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Introduced Version Senate Bill 195 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 195

(By Senator White)

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[Introduced January 10, 2008; referred to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29B-1-8, relating to civil penalties for failure to comply with freedom of information requests.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §29B-1-8, to read as follows:
ARTICLE 1. PUBLIC RECORDS.

§29B-1-8. Violation of article; civil penalties.

In addition to the criminal penalties imposed on any custodian of any public records who willfully violates the provisions of this article, and regardless of whether a suit is filed under the provisions of section five of this article, a custodian shall also be fined one hundred dollars if the custodian fails to comply with a reasonable request to inspect a public record within a month of the request being made. The fine shall increase by one hundred dollars a month for each month the custodian fails to comply or until a court order is made pursuant to the provisions of section five of this article, whichever first occurs.



NOTE: The purpose of this bill is
to impose civil penalties for failure to comply with freedom of information requests . The penalty is in increments of $100 for each month a custodian fails to comply or until a court orders compliance.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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