H. B. 4515

(By Delegates Amores, Palumbo, Houston, Ellem and Foster)

[Introduced February 18, 2004; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact §6-9A-11 of the code of West Virginia, 1931, as amended, giving precedential application to advisory opinions issued by the committee on open governmental meetings.

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 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.
(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.

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