ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 659
(By Senators Snyder, Wooton, Chafin, Jackson, Mitchell, Walker,
Fanning, Anderson, Ross, Kessler, McKenzie, McCabe, Sprouse,
Hunter, Edgell and Prezioso)
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[Originating in the Committee on the Judiciary;
reported March 2, 1999.]
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A BILL to amend chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-eight,
relating to prohibiting all state agencies or state
employees from selling personal identification information
to any nongovernmental agency; defining personal
identification information; exceptions; offense; and
penalties.
Be it enacted by the Legislature of West Virginia:
That chapter five of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article twenty-eight, to read as
follows:
ARTICLE 28. PROTECTION OF PERSONAL IDENTIFICATION INFORMATION
ACT.
§5-28-1. Protection of personal identification information act.
This article shall be known as the protection of personal
identification information act.
§5-28-2. Findings, purposes and intent.
The Legislature finds that it is in the best interest of the
state's citizens to protect from public distribution personal
identification information which the state requires of
individuals or gathers concerning individuals in the conduct of
the state's affairs. It is the intent of the Legislature to
protect the privacy and other interests of these individuals by
the creation of this article.
§5-28-3. Sale of personal identification information prohibited.
Notwithstanding any other provision of this code to the
contrary, the sale of personal identification information to any
nongovernmental entity by any state agency or employee or agent
of any state agency, is prohibited. For purposes of this
article, "personal identification information" means social
security numbers, photographs, fingerprints and genetic information.
§5-28-4. Exceptions.
(a) The prohibition against sale of personal identification
information set forth in section three of this article shall not
preclude a state agency providing without charge or at cost
nonidentifying data derived from personal identification
information in the state's possession to a public or private
nonprofit entity or agent thereof for educational, philanthropic,
charitable or eleemosynary purposes.
(b) Nothing in this article shall be construed to prohibit
public access information deemed by law to be public in nature.
§5-28-5. Offense; penalties.
Any person who shall violate the provisions of section three
of this article, shall be guilty of a misdemeanor and, upon
conviction thereof, may be confined in a county or regional jail
for not more than sixty days or fined not more than one thousand
dollars, or both.
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(NOTE: The purpose of this bill is to prohibit sale of
personal identification information by state agencies to
nongovernmental agencies.
This article is new; therefore, strike-throughs and
underscoring have been omitted.)