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Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-3705.7 and 44-146.18 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-3705.7. Exclusions to application of chapter; records of specific public bodies and certain other limited exemptions.
The following records are excluded from the provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law:
1. State income, business, and estate tax returns, personal property tax returns, scholastic and confidential records held pursuant to § 58.1-3.
2. Working papers and correspondence of the Office of the Governor; Lieutenant Governor; the Attorney General; the members of the General Assembly or the Division of Legislative Services; the mayor or chief executive officer of any political subdivision of the Commonwealth; or the president or other chief executive officer of any public institution of higher education in Virginia. However, no record, which is otherwise open to inspection under this chapter, shall be deemed exempt by virtue of the fact that it has been attached to or incorporated within any working paper or correspondence.
As used in this subdivision:
"Office of the Governor" means the Governor; his chief of staff, counsel, director of policy, Cabinet Secretaries, and the Director of the Virginia Liaison Office; and those individuals to whom the Governor has delegated his authority pursuant to § 2.2-104.
"Working papers" means those records prepared by or for an above-named public official for his personal or deliberative use.
3. Library records that can be used to identify both (i) any library patron who has borrowed material from a library and (ii) the material such patron borrowed.
4. Contract cost estimates prepared for the confidential use of the Department of Transportation in awarding contracts for construction or the purchase of goods or services, and records and automated systems prepared for the Department's Bid Analysis and Monitoring Program.
5. Lists of registered owners of bonds issued by a political subdivision of the Commonwealth, whether the lists are maintained by the political subdivision itself or by a single fiduciary designated by the political subdivision.
6. Records and writings furnished by a member of the General Assembly to a meeting of a standing committee, special committee or subcommittee of his house established solely for the purpose of reviewing members' annual disclosure statements and supporting materials filed under § 30-110 or of formulating advisory opinions to members on standards of conduct, or both.
7. Customer account information of a public utility affiliated with a political subdivision of the Commonwealth, including the customer's name and service address, but excluding the amount of utility service provided and the amount of money paid for such utility service.
8. Personal information, as defined in § 2.2-3801, (i) filed
with the Virginia Housing Development Authority concerning individuals who have
applied for or received loans or other housing assistance or who have applied
for occupancy of or have occupied housing financed, owned or otherwise assisted
by the Virginia Housing Development Authority; (ii) concerning persons
participating in or persons on the waiting list for federally funded
rent-assistance programs; (iii) filed with any local redevelopment and housing
authority created pursuant to § 36-4 concerning persons participating in or
persons on the waiting list for housing assistance programs funded by local
governments or by any such authority; or (iv) filed with any local
redevelopment and housing authority created pursuant to § 36-4 or any other
local government agency concerning persons who have applied for occupancy or
who have occupied affordable dwelling units established pursuant to § 15.2-2304
or § 15.2-2305. However, access to one's own information shall not be
denied.
9. Records regarding the siting of hazardous waste facilities, except as provided in § 10.1-1441, if disclosure of them would have a detrimental effect upon the negotiating position of a governing body or on the establishment of the terms, conditions and provisions of the siting agreement.
10. Records containing information on the site specific location of rare, threatened, endangered or otherwise imperiled plant and animal species, natural communities, caves, and significant historic and archaeological sites if, in the opinion of the public body that has the responsibility for such information, disclosure of the information would jeopardize the continued existence or the integrity of the resource. This exemption shall not apply to requests from the owner of the land upon which the resource is located.
11. Records, memoranda, working papers, graphics, video or audio tapes, production models, data and information of a proprietary nature produced by or for or collected by or for the State Lottery Department relating to matters of a specific lottery game design, development, production, operation, ticket price, prize structure, manner of selecting the winning ticket, manner of payment of prizes to holders of winning tickets, frequency of drawings or selections of winning tickets, odds of winning, advertising, or marketing, where such official records have not been publicly released, published, copyrighted or patented. Whether released, published or copyrighted, all game-related information shall be subject to public disclosure under this chapter upon the first day of sales for the specific lottery game to which it pertains.
12. Records of the Virginia Retirement System, acting pursuant to § 51.1-124.30, or of a local retirement system, acting pursuant to § 51.1-803, or of the Rector and Visitors of the University of Virginia, acting pursuant to § 23-76.1, relating to the acquisition, holding or disposition of a security or other ownership interest in an entity, where such security or ownership interest is not traded on a governmentally regulated securities exchange, to the extent that: (i) such records contain confidential analyses prepared for the Rector and Visitors of the University of Virginia, prepared by the retirement system or provided to the retirement system under a promise of confidentiality, of the future value of such ownership interest or the future financial performance of the entity, and (ii) disclosure of such confidential analyses would have an adverse effect on the value of the investment to be acquired, held or disposed of by the retirement system or the Rector and Visitors of the University of Virginia. Nothing in this subdivision shall be construed to prevent the disclosure of records relating to the identity of any investment held, the amount invested, or the present value of such investment.
13. Names and addresses of subscribers to Virginia Wildlife magazine, published by the Department of Game and Inland Fisheries, provided the individual subscriber has requested in writing that the Department not release such information.
14. Financial, medical, rehabilitative and other personal information concerning applicants for or recipients of loan funds submitted to or maintained by the Assistive Technology Loan Fund Authority under Chapter 11 (§ 51.5-53 et seq.) of Title 51.5.
15. Records of the Virginia Commonwealth University Health System Authority pertaining to any of the following: an individual's qualifications for or continued membership on its medical or teaching staffs; proprietary information gathered by or in the possession of the Authority from third parties pursuant to a promise of confidentiality; contract cost estimates prepared for confidential use in awarding contracts for construction or the purchase of goods or services; data, records or information of a proprietary nature produced or collected by or for the Authority or members of its medical or teaching staffs; financial statements not publicly available that may be filed with the Authority from third parties; the identity, accounts or account status of any customer of the Authority; consulting or other reports paid for by the Authority to assist the Authority in connection with its strategic planning and goals; the determination of marketing and operational strategies where disclosure of such strategies would be harmful to the competitive position of the Authority; and data, records or information of a proprietary nature produced or collected by or for employees of the Authority, other than the Authority's financial or administrative records, in the conduct of or as a result of study or research on medical, scientific, technical or scholarly issues, whether sponsored by the Authority alone or in conjunction with a governmental body or a private concern, when such data, records or information have not been publicly released, published, copyrighted or patented.
16. Records of the Department of Environmental Quality, the State Water Control Board, State Air Pollution Control Board or the Virginia Waste Management Board relating to (i) active federal environmental enforcement actions that are considered confidential under federal law and (ii) enforcement strategies, including proposed sanctions for enforcement actions. Upon request, such records shall be disclosed after a proposed sanction resulting from the investigation has been proposed to the director of the agency. This subdivision shall not be construed to prohibit the disclosure of records related to inspection reports, notices of violation, and documents detailing the nature of any environmental contamination that may have occurred or similar documents.
17. As it pertains to any person, records related to the operation of toll facilities that identify an individual, vehicle, or travel itinerary including, but not limited to, vehicle identification data, vehicle enforcement system information; video or photographic images; Social Security or other identification numbers appearing on driver's licenses; credit card or bank account data; home addresses; phone numbers; or records of the date or time of toll facility use.
18. Records of the State Lottery Department pertaining to (i) the social security number, tax identification number, state sales tax number, home address and telephone number, personal and lottery banking account and transit numbers of a retailer, and financial information regarding the nonlottery operations of specific retail locations, and (ii) individual lottery winners, except that a winner's name, hometown, and amount won shall be disclosed.
19. Records of the Board for Branch Pilots relating to the chemical or drug testing of a person regulated by the Board, where such person has tested negative or has not been the subject of a disciplinary action by the Board for a positive test result.
20. Records, investigative notes, correspondence, and information pertaining to the planning, scheduling and performance of examinations of holder records pursuant to the Uniform Disposition of Unclaimed Property Act (§ 55-210.1 et seq.) prepared by or for the State Treasurer, his agents, employees or persons employed to perform an audit or examination of holder records.
21. Records of the Virginia Department of Emergency Management or a local governing body relating to citizen emergency response teams established pursuant to an ordinance of a local governing body, to the extent that such records reveal the name, address, including e-mail address, telephone or pager numbers, or operating schedule of an individual participant in the program.
22. Records of state or local park and recreation departments to the extent such records contain information identifying a person under the age of 18 years, where the parent or legal guardian of such person has requested in writing that such information not be disclosed. However, nothing in this subdivision shall operate to prohibit the disclosure of information defined as directory information under regulations implementing the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, unless the public body has undertaken the parental notification and opt-out requirements provided by such regulations. Access shall not be denied to the parent, including a noncustodial parent, or guardian of such person, unless the parent's parental rights have been terminated or a court of competent jurisdiction has restricted or denied such access. For records of such persons who are emancipated, the right of access may be asserted by the subject thereof.
23. Records submitted for inclusion in the Statewide Alert
Network administered by the Department of Emergency Management, to the
extent that they reveal names, physical addresses, email addresses, computer or
internet protocol information, telephone numbers, pager numbers, other wireless
or portable communications device information, or operating schedules of
individuals or agencies participating in the Statewide Alert Network,
where the release of such information would compromise the security of the
Statewide Alert Network or individuals participating in the Statewide Alert
Network.
§ 44-146.18. Department of Emergency Services continued as Department of Emergency Management; administration and operational control; coordinator and other personnel; powers and duties.
(a) A. The State Office of Emergency Services is
continued and shall hereafter be known as the Department of Emergency
Management. Wherever the words "State Department of Emergency
Services" are used in any law of the Commonwealth, they shall mean the
Department of Emergency Management. During a declared emergency this Department
shall revert to the operational control of the Governor. The Department shall
have a coordinator who shall be appointed by and serve at the pleasure of the
Governor and also serve as State Emergency Planning Director. The Department shall
employ the professional, technical, secretarial, and clerical employees
necessary for the performance of its functions.
(b) B. The State Department of Emergency
Management shall in the administration of emergency services and disaster
preparedness programs:
(1) 1. In coordination with political
subdivisions and state agencies, ensure that the Commonwealth has up-to-date
assessments and preparedness plans to prevent, respond to and recover from all
disasters including acts of terrorism;
(2) 2. Conduct a statewide emergency management
assessment in cooperation with political subdivisions, private industry and
other public and private entities deemed vital to preparedness, public safety
and security. The assessment shall include a review of emergency response
plans, which include the variety of hazards, natural and man-made. The
assessment shall be updated annually;
(3) 3. Submit to the Governor and to the General
Assembly, no later than the first day of each regular session of the General
Assembly, an annual executive summary and report on the status of emergency
management response plans throughout the Commonwealth and other measures taken
or recommended to prevent, respond to and recover from disasters, including
acts of terrorism. This report shall be made available to the Division of
Legislative Automated Systems for the processing of legislative documents and
reports. Information submitted in accordance with the procedures set forth in
subdivision 4 of § 2.2-3705.2 shall not be disclosed unless:
(i) a. It is requested by law-enforcement
authorities in furtherance of an official investigation or the prosecution of a
criminal act;
(ii) b. The agency holding the record is served
with a proper judicial order; or
(iii) c. The agency holding the record has
obtained written consent to release the information from the State Department
of Emergency Management;
(4) 4. Promulgate plans and programs that are
conducive to adequate disaster mitigation preparedness, response and recovery
programs;
(5) 5. Prepare and maintain a State Emergency
Operations Plan for disaster response and recovery operations that assigns
primary and support responsibilities for basic emergency services functions to
state agencies, organizations and personnel as appropriate;
(6) 6. Coordinate and administer disaster
mitigation, preparedness, response and recovery plans and programs with the
proponent federal, state and local government agencies and related groups;
(7) 7. Provide guidance and assistance to state
agencies and units of local government in developing and maintaining emergency
management programs, plans and systems;
(8) 8. Make necessary recommendations to
agencies of the federal, state, or local governments on preventive and
preparedness measures designed to eliminate or reduce disasters and their
impact;
(9) 9. Determine requirements of the
Commonwealth and its political subdivisions for those necessities needed in the
event of a declared emergency which are not otherwise readily available;
(10) 10. Assist state agencies and political
subdivisions in establishing and operating training programs and programs of
public information and education regarding emergency services and disaster
preparedness activities;
(11) 11. Consult with the Board of Education
regarding the development and revision of a model school crisis and emergency
management plan for the purpose of assisting public schools in establishing,
operating, and maintaining emergency services and disaster preparedness
activities;
(12) 12. Consult with the State Council of
Higher Education in the development and revision of a model institutional
crisis and emergency management plan for the purpose of assisting public and
private two-year and four-year institutions of higher education in
establishing, operating, and maintaining emergency services and disaster
preparedness activities;
(13) 13. Develop standards, provide guidance and
encourage the maintenance of local and state agency emergency operations plans;
(14) 14. Prepare, maintain, coordinate or
implement emergency resource management plans and programs with federal, state
and local government agencies and related groups, and make such surveys of
industries, resources, and facilities within the Commonwealth, both public and
private, as are necessary to carry out the purposes of this chapter;
(15) 15. Coordinate with the federal government
and any public or private agency or entity in achieving any purpose of this
chapter and in implementing programs for disaster prevention, mitigation,
preparation, response, and recovery; and
(16) 16. Establish guidelines pursuant to §
44-146.28, and administer payments to eligible applicants as authorized by the
Governor;
17. Coordinate and be responsible for the receipt, evaluation, and dissemination of emergency services intelligence pertaining to all probable hazards affecting the Commonwealth; and
18. Coordinate intelligence activities relating to terrorism with the Department of State Police.
(c) C. The State Department of Emergency
Management shall during a period of impending emergency or declared emergency
be responsible for:
(1) 1. The receipt, evaluation, and
dissemination of intelligence pertaining to an impending or actual disaster;
(2) 2. Providing facilities from which state
agencies and supporting organizations may conduct emergency operations;
(3) 3. Providing an adequate communications and
warning system capable of notifying all political subdivisions in the
Commonwealth of an impending disaster within a reasonable time;
(4) 4. Establishing and maintaining liaison with
affected political subdivisions;
(5) 5. Determining requirements for disaster
relief and recovery assistance;
(6) 6. Coordinating disaster response actions of
federal, state and volunteer relief agencies;
(7) 7. Coordinating and providing guidance and
assistance to affected political subdivisions to ensure orderly and timely
response to and recovery from disaster effects.
(d) D. The State Department of Emergency
Management shall be provided the necessary facilities and equipment needed to
perform its normal day-to-day activities and coordinate disaster-related
activities of the various federal, state, and other agencies during a state of
emergency declaration by the Governor or following a major disaster declaration
by the President.
(e) E. The State Department of Emergency
Management is authorized to enter into all contracts and agreements necessary
or incidental to performance of any of its duties stated in this section or
otherwise assigned to it by law, including contracts with the United States, other states, agencies and government subdivisions of the Commonwealth, and
other appropriate public and private entities.
(f) F. The State Department of Emergency
Management shall encourage private industries whose goods and services are deemed
vital to the public good to provide annually updated preparedness assessments
to the local coordinator of emergency management on or before April 1 of each
year, to facilitate overall Commonwealth preparedness. For the purposes of this
section, "private industry" means companies, private hospitals, and
other businesses or organizations deemed by the State Coordinator of Emergency
Management to be essential to the public safety and well-being of the citizens
of the Commonwealth.