H. B. 2126
(By Mr. Speaker, Mr. Chambers and Delegates Phillips
Williams, Richards, Douglas and Vest)
[Introduced February 16, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section six, article nine-a, chapter
six of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to open governmental
proceedings and providing that petitions for injunctive
relief and removing the requirement that the petition for
injunctive relief be filed within thirty days of actions
taken or decisions made by public bodies.
Be it enacted by the Legislature of West Virginia:
That section six, article nine-a, chapter six of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 9A. OPEN GOVERNMENTAL PROCEEDINGS.
§6-9A-6. Enforcement by injunctions; actions in violation of
article voidable; voidability of bond issues.
The circuit court in the county where the public body
regularly meets or the judge thereof in vacation shall have
jurisdiction to enforce this article upon petition by any citizen
of this state who can show good faith and or a valid reason formaking the application. No bond shall be required unless the
petition appears to be without merit or made with the sole intent
of harassing or delaying or avoiding return by the governing
body.
Any injunction granted pursuant to the provisions of this
section may order that actions taken or decisions made in
violation of this article may be enjoined or annulled. if the
petition therefor was filed within thirty days after the actions
were taken or decisions made and An injunction may also order
that subsequent actions be taken or decisions be made in
conformity with the provisions of this article:
Provided,
That
no bond issue that has been passed or approved by any governing
body in this state may be held void under this section if notice
of the meeting at which such bond issue was finally considered
was given at least ten days prior to such meeting by a Class I
legal advertisement published in accordance with the provisions
of article three, chapter fifty-nine of this code in a qualified
newspaper having a general circulation in the geographic area
represented by that governing body.
NOTE: The purpose of this bill is to remove the requirement
that petitions for injunctive relief under the provisions of the
open government meeting law (the sunshine statute) be filed
within thirty days of actions taken or decisions made by a public
body.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.