H. B. 3169


(By Delegates Kominar, Varner and Swartzmiller)
[Introduced February 21, 2003; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section eleven, article nine-a, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section three, article two, chapter six-b of said code, all relating to requiring advisory opinions to be published and indexed on the internet; maintaining confidentiality.

Be it enacted by the Legislature of West Virginia:
That section eleven, article nine-a, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section three, article two, chapter six-b, as amended, be amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
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) All advisory opinions must be promptly published and indexed on the internet by the commission and published and indexed in the code of state rules by the secretary of state: Provided, That before an advisory opinion is made public, any material which may identify the person who is the subject of the opinion must to the fullest extent possible, be deleted and the identity of the person may not be revealed. 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.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS;

CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES; DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES.
§6B-2-3. Advisory opinions; enforcement; applicability; legislative review; rule making.

A person subject to the provisions of this chapter may make application in writing to the ethics commission for an advisory opinion on whether an action or proposed action violates the provisions of this chapter or the provisions of section fifteen, article ten, chapter sixty-one of this code and would thereby expose the person to sanctions by the commission or criminal prosecution. The commission shall respond within thirty days from the receipt of the request by issuing an advisory opinion on the matter raised in the request. All advisory opinions shall must be promptly published and indexed on the internet by the commission and published and indexed in the code of state rules by the secretary of state: Provided, That before an advisory opinion is made public, any material which may identify the person who is the subject of the opinion shall must, to the fullest extent possible, be deleted and the identity of the person shall may not be revealed. A person subject to the provisions of this chapter may rely upon the published guidelines or an advisory opinion of the commission, and any person acting in good faith reliance on any such published guideline or advisory opinion shall be is immune from the sanctions of this chapter and the sanctions of section fifteen, article ten, chapter sixty-one of this code, and shall have has an absolute defense to any criminal prosecution for actions taken in good faith reliance upon any such the opinion or guideline in regard to the sanctions of this chapter and the sanctions of section fifteen, article ten, chapter sixty-one of this code.



NOTE: The purpose of this bill is to require the Ethics Commission to publish ethics and open governmental proceedings advisory opinions on the internet.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.