SB 595 — Creating Protect Our Right to Unite Act

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Red = new code to be enacted WEST virginia legislature regular session Engrossed Committee Substitute for Senate Bill 595 By Senator Azinger [Originating in the Committee on the Judiciary;

(a) The purpose of this article is to protect an individual’s right to support nonprofit organizations that represent their beliefs andwithout thethreat nonprofitof organization’sintimidation rightor toloss keep the names and addresses of itsemployment. supporters confidential by codifying the landmark United States Supreme Court decision in NAACP v.

AlabamaIf exa rel.state actor or entity violates this protection by making an individual’s name, address, and support for nonprofit groups public, either by publication on a public website or other type of broadcast, this article gives the citizen a right to bring suit for relief.

Patterson,(b) 357It U.S.is the intent of this article to recognize that the individual freedom to associate with others for the purpose of advancing ideas and beliefs is a fundamental right, and that such a right is violated when an individual’s privacy is invaded merely due to their association with a group advocating a particular point of view.

449 (1958).

If a public agency actor violates this protection by making an individual’s name, address, and support for nonprofit groups public, either by publication on a public website or other type of broadcast, this article gives the citizen a right to bring suit for relief.

(b) It is the intent of this article to recognize that compelled disclosure of membership lists by a public agency actor is a trespass upon fundamental freedoms protected by the Due Process Clause of the Fourteenth Amendment, as held by the United States Supreme Court in NAACP v.

Alabama ex rel.

Patterson.

“Citizen”“Donor information” means anany individualrecord whowhich isidentifies the association of a Unitedprivate Statesperson citizenwith andan anyentity, entityincluding domiciledinformation inthat thedoes Unitednot States,directly identify a person but doeswhich, notin includecombination anywith foreignother agent,information, foreignwould government,allow ora non-citizen.reasonable person to identify the person involved.

“DonorDonor information”information meansincludes, anybut recordis whichnot identifieslimited theto, associationa ofperson’s aname, citizenaddress, withoccupation, anemployer, entity,or includingany informationelectronic thator doestechnical notdata, directlyincluding identifysocial themedia citizenaccounts, butemail which,accounts, inlocation combinationdata, withor other information,identifying wouldinformation. allow a reasonable person to identify the citizen involved.

Donor information includes, but is not limited to, a citizen’s name, address, occupation, employer, or any electronic or technical data, including social media accounts, email accounts, location data, or other identifying information.

(1) The state or public agency may not release, allow to be released, nor be required to release any record which identifies the association of a citizenprivate person with an entity organized under Section 501(c) of the Internal Revenue Code, or which identifies the type or level of financial or nonfinancial support of a citizenprivate person for such an entity, without the express written permission of the entity or citizenperson or at the request of the citizen.person.

(b) The state or a public agency may satisfy §1-7-3(a) of this code by redacting from a record any donor information that would tend to show association of citizens,private persons, including nonspecific information that would allow a reasonable person to identify the citizenperson or citizenspersons involved.

(d) This section does not preclude any lawful request for discovery by a public agency in litigation:

(a) AAn citizenindividual has a cause of action to enjoin any violation of this article and to recover any actual damages incurred by him or her as a result of the violation.

(c) If the judgeviolation oris juryfound findsto thathave thebeen violationintentional by the state or public agencyagency, was intentional, the amount of the judgment, which for this purpose includes costs and attorneys’ fees, may be trebled as punitive damagesdamages.   Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.

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