SB 144 Text

President Majority Leader Members Committees District Maps Audio Senate Clerk Senate Rules

Speaker Members Committees District Maps Audio House Clerk House Rules

Interim Committees Budget & Fiscal Affairs Court of Claims Crime Victims LASD Legislative Services PERD Post Audit Public Information Rule-Making Review Special Investigations Joint Rules Staff Only

Bill Status

Bill Status Bill Tracking

WV Code

WV Code WV Constitution US Constitution

Audits/ Reports

State Agency Grant Awards State Agency Reports Legislative Audit Reports Post Audit Reports

Educational

Citizen’s Guide Internship Program Page Program Back to School Program Publications Capitol Photo Gallery Capitol History How a Bill Becomes Law

Contact

Senate Roster House Roster Public Information Webmaster Helpful Links

Introduced Version Senate Bill 144 History

DOWNLOAD wpd |

sb144 intr 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 Judiciary.]
____________

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 governmental meetings.

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 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 be added.