H. B. 3086
(By Delegates Canterbury, Campbell,
Ashley, Evans, Shaver, Harrison and L. Smith)
[Introduced March 29, 2001; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article one-b, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section nine,
relating to requiring state agencies to have procedures for
applying for and renewing, over the internet, licenses,
permits, certificates or other permissions, by any other
designation, to engage in any activity including, but not
limited to, authority to conduct a trade, profession or
business; and providing an exemption.
Be it enacted by the Legislature of West Virginia:
That article one-b, chapter five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section nine, to read as
follows:
ARTICLE 1B. CHIEF TECHNOLOGY OFFICER.
§5-1B-9. Procedures for issuance and renewal of approvals over
internet.
(a)(1) By the first day of July, two thousand two, every
agency of this state that issues an approval, shall have procedures
for use by the public for making an initial application and
renewal, if applicable, of any approval through use of the internet
or other similar electronic method, unless exempt under the
provisions of subsection (b) of this section.
(2) As used in this section "approval" means any license,
permit, certificate or other permission, by any other designation,
to engage in any activity including, but not limited to, authority
to conduct a trade, profession or business.
(b) A state agency is not required to comply with subsection
(a) of this section if the agency determines, and the chief
technology officer concurs, that to do so is impractical,
unreasonable or not permitted by laws pertaining to privacy or
security.
(c) State agencies shall in carrying out the requirements of
this section, take reasonable steps to ensure the security and
privacy of records that are private or exempt from disclosure:
(1) As a public record under the provisions of article one,
chapter twenty-nine-b of this code;
(2) Pursuant to any other provision of law; or
(3) By court order.
(d) The chief technology officer shall take appropriate action
to inform all state agencies of the requirements contained in this
section and to assist state agencies in meeting the deadline
contained in this section.
NOTE: The purpose of this bill is to require state agencies to
have procedures for applying for and renewing
licenses, permits and
similar approvals over the Internet, by July 1, 2002.
This section is new; therefore, strike-throughs and
underscoring have been omitted.