|
BILL
|
PATRON
|
STATUS
|
DESCRIPTION
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VPA POSITION
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HB 176
|
Onzlee Ware
|
Referred to House Commerce & Labor Committee
|
The bill would exempt from FOIA information contained in a proposed payday loan database.
|
Monitor
|
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HB 181
|
R.G. Marshall
|
Assigned to House Courts of Justice Committee's Criminal Subcommittee
|
The bill states 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.
|
Monitor
|
|
HB 182
|
R.G. Marshall
|
Referred to House General Laws Committee
|
The bill transfers the governance and operations from the Board of Trustees of the Virginia Museum of Natural
History to the Science Museum of Virginia. A FOIA meeting exemption is amended to reflect that transfer.
|
Monitor
|
|
HB 198
|
R.G. Marshall
|
Referred to House Rules Committee
|
The bill would disallow public disclosure, prior to a public hearing, of investigative notes and other
correspondence pertaining to an alleged unlawful discriminatory practice. Nothing in this section,
however, shall prohibit the distribution of information taken from inactive reports in a form that does not
reveal the identity of the parties involved or other persons supplying information.
|
Monitor
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|
HB 251
|
John M. O'Bannon III
|
Amended by House Health, Welfare & Institutions Committee. Referred to House Appropriations Committee's
Health and Human Resources Committee
|
(As amended) The bill exempts from FOIA any information acquired to the extent made confidential by state code during a review by the state Adult Fatality Review Team
of a suspicious death of an incapacitated person 18 years old or older 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 jursdiction of the state Medical Examiner's Office.
|
Amended
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HB 313
|
R. Steven Landes
|
Referred to House General Laws Committee
|
The bill removes the current FOIA exemption for working papers and correspondence for the president or other chief executive officer of any public institution of higher education in Virginia.
|
Monitor
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HB 370
|
Charles W. Carrico Sr.
|
Incorporated into HB 982
|
The bill 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. |
Oppose
|
|
HB 407 / SB 130
|
House: G. Glenn Oder; Senate: R. Edward Houck
|
House: Referred to House General Laws Committee's FOIA Subcommittee;
Senate: Referred to Senate General Laws & Technology Committee's FOIA Subcommittee
|
The bill 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.
Nothing in this subdivision, however, shall be construed to authorize the withholding of records relating to the amount, date, purpose, and terms of the pledge
or donation, or the identity of the donor unless the donor has requested anonymity in connection with or as a condition of making a pledge or donation. |
Amend
|
|
HB 520
|
Terrie L. Suit
|
Passed House; referred to Senate General Laws & Technology Committee
|
The bill 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. |
Monitor
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|
HB 537
|
Robert D. Orrock
|
Passed House; referred to Senate Agriculture, Conservation & Natural resources Committee |
As amended, the bill states that local treasurers shall retain only the information that is required to be collected and open to public inspection
and shall forthwith destroy any rabies vaccination certificate of other similar record transmitted
by a veterinarian to a treasurer pursuant to this section. |
Amended
|
|
HB 603
|
John M. O'Bannon III
|
Referred to House Health, Welfare & Institutions Committee
|
The bill creates a FOIA records exemption for documents and other information of a proprietary or confidential
nature disclosed by a health insurance carrier to the State Health Commissioner pertaining to contracts to providers. |
Monitor
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HB 633 / SB 133
|
House: Joe T. May / Senate: R. Edward Houck
|
House: Referred to House General Laws Committee's FOIA Subcommittee;
Senate: Referred to Senate General Laws & Technology Committee's FOIA Subcommittee |
The bill 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. |
Oppose
|
|
HB 634 / SB 132
|
House: Joe T. May / Senate: R. Edward Houck
|
House: Referred to House General Laws Committee;
Senate: Referred to Senate General Laws & Technology Committee's FOIA Subcommittee
|
The bill 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. |
Support
|
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HB 653
|
Thomas C. Wright Jr.
|
Incorporated into HB 982
|
The bill 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. |
Oppose
|
|
HB 662
|
Lynnwood W. Lewis Jr.
|
Referred to House Finance Committee's Subcommittee 2
|
The bill 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. |
Oppose
|
|
HB 677
|
Kenneth R. Plum
|
Sent to House floor by House General Laws Commitee
|
The bill 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. |
Monitor
|
|
HB 768
|
Robert Tata
|
Referred to House General Laws Committee's FOIA Subcommittee
|
The bill adds a FOIA exemption for investigator notes, and other correspondence and information
with respect to an active investigation conducted by or for the Board of Education related to the denial,
suspension, or revocation of teacher licenses. The bill further provides that these records may be disclosed
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. The bill also allows the Board of Education to discuss these records in a closed meeting. |
Amend
|
|
HB 805 / SB 290
|
House: David L. Englin / Senate: George L. Barker
|
House: Referred to House Health, Welfare & Institutions Committee /
Senate: Passed Senate
|
The bill 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. |
Monitor
|
|
HB 843
|
Beverly J. Sherwood
|
Incorporated into HB 982
|
The bill 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. |
Oppose
|
|
HB 854 / SB 131
|
House: Adam P. Ebbin / Senate: R. Edward Houck
|
House: Referred to House General Laws Committee's FOIA Subcommittee;
Senate: Referred to Senate General Laws & Technology Committee's FOIA Subcommittee |
The bill would allow local public bodies to meet by electronic means without a physical quorum present at one location in the event of an
emergency declared by the governor. The purpose of the meeting would have to be related to the emergency. |
Support
|
|
HB 857
|
Adam P. Ebbin
|
Incorporated into HB 251 by House Health, Welfare & Institutions Committee
|
(Similar to HB 251) The bill exempts from FOIA any information acquired during a review by the state Adult Fatality Review Team
of a suspicious death of an incapacitated person 18 years old or older 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
nder the jursdiction of the state Medical Examiner's Office.
|
Amend
|
|
HB 858/ SB 647
|
House: Adam P. Ebbin; Senate: Patricia S. Ticer
|
House: Referred to House General Laws Committee's FOIA Subcommittee;
Senate: Referred to Senate General Laws & Technology Committee's FOIA Subcommittee |
The bill 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.
|
Oppose
|
|
HB 909
|
Harry R. Purkey
|
Referred to House General Laws Committee's Professional / Occupational / Administrative Process Subcommittee
|
The bill states that working papers and files of the proposed
Virginia Nanotechnology Authority shall not be subject to the provisions of FOIA. |
Amend
|
|
HB 982 / SB 730
|
House: David A. Nutter / Senate: Ralph K. Smith
|
House: Before House Militia, Police & Public Safety Committee /
Senate: Referred to Senate Courts of Justice Committee
|
The bill 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. |
Oppose
|
|
HB 1007
|
Dwight C. Jones
|
Referred to House Militia, Police & Public Safety Committee
|
The bill 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 restricts the release or dissemination
of information without prior authorization from the Virginia Fusion Intelligence Center
|
Amend
|
|
HB 1020
|
Timothy D. Hugo
|
Referred to House General Laws Committee
|
The bill 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. |
Oppose
|
|
HB 1037
|
Daniel W. Marshall III
|
Sent to House floor by House Health, Welfare & Institutions Committee
|
The bill states that before a non-profit hospital can be sold or converted to a for-profit hospital, it must hold a public hearing at least six months prior to the sale or conversion. |
Monitor
|
|
HB 1087
|
Mark D. Sickles
|
Referred to House General Laws Committee's FOIA Subcommittee
|
The bill provides that 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. |
Amend
|
|
HB 1088
|
Mark D. Sickles
|
Re-referred from House Agriculture, Chesapeake & Natural Resources Committee to House General Laws Committee's
FOIA Subcommittee
|
The bill provides that 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. |
Amend
|
|
HB 1096
|
Mark D. Sickles
|
Referred to House General Laws Committee's FOIA Subcommittee
|
The bill 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. |
Amend
|
|
HB 1102
|
Mark D. Sickles
|
Referred to House General Laws Committee's FOIA Subcommittee |
The bill 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. |
Amend
|
|
HB 1103
|
Mark D. Sickles
|
Referred to House Commerce & Labor Committee
|
(Similar to HB 176 and HB 1351) The bill would exempt from FOIA information contained in a proposed payday loan database.
|
Monitor
|
|
HB 1124 / SB 358
|
House: S. Chris Jones / Senate: John C. Watkins
|
House: Referred to House Appropriations Committee's Higher Education Subcommittee;
Senate: Reported from Senate Education & Health Committee and re-referred to Senate Finance Committee
|
The bill provides a management agreement between the Commonwealth of Virginia and Virginia Commonwealth University
pursuant to the Restructured Higher Education Financial and Administrative Operations Act. The bill also includes several refererences
to FOIA exemptions, such as trade screts, prioprietary information and computer software developed by or for a state agency. |
Amend
|
|
HB 1271
|
Adam P. Ebbin
|
Referred to House General Laws Committee's FOIA Subcommittee
|
The bill broadens the current FOIA exemption 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. |
Amend
|
|
HB 1332 / SB 423
|
House: R. Steven Landes / Senate: Phillip P. Puckett
|
House: Referred to House Agriculture, Chesapeake & Natural Resources Committee's Subcommittee 2;
Senate: Referred to Senate Agriculture, Conservation & Natural Resources Committee
|
The bill 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. |
Monitor
|
|
HB 1351
|
R. Lee Ware
|
Referred to House Commerce & Labor Committee
|
(Similar to HB 176) The bill would exempt from FOIA information contained in a proposed payday loan database.
|
Monitor
|
|
HB 1367
|
S. Chris Jones
|
Referred to House General Laws Committee's FOIA Subcommittee
|
The bill 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. |
Monitor
|
|
HB 1390 / SB 442
|
House: Lacey E. Putney;
Senate: R. Edward Houck
|
House: Referred to House Appropriations Committee's Higher Education Subcommittee;
Senate: Referred to Senate Education & Health Committee's Higher Education Subcommittee
|
The bill provides operational authority for public institutions of higher education in the areas of
information technology, procurement, and capital outlay pursuant to the Restructuring Act of 2005.
It also states that procurement records of this authority shall be accessible under FOIA except those records
exempt from disclosure pursuant to § 2.2-3705.1 (7), § 2.2-3705.1 (12), or § 2.2-3705.4 (4). |
Monitor
|
|
HB 1458 / SB 726
|
House: John A. Cosgrove / Senate: J. Chapman Petersen
|
House: Referred to House General Laws Committee's FOIA Subcommittee;
Senate: Referred to Senate General Laws & Technology Committee's FOIA Subcommittee |
The bill exempts from public disclosure certain proprietary records submitted to the Innovative
Technology Authority as part of a grant application. The bill also allows meetings of the Innovative
Technology Authority to be closed when the exempt records are being discussed. |
Monitor
|
|
HB 1505
|
Samuel A. Nixon Jr.
|
Referred to House Commerce & Labor Committee
|
(Similar to HB 176, HB 1103 and HB 1351) The bill would exempt from FOIA information contained in a proposed payday loan database.
|
Monitor
|
|
HB 1522
|
James P. Massie III
|
Referred to House General Laws Committee's Professional, Occupation & Administrative Process Subcommittee
|
The bill abolishes the Department of Business Assistance and transfers its duties to the Virginia Economic Development Partnership.
The FOIA records exemption for the Department of Business Assistance is amended to reflect this change.
|
Monitor
|
|
SB 96 / SB 246
|
SB 96: L. Louise Lucas / SB 246: Janet D. Howell
|
Language of SB 96 has been incorporated into SB 246, an omnibus mental-health bill. SB 246 passed
the Senate Courts of Justice Committee and was re-referred to Senate Finance Committee.
|
(As part of SB 246)The bill 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. |
Oppose
|
|
SB 199
|
Linda T. Puller
|
Passed Senate, sent to House
|
The bill places the regulation of charitable gaming under the Board and Department of Agriculture and Consumer Services. The bill also
rewords § 2.2-3705.3(1) to reflect the change. |
Monitor
|
|
SB 210
|
Walter A. Stosch
|
Referred to Senate General Laws & Technology Committee's FOIA Subcommittee |
The bill 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. |
Amend
|
|
SB 332
|
Ken T. Cuccinelli
|
Referred to Senate Courts of Justice Committee
|
The bill 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. |
Oppose
|
|
SB 342
|
Ken T. Cuccinelli
|
Referred to Senate General Laws & Technology Committee
|
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. |
Monitor
|
|
SB 346
|
Harry B. Blevins
|
Passed-by Indefinitely by Senate General Laws & Technology Committee
|
The bill 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. |
Monitor
|
|
SB 503
|
Ralph S. Northam
|
Stricken from docket at patron's request
|
The bill 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. |
Monitor
|
|
SB 529 / SB 759
|
SB 529: R. Edward Houck / SB 759: Frank M. Ruff
|
Both bills were referred to Senate Courts of Justice Committee
|
The bill 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. This bill is a recommendation of the Freedom of Information Advisory Council. |
Support
|
|
SB 545
|
Robert Hurt
|
Referred to Senate Courts of Justice Committee
|
The bill exempts from FOIA records of the Office of the Attorney General acting pursuant to its enforcement authority under the Master Settlement Agreement,
for cigarette manufacturers 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. |
Monitor
|
|
SB 555
|
Robert Hurt
|
Carried over to 2009
|
The bill states that the FOIA provisions shall apply to any audit performed by an independent certified public accountant for city or county officials, or for an executive branch agency. |
Monitor
|
|
SB 578
|
Richard L. Saslaw / John C. Watkins
|
Passed Senate Commerce & Labor Committee; re-referred to Senate Finance Committee
|
The bill states that the proposed VirginiaShare Health Insurance Program Board shall conduct meetings in accordance with FOIA provisions |
Monitor
|
|
SB 588
|
Phillip P. Puckett
|
Referred to Senate Commerce & Labor Committee
|
The bill would exempt from FOIA information contained in a proposed payday loan database.
|
Monitor
|
|
SB 593
|
Thomas K. Norment Jr.
|
Referred to Senate General Laws & Technology Committee's FOIA Subcommittee |
The bill 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. |
Amend
|
|
SB 620
|
Patricia S. Ticer
|
Committee substitute approved by Senate Education & Health Committee and referred to Senate Courts of Justice Committee's
Criminal Subcommittee
|
The bill replaces the term "mentally retarded" with the term "intellectually disabled" and replaces the term "mental retardation" with the term "intellectual disability"
throughout the Code of Virginia, including the references to the term in 2.2-3705.3 and 2.2-3705.5 of FOIA. |
Monitor
|
|
SB 622
|
Kenneth W. Stolle
|
Referred to Senate Courts of Justice Committee's Civil Subcommittee
|
The bill 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. |
Monitor
|
|
SB 687
|
Janet Howell
|
Incorporated into SB 620 (Ticer) |
The bill replaces the term "mentally retarded" with the term "intellectually disabled" and replaces the term "mental retardation" with the term "intellectual disability"
throughout the Code of Virginia, including the references to the term in 2.2-3705.3 and 2.2-3705.5 of FOIA. |
Monitor
|
|
SJ 62
|
George Barker
|
Referred to Senate Rules Committee
|
The resolution 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. |
Monitor
|
