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2008 SESSION

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Senate Committee on General Laws and Technology

Chairman: Mamie Locke

Clerk: Cheryl Law
Staff: Amigo Wade
Date of Meeting: February 6, 2008
Time and Place: 2:00pm/Senate room B

S.B. 130

Patron: Houck

Freedom of Information Act (FOIA); exemptions for certain fundraising strategies and donor records of public institutions of higher education.  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.

A BILL to amend and reenact § 2.2-3705.4 of the Code of Virginia, relating to the Freedom of Information Act; certain fundraising strategies and donor records of public institutions of higher education.

088093244

S.B. 131

Patron: Houck

Freedom of Information Act; electronic meetings; authority of local public bodies.  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.

A BILL to amend and reenact §§ 2.2-3701, 2.2-3708 and 2.2-3714 of the Code of Virginia, relating to the Freedom of Information Act; electronic meetings; authority of local public bodies.

081755244

S.B. 132

Patron: Houck

Government Data Collection and Dissemination Practices Act (GDCDPA); personal information; definition; collection of same; penalty for violation; jurisdiction of district courts.  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.

A BILL to amend and reenact §§ 2.2-3801, 2.2-3808, 2.2-3809, and 16.1-77 of the Code of Virginia, relating to the Government Data Collection and Dissemination Practices Act; personal information; definition; collection of same; penalty for violation; jurisdiction of district courts.

081756244

S.B. 133

Patron: Houck

Personal Information Privacy Act; social security numbers.  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.

A BILL to amend and reenact § 59.1-443.2 of the Code of Virginia, relating to the Personal Information Privacy Act; access to social security numbers.

085908244

S.B. 210

Patron: Stosch

Freedom of Information Act (FOIA); certain audit records of the Virginia Department of Transportation. 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%92s Office.

A BILL to amend and reenact § 2.2-3705.6 of the Code of Virginia, relating to the Freedom of Information Act; certain audit records of the Virginia Department of Transportation. 

081172828

S.B. 342

Patron: Cuccinelli

Transfer of state toll facilities.  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.

A BILL to require  agreements or contracts transferring responsibility for toll facilities controlled by an agency or institution of the Commonwealth to a non-Commonwealth public or private entity that such entity agree to conduct open meetings relative to the operation of the toll facility.

082245216

S.B. 390

Patron: Martin

Fire and emergency medical departments and companies; director of fire and emergency medical services.  Clarifies that a Director of Fire and Emergency Medical Services may serve the same function as a chief of a fire department.

A BILL to amend and reenact §§ 27-6.1, 27-13, 27-14, 27-15.1, 27-20, 27-34 and 27-85.4 of the Code of Virginia, relating to the fire and emergency medical departments and companies; director of fire and emergency medical services.

086182268

S.B. 474

Patron: Hanger

Department of Minority Business Enterprises; powers; certification of sheltered workshops. Requires the Director of the Department of Minority Business Enterprise to establish a certification program for sheltered workshops. The bill further requires sheltered workshops to be included in the procurement goals and programs of state agencies. The bill defines a %93sheltered workshop%94 as a nonprofit business entity or organization that offers transitional or supported employment services serving the disabled

A BILL to amend and reenact §§ 2.2-1401, 2.2-1403 and 2.2-4310 of the Code of Virginia, relating to the Department of Minority Business Enterprises; powers; certification of sheltered workshops.

082322232

S.B. 535

Patron: Herring

State and Local Government Conflict of Interests Act; prohibited conduct for certain officers and employees of local government.  Prohibits a local officer and certain local employees from accepting employment with any person or business that was party to any transaction before the local officer's or employee’s agency in which the local officer participated in discussion and the final vote taken by the agency on the transaction or the local employee participated in an official capacity during the agency’s consideration of the transaction.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-3104.01, relating to the State and Local Government Conflict of Interests Act; prohibited conduct for certain officers and employees of local government.

082379240

S.B. 593

Patron: Norment

Freedom of Information Act (FOIA); meeting exemption; tourism and economic development. 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.

A BILL to amend and reenact § 2.2-3711 of the Code of Virginia, relating to the Freedom of Information Act; meeting exemption; tourism and economic development.

081143284

S.B. 597

Patron: Norment

Virginia Racing Commission; simulcast horse racing; allocations.  Authorizes wagering on historical horse racing and allocates the proceeds.

A BILL to amend and reenact §§ 59.1-365, 59.1-369 and 59.1-392 of the Code of Virginia, relating to the Virginia Racing Commission; simulcast horse racing; allocations.

086539284

S.B. 647

Patron: Ticer

Freedom of Information Act (FOIA); exemption for certain publicly owned museum records.  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.

A BILL to amend and reenact § 2.2-3705.7 of the Code of Virginia, relating to the Freedom of Information Act; exemption for certain publicly owned museum records.

088203336

S.B. 716

Patron: Vogel

Department of Professional and Occupational Regulation; Virginia Board for Asbestos, Lead, and Home Inspectors.  Provides that the written evaluation required in a certified home inspection include evaluation of the efficiency of the home’s heating and cooling systems and duct work.

A BILL to amend and reenact § 54.1-500 of the Code of Virginia, relating to the Department of Professional and Occupational Regulation; Virginia Board for Asbestos, Lead, and Home Inspectors.

084777338

S.B. 726

Patron: Petersen

Freedom of Information Act; records and meetings of Innovative Technology Authority.  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.

A BILL to amend and reenact §§ 2.2-3705.6 and 2.2-3711 of the Code of Virginia, relating to Freedom of Information Act; records and meetings of Innovative Technology Authority.

085958826

S.B. 793

Patron: Colgan

Administration of oath of office. Allows a person elected or appointed to an office in the Commonwealth that requires an oath of office to make such oath before a notary of any state or country, if such person is a member of the United States Armed Forces and is on active duty, or if such person is a civilian deployed by the United States Department of Defense.

A BILL to amend and reenact § 49-3 of the Code of Virginia, relating to the administration of oath of office.

087677212