HB 5528: Relating to protection of personal residential information of certain public officials. - West Virginia

hb5528 hfa funkhouser and hornby 3-3 _1 revised-2 adopted.htm → hb5528 hfat akers 3-4 adopted.htm · 5 edits

MODERATE

The bill was amended to replace a proposed amendment by Delegates Funkhouser and Hornby with a new amendment by Delegate Akers. The original proposal sought to define 'covered individuals' and create an exception allowing agencies to disclose personal information under specific legal circumstances. The new amendment completely changes the bill's focus to establish a strict prohibition on publicly accessible websites or databases displaying the personal residential information of designated individuals, such as judges and law enforcement officers, unless they have been redacted upon request.

Scope change

The bill's scope shifted from creating a limited exception for mandatory disclosures to establishing a broad prohibition on public disclosure of residential information for specific government officials.

DEFINITION

The original proposal to define 'covered individual' and include immediate family members was removed.

REQUIREMENT

The original proposal to allow disclosure when required by federal law or court order was removed.

A new requirement was added to prohibit displaying personal residential information on publicly accessible websites, databases, or records.

A new requirement was added to mandate the removal or redaction of personal information upon receiving a written request from the covered individual.

ENFORCEMENT

A new enforcement mechanism was added, allowing covered individuals to sue for injunctive relief and recover attorney's fees if the state fails to redact the information.

hb5528 s jud amt adopted.htm → hb5528 hfa funkhouser and hornby 3-3 _1 revised-2 adopted.htm · 2 edits

MINOR

The bill's title was updated to reflect a new amendment by Delegates Funkhouser and Hornby. The amendment clarifies that 'covered individuals' include immediate family members living in the same household as public officials. Additionally, the law now explicitly permits state agencies to share personal residential information with election officials for voter registration and candidacy purposes, provided the data is not made publicly accessible.

Scope change

The scope of protection was expanded to include immediate family members of covered individuals, and specific exemptions were added for election-related disclosures.

DEFINITION

The definition of 'covered individual' was expanded to include immediate family members residing in the same household as the public official.

REQUIREMENT

New language was added to explicitly allow state agencies to disclose residential information to election officials for voter registration and candidacy requirements, as long as the information is not made publicly accessible.

hb5528 s jud am _1 adopted.htm → hb5528 s jud amt adopted.htm · 1 edit

MINOR

The amendment changes the bill's title from a generic 'amendment' to a specific 'Eng. Com. Sub.' (Engineered Committee Substitute), indicating the Judiciary Committee has finalized a new version of the bill rather than just proposing a minor fix. The substantive content of the bill, which protects the home addresses and phone numbers of public officials, appears to remain unchanged in this specific diff.

TECHNICAL

The bill title was updated to reflect that the Judiciary Committee is submitting a new, engineered substitute version of the bill, replacing the previous placeholder title.

Committee Substitute → hb5528 s jud am _1 adopted.htm · 6 edits

MODERATE

The bill was amended to significantly expand the definition of protected individuals to include elected officials, public defenders, and campaign treasurers, while broadening the list of exceptions that allow government agencies to still disclose addresses for purposes like real estate transactions and election challenges. The amendment also clarifies the agency's obligation to remove data from all records and adds a warning that redacting information may prevent the official from receiving certain legal notices.

Scope change

The scope of protection was expanded from retired judicial officers and law enforcement to include active/appointed elected officials, public defenders, and campaign treasurers.

ELIGIBILITY

Expanded the list of protected individuals to include elected officials, public defenders, and campaign treasurers, in addition to judicial officers and law enforcement.

DEFINITION

Added a new definition for 'Controlling agency' to clarify which entity is responsible for removing the data.

REQUIREMENT

Changed the removal requirement to mandate that agencies remove information from the specific record and make reasonable efforts to remove it from all other records.

Added a new requirement for the official to sign a waiver acknowledging that redacting their address might prevent them from receiving important legal or official notices.

ENFORCEMENT

Streamlined the civil remedy process by removing the requirement to specify the exact record in the request and allowing suits if the agency fails to act.

EXEMPTIONS

Added numerous specific exceptions allowing disclosure, including real estate title records, UCC filings, and disclosures to election opponents for eligibility challenges.

Enrolled Committee Substitute → Committee Substitute · 5 edits

MODERATE

The bill was converted from a formal enrolled legislative text to a draft committee substitute version, introducing significant substantive changes to who is protected and how the law is enforced. The scope of protection was narrowed to exclude elected officials and campaign treasurers, while the enforcement mechanism was simplified by removing the right to sue for redaction failures. Additionally, the list of exceptions allowing public disclosure was reduced, and the requirement for officials to sign an affidavit acknowledging potential notice forfeiture was eliminated.

Scope change

The bill's scope was narrowed by removing 'elected official' and 'campaign treasurer' from the list of covered individuals, restricting protection primarily to judicial officers, prosecutors, and law enforcement officers.

ELIGIBILITY

Removed 'elected official' and 'campaign treasurer' from the list of covered individuals, limiting protection to judicial officers, prosecutors, and law enforcement officers.

ENFORCEMENT

Deleted the provision allowing covered individuals to sue for injunctive or declaratory relief if a government agency fails to redact their information.

REQUIREMENT

Removed the requirement for covered individuals to sign a written affirmation that redaction may cause them to miss legal or official notices.

Changed the disclosure exception list by removing provisions for title insurance, UCC filings, and electoral opponents challenging candidate eligibility.

DEFINITION

Narrowed the definition of 'judicial officer' to exclude certain administrative law judges and state/federal administrative law judges not previously specified.

Engrossed Committee Substitute → Enrolled Committee Substitute · 7 edits · Mar 30, 2026

MODERATE

The bill was converted from a 'Committee Substitute' draft to the final 'Enrolled' version, adding signatures and certification language required for it to become law. Substantively, the definitions were simplified to remove specific job titles like 'assistant public defender' and 'magistrate judge' in favor of broader categories like 'elected official' and 'judge.' The list of permitted disclosures was significantly expanded to include real estate transactions, title insurance, and political challenges, while a new requirement was added mandating that covered individuals sign an affirmation acknowledging that redacting their address might prevent them from receiving important legal or official notices.

Scope change

The scope of covered individuals was broadened by replacing specific job titles with broader categories like 'elected official,' and the scope of permitted disclosures was expanded to include real estate, title insurance, and political activities.

DEFINITION

Specific job titles such as 'assistant public defender' and 'magistrate' were removed and replaced with broader categories like 'elected official' and 'judge' to simplify the list of protected individuals.

New definitions were added for 'Controlling agency' and 'Record' to clarify which entities and digital platforms are subject to the redaction rules.

REQUIREMENT

A new requirement was added stating that covered individuals must sign a written affirmation acknowledging that redacting their address may cause them to miss important legal, promotional, or official notices.

The requirement for agencies to remove information was updated to specify that agencies must make 'reasonable efforts' to remove data from all their records, rather than an absolute mandate to remove it from every location.

A new subsection (d) was added listing twelve specific exceptions where disclosure of personal residential information is still permitted, including real estate transactions, title insurance, and political challenges.

ELIGIBILITY

The definition of 'covered individual' was streamlined by removing granular job titles in favor of broader professional categories.

TECHNICAL

The text was converted to the final enrolled format, including signatures from legislative clerks and the governor, and the effective date was set to 90 days after passage.

Introduced Version → Engrossed Committee Substitute · 5 edits · Mar 14, 2026

MODERATE

The bill was significantly rewritten to expand protection from a narrow list of retired officials to include active and former judges, prosecutors, law enforcement, and legislators along with their immediate families. The version now requires agencies to remove or redact addresses immediately upon written request, whereas the original only required redaction upon request. The civil remedy section was also simplified to focus on injunctive relief and attorney's fees rather than listing specific types of damages.

Scope change

The bill's scope expanded from protecting only retired judges, prosecutors, and law enforcement officers to include active and former members of all listed groups, plus legislators and federal officials.

ELIGIBILITY

Expanded coverage to include active and former legislators, federal officials, and public defenders, in addition to the previously listed retired state officials.

DEFINITION

Added specific definitions for 'judicial officer', 'prosecutor', and 'law-enforcement officer' to clarify exactly who is protected.

REQUIREMENT

Changed the agency obligation from redacting information upon request to immediately removing or redacting it upon receiving a written request.

Added a new exemption allowing disclosure to consumer reporting agencies and the Secretary of State for election duties.

ENFORCEMENT

Revised the civil remedy to focus on injunctive or declaratory relief and attorney's fees, removing specific mentions of actual damages.

Relating to protection of personal residential information of certain public officials.

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