ENGROSSED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 534
(By Senators Bowman, Snyder and Minard)
____________
[Originating in the Committee on the Judiciary;
reported March 30, 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
or
the West Virginia State Police designated in section two, article
seven, chapter six of this code
or the West Virginia State Police.
(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 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.