the facts by the body or its representative.
(c) The committee and commission may take appropriate action to protect from disclosure information which is properly shielded by an exception provided for in section four of this article.



NOTE: The purpose of this bill is to provide that reliance on a written opinion of the West Virginia ethics commission committee is an absolute defense to certain criminal actions.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****