West Virginia 2023 Regular Session

West Virginia House Bill HB2332

Introduced
1/11/23  

Caption

Prohibit county clerk from charging or prohibiting person from taking pictures of public documents

Impact

If enacted, HB2332 will have significant implications for state laws regarding public records access. By removing the ability of county clerks to impose fees for taking photographs, the bill aims to ensure that all members of the public can efficiently access vital information without financial barriers. This move is viewed as a step toward ensuring that governmental activities are open and accessible, thus fostering a culture of transparency and public participation in governance.

Summary

House Bill 2332 seeks to amend the existing laws regarding the fees charged by county clerks for accessing and photographing public documents. Specifically, the bill prohibits clerks from charging individuals for the right to take photographs of public records, regardless of whether those records are in physical or electronic form. This legislative change is aimed at improving public access to government documents, thereby enhancing transparency and accountability within local government operations in West Virginia.

Sentiment

The sentiment surrounding HB2332 appears to be predominantly positive, especially among advocates for public access to information and government accountability. Supporters argue that this bill is a necessary measure to ensure citizens can freely engage with public records without the hindrance of fees that could deter access. Critics, however, may voice concerns regarding the sustainability of funding for clerks' offices, which may rely on these fees for operational costs.

Contention

Notable points of contention regarding HB2332 focus on the potential financial implications for county clerks and their offices. While proponents of the bill emphasize the need for greater access to public records, some detractors suggest that eliminating these fees could negatively impact the ability of clerks to maintain their services. Additionally, the bill includes provisions for injunctive relief and the awarding of attorney’s fees to prevailing plaintiffs in cases of violations, which may lead to legal challenges surrounding compliance and enforcement.

Companion Bills

No companion bills found.

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