CHARLESTON – Lawmakers are considering a bill that would allow the West Virginia House of Delegates and state Senate to set their own policies regarding public access to legislative documents.
House Bill 3412, endorsed by the House Rules Committee, seeks to remove the Legislature from the state’s Freedom of Information Act (FOIA) requirements. Instead, the House and Senate would develop their own rules governing the release of public records. The bill received a voice vote of approval and now moves forward for further consideration.
Currently, West Virginia’s FOIA law grants individuals the right to inspect or request copies of public records from government bodies, with agencies required to respond within five business days. The Secretary of State’s Office maintains a database tracking FOIA requests and responses.
House Speaker Roger Hanshaw, the bill’s lead sponsor, argued that the Legislature should not be subject to the same FOIA rules as the executive and judicial branches. He stated that the bill aims to clarify which legislative records are public and prevent confusion over requests for draft legislation or amendments that were never formally introduced.
“Our current statute doesn’t differentiate between the Legislature, the executive branch, and the courts,” Hanshaw explained. “This bill would create a clear policy outlining which records are public.”
Hanshaw emphasized that the bill is not an attempt to shield legislative documents but rather to recognize the unique nature of legislative records. He pointed out that similar policies exist in at least 14 other states.
“The goal is not to exempt the Legislature from public records laws,” Hanshaw said. “It’s simply about ensuring that our policies reflect the way legislative business is conducted, which differs from the executive branch.”
Doug Skaff, president of HD Media and interim executive director of the West Virginia Press Association, cautioned against any changes that could limit public access to government records. He urged lawmakers to collaborate with media organizations to maintain transparency.
“Freedom of Information laws have been in place since 1966,” Skaff said. “It’s important that the public and press continue to have access to government records and proceedings.”
Hanshaw reassured committee members that the bill would not alter the Legislature’s relationship with the press.
“This legislation does not change how we interact with the media,” Hanshaw said. “We rely on journalists to keep the public informed, and that won’t change.”
With the committee’s approval, HB 3412 now advances for further review and debate in the House of Delegates.
