H. B. 4382
(By Delegates Barker, DeLong, Caputo,
Webster and Miley)
[Introduced February 4, 2008; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §5A-8-21 of the Code of West Virginia,
1931, as amended, relating to permitting employee and retiree
advocacy organizations to obtain state employees' and
retirees' home addresses as an exception to the limitation
imposed on the release of personal information concerning
state employees.
Be it enacted by the Legislature of West Virginia:
That §5A-8-21 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.
§5A-8-21. Limitation on release of certain personal information
maintained by state agencies and entities regarding
state employees.
(a)
Except as provided in subsection (c) of this section, the
following personal information maintained by executive, legislative
or judicial branch agencies of the State of West Virginia regarding
persons in their capacity as state officers, employees, retirees or
the legal dependents thereof is
hereby deemed to be confidential and exempt from disclosure to nongovernmental entities in documents
otherwise subject to disclosure under the provisions of chapter
twenty-nine-b of this code:
(1) An individual's home address;
(2) An individual's social security number;
(3) An individual's credit or debit card numbers;
(4) An individual's driver's license identification number;
and
(5) An individual's marital status or maiden name.
(b) It is the policy of the State of West Virginia that the
information enumerated in subsection (a) of this section is
personal and confidential and should only be released to
nongovernmental entities for such purposes as are authorized by
federal law or regulation, a provision of this code or a
legislative rule promulgated pursuant to the provisions of chapter
twenty-nine-a of this code.
(c) Individuals' home addresses in documents otherwise subject
to disclosure under the provisions of chapter twenty-nine-b of this
code shall be disclosed to employee organizations, as defined in
section two, article two, chapter six-c of this code, and advocacy
organizations representing retired state employees.
NOTE: The purpose of this bill is to permit employee and
retiree organizations to obtain state employees' home addresses as
an exception to the limitation imposed on the release of personal
information concerning state employees and retirees.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.