Senate Bill No. 451
(By Senators Humphreys and Grubb)
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[Introduced February 21, 1994 referred to the Committee
on the Judiciary.]
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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 public
records generally; and including records of certain entities
with the principal purpose of supporting certain programs at
public institutions of higher education as public records.
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; and any other body which performs a
public function on behalf of a public body including, but not
limited to, any entity whose principal purpose is to support one
or more programs, facilities, or research or educational
opportunities offered by public institutions of higher education:
Provided, That nothing may require the disclosure of the source
of any contribution to any body or entity when the contributor
requests anonymity.
(4) "Public record" includes any writing containing
information relating to the conduct of the public's business,
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 include the records of
entities which perform a public function on behalf of the state
with the principal purpose of supporting certain programs at
public institutions of higher education as public records.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new languagethat would be added.