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Introduced Version House Bill 4305 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2018 regular session

Introduced

House Bill 4305

By Delegates Sobonya, C. Miller, C. Romine, R. Miller, Summers, Rohrbach, Lovejoy, Espinosa, Howell, Butler and Graves

[Introduced January 26, 2018; Referred
to the Committee on the Judiciary then Finance.
]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5d; and to amend said code by adding thereto a new section, designated §29B-1-6a, all relating to authorizing the West Virginia Ethics Commission to sanction persons who have violated the Freedom of Information Act; authorizing the filing of complaints with the Ethics Commission; directing the Ethics Commission to process, investigate, and render a disposition in accordance with existing procedures; authorizing sanctions for violations proven by a preponderance of the evidence; and defining terms.

Be it enacted by the Legislature of West Virginia:


CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.


ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES; DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES; CODE OF CONDUCT FOR ADMINISTRATIVE LAW JUDGES.


§6B-2-5d.  Freedom of Information Act.

(a) Any person who is unlawfully denied access to public records pursuant to §29B-1-1 et seq. of this code may file a complaint pursuant to §6B-2-3a of this code against any custodian of the requested public records, or public employee working at the direction of the custodian, who is alleged to have intentionally violated the provisions of §29B-1-1 et seq. of this code.

(b) The Ethics Commission shall process, investigate, and render a disposition on the complaint in accordance with this chapter.

(c) If the commission finds evidence of a violation by a preponderance of the evidence, the commission may impose one or more sanctions pursuant to §6B-2-4(r) of this code.

(d) As used in this section, “custodian” shall have the same definition as provided in §29B-1-2 of this code.

CHAPTER 29B. FREEDOM OF INFORMATION.


ARTICLE 1. PUBLIC RECORDS.


§29B-1-6a.  Complaint; Ethics Commission; Penalties.

Notwithstanding the penalties contained in §29B-1-6 of this code, any person who is unlawfully denied access to public records requested pursuant to this article may file a complaint with the West Virginia Ethics Commission against any custodian of the requested public records, or public employee working at the direction of the custodian, who has intentionally violated the provisions of this article. The Ethics Commission shall have the authority to investigate complaints and render administrative penalties in accordance with §6B-1-1 et seq. of this code.

 

NOTE: The purpose of this bill is to authorize the West Virginia Ethics Commission to investigate violations of the Freedom of Information Act and to issue sanctions for intentional violations.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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