H. B. 4369
(By Delegates Long, Yost, Boggs, Staton,
Swartzmiller, Border and Canterbury)
[Introduced February 2, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-1-12, relating to
requiring the Secretary of the Department of Administration to
propose a rule implementing public employee acceptable use
standards for the Internet.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §5A-1-12, to read as
follows:
ARTICLE 1. DEPARTMENT OF ADMINISTRATION.
§5A-1-12. Acceptable Internet use policies for state
instrumentalities.
(a) On or before the first day of September, two thousand six,
the Secretary of the Department of Administration shall propose a
rule for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code, implementing
public employee acceptable use standards for the international
network of computer systems commonly known as the Internet. The rule shall apply to and be administered and enforced by all state
instrumentalities. At a minimum, the rule shall contain:
(1) Provisions designed to prohibit use by public employees of
computer equipment and communications services which are the
property of the state:
(A) For sending, receiving, viewing or downloading sexually
explicit or illegal material via the Internet; and
(B) For private business purposes, political purposes of a
partisan nature, campaign purposes or for personal gain; and
(2) Appropriate measures to be taken against persons who
violate the rule.
(b) For the purposes of this section:
(1) "Public employee" means a person who performs a full or
part-time service for wages, salary or other remuneration under a
contract for hire, written or oral, express or implied, for an
agency, bureau, board, commission, council, authority or other
instrumentality of the state.
(2) "State instrumentality" means a department, division,
officer, agency, bureau, board, commission, council, institution,
spending unit, authority or other instrumentality of the state.
NOTE: The purpose of this bill is to
require the Secretary of
the Department of Administration to propose a rule implementing
public employee acceptable use standards for the Internet.
§5A-1-12
is new; therefore, strike-throughs and underscoring
have been omitted.