H. B. 4582
(By Delegate Miley)
[Introduced February 17, 2012; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §29B-1-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §29B-1-3a, all relating to expanding the scope of the Freedom of Information Act to include records held by a nongovernmental body or entity which receives funding from state or local government; creating an exemption if funds are deposited into a dedicated account; and providing effective date.
Be it enacted by the Legislature of West Virginia:
That §29B-1-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §29B-1-3a, all to read as follows:
ARTICLE 1. PUBLIC RECORDS.
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.
(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 or a body or entity receiving funds from a state or local authority.
(5) "Writing" includes any books, papers, maps, photographs, cards, tapes, recordings or other documentary materials regardless of physical form or characteristics.
§29B-1-3a. Public finance records possessed by nongovernmental body.
(a) Any nongovernmental body or entity that receives public funds is subject to the provisions of this article unless it places all public moneys in a dedicated bank account which is not comingled with other funds. If all public moneys are deposited in a dedicated account, then only information relating to expenditures from the dedicated account is subject to this article.
(b) This section shall be effective on January 1, 2013, and applies only to funds received on or after the effective date.
NOTE: The purpose of this bill is to expand the scope of the Freedom of Information Act to include records held by a nongovernmental body or entity which receives funding from state or local government; to create an exemption if funds are deposited into a dedicated account; and to provide effective date.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.