The West Virginia House of Delegates is reviewing a proposed bill that would allow the Legislature to establish its own regulations for disclosing public records. However, House Speaker Roger Hanshaw has assured that the bill is not intended to restrict public access to information.
Journalists, researchers, and the public frequently use the Freedom of Information Act (FOIA) to obtain legislative records, including emails and documents that reveal how decisions are made. These records can provide insight into the involvement of lobbyists and special interest groups in the lawmaking process. While some communications are already exempt under current laws, House Bill 3412, introduced by Hanshaw (R-Clay), would officially exempt the Legislature from FOIA requirements if it implements its own disclosure rules.
The House Rules Committee discussed the bill on Wednesday. Hanshaw explained that existing FOIA laws do not differentiate between the legislative, executive, and judicial branches, and that people often use FOIA requests to access drafts of bills that were never formally introduced.
FOIA laws have been in place since 1966, and Hanshaw said his goal is to clarify for the public which legislative records are considered public and which are not.
“One of the objectives of this legislation is to provide clear guidelines on what constitutes a legislative record that can be accessed,” he stated.
Doug Skaff, interim director of the West Virginia Press Association, raised concerns about whether the bill would impact journalists’ ability to obtain legislative records.
“We want to ensure that laws continue to provide a legal framework for public access to government records, meetings, and legislative actions,” Skaff said. “The people of West Virginia deserve transparency regarding what happens inside the Capitol.”
Hanshaw emphasized that he views the media as partners in informing the public about legislative matters.
“We believe we have a good relationship with the press,” Hanshaw said. “We recognize that journalists are not the only ones who utilize FOIA.”
Skaff responded, stating that as long as the legislation does not restrict the media’s ability to do its job, his organization would be open to discussions.
Ann Ali, deputy chief of staff and communications director for the House of Delegates, reiterated that the bill’s intent is not to withhold public records but rather to create a legislative-specific framework for record disclosures.
“The goal is to exempt the Legislature from FOIA while establishing open records rules that reflect the unique nature of legislative work,” Ali explained. She added that, if passed, record requests would be handled under new House rules instead of existing FOIA statutes.
House Minority Leader Sean Hornbuckle (D-Cabell) expressed concerns but suggested the bill would still allow journalists to access key records for reporting.
“It seems more focused on preventing outside influences with questionable intentions,” Hornbuckle said. “That makes me feel a little better about it.”
However, the American Civil Liberties Union of West Virginia has voiced opposition to the bill.
“First, the Senate restricted recording in the chamber. Then, the House eliminated public hearings. Now, they want to exempt themselves from open records laws entirely,” said ACLU-WV Advocacy Director Rusty Williams. “They are moving toward conducting business in secrecy, and that is unacceptable. The public has a right to know what their elected officials are doing.”
If approved, the bill would need to become law before the Legislature could formally establish its own disclosure rules. Until then, the current FOIA statute would remain in effect. Hanshaw noted that the Senate could also choose to adopt similar regulations, making them applicable to both legislative chambers.
