ENROLLED
H. B. 4020
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Passed February 12, 2004; in effect ninety days from passage.]
AN ACT
to amend the code of West Virginia, 1931, as amended, by
adding thereto two new sections, designated §5A-8-21 and §5A-
8-22, all relating to limiting disclosure of personal
information maintained by the legislative, judicial or
executive agencies of the state of West Virginia relating to
state employees due to their state employment and creating
lesser restrictions on information maintained by executive
branch agencies on citizens generally.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto two new sections, designated §5A-8-21 and §5A-8-
22, all 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) 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 non-
governmental 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 non-
governmental 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.
§5A-8-22. Personal information maintained by state entities.
(a) The following information maintained by state executive
branch agencies with respect to individuals and their dependents, is personal information, exempted from disclosure under the
provisions of article one, chapter twenty nine-b of this code, and
may not be released to non-governmental entities:
(1) An individual's social security number; or
(2) An individual's credit or debit card number.
(b) Notwithstanding the provisions of subsection (a) of this
section, the information enumerated in said subsection may be
released 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.
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