Charleston, West Virginia – In the bustling final weeks of West Virginia’s 2025 legislative session, lawmakers are debating a significant bill that could reshape public access to government records. House Bill 3412, currently under discussion, proposes allowing the House of Delegates and the state Senate to establish their own rules concerning the disclosure of documents, potentially exempting them from some current obligations under the state’s Freedom of Information Act (FOIA).
Under the state’s existing FOIA, any person can request access to public records from any public body, with agencies required to respond within five business days. However, HB 3412 would remove the Legislature from the definition of public bodies as outlined in the act, contingent upon the creation of new internal disclosure rules by the legislative bodies.
The bill soared through the House Rules Committee on a voice vote last Thursday, with House Speaker Roger Hanshaw, R-Clay, steering the initiative. Hanshaw, who is the bill’s lead sponsor, emphasized that the aim is to clarify which documents are considered legislative records and thus accessible under FOIA. He argued that the existing law inadequately distinguishes between records of the Legislature and those of the executive and judicial branches.
The proposed legislation has stirred a robust debate about the transparency of legislative processes. Proponents like Hanshaw believe that crafting specific disclosure procedures for the Legislature would eliminate confusion and streamline the handling of FOIA requests. According to the committee’s counsel, around 14 states have enacted similar exemptions, ranging from Arkansas to Iowa.
Hanshaw highlighted frequent requests for access to preliminary documents such as unreleased draft legislations and amendments, which under current statutes are not always recognized as official records. He asserted that the bill isn’t intended to carve out legislative privileges that undermine FOIA’s intent but rather to tailor its application more appropriately to the distinct nature of legislative record-keeping.
Despite these arguments, critics of HB 3412, including media organizations and transparency advocates, express concerns about potential reductions in public access to legislative records. Doug Skaff, president of HD Media and the interim executive director of the West Virginia Press Association, has called on legislators to maintain strong FOIA laws and collaborate with media entities to safeguard public document access.
Skaff emphasized the longstanding significance of the Freedom of Information Act, enacted in 1966, as a vital tool for ensuring transparency within government operations. He urged the Legislature to preserve, not weaken, the mechanisms that enable media outlets to inform the public about governmental activities.
In reassurance to the press, Hanshaw underlined the Legislature’s productive relationship with media partners, highlighting their role in conveying the perspectives of the 134 elected officials within the legislative branch to the public.
As discussions progress, the bill’s potential effects on public access to legislative records remain a focal point of contention and analysis. Lawmakers are faced with the challenge of balancing the need for legislative confidentiality with the public’s right to transparency.
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