SENATE CONCURRENT RESOLUTION NO. 91

(By Senators Palumbo, Wills, Beach, Browning, Foster, Jenkins, Kirkendoll, Klempa, Minard, Snyder, Williams, K. Facemyer and Nohe)

[Originating in the Committee on the Judiciary]

Requesting the Joint Committee on Government and Finance to study the West Virginia Freedom of Information Act, its definitions and exemptions to ensure that the definitions and exemptions are just and appropriate to further the purpose of the act.

    Whereas, The Legislature finds that the West Virginia Freedom of Information Act has a clear purpose that the Legislature intended to be the effect of the original Act; and

    Whereas, The Legislature finds that the definitions in the West Virginia Freedom of Information Act have been the subject of much debate; and

    Whereas, The Legislature finds that the West Virginia Freedom of Information Act contains exemptions for certain documents that may be applied incorrectly or could be interpreted incorrectly; and

    Whereas, The Legislature finds that the West Virginia Freedom of Information Act was based on the Federal Freedom of Information Act; and

    Whereas, The Legislature finds that it is in the best interest of the people of the State of West Virginia that the West Virginia Freedom of Information Act be interpreted consistently and properly to effectuate the purpose of the Act; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the West Virginia Freedom of Information Act, its definitions and exemptions to ensure that the definitions and exemptions are just and appropriate to further the purpose of the act; and, be it

    Further Resolved, That the Joint Committee on Government and Finance study the need for amending, expanding or limiting the exemptions contained in the West Virginia Freedom of Information Act to ensure that the act is interpreted consistently with its stated purpose; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.