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.
ยง29B-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.