H. B. 3009

(By Mr. Speaker, Mr. Kiss, and Delegates Varner,

Amores, Browning, Kominar, Palumbo and Swartzmiller)

[Introduced February 13, 2003; referred to the

Committee on Veterans Affairs and Homeland Security then the Judiciary.]

A BILL to amend and reenact section four, article one, chapter twenty-nine-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to excluding certain records from the freedom of information act that are collected in the interest of homeland security by governmental bodies.

Be it enacted by the Legislature of West Virginia:
That section four, article one, chapter twenty-nine-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§29B-1-4. Exemptions.

The following categories of information are specifically exempt from disclosure under the provisions of this article:
(1) (a) Trade secrets, as used in this section, which may include, but are not limited to, any formula, plan pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article or trade or a service or to locate minerals or other substances, having commercial value, and which gives its users an opportunity to obtain business advantage over competitors;
(2) (b) Information of a personal nature such as that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance: Provided, That nothing in this article shall be construed as precluding an individual from inspecting or copying his or her own personal, medical or similar file;
(3) (c) Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examination;
(4) (d) Records of law-enforcement agencies that deal with the detection and investigation of crime and the internal records and notations of such law-enforcement agencies which are maintained for internal use in matters relating to law enforcement;
(5) (e) Information specifically exempted from disclosure by statute;
(6) (f) Records, archives, documents or manuscripts describing the location of undeveloped historic, prehistoric, archaeological, paleontological and battlefield sites or constituting gifts to any public body upon which the donor has attached restrictions on usage or the handling of which could irreparably damage such record, archive, document or manuscript;
(7) (g) Information contained in or related to examination, operating or condition reports prepared by, or on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions, except those reports which are by law required to be published in newspapers; and
(8) (h) Internal memoranda or letters received or prepared by any public body; and
(i) Records assembled, prepared, or maintained in the interest of homeland security or to prevent, mitigate, or respond to terrorist acts or threat of terrorist acts as those acts are defined in section twenty-four, article six, chapter sixty-one of this code, the public disclosure of which would have a substantial likelihood of threatening public safety or public health, including, but not limited to:
(1) Those portions of records containing specific or unique vulnerability assessments or specific or unique response plans, data, databases, and inventories of potentially dangerous or remedial goods or materials collected or assembled to assess and plan for terrorist acts; and communication codes or deployment plans of law enforcement or emergency response personnel;
(2) Specific intelligence information and specific investigative records shared by and between federal and international law-enforcement agencies, state and local law enforcement and other agencies within the department of military affairs and public safety;
(3) National security records classified under federal executive order and not subject to public disclosure under federal law that are shared by federal agencies, and other records related to national security briefings to assist state and local government with domestic preparedness for acts of terrorism; and
(4) Computing, telecommunications and network security records and data that include: Passwords; security codes or programs, security or disaster recovery plans, risk assessments, tests, or the results of those tests; architectural or infrastructure designs; maps or other records that show the location or layout of the facilities where computing, telecommunications, or network infrastructure are located or planned to be located; codes for facility security systems; or codes for secure applications.

NOTE: The purpose of this bill is to include in the exemptions from public disclosure information that could be used in a terrorist act which would have a detrimental effect on public safety or public health.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.