COMMITTEE SUBSTITUTE
FOR
H. B. 2328
(By Delegate Amores)
(Originating in the Committee on the Judiciary)
[January 25, 2006]
A BILL to amend and reenact §6-9A-11 of the code of West Virginia,
1931, as amended, relating to advisory opinions of the West
Virginia Ethics Commission Committee generally and providing
that reliance on a written advisory opinion is a defense in
certain actions.
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 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.
A governing body or
member thereof that acts in good faith reliance on a written
advisory opinion has an absolute defense to any civil suit or
criminal prosecution for any action taken in good faith reliance on
a written opinion of the West Virginia Ethics Commission Committee,
as long as underlying facts and circumstances surrounding the
action were the same or substantially the same as those being
addressed by the written opinion.
(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 provide that reliance on
a written opinion of the West Virginia ethics commission committee
is an absolute defense to certain criminal actions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
