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WEST VIRGINIA CODE

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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.

ARTICLE 7. THE PROTECT OUR RIGHT TO UNITE ACT.

§1-7-3. Protecting privacy of association.

(a) Except as otherwise provided in chapter 3 of this code, chapter 6B of this code, or subsection (e) of this section, a public agency may not require any tax-exempt organization under 26 U.S.C. § 501(c) to provide the agency with donor or membership information: Provided, That where the public agency nevertheless obtains donor or membership information, such information may not be released unless pursuant to chapter 3 of this code, chapter 6B of this code, or subsection (e) of this section.

(b) A public agency may not release, permit to be released, nor be compelled to release any record which identifies an individual’s association with any tax-exempt organization under 26 U.S.C. §501(c), or which reveals an individual’s financial or nonfinancial support for such an entity, without the express written permission of the entity and the citizen, or at the request of the citizen.

(c) All donor or membership information is exempt from production or disclosure under the state’s Freedom of Information Act, §29B-1-1 et seq. of this code.

(d) A public agency does not violate subsection (a) of this section if donor or membership information is redacted from a disclosed record.

(e) Nothing in this section precludes compliance with a lawful order issued by a court of competent jurisdiction.

Note: WV Code updated with legislation passed through the 2020 Regular Session
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