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2014 SESSION

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HB 937 Virginia Freedom of Information Act; application to the State Corporation Commission, exemptions.

Introduced by: Scott A. Surovell | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Freedom of Information Act; application to the State Corporation Commission; exemptions; proceedings for enforcement. Provides that the State Corporation Commission (Commission) is a public body for the purposes of the Freedom of Information Act (FOIA), but exempts records of the Commission to the extent such records relate to (i) the Commission's exercise of the powers and duties prescribed to it by the Constitution of Virginia or by any law relating to the regulation or control of persons engaged in any activity or conduct that is subject to the jurisdiction of the Commission under any provision of Title 6.2, 13.1, 38.2, or 56; (ii) any person subject to licensure or regulation by the Commission; (iii) the Commission's exercise of the powers and duties prescribed to it by Chapter 26 (§ 58.1-2600 et seq.) of Title 58.1 that are not matters required by law to be entered on any public assessment roll or book or are not generally available to the public through regulatory disclosure or otherwise; (iv) portions of drawings, plans, or maps that reveal critical structural components, interconnectivity, security equipment and systems, network monitoring, network operation center, and other equipment and systems related to public utility infrastructure; (v) confidential proprietary records, including balance sheets and financial statements, voluntarily provided by a private business pursuant to a promise of confidentiality from the Commission; (vi) trade secrets, as defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.) of a private business that are not generally available to the public through regulatory disclosure or otherwise; (vii) other information submitted by a private business where, if these records were made public, the financial interest of the Commission or private business would be adversely affected; or (viii) any records otherwise exempted from public disclosure. The bill also grants the Commission certain exemptions from the open meeting provisions of FOIA. Finally, the bill designates venue for FOIA petitions against the Commission. The bill reverses a case holding that FOIA is not applicable to the Commission (Christian v. State Corporation Commission, November 2011).


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