Senate Bill 144 History
Senate Bill No. 144
(By Senator Guills)
[Introduced February 9, 2005; referred to the Committee
on Government Organization; and then to the Committee on the
A BILL to amend and reenact §6-9A-11 of the Code of West Virginia,
1931, as amended, relating to giving precedential application
to advisory opinions issued by the committee on open
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
(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.
shall be is binding on the parties requesting the
(b) Any governing body or member thereof that
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 give precedential
application to written advisory opinions issued by the Ethics
Commission's Committee on Open Government Proceedings.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would