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Introduced Version House Bill 2434 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2434


(By Delegate Long, Boggs, Border and Canterbury)
[Introduced January 9, 2008; 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 seven, 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.

This section is new; therefore, strike-throughs and underscoring have been omitted.


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