H. B. 2513
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(By Delegates Manchin, Prunty and Caputo)
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[Introduced
February 23, 2001
; referred to the
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Committee on the Judiciary.]
A BILL to amend and reenact section two, article one, chapter
twenty-nine-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to freedom of
information; requiring public disclosure by any agency or
organization receiving state or federal funds.
Be it enacted by the Legislature of West Virginia:
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That section two, article one, chapter twenty-nine-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. PUBLIC RECORDS.
§29B-1-2. Definitions.
As used in this article:
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(1) "Custodian" means the elected or appointed official
charged with administering a public body.
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(2) "Person" includes any natural person, corporation,
partnership, firm or association.
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(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;
any agency or organization in the state which
receives federal funds; and any agency or organization which
receives state funds.
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(4) "Public record" includes any writing containing
information relating to the conduct of the public's business,
or
the use of federal or state funds prepared, owned and retained by
a public body.
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(5) "Writing" includes any books, papers, maps, photographs,
cards, tapes, recordings or other documentary materials regardless
of physical form or characteristics.
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NOTE: The purpose of this bill is to require disclosure under
the freedom of information act of records of agencies or
organizations receiving state or federal funds.
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Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.