HB 3412 — Relating to exemptions from disclosure of certain records; and exempting the legislative branch if it adopts its own rules.

HB3412WEST SFATVIRGINIA RuckerLEGISLATURE #1REGULAR 4-9KrausSESSION  7502 SenatorENGROSSED RuckerHouse movedBill to3412 amendBy theDelegates billHanshaw by(Mr. striking out the title and substituting therefor a new title, to read as follows:Eng.

HouseSpeaker), BillKelly, 3412—ARiley, BillGearheart, toCriss, amendEllington, andPhillips, reenact §29B-1-1, §29B-1-2, §29B-1-3, §29B-1-3a, §29B-1-4, §29B-1-5, and §29B-1-7Worrell of[Introduced theMarch Code17, of2025; West Virginia, 1931, relating to modifying certain provisions regarding disclosure of public records;

expandingreferred to the typesCommittee ofon recordsRules] Eng HB 3412 A BILL to amend and informationreenact that§29B-1-2 areof notthe subjectCode of West Virginia, 1931, and to oramend arethe exemptcode fromby pubicadding disclosure;a new section, designated §29B-1-8, relating to public records;

modifyingproviding howexemptions thefrom Freedomdisclosure of Informationcertain Actrecords; is to be construed and removing the presumption of public accessibility;

increasingand exempting the timelegislative periodbranch forif respondingit toadopts recordits requests;own rules.

authorizingBe reasonableit searchenacted andby retrievalthe feeLegislature toof beWest chargedVirginia: for responding to record requests;

removingARTICLE the1. burden on a public body to sustain its action regarding withholding records;

andPUBLIC modifyingRECORDS certain§29B-1-2. provisions regarding the award of attorneys’ fees and costs when access to certain records is denied.

     AdoptedRejectedDefinitions.

As used in this article:

(1) "Custodian" means the elected or appointed official charged with administering a public body.

(2) "Law-enforcement officer" shall have the same definition as this term is defined in W.Va.

Code §30-29-1:

Provided, That for purposes of this article, "law-enforcement officer" shall additionally include those individuals defined as "chief executive" in W.Va.

Code §30-29-1.

(3) "Person" includes any natural person, corporation, partnership, firm or association.

(4) "Public body" means every executive state officer, agency, department, including the executive legislative and judicial departments, division, bureau, board and commission;

every county and city governing body, school district, special district, municipal corporation, and any board, department, commission council or agency thereof;

and any other body which is created by state or local authority or which is primarily funded by the state or local authority.

(5) "Public record" includes any writing containing information prepared or received by a public body, the content or context of which, judged either by content or context, relates to the conduct of the public’s business.

(6) "Writing" includes any books, papers, maps, photographs, cards, tapes, recordings or other documentary materials regardless of physical form or characteristics.

(7) "Publicly-administered utility enterprise" includes electric power generation, transmission, and distribution systems;

water supply and distribution systems;

wastewater Eng HB 3412 including stormwater collection, treatment, and disposal systems of all types;

public transportation systems;

solid waste collection and disposal systems and facilities;

or other public entity providing utility services, excluding airports, which are owned or administered by a governmental entity.

§29B-1-8.

Legislative Exemption.

This article does not apply to the Legislative branch, upon its adoption of rules regulating the disclosure of public records.