SB 414 — Creating Protect Our Right to Unite Act

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 414 By Senators Azinger, Cline, Maynard, Tarr,Tarr and BosoBoso, [Introducedoriginal Januarysponsors 24,[Originating 2019;in the Committee on the Judiciary;

ReferredReported to the Committee on theFebruary Judiciary]25, 2019] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-7-1, §1-7-2, §1-7-3, and §1-7-4,§1-7-4; all relating to creating the Protect Our Right to Unite Act;

providingand itsto purposeamend and intent;reenact §20-2-27 of said code, all relating generally to protecting the right to privacy and association of the citizens of West Virginia;

providingcreating for the protectionProtect ofOur privacyRight ofto association;Unite Act;

authorizingdeclaring enforcementlegislative bypurpose; state or citizen action;

providingdefining forterms; damages and attorneys’ fees;

andproviding definingthat terms.no public agency may require nonprofit entities to disclose donor information, subject to certain exceptions;

providing that where the state or a public agency obtains donor information it may not be released, subject to certain exceptions;

providing exemption from Freedom of Information Act requests;

providing for redaction of donor information;

providing exception for court orders;

providing exception for discovery requests under certain conditions;

providing civil remedies;

providing for the payment of attorneys’ fees and costs, and in certain circumstances, treble damages;

and providing that the name, address, and other contact information of persons having obtained certain fishing and wildlife authorizations from the Division of Natural resources are exempt from the Freedom of Information Act.

CHAPTER 1.

THE STATE AND ITS SUBDIVISIONS.

Purpose;Legislative purpose.

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

(a)Alabama Theex purposerel. of this article is to protect an individual’s right to support organizations that represent their beliefs without threat of intimidation or loss of employment.

IfPatterson, a357 stateU.S. 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.

(b)449 It(1958). 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.

GuiltIf a public agency actor violates this protection by associationmaking hasan noindividual’s placename, inaddress, and support for nonprofit groups public, either by publication on a freepublic society.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.

“Attorney“Citizen” General”means includesan bothindividual thewho agentsis ofa theUnited StateStates Attorneycitizen General’sand officeany andentity domiciled in the prosecutingUnited authoritiesStates, ofbut politicaldoes subdivisionsnot ofinclude thisany state.foreign agent, foreign government, or noncitizen.

“Donor information” means any record,record which identifies the association of a privatecitizen person with an entity, including information that does not directly identify athe personcitizen but which, in combination with other information, would allow a reasonable person to identify the personcitizen involved.

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

“Investigate” includes the power to require any member of any public agency who there is reason to believe is or has been acting in violation of this article to appear at a time and place designated in the county in which such person resides or is found, to give such information under oath and to produce all accounts, bills, receipts, books, paper and documents which may be relevant or material to the investigation.

(a) Except as otherwise provided in §6B-1-1chapters et3 seq.and 6B of this code, or as specified in subsection (c) or subsection (d) of this section, no public agency may require any entity organized under Section 501(c) of the Internal Revenue Code to provide it with donor information:

ofProvided, thisThat codewhere the state or successora provisions,public andagency asnevertheless specifiedobtains indonor subsectionsinformation, (d)it andmay (e)not ofbe thisreleased section,unless nootherwise publicpermitted agencyin maychapters require3 anyand entity6B toof providethis itcode withor donoras information.otherwise permitted under this section.

(b)(1) WhereThe the state or a public agency neverthelessmay obtainsnot donorrelease, information,allow itto maybe notreleased, nor be released.required to release any record which identifies the association of a citizen 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 citizen for such an entity, without the express written permission of the entity or citizen or at the request of the citizen.

(1) In particular, 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 private person with an entity organized under Section 501(c) of the Internal Revenue Code (or any successor provision of federal tax law), or which identifies the type or level of financial or nonfinancial support of a private person for such an entity, without the express written permission of the entity or person or at the request of the person.

(c)(b) AThe state or a public agency may satisfy subsectionssubsection (a) and (b) of this section by redacting from a record any donor information that would tend to show association of privatecitizens, persons, including nonspecific information that would allow a reasonable person to identify the personcitizen or personscitizens involved.

(d)(c) This section does not preclude any lawful warrantorder or request for information issued by a court of competent jurisdiction.

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

(1) The staterequesting orparty public agency demonstrates a compelling need for the donor informationinformation; by clear and convincing evidence;

and (2) The statedonor orinformation publicis agencysubject obtainsto a protective order barring distribution of the donor information to any governmentalindividual employee not directly involved in the litigationlitigation. or enforcement matter, and to any other person whatsoever.