COMMITTEE SUBSTITUTE
FOR
H. B. 2985
(By Delegates Fleischauer, Staton, Doyle and Linch)
(Originating in the Committee on the Judiciary)
[March 3, 1999]
A BILL to amend article three, chapter twenty-one of the code
of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated
section twenty, relating to limiting the use of
electronic surveillance devices by employers; and
providing criminal penalties.
Be it enacted by the Legislature of West Virginia:
That article three, chapter twenty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, be amended by adding thereto a new section,
designated section twenty, to read as follows:
ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
§21-3-20. Use of video and other electronic surveillance
devices by employers prohibited.
(a) It is unlawful for any employer or the agent or
representative of an employer, whether public or private,
to operate any electronic surveillance device or system,
including, but not limited to, the use of a closed circuit
television system, a video-recording device, or any
combination of those or other electronic devices for the
purpose of recording or monitoring the activities of the
employees in areas designed for the health or personal comfort
of the employees or for safeguarding of their possessions,
such as rest rooms, shower rooms, locker rooms, dressing rooms
and employee lounges.
(b)Any employer or agent thereof who violates any
provision of this section is guilty of a misdemeanor and, if
convicted, shall be fined five hundred dollars for the first
offense. An employer or agent thereof convicted a second time
under this provision shall be fined one thousand dollars. For
the third and any subsequent offense, the penalty shall be two
thousand dollars.
This section is new; therefore, strike-throughs and
underscoring have been omitted.