HB 2982 — Relating to allowing draw games winners to remain anonymous

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Red = new code to be enacted WEST virginia legislature regular session ENROLLED Committee Substitute for House Bill 2982 By Delegate Upson [Passed[Reported MarchDown 10,February 22, 2018;

inReferred effectto ninetythe daysCommittee fromon passage.]the  Judiciary.]  A ANBILL ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29‑22‑15a;§29-22-15a;

and to amend and reenact §29B‑1‑4§29B-1-4 of said code, all relating to allowing certain winners of State Lottery draw gamesgame winners to remain anonymous;

establishingproviding that if a procedureperson byentitled whichto collect proceeds exceeding one million dollars from a draw game winnerwishes mayto requestremain anonymityanonymous, fromthen he or she shall contact the State Lottery Director;Director in writing or appear at the state lottery headquarters in person;

providing thatwhere asuch drawrequest game winner who elects to remain anonymous mustmay remitbe 5mailed percent of his or heremailed; winnings to the State Lottery Fund;

establishingproviding that upon such a request, the director will contact the person requesting anonymity and schedule an effectiveappointment date;to meet;

and providing that information provided when a draw game winner who elects to remain anonymous ismust exemptremit from5% disclosureof underhis theor Freedomher ofwinnings Informationto Act.the State Lottery Fund;

establishing an effective date of January 1, 2019;

and providing for new exemptions under the Freedom of Information Act.

§29-22-15a.§29-22-15a.  Option for winners of draw games to remain anonymous.

Option for winners of draw games to remain anonymous.

(c) Any request to remain anonymous may be made by certified mail addressed to the West Virginia State Lottery Director, P.O.

Box 2067, Charleston, West Virginia 25327, by electronic mail to an email address that is to be established by West Virginia State Lottery the prior to thethis bill’s effective datedate, of this section, or in person at the state lottery headquarters.

Once established, the secure email address shall be posted on the West Virginia Lottery’s website prior to thethis bill’s effective datedate. of this section.

(d) Upon receiving a requestrequest, to remain anonymous, the director shall contact the person requesting anonymity and schedule an appointment to meet at any county, regional,regional or state lottery office to confirm the winning number and to otherwise makesecure arrangements to protect the anonymity of the requesting person.person:

(e) If a person electsunder tothis remainsection anonymouselects pursuant to thisremain section,anonymous, he or she shall remit 55% percent of his or her winnings to the State Lottery Fund.

(f) The requirements of this sectionarticle areshall become effective on January 1, 2019.

(a) There is a presumption of public accessibility to all public records, subject only to the following categories of information which are specifically exempt from disclosure under the provisions of this article:

(1) Trade secrets, as used in this section, which may include, but are not limited to, any formula, plan pattern, process, tool, mechanism, compound, procedure, production data,data or compilation of information which is not patented which is known only to certain individuals within a commercial concern who are using it to fabricate, produce,produce or compound an article or trade or a service or to locate minerals or other substances, having commercial value, and which gives its users an opportunity to obtain business advantage over competitors;

(2) Information of a personal nature such as that kept in a personal, medical,medical or similar file, if the public disclosure of the information would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in this particular instance:

Provided, That this article does not preclude an individual from inspecting or copying his or her own personal, medical,medical or similar file;

(3) Test questions, scoring keys,keys and other examination data used to administer a licensing examination, examination for employment,employment or academic examination;

(5) (5) Information specifically exempted from disclosure by statute;

(6) Records, archives, documents,documents or manuscripts describing the location of undeveloped historic, prehistoric, archaeological, paleontological,paleontological and battlefield sites or constituting gifts to any public body upon which the donor has attached restrictions on usage or the handling of which could irreparably damage the record, archive, document,document or manuscript;

(9) Records assembled, prepared,prepared or maintained to prevent, mitigate,mitigate or respond to terrorist acts or the threat of terrorist acts, the public disclosure of which threaten the public safety or the public health;

(11) Specific intelligence information and specific investigative records dealing with terrorist acts or the threat of a terrorist act shared by and between federal and international law-enforcement agencies, state and local law-enforcement,law-enforcement and other agencies within the Department of Military Affairs and Public Safety;

(13) Computing, telecommunications,telecommunications and network security records, passwords, security codes,codes or programs used to respond to or plan against acts of terrorism which may be the subject of a terrorist act;

(14) Security or disaster recovery plans, risk assessments, tests,tests or the results of those tests;

(15) Architectural or infrastructure designs, maps,maps or other records that show the location or layout of the facilities where computing, telecommunications,telecommunications or network infrastructure used to plan against or respond to terrorism are located or planned to be located;

(19) Records of the Division of Corrections, Regional Jail and Correctional Facility Authority and the Division of Juvenile Services relating to design of corrections, jail and detention facilities owned or operated by the agency, and the policy directives and operational procedures of personnel relating to the safe and secure management of inmates or residents, that if released, could be used by an inmate or resident to escape a facility, or to cause injury to another inmate, resident,resident or to facility personnel;personnel ;

(20) Information related to applications under §61-7-4section four, article seven, chapter sixty-one of this code, including applications, supporting documents, permits, renewals, or any other information that would identify an applicant for or holder of a concealed weapon permit:

Provided,Provided: That information in the aggregate that does not identify any permit holder other than by county or municipality is not exempted:

That information in the aggregate that does not identify any permit holder other than by county or municipality is not exempted:

and (21) Personal information of law-enforcement officers maintained by the public body in the ordinary course of the employer-employee relationship.

As used in this paragraph, “personal information” means a law-enforcement officer’s social security number, health information, home address, personal address, personal telephone numbers,numbers and personal email addresses and those of his or her spouse, parents,parents and children as well as the names of the law-enforcement officer’s spouse, parents,parents and children;

and (22) Information provided by a person when he or she elects to remainavail anonymousthemselves afterof winningthe aprovisions drawof gamesection prize,fifteen-a, pursuantarticle totwenty-two, §29-22-15achapter twenty-nine of this code.

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The purpose of this bill is to allow a powerball winner to be anonymous if they elect to be anonymous.

The bill also provides an exemption under FOIA if a person elects anonymity.