Senate Bill No. 586
(By Senator Unger)
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[Introduced February 17, 2003; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact section five, article nine-a, chapter
six of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to boards and commissions;
and providing that governing bodies of public agencies need
not have a second to a motion if the governing body has seven
or less members.
Be it enacted by the Legislature of West Virginia:
That section five, 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-5. Minutes.
Each governing body shall provide for the preparation of
written minutes of all of its meetings. Subject to the exceptions
set forth in section four of this article, minutes of all meetings except minutes of executive sessions, if any are taken, shall be
available to the public within a reasonable time after the meeting
and shall include, at least, the following information:
(1) The date, time and place of the meeting;
(2) The name of each member of the governing body present and
absent;
(3) All motions, proposals, resolutions, orders, ordinances
and measures proposed, the name of the person proposing the same
and their disposition: Provided, That a governing body with
membership of seven or less are not required to have a second to a
motion presented to the board; and
(4) The results of all votes and, upon the request of a
member, pursuant to the rules, policies or procedures of the
governing board for recording roll call votes, the vote of each
member, by name.
NOTE: The purpose of this bill is to
provide that governing
bodies of public agencies need not have a second to a motion if the
governing body has seven or less members.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.