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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 27, 2008
Time and Place: 2:00PM/Senate Room B

H.B. 407

Patron: Oder

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.

084508668

H.B. 516

Patron: Suit

Common Interest Communities. Establishes a Common Interest Communities Board, creates a Common Interest Management Information Fund and allows for a certification process for Common Interest Association managers. The bill adds several new definitions to the Property Owners' Association, Condominium, Real Estate Cooperative, and Time-Share Acts, including "common interest community manager." The bill also sets limits for the fees to be charged for preparation of the required disclosure packets and prohibits any other fees not expressly authorized in the POAA. The bill (i) provides that all declarations shall comply with the terms of the POAA, and the associations created in accordance with the POAA shall have only those powers that are expressly granted in the POAA; (ii) increases the cap on the liability of the association or its manager from $500 to $5,000 for actual damages sustained by the seller in the event of the association's failure to comply with the POAA; and (iii) provides that if settlement does not occur within 90 days of the delivery of the disclosure packet, the fee shall be assessed against the lot owner for which the disclosure packet was prepared and shall become as an assessment against the member's lot. The bill contains technical amendments, which reorganize the POAA into three articles: general provisions, disclosure requirements, and operation and management of associations. HB 1076 incorporated into this bill.

A BILL to amend and reenact §§ 54.1-2105.1, 54.1-2130, 55-79.41, 55-79.58, 55-79.58:1, 55-79.74, 55-79.79, 55-79.81, 55-79.84:1, 55-79.86, 55-79.89, 55-79.93:1, 55-79.95, 55-79.97, 55-362, 55-362.1, 55-374.1, 55-374.2, 55-375, 55-392.1, 55-484, 55-487, 55-496, 55-504.1, 55-508, 55-509, 55-509.2, 55-510, 55-513, 55-513.1, 55-514, 55-514.2, 55-516.1, 55-528, 55-529, and 55-530 of the Code of Virginia; to amend the Code of Virginia by adding in Title 54.1 a chapter numbered 23.3, consisting of sections numbered 54.1-2345 through 54.1-2354, by adding sections numbered 55-79.97:1 through 55-79.97:3, by adding sections numbered 55-509.3 through 55-509.10, and by adding in Chapter 29 of Title 55 a section numbered 55-530.1; and to repeal §§ 55-511 and 55-512 of the Code of Virginia, relating to common interest communities.

081870744

H.B. 520

Patron: Suit

Freedom of Information Act (FOIA); exemptions for the Virginia Military Advisory Council, the Virginia National Defense Industrial Authority, and local military organizations.  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.

A BILL to amend and reenact §§ 2.2-3705.2 and 2.2-3711 of the Code of Virginia, relating to the Freedom of Information Act; exemptions for the Virginia Military Advisory Council and the Virginia National Defense Industrial Authority.

088326744

H.B. 633

Patron: May

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.

085939868

H.B. 634

Patron: May

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)  authorized or required 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.

085938868

H.B. 677

Patron: Plum

Public-Private Educational Facilities and Infrastructure Act of 2002; public hearing prior to interim or comprehensive agreement.  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.

A BILL to amend and reenact § 56-575.17 of the Code of Virginia, relating to the Public-Private Educational Facilities and Infrastructure Act of 2002; public hearing prior to interim or comprehensive agreement.

087784684

H.B. 768

Patron: Tata

Freedom of Information Act (FOIA); active investigations; teacher licensing.  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.

A BILL to amend and reenact §§ 2.2-3705.3 and 2.2-3711 of the Code of Virginia, relating to the Freedom of Information Act; active investigations; teacher licensing.

081834748

H.B. 854

Patron: Ebbin

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.

081764492

H.B. 858

Patron: Ebbin

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.

088264492

H.B. 955

Patron: Nixon

Public Private Education Facilities and Infrastructure Act of 2002; technology projects; gain sharing.  Adds to the categories of “qualifying project” under the Public Private Education Facilities and Infrastructure Act of 2002 (PPEA) any services designed to increase productivity or efficiency through the direct or indirect use of technology.  The bill also adds technology applications to the types of technology infrastructure projects that may be carried out under the PPEA.  This bill is identical to Senate Bill 352.

A BILL to amend and reenact § 56-575.1 of the Code of Virginia, relating to the Public-Private Education Facilities and Infrastructure Act of 2002; definition of qualifying projects.

082405656

H.B. 1271

Patron: Ebbin

Freedom of Information Act (FOIA); exemption for local franchises.  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.  The bill provides that no bidder, applicant, or franchisee may invoke the exclusion provided by this subdivision if the bidder, applicant, or franchisee is owned or controlled by a public body or if any representative of the applicable franchising authority serves on the management board or as an officer of the bidder, applicant, or franchisee.

A BILL to amend and reenact § 2.2-3705.6 of the Code of Virginia, relating to the Freedom of Information Act; exemption for local franchises.

081846492

H.B. 1367

Patron: Jones, S.C.

Freedom of Information Act (FOIA); exemption for local government investment pool.  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.

A BILL to amend and reenact § 2.2-3705.7 of the Code of Virginia, relating to the Freedom of Information Act; exemption for local government investment pools.

080768818

H.B. 1397

Patron: Miller, J.H.

Duties of real estate brokers and salespersons; required disclosures.  Eliminates the requirement that required disclosures concerning the physical condition of the property made by real estate licensees be conspicuous and printed either in bold lettering or all capitals, and underlined or in a separate box.

A BILL to amend and reenact §§ 54.1-2131 and 54.1-2133 of the Code of Virginia, relating to the duties of real estate brokers and salespersons; required disclosures.

088486640

H.B. 1458

Patron: Cosgrove

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.

085959826