FOIA Bill Passes House

A controversial bill that some say reduces transparency in government was considered today in the House of Delegates. The bill affects journalists as well as researchers and members of the public who want access to information. 

House Bill 3412 would give the House the ability to exempt itself from Freedom of Information Act (FOIA) Requests. FOIA requests are typically done by filling out a form asking for specific information. If that FOIA request is denied, or not complied with, individuals can go to court to challenge the agency’s decision. 

The bill’s counsel said emails would be an example of possible exempted information. 

Emails can give insight on how the legislative process unfolds, or how lobbyists or special interest groups affect the legislative process would no longer be accessible under FOIA. 

Del. Clay Riley, R-Harrison, said the bill will clarify the parameters for FOIA requests. 

That’s the problem we’re trying to solve, to give clarity for the public so they know what they’re requesting,” Riley said.  

Speaker of the House Del. Roger Hanshaw, R-Clay, said the bill is to clear up confusion about what information falls under the Freedom of Information Act. He is the lead sponsor of the bill that came out of the Rules Committee which he chairs. 

One of the objectives sought to be achieved by this particular piece of legislation is the clarification of what is and is not a legislative record that can actually be reachable by those who seek access to legislative records,” Hanshaw said. “Our current statute doesn’t do it. It doesn’t differentiate in any way between the legislature, the executive branch and the courts.”

Hanshaw said under current law the policies around the Freedom of Information Act are better tailored for the executive branch. 

“The intention is not that we exempt the legislature from access to public records. It’s just simply to point out that we’re not the executive branch, and the kinds of records kept in the transaction of legislative business are really not akin to the same kind of records kept by executive branch agencies,” Hanshaw said. 

He also said the bill is not intended to reduce transparency, namely with the media. 

We do use that term partners, because we do rely upon the members of the credentialed press and the credentialed media to distribute those positions of the 134 individual members and the bodies collectively,” Hanshaw said. 

However the bill would give the current and future House Speakers greater control over the FOIA policies, and would give the public and members of the media less insight into how those rules are drafted. 

Del. Larry Kump, R-Berkeley, spoke against the bill, in rhyme.  

“I do not like this bill. Do not like it. I do not like it at all. Foxes should not be guarding the hen house. I think this bill should fall,” Kump said. 

Del. Shawn Fluharty, D-Ohio, in speaking against the bill, read the beginning of the FOIA that was enacted in 1966.

“The people in delegating authority do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so they may retain control over the instruments of government they have created,” Fluharty said. “Sounds like a campaign speech that I guarantee all of you would say and you’re going to vote against it today. Are you kidding me?”

Currently if the legislature wanted to change FOIA policies they would have to do so in the multistep committee process, where stakeholders are granted a chance to weigh in on bills. If this bill passes that would no longer be the case. 

Under this bill the leadership within the House of Delegates would decide, in closed door meetings, what information is exempt from FOIA requests. Changes to FOIA policies would take place as house resolutions instead of bills. 

The bill will not change any current rules, policies, or practices in the public’s ability to file FOIA requests. It now heads to the Senate. 

Del. Steele Loses Judiciary Chair Assignment Weeks After Police Are Called To His Home

State House leadership removed Delegate Brandon Steel, a Republican from Raleigh County, from a powerful committee position Friday.

State House leadership removed a delegate from a powerful committee position Friday weeks after a fraught 911 call from his home was leaked. 

Brandon Steele, a Republican from Raleigh County, was given one of the most powerful positions in the House of Delegates, when he was named Judiciary chair earlier this month.

However, hours before that assignment, an anonymous 911 call was emailed to House Speaker Roger Hanshaw, other house leadership, and various media outlets. 

Steele’s wife made the 911 call in late December. She called from the bathroom with her three young children. In the call, Steele’s wife said the delegate was outside the house with a rifle. 

On Friday, Speaker Hanshaw announced that Steele is being removed from that assignment. The Judiciary Chair position will instead be filled by J.B. Akers, a Republican from Kanawha County.

“After recent conversation with Delegate Brandon Steele and in recognition of his need to spend more time focused on matters outside the Capitol building, I’m pleased to name Delegate J.B. Akers as our Standing Judiciary Committee Chairman for the 87th Legislature while Delegate Jordan Maynor will ably step into the Vice Chairman position,” Hanshaw said in a statement. 

Steele was absent from the swearing in ceremony on January 8. A representative from the House of Delegates said Steele went to the Capitol to take the oath of office a few days later. As far as Steele’s overall membership on the judiciary committee, the representative said that decisions are still being made about committee assignments.

Incoming House Judiciary Chair Absent On Opening Day After Wife’s 911 Call

Two days before Christmas, the wife of Del. Brandon Steele, R-Raleigh, hid in the bathroom with her three children and dialed 911.

Once the call connected, she said in the now leaked call that Steele was outside intoxicated, agitated and brandishing a rifle. The operator asked if she and her children were safe. “I don’t know,” she replied.

The operator then asked if she and the kids could escape from one of the windows. After some thought, she said they could not because they were on the second floor. She’s heard comforting her children, and asking them to try and be silent repeatedly throughout the call. 

When contacted, Steele’s wife requested not to be mentioned by name by West Virginia Public Broadcasting.

Brandon Steele is a well-known attorney in Raleigh County representing a local prosecutor in a high-profile misconduct and domestic violence case

He also serves as a member of the West Virginia House of Delegates and was recently named chair of the House Judiciary Committee — one of the most powerful positions in the West Virginia Legislature.

A recording of the 911 call from Steele’s wife was leaked to members of the media and House leadership in an anonymous email Tuesday.

WVPB has independently verified the recording, which was released hours before House Speaker Roger Hanshaw, R-Clay, announced Steele’s judiciary chair assignment.

During the opening day of the 2025 legislative session, one day after the audio was released, Steele was notably absent from the State Capitol and missed his swearing-in ceremony. Just six other delegates were absent in the 99-member chamber. The seat previously occupied by Joseph De Soto was vacated by the House Wednesday as he faces allegations of making terroristic threats against fellow lawmakers.

The incident began when passersby allegedly stalled outside Steele’s home, which he perceived as harassment from locals angry over “the prosecutor” case he was working on, his wife said in the call. The car’s occupants allegedly told Steele that they were just looking at Christmas lights. 

Steele allegedly grabbed two rifles from a wall and headed outside. Meanwhile, his wife said in the call that she locked the doors, grabbed a gun and instructed her son to call 911.  When the operator said police were on the way, his wife asked that she not be identified as the caller. 

This is not Steele’s first accusation of aggressive conduct. 

During the 2020 legislative session, then-Del. Eric Porterfield accused Steele of aggressively confronting him over a disagreement on a bill.

Porterfield, who is blind, said he could smell alcohol on Steele at the time of the confrontation. Porterfield later voiced frustration over perceived inaction over the incident from House leadership, including Hanshaw.

Steele has not responded to multiple requests for comment by West Virginia Public Broadcasting. The Raleigh County Sheriff’s Department also did not respond to multiple requests for comment.

In response to a request for comment by House Leadership, a media representative from the House told WVPB that Hanshaw became aware of the situation late on Tuesday and had not spoken with Steele.

Legislature Verifies Election Results, Senate Elects New President

The West Virginia Legislature convened for one day to swear in legislators, and elect both House and Senate leadership.

The West Virginia Legislature convened for one day to swear in legislators, and elect both House and Senate leadership.

Wednesday was the Opening Day for the new legislature. That means representatives, for the most part, took their seats and officially certified state election results.

But legislating won’t start until they come back in February.

On the Senate side, the ball started rolling when the Secretary of State came into the room to swear in the newly elected and appointed Senators. 

New senators to note are Sen. Tom Willis, R-Berkeley, who beat out former Senate President Craig Blair in the primary race, and Sen. Joey Garcia of Marion County, one of two Democrats in the Senate.

The new senate president, Randy Smith, R-Tucker, was formally elected today.  

Smith is a retired coal miner, and the former chair of the Senate Energy, Industry and Mining Committee. He has served in the Senate for eight years. 

He said in his speech that he was grateful to his colleagues who elected him and his family that has supported him through his political career. 

“You know, you look at most of your Senate presidents, or, you know, are not ex-coal miners or blue collar and it’s just overwhelming and humbling to have your peers to elect you to be their leader,” Smith said. 

He said he can’t say what the legislative priorities are yet, but that after this Tuesday’s caucus he will have a better idea. 

“Everyone has been asked to bring in their top two priority bills, and tomorrow we’re going to start digging into that to get our priorities,” Smith said. 

Patrick Martin, R-Lewis, will be the new majority leader, replacing Tom Takubo, R-Kanawha. Mike Woelfel, D-Cabell, remains the minority leader. 

Top House leadership remained the same. Del. Roger Hanshaw, R-Clay, returns as speaker. Hanshsaw, 44, has held the position since 2018.

“It was a humbling honor the first time, five elections ago in 2018, when this body gave me this opportunity,” Hanshaw said. “But it’s been an even greater honor each time since then, because I take it as an affirmation of your confidence in what I’ve tried to do here and the environment I’ve tried to create.”

In his acceptance speech, Handshaw pointed to the billions of dollars in business incentives in the state allocated during the past decade of Republican majorities and attempts to expand social services.

Del. Sean Hornbuckle, D-Cabell, will return as minority leader. He has held the position since 2023.

Del. Pat McGeehan, a R-Hancock, is new to the position of House majority leader. In his speech officially nominating Hanshaw today, McGeehan noted how he and Hanshaw had gone from “bitter, bitter rivals” to joining in the Republican caucus’ top ranks.

Hanshaw made committee assignments Thursday afternoon along with a restructuring of bill procedures in committees: elongating readings, adding subcommittees, and appointing new chairs.

Delegate Roger Hanshaw Elected 58th House Speaker

The House of Delegates has selected Del. Roger Hanshaw as the chamber’s new presiding officer. Hanshaw took the podium over the Democrats’ choice, House…

The House of Delegates has selected Del. Roger Hanshaw as the chamber’s new presiding officer. Hanshaw took the podium over the Democrats’ choice, House Minority Leader Tim Miley.

House Republicans caucused for four and a half hours Tuesday night to decide who would be the party’s nominee to succeed former Speaker Tim Armstead, who resigned from the House last week before being appointed to an interim seat on the state Supreme Court.

Hanshaw beat out Eric Nelson, Jim Butler and Marty Gearheart, during the course of voting on three secret ballots. The final round gave Hanshaw the edge over Nelson, on a 32-30 vote.

 

Hanshaw, who works full time as an attorney for the firm Bowles, Rice, was first elected to the House in 2014 and represents the chamber’s 33rd District covering parts of Clay, Calhoun and Gilmer counties. He is also a certified parliamentarian.

House Judiciary Chairman John Shott, R-Mercer, formally nominated Hanshaw as speaker during a Wednesday morning floor session.

“He has all degrees that come along with the mark of intelligence. He’s got a B.S. and J.D. — or law degree — from West Virginia, a Ph.D. in chemistry from Notre Dame,” Shott noted of Hanshaw. “But in my experience, all those letters after your name don’t mean too much unless you couple that with an abundant supply of common sense.”

Delegate Amy Summers, R-Taylor, seconded Hanshaw’s nomination. She noted an increase in his high-profile responsibilities in the Legislature.

“He has a full-time job, he has a wife and two children, he’s run the flood recovery, he’s on the impeachment hearings, he’s on the PEIA task force. He’s doing it all,” Summers said. “A friend of mine recently said to me, and she quoted Lucille Ball: ‘If you want something done, ask a busy person because they’ll get it done.’”

Delegate Mike Pushkin, D-Kanawha, nominated House Minority Leader Tim Miley as the Democrats’ choice for speaker. Del. Sean Hornbuckle, of Cabell County, seconded Miley’s nomination.

As expected, the majority party stuck with their nominee, and Hanshaw won on a 62-34 party-line vote.

Speaker Pro Tem John Overington announced Hanshaw as the House’s new presiding officer.

Sticking with tradition, the only break in those party-line votes were Miley and Hanshaw, who voted for the other in a show of respect for the opposing party. Following the election, Miley delivered a few words on Hanshaw to the entire House.

“In the four years that I’ve known Roger, he exemplifies all of those that he was described with. So, Roger, I wish you the best of success and what time remains for you as speaker. I’m hoping it’s short lived. Obviously, I’d be lying if I wasn’t. But the fact remains that you are the speaker and will be from here the end of the year,” Miley said.

Kanawha County Circuit Judge and former House of Delegates staff counsel Dan Greear swore in Hanshaw as speaker.

In his first speech, Hanshaw discussed his motivations for public service and expressed his hope of providing opportunity for future generations of West Virginians.

“Our service in this House gives us an opportunity to make a contribution to our state to our chosen home in a way that other citizens of our communities will never have,” Hanshaw said. “I’ve remarked often to people with whom I’ve had the privilege to serve — many of you for the last four years — that on many, many days I’ve left this Capitol, mad and frustrated, as I imagine many of you have. But I cannot think of a day — I cannot think of a single day — when I have entered the Capitol that way.”

Hanshaw also alluded to the upcoming November midterms, when all 100 House seats — including his own — are up for re-election.

“We’ll do this process again in just four months. So over the coming weeks will no doubt as members of this body be engaged in debates about matters of public policy in a very public way, often a very heated way,” Hanshaw said. “But I hope during that process and during these weeks that come we remember that we are one of the 100 people who have the privilege to walk through that door. We are one of only 100 West Virginians who have the opportunity to sit here in this house and debate the future of families like mine.”

Hanshaw will serve as the 58th Speaker of the House. The Legislature’s regular session is set to begin the first week of January.

Del. Hanshaw Wins House GOP Nomination for Speaker, Full Chamber Votes Wednesday

Republican members of the West Virginia House of Delegates have decided on Del. Roger Hanshaw as their nominee for Speaker.The majority party caucused for…

Republican members of the West Virginia House of Delegates have decided on Del. Roger Hanshaw as their nominee for Speaker.

The majority party caucused for four and a half hours Tuesday night to decide who is likely to succeed former Speaker Tim Armstead, who resigned from the House last week before being appointed to an interim seat on the state Supreme Court.

Hanshaw was first elected to the House in 2014 and represents the chamber’s 33rd District, which covers parts of Clay, Calhoun and Gilmer Counties.

He has held the position of chair of the Committe on Enrolled Bills and vice chair of the Committees on the Judiciary, Agriculture and Natural Resources, among other appointments.

Members of the House GOP caucus confirmed that Hanshaw beat out Dels. Eric Nelson, Jim Butler and Marty Gearheart over the course of casting three secret ballots. The final ballot gave Hanshaw an edge over Nelson with a 32-30 vote, according to multiple sources.

Hanshaw is an attorney with the firm Bowles, Rice and also holds a Ph.D. in chemistry. He is a certified professional parliamentarian.

With Republicans currently holding 65 seats in the 100-person body, Hanshaw is expected to be elected as Speaker and preside over the chamber following a Wednesday vote with the Democrats.

Former Speaker Armstead’s vacant seat in the House’s 40th District has yet to be filled by an appointment from Gov. Jim Justice. Like all 100 seats in the House, that seat is up for election in the November midterms.

Hanshaw is likely to face House Minority Leader Tim Miley in the final race for Speaker.

The entire chamber will meet at 9 a.m. Wednesday to decide the next presiding officer.

 

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