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SB534 SUB1 Senate Bill 534 History

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Key: Green = existing Code. Red = new code to be enacted
SB534 SUB1
COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 534

(By Senators Bowman, Snyder and Minard)

____________

[Originating in the Committee on Government Organization;

reported March 25, 2009.]

____________


A BILL to amend and reenact §5A-6-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5A-7-11 of said code, all relating to the Chief Technology Officer; exempting the State Police from providing information to the Chief Technology Officer; authorizing the Chief Technology Officer to receive confidential records and have access to a state agency's database containing confidential information; requiring the information be safeguarded; and penalties.

Be it enacted by the Legislature of West Virginia:
That §5A-6-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §5A-7-11 of said code be amended and reenacted, all to read as follows:
ARTICLE 6. OFFICE OF TECHNOLOGY.
§5A-6-8. Exemptions.

(a) The provisions of this article do not apply to the Legislature, the judiciary or any state constitutional officer designated in section two, article seven, chapter six of this code.
(b) Notwithstanding any other provision of this article to the contrary, except for participation in the compilation and maintenance of an inventory of information technology and technical infrastructure of the state authorized by section four of this article, the provisions of this article do not apply to the West Virginia State Police, West Virginia Board of Education, the West Virginia Department of Education or the county boards of education. However, the West Virginia Board of Education, the West Virginia Department of Education and the county boards of education will attempt to cooperate and collaborate with the Chief Technology Officer to the extent feasible.
(c) The Governor may by executive order exempt from the provisions of this article any entity created and organized to facilitate the public and private use of health care information and the use of electronic medical records throughout the state.
ARTICLE 7. INFORMATION SERVICES AND COMMUNICATIONS DIVISION.
§5A-7-11. Confidential records.
(a) The head of any state department or agency may grant the Chief Technology Officer in the Department of Administration access to records, databases and information required by law to be kept confidential. The Chief Technology Officer shall ensure that the security and privacy of any confidential information is, at a minimum, maintained at the same level that the granting department or agency is required by law to maintain. The Chief Technology Officer shall develop policies and procedures for the safekeeping of all confidential information required by law to be kept confidential.
(b) Any person who knowingly and willfully releases or causes to be released the confidential records and information described in this section, except under the specific circumstances enumerated in this section, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in the jail for not more than six months, or both.





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