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2002 SESSION

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021156946
HOUSE BILL NO. 483 Offered January 9, 2002 Prefiled January 8, 2002 A BILL to amend and reenact § 15.2-1415 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-72.1, relating to public comment at meetings of governing bodies and school boards. ---------- Patrons-- Suit (By Request), Carrico, Drake, Johnson and McDonnell ---------- Referred to Committee on Counties, Cities and Towns ----------

Be it enacted by the General Assembly of Virginia:

1. That § 15.2-1415 of the Code of Virginia is amended and reenacted, and that the Code of Virginia is amended by adding a section numbered 22.1-72.1 as follows:

§ 15.2-1415. At what meetings governing body may act.

Unless otherwise specially provided, a governing body may exercise any of the powers conferred upon it at any meeting of the governing body, regular, special or adjourned at which a quorum is present. A majority of the governing body shall constitute a quorum. Meetings of governing bodies shall be subject to the applicable provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and members of the governing body shall provide a reasonable opportunity for members of the public to comment on matters of concern, official action or deliberation that are or may be before the governing body prior to taking official action. If the governing body determines that there is insufficient time at its meeting to permit public comment, the governing body may defer the comment period to the next regular meeting or to a special meeting occurring in advance of the next regular meeting. Governing bodies shall not prohibit public criticism of policies, procedures, programs or services of the governing body, or of acts or omissions of public officials relating to matters of public concern. Nothing in this section shall be construed to prohibit a governing body from adopting, by official action, rules and regulations necessary for the conduct of its meetings and the maintenance of order, including accepting all public comment at the beginning of the meeting and setting reasonable time limits on individual speakers.

§ 22.1-72.1. Public comment at school board meetings.

A school board shall provide a reasonable opportunity at public meetings for members of the public to comment on matters of concern, official action or deliberation that are or may be before the board prior to taking official action. If the board determines that there is insufficient time at its meeting to permit public comment, the board may defer the comment period to the next regular meeting or to a special meeting occurring in advance of the next regular meeting. School boards shall not prohibit public criticism of policies, procedures, programs or services of the board, or of acts or omissions of public officials relating to matters of public concern. Nothing in this section shall be construed to prohibit a school board from adopting, by official action, rules and regulations necessary for the conduct of its meetings and the maintenance of order, including accepting all public comment at the beginning of the meeting and setting reasonable time limits on individual speakers.