SB 240 Text

COMMITTEE SUBSTITUTE
FOR

Senate Bill No. 240
(By Senator Unger)
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[Originating in the Committee on Government Organization;
reported February 12, 2004.]
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A BILL to amend and reenact §6-9A-8 of the code of West Virginia, 1931, 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 §6-9A-8 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9A. OPEN GOVERNMENTAL PROCEEDINGS.
§6-9A-8. Acting by reference; seconds to motions; written ballots.
(a) Except as otherwise expressly provided by law, the members of a public agency may not deliberate, vote or otherwise take official action upon any matter by reference to a letter, number or other designation or other secret device or method which may render it difficult for persons attending a meeting of the public agency to understand what is being deliberated, voted or acted upon. However, this subsection does not prohibit a public agency from deliberating, voting or otherwise taking action by reference to an agenda if copies of the agenda, sufficiently worded to enable the public to understand what is being deliberated, voted or acted upon, are available for public inspection at the meeting.
(b) A governing body with membership of seven or fewer is not required to have a second to a motion presented to the board unless the governing body adopts procedural rules requiring a second to a motion.
~~(b)~~ (c) A public agency may not vote by secret or written ballot.
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(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 fewer members.

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

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