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HB5528 • 2026

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

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

Elections
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Cannon, D., Vance , Marple
Last action
2026-03-14
Official status
Effective Ninety Days from Passage - (June 12, 2026)
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English:  HB5528 HFA Funkhouser and Hornby 3-2 #1 Morgan 3345 Delegates Funkhouser and Hornby moved to amend the committee substitute on page 1, section 24a, subsection (a), line 2, by striking the entirety of subdivision (1) and inserting in lieu thereof the following: (1) "Covered individual" means any person who has been elected, served, or been employed, as a judicial officer, prosecutor, federal or state public defender, federal or state assistant public defender, sworn law-enforcement officer employed by the State, a county, or a municipality, or any former member of the Legislature who is not actively serving, and includes any immediate family member residing in the same household as such individual.

  •  HB5528 HFA Funkhouser and Hornby 3-2 #1 Morgan 3345 Delegates Funkhouser and Hornby moved to amend the committee substitute on page 1, section 24a, subsection (a), line 2, by striking the entirety of subdivision (1) and inserting in lieu thereof the following: (1) "Covered individual" means any person who has been elected, served, or been employed, as a judicial officer, prosecutor, federal or state public defender, federal or state assistant public defender, sworn law-enforcement officer employed by the State, a county, or a municipality, or any former member of the Legislature who is not actively serving, and includes any immediate family member residing in the same household as such individual.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5528 HFA Funkhouser and Hornby 3-2 #1_Revised Morgan 3345 Delegates Funkhouser and Hornby moved to amend the committee substitute on page 1, section 24a, subsection (a), line 2, by striking the entirety of subdivision (1) and inserting in lieu thereof the following: (1) "Covered individual" means any person who has been elected, appointed, served, or been employed, as a judicial officer, prosecutor, federal or state public defender, federal or state assistant public defender, law-enforcement officer, or member of the Legislature, and includes any immediate family member residing in the same household as such individual.

  •  HB5528 HFA Funkhouser and Hornby 3-2 #1_Revised Morgan 3345 Delegates Funkhouser and Hornby moved to amend the committee substitute on page 1, section 24a, subsection (a), line 2, by striking the entirety of subdivision (1) and inserting in lieu thereof the following: (1) "Covered individual" means any person who has been elected, appointed, served, or been employed, as a judicial officer, prosecutor, federal or state public defender, federal or state assistant public defender, law-enforcement officer, or member of the Legislature, and includes any immediate family member residing in the same household as such individual.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5528 HFA Funkhouser and Hornby 3-3 #1 Revised-2 Morgan 3345 Delegates Funkhouser and Hornby moved to amend the committee substitute on page 1, section 24a, subsection (a), line 2, by striking the entirety of subdivision (1) and inserting in lieu thereof the following: (1) "Covered individual" means any person who has been elected, appointed, served, or been employed, as a judicial officer, prosecutor, federal or state public defender, federal or state assistant public defender, law-enforcement officer, or member of the Legislature, and includes any immediate family member residing in the same household as such individual.

  •  HB5528 HFA Funkhouser and Hornby 3-3 #1 Revised-2 Morgan 3345 Delegates Funkhouser and Hornby moved to amend the committee substitute on page 1, section 24a, subsection (a), line 2, by striking the entirety of subdivision (1) and inserting in lieu thereof the following: (1) "Covered individual" means any person who has been elected, appointed, served, or been employed, as a judicial officer, prosecutor, federal or state public defender, federal or state assistant public defender, law-enforcement officer, or member of the Legislature, and includes any immediate family member residing in the same household as such individual.
  • And Delegates Funkhouser and Hornby moved to amend the bill on page 3, section 24a, line 45, by striking the entirety of subsection (e) and inserting in lieu thereof the following language: (e) This section does not prohibit disclosure of personal residential information by any state agency, county, municipality, or political subdivision when the disclosure is required by federal law, pursuant to an order of a court, provided to law-enforcement agencies for official purposes, pursuant to §17A-2A-7 of this code, provided to a consumer reporting agency, as defined in the Fair Credit Reporting Act, 15 USC 1681 et seq., provided to the Secretary of State, or his or her appointee or designee, in fulfilling and satisfying all powers and duties vested to the Secretary of State as the chief election official of the state pursuant to §3-1A-6 of the code, provided to election officials, including but not limited to the Secretary of State and appropriate county clerks, for voter registration or candidacy requirements so long as such information is not made publicly accessible, or provided pursuant to a valid subpoena or lawful discovery request.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5528 HFA Funkhouser and Hornby 3-3 #1 Revised-2 Morgan 3345 Delegates Funkhouser and Hornby moved to amend the committee substitute on page 1, section 24a, subsection (a), line 2, by striking the entirety of subdivision (1) and inserting in lieu thereof the following: (1) "Covered individual" means any person who has been elected, appointed, served, or been employed, as a judicial officer, prosecutor, federal or state public defender, federal or state assistant public defender, law-enforcement officer, or member of the Legislature, and includes any immediate family member residing in the same household as such individual.

  •  HB5528 HFA Funkhouser and Hornby 3-3 #1 Revised-2 Morgan 3345 Delegates Funkhouser and Hornby moved to amend the committee substitute on page 1, section 24a, subsection (a), line 2, by striking the entirety of subdivision (1) and inserting in lieu thereof the following: (1) "Covered individual" means any person who has been elected, appointed, served, or been employed, as a judicial officer, prosecutor, federal or state public defender, federal or state assistant public defender, law-enforcement officer, or member of the Legislature, and includes any immediate family member residing in the same household as such individual.
  • And Delegates Funkhouser and Hornby moved to amend the bill on page 3, section 24a, line 45, by striking the entirety of subsection (e) and inserting in lieu thereof the following language: (e) This section does not prohibit disclosure of personal residential information by any state agency, county, municipality, or political subdivision when the disclosure is required by federal law, pursuant to an order of a court, provided to law-enforcement agencies for official purposes, pursuant to §17A-2A-7 of this code, provided to a consumer reporting agency, as defined in the Fair Credit Reporting Act, 15 USC 1681 et seq., provided to the Secretary of State, or his or her appointee or designee, in fulfilling and satisfying all powers and duties vested to the Secretary of State as the chief election official of the state pursuant to §3-1A-6 of the code, provided to election officials, including but not limited to the Secretary of State and appropriate county clerks, for voter registration or candidacy requirements so long as such information is not made publicly accessible, or provided pursuant to a valid subpoena or lawful discovery request.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5528 HFA Funkhouser and Hornby 3-3 #1 Revised-2 Morgan 3345 Delegates Funkhouser and Hornby moved to amend the committee substitute on page 1, section 24a, subsection (a), line 2, by striking the entirety of subdivision (1) and inserting in lieu thereof the following: (1) "Covered individual" means any person who has been elected, appointed, served, or been employed, as a judicial officer, prosecutor, federal or state public defender, federal or state assistant public defender, law-enforcement officer, or member of the Legislature, and includes any immediate family member residing in the same household as such individual.

  •  HB5528 HFA Funkhouser and Hornby 3-3 #1 Revised-2 Morgan 3345 Delegates Funkhouser and Hornby moved to amend the committee substitute on page 1, section 24a, subsection (a), line 2, by striking the entirety of subdivision (1) and inserting in lieu thereof the following: (1) "Covered individual" means any person who has been elected, appointed, served, or been employed, as a judicial officer, prosecutor, federal or state public defender, federal or state assistant public defender, law-enforcement officer, or member of the Legislature, and includes any immediate family member residing in the same household as such individual.
  • And Delegates Funkhouser and Hornby moved to amend the bill on page 3, section 24a, line 45, by striking the entirety of subsection (e) and inserting in lieu thereof the following language: (e) This section does not prohibit disclosure of personal residential information by any state agency, county, municipality, or political subdivision when the disclosure is required by federal law, pursuant to an order of a court, provided to law-enforcement agencies for official purposes, pursuant to §17A-2A-7 of this code, provided to a consumer reporting agency, as defined in the Fair Credit Reporting Act, 15 USC 1681 et seq., provided to the Secretary of State, or his or her appointee or designee, in fulfilling and satisfying all powers and duties vested to the Secretary of State as the chief election official of the state pursuant to §3-1A-6 of the code, provided to election officials, including but not limited to the Secretary of State and appropriate county clerks, for voter registration or candidacy requirements so long as such information is not made publicly accessible, or provided pursuant to a valid subpoena or lawful discovery request.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5528 HFA Funkhouser and Hornby 3-3 #3_Revised Morgan 3345 Delegates Funkhouser and Hornby moved to amend the committee substitute on page 1, section 24a, subsection (a), line 2, by striking the entirety of subdivision (1) and inserting in lieu thereof the following: (1) "Covered individual" means any person who has been elected, appointed, served, or been employed, as a judicial officer, prosecutor, federal or state public defender, federal or state assistant public defender, law-enforcement officer, or member of the Legislature, and includes any immediate family member residing in the same household as such individual.

  •  HB5528 HFA Funkhouser and Hornby 3-3 #3_Revised Morgan 3345 Delegates Funkhouser and Hornby moved to amend the committee substitute on page 1, section 24a, subsection (a), line 2, by striking the entirety of subdivision (1) and inserting in lieu thereof the following: (1) "Covered individual" means any person who has been elected, appointed, served, or been employed, as a judicial officer, prosecutor, federal or state public defender, federal or state assistant public defender, law-enforcement officer, or member of the Legislature, and includes any immediate family member residing in the same household as such individual.
  • And Delegates Funkhouser and Hornby moved to amend the bill on page 3, section 24a, line 45, by striking the entirety of subsection (e) and inserting in lieu thereof the following language: (e) This section does not prohibit disclosure of personal residential information by any state agency, county, municipality, or political subdivision when the disclosure is required by federal law, pursuant to an order of a court, provided to law-enforcement agencies for official purposes, pursuant to §17A-2A-7 of this code, provided to a consumer reporting agency, as defined in the Fair Credit Reporting Act, 15 USC 1681 et seq., provided to the Secretary of State, or his or her appointee or designee, in fulfilling and satisfying all powers and duties vested to the Secretary of State as the chief election official of the state pursuant to §3-1A-6 of the code, provided to election officials, including but not limited to the Secretary of State and appropriate county clerks, for voter registration or candidacy requirements so long as such information is not made publicly accessible, or provided pursuant to a valid subpoena or lawful discovery request.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5528 HFAT Akers 3-4 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.

  •  HB5528 HFAT Akers 3-4 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
  • B.
  • 5528 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §5A-8-24a, relating to providing protection of personal residential information of certain designated covered individuals and defining who these individuals are; setting forth definitions; providing a restriction on knowing disclosure of a covered individual’s personal residential information by any state agency, county, municipality, or political subdivision on a publicly accessible website, database, or record after receipt of a written request from a covered individual that the state agency, county, municipality, or political subdivision remove or redact the covered individual’s personal residential information; requiring removal or redaction of the personal residential information by the state agency, county, municipality, or political subdivision upon receipt of a written request from a covered individual that the state agency, county, municipality, or political subdivision remove or redact the covered individual’s personal residential information; establishing a civil action for injunctive and declaratory relief for failure to remove or redact non-permitted and knowing disclosures after receipt of a written request from a covered individual to remove or redact the personal residential information; relating to providing that should a court grant injunctive or declaratory relief pursuant to a civil action, the state agency, county, municipality, or political subdivision responsible for the violation shall be required to pay reasonable attorney’s fees and other litigation costs reasonably incurred by the covered individual, as applicable and appropriate; and setting forth what constitutes permitted disclosures of a covered individual’s personal residential information.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5528 HFAT Akers 3-4 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.

  •  HB5528 HFAT Akers 3-4 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
  • B.
  • 5528 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §5A-8-24a, relating to providing protection of personal residential information of certain designated covered individuals and defining who these individuals are; setting forth definitions; providing a restriction on knowing disclosure of a covered individual’s personal residential information by any state agency, county, municipality, or political subdivision on a publicly accessible website, database, or record after receipt of a written request from a covered individual that the state agency, county, municipality, or political subdivision remove or redact the covered individual’s personal residential information; requiring removal or redaction of the personal residential information by the state agency, county, municipality, or political subdivision upon receipt of a written request from a covered individual that the state agency, county, municipality, or political subdivision remove or redact the covered individual’s personal residential information; establishing a civil action for injunctive and declaratory relief for failure to remove or redact non-permitted and knowing disclosures after receipt of a written request from a covered individual to remove or redact the personal residential information; relating to providing that should a court grant injunctive or declaratory relief pursuant to a civil action, the state agency, county, municipality, or political subdivision responsible for the violation shall be required to pay reasonable attorney’s fees and other litigation costs reasonably incurred by the covered individual, as applicable and appropriate; and setting forth what constitutes permitted disclosures of a covered individual’s personal residential information.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Bill History

  1. 2026-03-30 H

    Approved by Governor 3/27/2026

  2. 2026-03-25 H

    To Governor 3/25/26

  3. 2026-03-14 S

    Approved by Governor 3/27/2026 - Senate Journal

  4. 2026-03-14 H

    Approved by Governor 3/27/2026 - House Journal

  5. 2026-03-14 S

    To Governor 3/25/2026 - Senate Journal

  6. 2026-03-14 S

    House Message received

  7. 2026-03-14 H

    Completed legislative action

  8. 2026-03-14 H

    Communicated to Senate

  9. 2026-03-14 H

    House concurred in Senate amendment and passed bill (Roll No. 667)

  10. 2026-03-14 H

    House received Senate message

  11. 2026-03-13 S

    Senate requests House to concur

  12. 2026-03-13 S

    Passed Senate with amended title (Roll No. 573)

  13. 2026-03-13 S

    Read 3rd time

  14. 2026-03-13 S

    On 3rd reading

  15. 2026-03-12 S

    Committee amendment adopted (Voice vote)

  16. 2026-03-12 S

    Read 2nd time

  17. 2026-03-12 S

    On 2nd reading

  18. 2026-03-11 S

    Read 1st time

  19. 2026-03-11 S

    Immediate consideration

  20. 2026-03-11 S

    Reported do pass, with amendment and title amendment

  21. 2026-03-05 S

    To Judiciary

  22. 2026-03-05 S

    To Judiciary

  23. 2026-03-05 S

    Introduced in Senate

  24. 2026-03-04 H

    Communicated to Senate

  25. 2026-03-04 H

    Title amendment adopted (Voice vote)

  26. 2026-03-04 H

    Passed House (Roll No. 330)

  27. 2026-03-04 H

    Read 3rd time

  28. 2026-03-04 H

    On 3rd reading, Special Calendar

  29. 2026-03-03 H

    Amendment adopted (Voice vote)

  30. 2026-03-03 H

    Amendment reported by the Clerk

  31. 2026-03-03 H

    Read 2nd time

  32. 2026-03-03 H

    On 2nd reading, Special Calendar

  33. 2026-03-02 H

    Read 1st time

  34. 2026-03-02 H

    On 1st reading, Special Calendar

  35. 2026-02-27 H

    By substitute, do pass

  36. 2026-02-26 H

    Markup Discussion

  37. 2026-02-13 H

    To House Judiciary

  38. 2026-02-13 H

    Introduced in House

  39. 2026-02-13 H

    To Judiciary

  40. 2026-02-13 H

    Filed for introduction

Official Summary Text

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

Current Bill Text

Read the full stored bill text
HB 5528 Text

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WEST virginia legislature
2026 regular session
ENROLLED
Committee Substitute
for
House Bill 5528
By Delegates D. Cannon, Vance, and Marple
[Passed March 14, 2026; in effect 90 days from passage (June 12, 2026)]

AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §5A-8-24a, relating to providing protection of personal residential information of certain public officials; setting forth definitions; requiring a removal or redaction of personal residential information upon a written request; establishing a civil remedy; setting forth permitted disclosures; and requiring a written affirmation that the covered individual understands the redaction of information may cause the forfeiture of certain legal, promotional, or official notices.
Be it enacted by the Legislature of West Virginia:

ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.

§5A-8-24a. Protection of Personal Residential Information of Certain Public Officials.

(a) For purposes of this section:
"Covered individual" means any person who is or was previously elected, appointed, served, or employed as a judicial officer, prosecutor, public defender, law-enforcement officer, elected official, or campaign treasurer and includes any immediate family member residing in the same household as that individual.
“Controlling agency” means the state agency, county, municipality, or political subdivision that is in possession or control of a publicly accessible website, database, or record, containing personal residential information.
“Immediate family member” means spouse, child, parent, or any other family member related by blood or by law to the covered individual, and who resides in the same residence as the covered individual.
“Judicial officer” means a justice of the United States Supreme Court, any federal judge, a justice of the Supreme Court of Appeals of West Virginia, a state circuit judge, a family court judge, a magistrate, a state or federal administrative law judge, a municipal court judge, or any other judge established by state law.
“Law-enforcement officer” has the same meaning as that term is defined in §30-29-1 of this code and includes those individuals defined as “chief executive” in §30-29-1 of this code.
"Personal residential information" means a covered individual’s home street address, personal residential telephone number, personal cellular telephone number that is not issued by an employing agency, or name when the name is associated with the home street address.
“Prosecutor” means the United States Attorney or his or her assistant United States attorneys, any other prosecutor established by federal law, the Attorney General or his or her assistant attorneys general, a county prosecuting attorney or his or her assistant prosecuting attorneys, or any other prosecutor established by state law.
“Record” means a publicly and remotely accessible website or database.
(b) If a covered individual provides a written request to the controlling agency and the covered individual identifies a specific record with personal residential information, the controlling agency shall remove or redact the covered individual’s personal residential information from the specified record and shall make reasonable efforts to remove the information from all other records within the controlling state agency.
(c) If a covered individual provides a written request to the controlling state agency to have personal residential information removed or redacted and the controlling agency fails to remove or redact the information on the specified record, the covered individual may bring a civil action for injunctive or declaratory relief. If the court grants injunctive or declaratory relief, the controlling agency responsible for the violation may be required to pay reasonable attorneys’ fees and other litigation costs reasonably incurred by the covered individual, as applicable and appropriate.
(d) This section does not prohibit disclosure of personal residential information for the following:
(1) Internal government use;
(2) Disclosures required by federal law;
(3) Disclosures to a consumer reporting agency, as defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681
et seq.
;
(4) Disclosures required pursuant to §15-12-1 of this code
et seq.
;
(5) Disclosures to local, state, or federal law-enforcement agencies;
(6) Disclosures subject to a valid subpoena or lawful discovery request;
(7) Disclosures required pursuant to §17A-2A-7 of this code;
(8) Physical documents affecting the title of real property recorded and indexed by a county;
(9) Disclosures to a title insurance company, title insurance agent, attorney, mortgage guarantee insurance company, mortgage loan originator, real estate broker, or realtor;
(10) Records associated with Uniform Commercial Code filings and financing statements;
(11) Information provided to the Secretary of State, or his or her designee, or the chief local election officers, or their designees, for the purposes of enforcing election law; and
(12) Disclosures to electoral opponents, or the local chairperson of a political party, of covered individuals for the purpose of challenging a candidate’s eligibility.
(e) At the time of the written request, the covered individuals shall affirm in writing that he or she understands the redaction may cause the individual to forfeit certain legal, promotional, or official notices that otherwise would be provided but for the redaction or nondisclosure.

The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

...............................................................

Clerk of the House of Delegates

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Clerk of the Senate

Originated in the House of Delegates.

In effect 90 days from passage.

...............................................................

Speaker of the House of Delegates

...............................................................

President of the Senate

__________

The within is ................................................ this the...........................................

Day of ..........................................................................................................., 2026.

.............................................................
Governor

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