Uniform Public Meetings During Emergencies Act
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SB 296 — Uniform Public Meetings During Emergencies Act
Last action — To House Government Organization
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
154 added · 12 removedPlain-language change summary
The amendments to SB 296 establish clear guidelines for public agencies to hold virtual meetings during emergencies. This includes rules for public participation and observation, ensuring that people can still engage with their government even when in-person meetings aren't possible. Such changes are important because they allow for continued transparency and accessibility in government operations, especially during situations where public safety is a concern.
SB296WEST SFAVIRGINIA RuckerLEGISLATURE #1REGULAR 2-3GrahamSESSION 4841 SenatorEngrossed RuckerSenate movedBill to296 amendBy theSenators billWoodrum, byTrump, strikingKarnes, out everything after the enacting clause and insertingMaynard in[Introduced lieuJanuary thereof19, the2023; following: ARTICLE 9C.
Uniformreferred to the Committee on the Judiciary] Eng SB 296 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto the following new article, designated as §6-9C-1, §6-9C-2, §6-9C-3, §6-9C-4, §6-9C-5, §6-9C-6, §6-9C- 7, §6-9C-8, §6-9C-9, and §6-9C-10, all relating to adopting the Model Public Meetings During Emergencies Act.Act;
setting forth a short title;
defining terms;
providing for virtual meetings;
providing mechanism for authorization of virtual meetings;
setting forth rules for, and conduct of virtual meetings;
providing for public observation of, and public participation in, virtual meetings;
providing for notice of virtual meetings;
providing for rules governing same and exceptions;
providing for procedural rules governing conduct of same;
and establishing relation to the Electronic Signatures in Global and National Commerce Act.
Be it enacted by the Legislature of West Virginia:
ARTICLE 9C.
UNIFORM PUBLIC MEETINGS DURING EMERGENCIES ACT.
In this article:"Electronic"article: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities."Emergency" means an event or condition that is an emergency, disaster, or public health emergency as addressed in §15-5-2 and §15-5-6 of this code."Emergency declaration" means a declaration of emergency issued by a person or agency authorized to do so under §15-5-6 of this code and that is in effect."Meeting" has the same definition as in §6-9A-2 of this code."Person" has the same definition as in §6-9A-2 of this code.
The"Electronic" term does not include a public corporation, government or governmental subdivision, agency, or instrumentality."Public agency" has the same definition as in §6-9A-2 of this code, however, for purposes of this article, it does not include the Legislature."Record" means informationrelating thatto istechnology inscribedhaving onelectrical, adigital, tangiblemagnetic, mediumwireless, oroptical, thatelectromagnetic, is stored in an electronic or othersimilar mediumcapabilities. and is retrievable in perceivable form."Virtual meeting" or "virtually" means a meeting of a public agency or any part thereof, at which some or all of the members of the public agency participate wholly or partly by electronic means.
"Emergency" means an event or condition that is an emergency, disaster, or public health emergency as addressed in §15-5-2 and §15-5-6 of this code.
"Emergency declaration" means a declaration of emergency issued by a person or agency authorized to do so under §15-5-6 of this code and that is in effect.
"Meeting" has the same definition as in §6-9A-2 of this code.
"Person" has the same definition as in §6-9A-2 of this code.
The term does not include a public corporation, government or governmental subdivision, agency, or instrumentality.
"Public agency" has the same definition as in §6-9A-2 of this code, however, for purposes of this article, it does not include the Legislature.
Eng SB 296 "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"Virtual meeting" or "virtually" means a meeting of a public agency or any part thereof, at which some or all of the members of the public agency participate wholly or partly by electronic means.
and the person authorized by law or by rule of the public agency to act for the public agency determines that due to the emergency it would not be practical or prudent for the public agency to meet physically or if the emergency declaration prohibits physical meetings.(b)meetings. If a virtual meeting of a public agency authorized by §6-9C-3(a) of this code complies with the requirements of §6-9C-4, §6-9C-5, and §6-9C-6 of this code, then any action taken at a virtual meeting has the same legal force and effect as an action taken at a physical meeting of the public agency.
(b) If a virtual meeting of a public agency authorized by §6-9C-3(a) of this code complies with the requirements of §6-9C-4, §6-9C-5, and §6-9C-6 of this code, then any action taken at a virtual meeting has the same legal force and effect as an action taken at a physical meeting of the public agency.
(a) A public agency may conduct a virtual meeting while an emergency declaration is in effect that applies to all or part of the jurisdiction of the public agency if:(1)if: The emergency declaration prohibits, limits, or has the effect of prohibiting or limiting an in-person meeting of the public agency;
or(2)(1) The presidingemergency officerdeclaration ofprohibits, thelimits, public agency or otherhas individual authorized to act for the publiceffect agencyof determinesprohibiting it is not practical or prudentlimiting for the public agency to conduct an in-personin- person meeting because of the emergency;public agency;
and(A)or Communicates(2) toThe thepresiding membersofficer of the public agency thator other individual authorized to act for the meetingpublic shallagency bedetermines ait virtualis meeting;not practical or prudent for the public agency to conduct an in-person meeting because of the emergency;
and(B)and Takes(A) reasonableCommunicates steps to informthe members of the public agency that the meeting shall be a virtual meeting.meeting;
and 2 Eng SB 296 (B) Takes reasonable steps to inform members of the public that the meeting shall be a virtual meeting.
(b) Except as provided in §6-9C-5(c) or §6-9C-5(d) of this code, the means used to conduct a virtual meeting shall permit each member of the public agency who attends the meeting to see and hear during the meeting and to be seen and heard by, the other members of the public agency who attend the meeting.(c)meeting. If a member of a public agency is unable to obtain visual access to the virtual meeting but is able to obtain audio access that permits the member, during the meeting, to hear and be heard by the other members of the public agency who attend the meeting, the member may attend by audio access.(d) If a public agency lacks the capacity to provide contemporaneous visual access to a virtual meeting for members of the public agency, the public agency may conduct the meeting by audio-only access that permits each member of the public agency who attends the meeting, to hear and be heard during the meeting by the other members of the public agency who attend the meeting.(e) A member of a public agency who attends a virtual meeting is considered present for allpurposes, including for determination of a quorum and voting, if during the meeting, the member may:(1) For a meeting conducted in compliance with §6-9C-5(b) of this code, see and hear and be seen and heard by the other members of the public agency who attend;
or(2)(c) ForIf a meetingmember conductedof ina compliancepublic withagency §6-9C-5(c)is orunable (d)to ofobtain thisvisual code,access mayto hearthe andvirtual bemeeting heardbut byis theable otherto membersobtain ofaudio theaccess publicthat agencypermits whothe attend.(f)member, Aduring memberthe ofmeeting, ato publichear agencyand whobe attendsheard aby virtualthe meetingother throughmembers electronicof meansthe thatpublic provideagency audio-onlywho accessattend to the meetingmeeting, shall state the member’smember namemay eachattend timeby theaudio memberaccess. speaks.
Failure(d) byIf a memberpublic toagency statelacks the member’scapacity nameto doesprovide notcontemporaneous invalidatevisual anaccess actionto takena atvirtual themeeting virtualfor meeting.(g)members Aof votethe takenpublic atagency, athe virtualpublic meetingagency shallmay beconduct the meeting by aaudio-only processaccess that identifiespermits how each member of the public agency votes.(h)who Theattends minutesthe ofmeeting, ato virtualhear meetingand shallbe includeheard anyduring vote taken, that the meeting was conducted by electronic means, the technologyother used, and which members of the public agency attendedwho byattend electronicthe means.meeting.
(e) A member of a public agency who attends a virtual meeting is considered present for all purposes, including for determination of a quorum and voting, if during the meeting, the member may:
(1) For a meeting conducted in compliance with §6-9C-5(b) of this code, see and hear and be seen and heard by the other members of the public agency who attend;
or (2) For a meeting conducted in compliance with §6-9C-5(c) or (d) of this code, may hear and be heard by the other members of the public agency who attend.
(f) A member of a public agency who attends a virtual meeting through electronic means that provide audio-only access to the meeting shall state the member’s name each time the member speaks.
3 Eng SB 296 Failure by a member to state the member’s name does not invalidate an action taken at the virtual meeting.
Show all 63 changed lines (23 more)
(g) A vote taken at a virtual meeting shall be by a process that identifies how each member of the public agency votes.
(h) The minutes of a virtual meeting shall include any vote taken, that the meeting was conducted by electronic means, the technology used, and which members of the public agency attended by electronic means.
(a) If the open meetings law requires that the public be able to observe all or part of a meeting of a public agency in real time:(1)time: The public agency shall permit the public to observe a virtual meeting or the part of the virtual meeting that would be required to be open to the public if it were part of an in-person meeting;
and(2)(1) The public agency shall providepermit the technologicalpublic means to allow the members of the public who observe thea virtual meeting toor see and hear or, if the publicpart agency conducts the meeting by audio-only access under §6-9C-5(d) of this code, to hear any members of the public authorized by the public agency to speak in the meeting.(b) A document, exhibit, or other record presented to a public agency at a virtual meeting that,that under the open meetings law, would havebe beenrequired available to the public at an in-person meeting, including members of the public observing or participating in a virtual meeting under §6-9C-7 of this code, shall be madeopen available to the public atif theit samewere timepart asof thean virtualin-person meetingmeeting; to the extent practicable.
and (2) The public agency shall provide the technological means to allow the members of the public who observe the virtual meeting to see and hear or, if the public agency conducts the meeting by audio- only access under §6-9C-5(d) of this code, to hear any members of the public authorized by the public agency to speak in the meeting.
(b) A document, exhibit, or other record presented to a public agency at a virtual meeting that, under the open meetings law, would have been available to the public at an in-person meeting, including members of the public observing or participating in a virtual meeting under §6-9C-7 of this code, shall be made available to the public at the same time as the virtual meeting to the extent practicable.
(a) If a law of this state or a political subdivision of the state or a rule, practice, or procedure adopted by the public agency requires that members of the public be permitted to participate in a meeting of the public agency, the public agency to the extent practicable shall permit members of the public to participate in a virtual meeting, subject to the conditions that apply at an in-person meeting of the public agency.(b)4 IfEng membersSB of296 theagency. public are permitted to speak at a virtual meeting, the technology used to conduct the meeting shall permit the members of the public agency and members of the public attending the meeting to hear the members of the public who speak at the meeting.(c) If a public agency considers at a virtual meeting a matter affecting the right or interest of a person entitled by other law of the state or a political subdivision of this state or by rule of the public agency to participate, present evidence, or examine or cross-examine witnesses at an in-person meeting, the public agency shall permit the person to use the same technology that the public agency uses to conduct the virtual meeting, or provide equivalent access, to attend the meeting and present evidence, or examine or cross-examine witnesses in the meeting.(d) If a person to which §6-9C-7(c) of this code applies objects that the virtual meeting does not allow the person to effectively protect the right or interest referred to in §6-9C-7(c) of this code, the public agency shall consider the objection and may proceed with the matter at a virtual meeting if the agency determines that the virtual meeting will allow the person to effectively protect the right or interest.
(b) If members of the public are permitted to speak at a virtual meeting, the technology used to conduct the meeting shall permit the members of the public agency and members of the public attending the meeting to hear the members of the public who speak at the meeting.
(c) If a public agency considers at a virtual meeting a matter affecting the right or interest of a person entitled by other law of the state or a political subdivision of this state or by rule of the public agency to participate, present evidence, or examine or cross-examine witnesses at an in-person meeting, the public agency shall permit the person to use the same technology that the public agency uses to conduct the virtual meeting, or provide equivalent access, to attend the meeting and present evidence, or examine or cross-examine witnesses in the meeting.
(d) If a person to which §6-9C-7(c) of this code applies objects that the virtual meeting does not allow the person to effectively protect the right or interest referred to in §6-9C-7(c) of this code, the public agency shall consider the objection and may proceed with the matter at a virtual meeting if the agency determines that the virtual meeting will allow the person to effectively protect the right or interest.
(a) In addition to any other requirement concerning notice, a public agency, for a meeting of the public agency, shall give notice of a virtual meeting and shall specify that the meeting will be a virtual meeting and the technology that will be used for the virtual meeting.(b)meeting. Notice of a virtual meeting shall specify how:(1) Members of the public may observe the meeting in real time pursuant to §6-9C-6 of this code;(2) Members of the public permitted to participate, present evidence, or examine or cross-examine witnesses at the meeting pursuant to §6-9C-7 of this code may do so;(3) A member of the public may alert the public agency of a technical or quality problems that prevents the member from accessing the meeting;
and(4)(b) ANotice member of the public with a disabilityvirtual maymeeting requestshall aspecify reasonablehow: accommodation to access the meeting.
(1) Members of the public may observe the meeting in real time pursuant to §6-9C-6 of this code;
(2) Members of the public permitted to participate, present evidence, or examine or cross- examine witnesses at the meeting pursuant to §6-9C-7 of this code may do so;
(3) A member of the public may alert the public agency of a technical or quality problems that prevents the member from accessing the meeting;
and 5 Eng SB 296 (4) A member of the public with a disability may request a reasonable accommodation to access the meeting.
The rules may include:(1)include: The means by which the public agency will inform members of the public that a virtual meeting will be held;(2) The effect of a technical or quality problems that interferes with meeting or access to a meeting by a member of the public agency or the public;(3) The means by which a record considered at a meeting is made available to the public agency and, if required by other law, the public;(4) The means for access to a meeting by an individual with a disability;
and(5)(1) The processmeans by which athe personpublic mayagency objectwill underinform §6-9C-7members of this code to the conductpublic ofthat a virtual meeting onwill thebe groundheld; that the procedure denies the person due process of law.
(2) The effect of a technical or quality problems that interferes with meeting or access to a meeting by a member of the public agency or the public;
(3) The means by which a record considered at a meeting is made available to the public agency and, if required by other law, the public;
(4) The means for access to a meeting by an individual with a disability;
and (5) The process by which a person may object under §6-9C-7 of this code to the conduct of a meeting on the ground that the procedure denies the person due process of law.
§ 7003(b). AdoptedRejected7003(b).
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View plain text versions (3)
- Engrossed Engrossed Version pdf
- sb296 sfa rucker _1 2-3 adopted.htm View text Current html
- Introduced Introduced Version pdf
Action History
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To House Government Organization
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To Government Organization
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Introduced in House
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Ordered to House
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Passed Senate (Roll No. 137)
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Read 3rd time
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On 3rd reading
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Floor amendment adopted (Voice vote)
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Committee amendments withdrawn by unanimous consent
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Read 2nd time
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Laid over on 2nd reading 2/2/2023
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On 2nd reading
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Read 1st time
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On 1st reading
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Reported do pass, with amendments
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To Judiciary
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Introduced in Senate
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To Judiciary
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Filed for introduction
Sponsors
- Jack Woodrum · Primary
- Trump · Cosponsor
- Karnes · Cosponsor
- Mark R. Maynard · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 148 not signed on
Sponsors (1)
- Jack Woodrum Republican
Co-sponsors (3)
- Trump
- Karnes
- Mark R. Maynard Republican
Not signed on (148)
148 members have not signed on to this bill.
Show all 148 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 14 | 0 | 0 | 2 |
| Unaffiliated | 16 | 0 | 0 | 1 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 31 | 0 | 0 | 3 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| MARONEY | — | Yea |
| STOVER | — | Not Voting |
| MARTIN | — | Yea |
| STUART | — | Yea |
| BOLEY | — | Yea |
| SWOPE | — | Yea |
| CAPUTO | — | Yea |
| NELSON | — | Yea |
| PHILLIPS | — | Yea |
| PLYMALE | — | Yea |
| TRUMP | — | Yea |
| HAMILTON | — | Yea |
| HUNT | — | Yea |
| JEFFRIES | — | Yea |
| SMITH | — | Yea |
| MR PRESIDENT | — | Yea |
| KARNES | — | Yea |
| Mike Woelfel | Democrat | Yea |
| Amy Grady | Republican | Yea |
| Ben Queen | Republican | Yea |
| Charles H. Clements | Republican | Yea |
| Eric Tarr | Republican | Yea |
| Jack Woodrum | Republican | Yea |
| Jason Barrett | Republican | Yea |
| Jay Taylor | Republican | Yea |
| Laura Wakim Chapman | Republican | Yea |
| Mark R. Maynard | Republican | Yea |
| Mike Azinger | Republican | Not Voting |
| Mike Oliverio | Republican | Yea |
| Patricia Rucker | Republican | Yea |
| Rollan A. Roberts | Republican | Yea |
| Ryan Weld | Republican | Not Voting |
| Tom Takubo | Republican | Yea |
| Vince Deeds | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 296?
- SB 296 is sponsored by Jack Woodrum (Republican), Trump, Karnes, and Mark R. Maynard (Republican).
- What is the current status of SB 296?
- This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 296?
- Track SB 296 free on One Click Politics — get push/email alerts when it moves.
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