FISCAL NOTE
Date Requested: March 04, 2025
Time Requested: 04:14 PM |
| Agency: |
Secretary of State |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 3407 |
Introduced |
HB3140 |
|
|---|
| CBD Subject: |
Records and Papers |
|---|
|
FUND(S):
N/A
Sources of Revenue:
Other Fund N/A
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
This measure will have no impact on costs and revenues of the Secretary of State's Office - provided that any penalty is levied on the public body who is responsible for entering information onto the Secretary of State's portal.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2025
Increase/Decrease
(use"-") |
2026
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
N/A.
Memorandum
The bill in subsection (b)(3)(B) states that exceptions to the confidentiality provision are "requests made where public interest outweighs privacy concerns, as determined by the Secretary of State..." However, there are no safeguards in the bill to protect the Office against a dispute if the Office makes a determination in accordance with this language which may lead to increased agency costs and legal fees.
The bill in subsection (g)(2) states "any failure to redact a requester's identity from public records shall be considered a violation of this article, subject to penalties as provided in" W.Va. Code ยง29B-1-6. Public bodies enter information into the portal, not the Secretary of State's Office. It is unclear whether there is a duty for our Office to monitor entries and redact PII. If such a duty is read into the bill, it may lead to increased agency costs and legal fees.
Person submitting Fiscal Note: David Cook
Email Address: dcook@wvsos.com