West Virginia Legislature shields public records requesters' identities and bans search fees

Original title: FOIA Database

Last action · January 14, 2026: To House JudiciarySponsors: Tresa Howell and 10 others

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

Law

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What This Bill Proposed

Individuals submitting Freedom of Information Act requests gain guaranteed privacy with their personal identities kept confidential and exempt from public disclosure. Public bodies are banned from charging search or retrieval fees, while the Secretary of State must maintain an online request database and unlawful disclosures carry damages up to $5,000.

Why it matters

People seeking public records gain protection from search fees and exposed personal data within 90 days of enactment while public agencies must overhaul request tracking.

Background

The West Virginia Freedom of Information Act governs public access to records held by state and local government bodies. context
Delegates including T. Howell introduced House Bill 4163 during the 2026 regular legislative session. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Individuals submitting FOIA requests

Their names and identifying details become legally confidential and exempt from public disclosure, and they can seek damages up to $5,000 for unlawful disclosure.

Directly affected

Custodians of public records

They must redact original requesters' names from records, protect requester identities, respond within five days, and refrain from charging search or man-hour fees.

Directly affected

Secretary of State

Must maintain an online electronic database of request notices and update all online FOIA databases within 90 days to comply with confidentiality rules.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Can a public body charge me search or retrieval fees to find documents?

No. The bill explicitly prohibits public bodies from charging a search or retrieval fee or seeking reimbursement on a man-hour basis, allowing only fees reasonably calculated to cover actual reproduction costs.

What happens if my personal information as a requester is unlawfully disclosed?

Affected requesters may seek and damages of up to $5,000 per violation if their personal information is unlawfully disclosed.

What else do you want to know?

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Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

4 actions

Jan 14, 2026HouseCommittee
To House Judiciary
Jan 14, 2026HouseIntroduced
Introduced in House
Jan 14, 2026HouseCommittee
To Judiciary
Jan 14, 2026HouseIntroduced
Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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