H. B. 2513
(By Delegates Manchin, Prunty and Caputo)
[Introduced
February 23, 2001
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two, article one, chapter
twenty-nine-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to freedom of
information; requiring public disclosure by any agency or
organization receiving state or federal funds.
Be it enacted by the Legislature of West Virginia:
That section two, article one, chapter twenty-nine-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. PUBLIC RECORDS.
§29B-1-2. Definitions.
As used in this article:
(1) "Custodian" means the elected or appointed official
charged with administering a public body.
(2) "Person" includes any natural person, corporation,
partnership, firm or association.
(3) "Public body" means every 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;
any agency or organization in the state which
receives federal funds; and any agency or organization which
receives state funds.
(4) "Public record" includes any writing containing
information relating to the conduct of the public's business,
or
the use of federal or state funds prepared, owned and retained by
a public body.
(5) "Writing" includes any books, papers, maps, photographs,
cards, tapes, recordings or other documentary materials regardless
of physical form or characteristics.
NOTE: The purpose of this bill is to require disclosure under
the freedom of information act of records of agencies or
organizations receiving state or federal funds.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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