HB 3412 West Virginia House of Delegates · 2025 Regular Session

Relating to exemptions from disclosure of certain records; and exempting the legislative branch if it adopts its own rules.

HB 3412 would exempt the West Virginia legislative branch from public records disclosure requirements under state law, provided the legislature adopts its own rules governing record access. This bill amends existing public records law to add a new provision (§29B-1-8) stating the law does not apply to the legislative branch once it establishes its own disclosure rules. The bill directly affects the legislature itself, not other government entities or the public. It does not change current disclosure practices but creates a pathway for the legislature to develop its own procedures for handling public records. The exemption is procedural and requires the legislature to act first - no immediate change occurs without adopted rules.

Bill status passed both 4 of 5 stages cleared

Introduction

Mar 2025

Committee Review

Apr 2025

House of Delegates Passage

Apr 2025

Senate Passage

Apr 2025

Governor

Introduced Mar 17, 2025 Last action Apr 11, 2025

Maddy AI version diff · 3 comparisons

What changed between versions

hb3412 s gov am _1 4-9 adopted.htm → hb3412 sfat rucker _1 4-9 adopted.htm · 6 edits

MODERATE

The bill was amended to replace the original government organization committee amendments with a new amendment by Senator Rucker. The new amendment provides a detailed summary of the bill's purpose, clarifying that it modifies public records disclosure laws, expands exemptions, increases response timeframes, and adjusts fee structures. This change shifts the focus from a full rewrite of the article to a more targeted amendment approach with clearer legislative intent.

Scope change

The amendment scope changed from a complete rewrite of the public records article to a targeted amendment approach that specifically lists the sections being modified (§29B-1-1 through §29B-1-7), making the legislative intent more transparent.

ENFORCEMENT

The amendment process changed from a committee-led full article replacement to a senator-led targeted amendment with explicit section references, improving legislative transparency.

Removed detailed enforcement provisions including court jurisdiction, de novo review standards, and contempt of court procedures that were part of the original committee amendment.

REQUIREMENT

A new detailed description was added explaining the bill's purpose, including expanded exemptions, modified response timeframes, fee adjustments, and attorney fee provisions.

Removed specific statutory language regarding FOIA request registry requirements, reporting timelines, and database maintenance provisions that were included in the original amendment.

DEFINITION

Removed detailed statutory definitions for terms like 'Custodian', 'Law-enforcement officer', 'Person', 'Private personal information', 'Public body', and 'Public record' that were part of the original committee amendment.

FISCAL

Removed specific language about search and retrieval fees and man-hour basis charges that were included in the original amendment's fee structure provisions.

Engrossed Version → hb3412 s gov am _1 4-9 adopted.htm · 7 edits

MODERATE

The bill was substantially rewritten by the Government Organization Committee to expand public records access, add new definitions for private information, create a reporting system for FOIA requests, and include extensive new exemptions related to terrorism, cybersecurity, and law enforcement. The original version exempted the legislative branch from the law, while the amended version applies the law to all branches but allows the legislature to opt-out via its own rules.

Scope change

The bill now applies to all branches of government (executive, legislative, and judicial) rather than excluding the legislative branch, though the legislature retains the ability to adopt its own rules to exempt itself. The scope of exemptions was significantly expanded to include terrorism-related information, cybersecurity records, and detailed privacy protections.

SCOPE

The legislative branch exemption was removed from the text; the legislature can now only exempt itself by adopting its own rules rather than being automatically excluded.

DEFINITION

A new definition for 'private, personal information' was added covering financial data, phone numbers, email addresses, social security numbers, addresses, and personal electronic devices.

The definition of 'law-enforcement officer' was expanded to include 'campus police officers' in addition to 'chief executives'.

REQUIREMENT

A new requirement was added for public bodies to report FOIA request details to the Secretary of State, who must maintain a public database of all requests and outcomes.

A new section was added allowing successful plaintiffs to recover attorney fees and court costs from public bodies that improperly deny access to records.

EXEMPTIONS

New exemptions were added for terrorism-related information, cybersecurity records, disaster recovery plans, and specific law enforcement records including those related to concealed weapon permits.

ENFORCEMENT

A new section was added clarifying that denied requesters can sue for injunctive or declaratory relief, and the court must determine the matter de novo with the burden on the public body.

Floor votes · Senate Apr 11, 2025 · House of Delegates Apr 2, 2025

How they voted

24–9

Passed

Total votes 33

Apr 11, 2025

D Democratic2

2 Nay

100% Nay

R Republican31

24 Yea 7 Nay

77% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 11, 2025

Upper · Passed

Title amendment adopted

upper

Apr 11, 2025

Upper · Passed

Passed Senate (Roll No. 503)

upper

Apr 10, 2025

Upper · Passed

Committee amendment adopted (Voice vote)

upper

Apr 9, 2025

Upper · Passed

Reported do pass, with amendment

upper

Apr 3, 2025

Committee

To Government Organization

upper

Apr 3, 2025

Introduced

Introduced in Senate

upper

Apr 2, 2025

Lower · Passed

Passed House (Roll No. 359)

lower

Mar 27, 2025

Lower · Passed

Do pass

lower

Mar 17, 2025

Committee

To House Rules

lower

Mar 17, 2025

Introduced

Introduced in House

lower

1 primary · 6 co-sponsors