VCOG's 2008 Legislative Roundup
This is a roundup of FOIA legislation from the 2008 session – plus miscellany of interest.
For an excellent roundup of FOIA-specific bills that passed, go the FOI Advisory Council's update.
Bills that did not pass or were referred to the FOIA Council have been moved to the bottom of the page.
HB181
R.G. Marshall
Signed by Governor
Provides that a court may in a criminal trial, upon the motion of either party or its own motion, and for good cause shown, issue a protective order regulating the disclosure of personal information of a juror to any person other than the counsel for either party. Good cause shown includes, but is not limited to, a likelihood of bribery, tampering, or physical injury to or harassment of a juror. "Personal information" is defined as any information collected by the court, clerk, or jury commissioner including, but not limited to, a juror's name, age, occupation, home and business addresses, telephone numbers, email addresses, and any other identifying information that would assist another in locating or contacting the juror. The bill also directs the Supreme Court to prescribe and publish rules that provide for the protection of a juror's personal information.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb181&Submit2=Go
HB246
O'Bannon
Signed by Governor
Requires the Board of Education to develop a database of local school divisions' best practices regarding nutrition and physical education, including results of wellness-related fitness assessments. The database shall be accessible to all local school divisions and the Department of Health, and no school division shall be required to submit information to the database.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb246&Submit2=Go
HB251
O'Bannon
Signed by Governor
Amends FOIA exemption to include any information acquired during a review by the state Adult Fatality Review Team of a suspicious death of an incapacitated person over 18 and an adult at least 60 years old who was the subject of an adult protective services investigation, whose death was due to abuse or neglect, and whose death comes under the jurisdiction of the state Medical Examinerís Office.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb251&Submit2=Go
HB407
Oder
Signed by Governor
Exempts records maintained by a public institution of higher education in connection with fundraising activities conducted by or for such institution to the extent that such records reveal (i) personal fundraising strategies relating to identifiable donors or prospective donors or (ii) wealth assessments; estate, financial, or tax planning information; health-related information; employment, familial, or marital status information; electronic mail addresses, facsimile or telephone numbers; birth dates or social security numbers of identifiable donors or prospective donors.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb407&Submit2=Go
HB520
Suit
Signed by Governor
Adds a FOIA exemption for records of the Virginia Military Advisory Council, the Virginia National Defense Industrial Authority, or a local or regional military affairs organization appointed by a local governing body, to the extent such records (i) contain information relating to strategies under consideration or development by the Council, the Authority or such local or regional organization to prevent the closure or realignment of federal military installations located in Virginia, to limit the adverse economic effect of such realignment or closure, or to seek additional tenant activity growth from the Department of Defense or (ii) disclose trade secrets provided to the Council, the Authority, or such local or regional organization in connection with their work. The bill also adds a closed meeting exemption for discussion of such topics by the Virginia Military Advisory Council, the Virginia National Defense Industrial Authority, or such local or regional organization.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb520&Submit2=Go
HB537
Orrock
Signed by Governor
Exempts records sent by veterinarians to local treasurers from public access under the Freedom of Information Act when such information is not contained in the animal license or license application.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb537&Submit2=Go
HB603
O'Bannon
Signed by Governor
Creates FOIA exemption for certain ocuments and other information of a proprietary or confidential nature disclosed by a carrier to the State Health Commissioner pursuant to § 38.2-3407.15:1.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb603&Submit2=Go
HB627
May
Signed by Governor
Requires that projects undertaken under the Public-Private Transportation Act of 1995 (PPTA) be part of the Commonwealth Transportation Board's six-year improvement plan. The bill also requires that the responsible public entity must conduct a traditional public hearing on any proposal prior to granting approval of the development and/or operation of the transportation facility or facilities as a qualifying transportation facility.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb627
HB633
May
Signed by Governor
Prohibits the dissemination of another person's social security number, regardless of whether such number is obtained from a public or private record. Currently, the prohibition against dissemination only applies to social security numbers obtained from private sources. This bill is a recommendation of the Freedom of Information Advisory Council and the Joint Commission on Technology and Science.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb633&Submit2=Go
HB634
May
Signed by Governor
Provides that no agency shall require an individual to furnish or disclose his social security number (SSN) or driver's license number unless the furnishing or disclosure of such number is (i) expressly authorized by state or federal law and (ii) essential for the performance of that agency's duties. The bill also strengthens the remedies provisions of the GDCDPA by adding civil penalties matching those in FOIA, and grants general district courts the authority to hear GDCDPA cases. Additionally, the bill has enactment clauses giving it a delayed effective date of July 1, 2009, and requires state agencies to study their own collection and use of SSNs and report to the FOIA Council and JCOTS on such collection and use by October 1, 2008. The bill also contains a fourth enactment clause providing for the gathering of similar information about the use and collection of SSNs by cities, counties and towns with a population greater than 15,000. The bill is a recommendation of the Freedom of Information Advisory Council and JCOTS.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb634&Submit2=Go
HB662
Lewis
Signed by Governor
Includes as a confidential tax document any document that is required to be filed with the Department of Conservation and Recreation under the land preservation tax credit program.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb662&Submit2=Go
HB677
Plum
Signed by Governor
Provides that at least 30 days prior to entering into an interim or comprehensive agreement under the Public-Private Educational Facilities and Infrastructure Act, a responsible public entity must hold a public hearing on the proposals. Currently a responsible public entity is required to provide an opportunity for public comment, which may include a public hearing at the sole discretion of the responsible public entity.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb677
HB768
Tata
Signed by Governor
Creates records and meetings exemption for Investigator notes, and other correspondence and information, furnished in confidence with respect to an active investigation conducted by or for the Board of Education related to the denial, suspension, or revocation of teacher licenses. However, this section shall not prohibit the disclosure of records to (i) a local school board or division superintendent for the purpose of permitting such board or superintendent to consider or to take personnel action with regard to an employee or (ii) any requester, after the conclusion of such investigation, in a form that does not reveal the identity of charging parties, persons supplying the information, or other individuals involved in the investigation. No personally identifiable information in the records regarding a current or former student shall be released except as permitted by state or federal law.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb768&Submit2=Go
HB781
Kilgore & Johnson
Signed by Governor
Creates Southwest Virginia Cultural Heritage Commission & makes explicit that it is subject to FOIA.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb781&Submit2=Go
HB789
Ingram
Signed by Governor
Bill provides that any PAC that registers after October 1 will have enhanced (instant) reporting requirements through Election Day. This bill seeks to address a loophole that allows PACS that do not register with SBE until after October 1 to participate in the election process - work to elect or defeat a candidate -- with absolutely no disclosure of the source of their funds. (This would create a continuous feed of data.)
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb789&Submit2=Go
HB805
Englin
Signed by Governor
Creates the Advance Health Care Directive Registry & exempts it from FOIA.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb805&Submit2=Go
HB854
Ebbin
Signed by Governor
Allows any local governing body, school board, or any authority, board, bureau, commission, district, or agency of local government to meet by electronic communication means without a quorum of the public body physically assembled at one location when the Governor has declared a state of emergency in accordance with § 44-146.17, provided (i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose of the meeting is to address the emergency. The local public body convening the meeting shall (a) give public notice using the best available method given the nature of the emergency, which notice shall be given contemporaneously with the notice provided members of the local public body conducting the meeting; (b) make arrangements for public access to such meeting; and (c) otherwise comply with the provisions for electronic communication meetings. The nature of the emergency and the fact that the meeting was held by electronic communication means shall be stated in the minutes. The bill contains a technical amendment. The bill is a recommendation of the Freedom of Information Advisory Council.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb854&Submit2=Go
HB1003
Bell
Signed by Governor
Requires that data related to the Commonwealth's nursing workforce, which is currently collected by the Board of Nursing, shall be published, in aggregate form and in a format that is accessible to the public, on the Department of Health Professions website.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1003&Submit2=Go
HB1007
D. Jones
Signed by Governor
Virginia Fusion Intelligence Center; confidentiality; immunity. Provides that papers, evidence, information, etc., and databases or other information in the possession of the State Police are confidential and not subject to the Virginia Freedom of Information Act or the Government Data Collections and Disseminations Practices Act. The bill also provides that employees of the Department are not subject to subpoena in any civil action concerning criminal intelligence information or terrorism investigation. The bill restricts the release or dissemination of information without prior authorization from the Virginia Fusion Intelligence Center and punishes any person who knowingly disseminates information with a Class 1 misdemeanor. If such unauthorized release or dissemination results in death or serious bodily injury, such person is guilty of a Class 4 felony.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1007&Submit2=Go
HB1040
Griffin
Signed by Governor
Clarifies that regardless of the manner by which health records relating to an individual are compelled to be disclosed pursuant to a subpoena, search warrant, or court order, nothing prohibits any staff or employee of a health care entity from providing information about such individual to a law-enforcement officer in connection with such subpoena, search warrant, or court order.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1040&Submit2=Go
HB1124
S.C. Jones
Signed by Governor
Within bill giving VCU new operational powers, clarifies that any new management entities created are subject to FOIA.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1124&Submit2=Go
HB1271
Ebbin
Signed by Governor
Broadens current FOIA exemption 2.2-3705.6(13) to apply to any type of franchise and protects trade secrets and confidential proprietary information from both bidders for the franchise and the person who is ultimately awarded the franchise. Currently, the exemption is limited to cable TV franchises.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+HB1271
HB1280
Spruill, Abbitt, Armstrong
Signed by Governor
Technical changes to 2.2-3705.3(1) substituting Agriculture and Consumer Services for Charitable Gaming.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+HB1280
HB1332
Landes
Signed by Governor
Vests the authority to issue and enforce permits (including general permits), licenses, and certificates related to air and water pollution with the Director of the Department of Environmental Quality. The bill also rewords § 2.2-3705.7(16) to reflect that change.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+HB1332
HB1367
S.C. Jones
Signed by Governor
Adds a FOIA exemption for the records maintained by the Department of
the Treasury or participants in the Local Government Investment Pool,
to the extent such records relate to information required to be
provided by such participants to the Department to establish accounts.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+HB1367
HB1390
Putney
Signed by Governor
Within bill giving VCU new operational powers, clarifies that any new management entities created are subject to FOIA with respect to procurement.
(see also SB442)
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1390&Submit2=Go
HB1410
Ingram
Signed by Governor
Provides that the person who accepts a paid political advertisement for a newspaper or publication must mail notice, before publishing the advertisement, to any candidate named in the advertisement of the identity of the person who submitted the advertisement when the authorization statement on the advertisement is made by an individual or entity other than a candidate, candidate campaign committee, political party committee, or political action committee.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1410&Submit2=Go
HB 1446
Ingram
Signed by Governor
Bill provides more frequent reporting before May municipal elections. Current law states that most candidates do not have to report any information about their finances until 8 days before the May election. This situation does not give the public timely information.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1446&Submit2=Go
HB1458
Cosgrove
Signed by Governor
Adds Innovative Technolgoy Authority to exemption 2.2-3705.6(17), related to grant applications, and to 2.2-3711(30).
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1458&Submit2=Go
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SB61
Howell
Signed by Governor
Requires the Board of Education to develop a database of local school divisions' best practices regarding nutrition and physical education, including results of wellness-related fitness assessments. The database shall be accessible to all local school divisions and the Department of Health, and no school
(See also HB246)
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb61&Submit2=Go
SB130
Houck
Signed by Governor
Exempts records maintained by a public institution of higher education in connection with fundraising activities conducted by or for such institution to the extent that such records reveal (i) personal fundraising strategies relating to identifiable donors or prospective donors or (ii) wealth assessments; estate, financial, or tax planning information; health-related information; employment, familial, or marital status information; electronic mail addresses, facsimile or telephone numbers; birth dates or social security numbers of identifiable donors or prospective donors.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb130&Submit2=Go
SB131
Houck
Signed by Governor
Allows any local governing body, school board, or any authority, board, bureau, commission, district, or agency of local government to meet by electronic communication means without a quorum of the public body physically assembled at one location when the Governor has declared a state of emergency in accordance with § 44-146.17, provided (i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose of the meeting is to address the emergency. The local public body convening the meeting shall (a) give public notice using the best available method given the nature of the emergency, which notice shall be given contemporaneously with the notice provided members of the local public body conducting the meeting; (b) make arrangements for public access to such meeting; and (c) otherwise comply with the provisions for electronic communication meetings. The nature of the emergency and the fact that the meeting was held by electronic communication means shall be stated in the minutes. The bill contains a technical amendment. The bill is a recommendation of the Freedom of Information Advisory Council.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb131&Submit2=Go
SB132
Houck
Signed by Governor
Provides that no agency shall require an individual to furnish or disclose his social security number (SSN) or driver's license number unless the furnishing or disclosure of such number is (i) expressly authorized by state or federal law and (ii) essential for the performance of that agency's duties. The bill also strengthens the remedies provisions of the GDCDPA by adding civil penalties matching those in FOIA, and grants general district courts the authority to hear GDCDPA cases. Additionally, the bill has enactment clauses giving it a delayed effective date of July 1, 2009, and requires state agencies to study their own collection and use of SSNs and report to the FOIA Council and JCOTS on such collection and use by October 1, 2008. The bill also contains a fourth enactment clause providing for the gathering of similar information about the use and collection of SSNs by cities, counties and towns with a population greater than 15,000. The bill is a recommendation of the Freedom of Information Advisory Council and JCOTS.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb132&Submit2=Go
SB133
Houck
Signed by Governor
Prohibits the dissemination of another person's social security number, regardless of whether such number is obtained from a public or private record. Currently, the prohibition against dissemination only applies to social security numbers obtained from private sources. This bill is a recommendation of the Freedom of Information Advisory Council and the Joint Commission on Technology and Science.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb133&Submit2=Go
SB199
Puller
Signed by Governor
Technical amendments to FOIA changing references to the Department of Charitable Gaming to Department of Agriculture and Consumer Services.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb199&Submit2=Go
SB210
Stosch
Signed by Governor
Creates an exemption from FOIA for trade secrets; financial records, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; and revenue and cost projections supplied by a private or nongovernmental entity to the Inspector General of the Virginia Department of Transportation for the purpose of an audit, special investigation, or any study requested by the Inspector General's Office.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb210&Submit2=Go
SB290
Barker
Signed by Governor
Requires the Department of Health to create and maintain a secure online central registry for advance health care directives. The registry shall be accessible to health care providers licensed by the Board, through a site maintained by the Department of Health.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb290&Submit2=Go
SB307
Reynolds
Signed by Governor
Database breach notification
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb307&Submit2=Go
SB423
Puckett
Signed by Governor
Vests the authority to issue and enforce permits (including general permits), licenses, and certificates related to air and water pollution with the Director of the Department of Environmental Quality, and rewords § 2.2-3705.7(16) to reflect the change.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb423
SB442
Houck
Signed by Governor
Within bill giving VCU new operational powers, clarifies that any new management entities created are subject to FOIA with respect to procurement.
(see also HSB1390)
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb442&Submit2=Go
SB545
Hurt
Signed by Governor
Creates FOIA exemption for records of the Office of the Attorney General acting pursuant to its enforcement authority under Article 5 (§ 3.1-336.1 et seq.) or Article 6 (§ 3.1-336.3 et seq.) of Chapter 18 of Title 3.1, to the extent that such records contain reports, affidavits, correspondence, or other information submitted by a private business entity or principal thereof to the Office of the Attorney General.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+SB545
SB593
Norment
Signed by Governor
Allows the discussion or consideration of confidential proprietary records provided by a private business to certain state, local, or regional industrial or economic development authorities or organizations for business, trade and tourism development to be conducted in meetings not open to the public.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+SB593
SB622
Stolle
Signed by Governor
Clarifies a number of issues for circuit court clerks including: use of the last four digits of a social security number on judgments (filer is responsible); that the clerk may provide information from a locality to remote access users; filer is responsible for cover sheet accuracy; allowing the clerk to rely on the cover sheet to index; the difference between e-filing of court records and e-recording of land records. The bill also provides standard definitions of subscriber, secure remote access, public access, and electronic recording of land records. The bill establishes a $5 per document fee for e-recording of a land record and provides for a $50 per month subscription rate for remote access to land, civil, and criminal records. The bill also increases various fees collected by clerks to generate revenue for deputy clerk salary increases.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+SB622
BILLS THAT DID NOT PASS OR WERE REFERRED TO THE FOI ADVISORY COUNCIL FOR FURTHER STUDY
HB20
Lingamfelter
Continued to 2009 in Privileges & Elections/Elections
Adds party affiliation to the information that an applicant is asked to provide when registering to vote.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb20&Submit2=Go
HB55
Lingamfelter
Continued to Rules 2009
States
that, except as provided by federal law, English is the official
language of the Commonwealth, and no state agency or local government
shall provide or otherwise assist in providing any documents,
information, literature, or other written materials in any language
other than English. The bill provides exceptions to this general rule
for any documents, information, literature, or other written materials
in a language other than English used in connection with foreign
language instruction, administration of justice in the courts of the
Commonwealth, law-enforcement purposes, or the provision of health care
services.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb55&Submit2=Go
HB176
Ware
Incorporated by HB12
Payday Loan Act: creates a database of payday loan applicants and exempts the database from FOIA.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb176&Submit2=Go
HB182
R.G. Marshall
Left in General Laws
Drops
the Virginia Museum of Natural History (which would be transferring its
governance to the Science Museum of Virginia) from FOIA meeting
exemption 2.2-3711(A)(9).
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb182&Submit2=Go
HB198
R.G. Marshall
Left in Rules
Eliminates
the Human Rights Council and establishes the Division of Human Rights
within the Department of Law to carry out the powers and duties of the
Human Rights Council. The bill contains technical amendments, including
this amendment to §2.2-523: "It shall be unlawful for any officer or
employee of the Department of Law to make public, prior to a public
hearing pursuant to § 2.2-520, investigative notes and other
correspondence and information furnished to the Division in confidence
with respect to an investigation or conciliation process involving an
alleged unlawful discriminatory practice."
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb198&Submit2=Go
HB313
Landes
Left in General Laws
Removes
the current exemption in FOIA for working papers and correspondence for
the president or other chief executive officer of any public
institution of higher education in Virginia.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb313&Submit2=Go
HB339
Plum
Left in Privileges and Elections
Creates
the Virginia Advisory Redistricting Commission and affirmatively states
that the commission must comply with FOIA's meeting provisions.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb339&Submit2=Go
HB348
Plum
Left in Transportation
Whenever
any provision of this title requires the Department of Transportation
to supply information to or solicit comments from the governing body of
any county, city, or town, the Department shall, under similar
circumstances, supply such information to or solicit comments from any
homeowner association embracing a population of more than 35,000.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb348&Submit2=Go
HB370
Carrico Sr.
Left in Militia, Police & Public Safety
Prohibits
a clerk of a circuit court and the Department of State Police from
disseminating to the public any personal identifying information
contained on an application for a concealed handgun permit or a court
order issuing a permit.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb370&Submit2=Go
HB376
D. Marshall
Left in Rules
Requires
that all examinations of applicants for driver's licenses be conducted
exclusively in the English language. Use of interpreters in connection
with driver's license examinations is prohibited.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb376&Submit2=Go
HB385
Ware
Left in Courts of Justice
Expands
the type of information, the examination of which without authority
would constitute the crime of computer invasion of privacy, to include
any personal information relating to any other person as well as
another person's name and date of birth.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb385&Submit2=Go
HB390
Bulova
Incorporated by HB1469
Creates the Compromised Data Notification Act, which, following
discovery or notification of a breach of a security system, requires a
state agency that owns or licenses computerized data that includes
personal information to provide notice of the breach to all residents
of Virginia whose unencrypted personal information was or is reasonably
believed to have been acquired by an unauthorized person. The notice
shall be given in the most expedient time possible and without
unreasonable delay, consistent with the legitimate needs of law
enforcement or any measures necessary to determine the scope of the
breach and restore the reasonable integrity of the system.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb390&Submit2=Go
HB593
Hamilton
Left in Appropriations
Creates VirginiaShare Health Insurance Program & makes explicit that its board is subject to FOIA's meeting provisions.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb593&Submit2=Go
HB653
Wright
Left in House Militia, Police & Public Safety
Prohibits
a clerk of a circuit court and the Department of State Police from
disseminating to the public any personal identifying information
contained on an application for a concealed handgun permit or a court
order issuing a permit. (See also HB370)
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb653
HB799
Englin
Left in Privileges & Elections
Requires
the State Board of Elections to mail a voter guide to all registered
voters in advance of the November general election with information on
pending constitutional amendments, statewide referenda, and candidates
for statewide or General Assembly office. The bill also authorizes
localities to provide voter guides for local elections.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb799&Submit2=Go
HB843
Sherwood
Militia, Police & Public Safety / Conformed to HB982 and reported from subcommittee
Protects
from public disclosure permittee names and descriptive information held
by the Department of State Police for purposes of entry into the
Virginia Criminal Information Network. However, the information would
still be available to law-enforcement agencies, officers, and agents in
the course of law-enforcement duties, and nonidentifying statistical
information would be available to the general public. The bill also
requires a circuit court to withhold from public disclosure additional
personal identifying information about the applicant, if the applicant
has requested on the permit application that such information be
withheld. The bill directs the Department of State Police to revise the
application forms to notify the applicant of the right to request that
information be withheld, and to develop procedures for current permit
holders to request that information be withheld from public disclosure.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb843&Submit2=Go
HB857
Ebbin
Incorporated with HB251
Amends 2.2-3705.5(9) to include adult deaths reviewed by the Adult Fatality Review Team.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb857&Submit2=Go
HB858
Ebbin
Passed by in Senate General Laws & Technology w/ letter of recommendation to refer to FOI Advisory Council
Exempts
from FOIA records of a publicly owned museum that can be used to
identify an individual who donates or loans one or more items of
personal property to the museum.
(See also SB641)
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb858&Submit2=Go
HB909
Purkey & Sickles
Left in Appropriations
Exempts
from FOIA any nonstock corporation created to carry out the purposes of
the Virginia Nanotechnology Authority Act of 2007. But, also say,
"Notwithstanding the foregoing, the Auditor of Public Accounts, or his
legally authorized representatives, shall annually audit the financial
accounts of the Authority and any such nonstock corporation entity,
provided that the working papers and files of the Auditor of Public
Accounts relating to such audits shall not be subject to the provisions
of the Freedom of Information Act (§ 2.2-3700 et seq.)."
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb909&Submit2=Go
HB971
Shannon
Incorporated by HB1469
Database breach notification
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb971&Submit2=Go
HB982
Nutter
Continued in Senate Courts of Justice to 2009
Protects
from public disclosure permittee names and descriptive information held
by the Department of State Police for purposes of entry into the
Virginia Criminal Information Network. However, the information would
still be available to law-enforcement agencies, officers, and agents in
the course of law-enforcement duties, and non-identifying statistical
information would be available to the general public. In addition, the
State Police would be required to furnish, at a reasonable cost, a list
of permit holders and their mailing addresses to nonprofit firearms and
hunting educational and issue advocacy groups, but only for the purpose
of education and advocacy.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb982&Submit2=Go
HB1020
Hugo
Left in General Laws
Permits
interim study committees of the General Assembly to conduct meetings
using electronic communications without meeting physical presence
requirements for a quorum. Members participating in such meetings
through electronic communications shall count towards quorum
requirements and have full voting rights.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1020&Submit2=Go
HB1087
Sickles
Left in General Laws
The
social security number of any individual contained in the public
records of a local government shall be confidential and exempt from
disclosure under the Freedom of Information Act. The bill provides,
however, that a social security number may be released (i) in
accordance with a proper judicial order; (ii) to any law-enforcement
agency, officer, or authorized agent thereof acting in the performance
of official law-enforcement duties; or (iii) to any data subject
exercising his rights under the Government Data Collection and
Dissemination Practices Act.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+HB1087
HB1088
Sickles
Left in General Laws
Records
of the Department shall be subject to the disclosure provisions of the
Freedom of Information Act, except that the social security number of
individual applicants for or holders of any hunting, fishing, boating,
or trapping license issued by an agent of the Department shall be
withheld from public disclosure. The bill provides, however, that such
information may be released (i) in accordance with a proper judicial
order or (ii) to any law-enforcement agency, officer, or authorized
agent thereof acting in the performance of official law-enforcement
duties.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+HB1088
HB1096
Sickles
Left in General Laws
Creates
the Protection of Social Security Numbers Act, which prohibits every
agency from releasing those portions of a public record that contain
the social security number of any individual. The bill contains several
exemptions from this general rule and also allows disclosure of the
last four digits of a social security number to certain entities for
the purpose of verifying identity. The bill provides for penalties for
violation and contains technical amendments.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+HB1096
HB1102
Sickles
Left in General Laws
Exempts
from the mandatory disclosure requirements of the Freedom of
Information Act those portions of records containing an individual's
social security number; except that access shall not be denied to the
person who is the subject thereof. Any person who is the subject of any
such record and who is 18 years of age or older may waive, in writing,
these protections. If the protections are so waived, the public body
shall open such records for inspection and copying.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1102&Submit2=Go
HB1103
Sickles
Left in Commerce & Labor
Exempts Payday Loan Database from FOIA
(see also HB 176 and HB 1351)
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1103&Submit2=Go
HB1351
Ware & Bowling
Left in Commerce & Labor
Exempts Payday Loan Database from FOIA
(see also HB1103 and HB 1351)
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1351&Submit2=Go
SB8
Deeds
Incorporated by SB69
Provides
that qualified voters may vote absentee in person without providing an
excuse or reason for not being able to vote in person on election day.
The bill retains the present statutory list of specific reasons
entitling a voter to cast an absentee ballot for those persons who vote
absentee by mail.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb8&Submit2=Go
SB96
Lucas
Incorporated into SB246
Clarifies
that recordings of any involuntary commitment hearing shall be held by
the clerk of the general district court where the hearing is held, and
that all recordings and records of such hearings shall be confidential,
unless such confidentiality is waived, in a signed writing, by the
subject of such a hearing. The bill provides that the dispositional
order of such hearing may be made available by court order, if such
disclosure is in the best interest of the subject of the hearing or the
public. The bill also directs the judge or special justice to order
that copies of the relevant records of the person be released to (i)
the facility in which he is placed; (ii) the community services board
or behavioral health authority of the jurisdiction where the person
resides or which is ordered to monitor any mandatory outpatient
treatment order; (iii) any treatment providers identified in a
treatment plan incorporated into any mandatory outpatient treatment
order; and (iv) any other treatment providers or entities.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb96&Submit2=Go
SB177
Marsh
Continued to 2009 in Finance
Creates
an assisted outpatient treatment program and says this about relevant
recordings and records made of commitment hearings: "All relevant
medical records, reports, and court documents pertaining to the hearing
provided for in this section shall be confidential if so requested by
such person or his counsel, with access provided only upon court order
for good cause shown. Such records, reports, and documents shall not be
subject to the Virginia Freedom of Information Act (§ 2.2-3700 et
seq.). However, such records shall be accessible for the purposes of
medical treatment or for the purposes of investigating whether an
individual is a candidate for assisted outpatient treatment."
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb177&Submit2=Go
SB332
Cucinelli
Left in Courts of Justice
Allows
an applicant for a concealed handgun permit to request that personal
information regarding the permittee be withheld from public disclosure
in response to a Freedom of Information Act request. The bill contains
an emergency clause. For 90 days after the effective date of the act,
the bill would require that no personal information about a concealed
handgun applicant or permittee be released in response to a Freedom of
Information Act request, so as to allow current concealed handgun
permittees the opportunity to request that their personal information
be withheld.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb332&Submit2=Go
SB342
Cuccinelli
Continued by General Laws & Technology to 2009
The
bill requires the purchaser of a state toll facility that is a
non-Commonwealth public or private entity to agree in writing to
conduct all business of the newly acquired toll facility in open
meetings under the provisions of the Virginia Freedom of Information
Act.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+SB342
SB346
Blevins
Passed by indefinitely
Establishes
the State Office of Accountability to be headed by a State Inspector
General to investigate complaints alleging fraud, waste, abuse,
corruption, or mistreatment of citizens of the Commonwealth by a
locality or state agency or public officers and employees. The bill
also authorizes the State Inspector General to examine the management
and operation of state agencies and provides a FOIA record exemption
for SOA investigation notes, correspondence and other documents
submitted in confidence.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb346
SB503
Northam
Stricken at request of patron
Establishes
the Department of Emergency Medical Services to replace the current
Office of Emergency Medical Services and places the new Department
under the Secretary of Public Safety. It also rewords § 2.2-3705.5(5)
to reflect that change.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+SB503
SB529
Houck
Continued to 2009 in Senate Courts of Justice
rotects
from public disclosure permittee names and descriptive information held
by the Department of State Police for purposes of entry into the
Virginia Criminal Information Network. However, the information would
still be available to law-enforcement agencies, officers, and agents in
the course of law-enforcement duties, and non-identifying statistical
information would be available to the general public. This bill is a
recommendation of the Freedom of Information Advisory Council.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb529&Submit2=Go
SB534
Herring
Tabled by House Privileges & Elections/Finance sub.
Bill
provides that any candidate for public office in a county or city with
a population of 100,000 must efile their campaign finance disclosure
reports. The bill would affect 14 localities: Counties of Fairfax,
Prince William, Henrico, Chesterfield, Arlington, and Loudoun and the
Cities of Virginia Beach, Norfolk, Chesapeake, Richmond, Newport News,
Hampton, Alexandria, and Portsmouth.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb534&Submit2=Go
SB578
Saslaw/Watkins
Left in House Appropriations
States that the proposed VirginiaShare Health Insurance Program Board shall conduct meetings in accordance with FOIA provisions.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+SB578
SB647
Ticer
Passed by General Laws & Technology w/ letter to recommend study by FOI Advisory Council
Exempts from FOIA records of a publicly owned museum that can be used
to identify an individual who donates or loans one or more items of
personal property to the museum.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+SB647
SJ62
Barker
Stricken at request of Patron
Establishes
a joint subcommittee to study methods to alleviate the instances when
unforeseen circumstances prevent a local governing body from convening
a quorum for conducting business.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sj62&Submit2=Go
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