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2017 SESSION

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Senate Committee on General Laws and Technology
Subcommittee #1

Locke (Chairman), Barker, Black, DeSteph, Surovell, McPike, Vogel

Clerk: Maryann Horch, Eric Barton
Staff: Amigo Wade
Date of Meeting: January 18, 2017
Time and Place: Wednesday, 9:00 a.m., 3rd floor East Conference Room

S.B. 931 Va Freedom of Information Act; working papers and correspondence exempt.for presidents of higher ed.

Patron: Petersen

Virginia Freedom of Information Act; working papers and correspondence exemption for presidents of public institutions of higher education. Eliminates the working papers and correspondence record exemption for the president or other chief executive officer of any public institution of higher education in Virginia. The bill contains a technical amendment.

A BILL to amend and reenact § 2.2-3705.7 of the Code of Virginia, relating to the Virginia Freedom of Information Act; working papers of presidents of public institutions of higher education.

17102927D

S.B. 1040 Virginia Freedom of Information Act (FOIA); record exclusion for personal contact information.

Patron: Hanger

Virginia Freedom of Information Act (FOIA); record exclusion for personal contact information; limitation. Provides that personal contact information provided to a public body is excluded from the mandatory disclosure provisions of FOIA, provided that the person providing such information has requested that the public body not disclose such information. The bill defines "personal contact information" as the home or business (i) address, (ii) email address, or (iii) telephone number or comparable number assigned to any other electronic communication device.

A BILL to amend and reenact § 2.2-3705.1 of the Code of Virginia, relating to the Virginia Freedom of Information Act; record exclusion for personal contact information; limitation.

17101868D

S.B. 1102 FOIA; completed unattended death investigations, mandatory disclosure.

Patron: Surovell

Virginia Freedom of Information Act; completed unattended death investigations; mandatory disclosure. Requires that records of completed unattended death investigations be released to immediate family members of the victim, provided that (i) such information is in a form that does not reveal the identity of persons supplying information or other individuals involved in the investigation and (ii) the immediate family members of the victim have been ruled out as suspects. The bill defines "immediate family" as the spouse, children, parents, grandparents, brothers, or sisters of the victim.

A BILL to amend and reenact § 2.2-3706 of the Code of Virginia, relating to the Virginia Freedom of Information Act; completed unattended death investigations; mandatory disclosure.

17100845D

S.B. 1103 FOIA; closed meeting violations, civil penalty.

Patron: Surovell

Virginia Freedom of Information Act (FOIA); closed meeting violations; civil penalty. Provides that in addition to any penalties imposed under FOIA, if the court finds that a member of a public body voted to certify a closed meeting and at the time of such certification such certification constituted a departure from the requirements of FOIA, the court shall impose on all members voting to certify in their individual capacity, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of $500 each, which amount shall be paid into the State Literary Fund.

A BILL to amend and reenact § 2.2-3714 of the Code of Virginia, relating to the Virginia Freedom of Information Act; closed meeting violations; civil penalty.

17100867D

S.B. 1128 Virginia Freedom of Information Act; failure to respond to request for records.

Patron: DeSteph

Virginia Freedom of Information Act; failure to respond to request for records; rebuttable presumption. Provides that there shall be a rebuttable presumption that a failure to respond to a request for records was willful and knowing.

A BILL to amend and reenact § 2.2-3704 of the Code of Virginia, relating to the Virginia Freedom of Information Act; failure to respond to request for records; rebuttable presumption.

17102874D

S.B. 1226 Virginia Freedom of Information Act; Public Procurement Act; proprietary records and trade secrets.

Patron: Edwards

Virginia Freedom of Information Act; Public Procurement Act; proprietary records and trade secrets; solar energy agreements. Excludes from the mandatory disclosure provisions of FOIA proprietary information, voluntarily provided by a private business under a promise of confidentiality from a public body, used by the public body for a solar photovoltaic services agreement, a solar power purchase agreement, or a solar self-generation agreement. The bill requires the private business to specify the records for which protection is sought before submitting them to the public body and to state the reasons why protection is necessary. The bill also (i) allows a solar services agreement contractor or provider to designate specific provisions in a solar services agreement as proprietary information not subject to disclosure, and (ii) authorizes a city to withhold from disclosure such information provided by a private entity in connection with a franchise, lease or use under a solar photovoltaic services agreement, a solar power purchase agreement, or a solar self-generation agreement.

A BILL to amend and reenact §§ 2.2-3705.6 of the Code of Virginia, and to amend the code of Virginia by adding sections numbered section numbered 2.2-4329.2 and 15.2-2103.1relating to the Virginia Freedom of Information Act; Public Procurement Act; proprietary records and trade secrets; solar energy agreements.

17103762D

S.B. 1292 FOIA; trade secrets submitted to the Department of Mines, Minerals and Energy.

Patron: Chafin

Virginia Freedom of Information Act (FOIA); trade secrets submitted to the Department of Mines, Minerals and Energy. Excludes from the mandatory disclosure provisions of FOIA trade secrets, as defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.), submitted to the Department of Mines, Minerals and Energy that identify chemical ingredient names, the chemical abstracts number for a chemical ingredient, or the amount or concentration of chemicals or ingredients used to stimulate a well pursuant to § 45.1-361.29 or Department regulations concerning such ground-disturbing activities. The bill requires that for such records to be protected, the submitting party must (i) invoke this FOIA exclusion upon submission of the data or materials for which protection from disclosure is sought, (ii) identify the data or materials for which protection is sought, and (iii) state the reasons why protection is necessary. The bill requires the Department to determine whether the information claimed to be a trade secret is entitled to such protection.

A BILL to amend and reenact § 2.2-3705.6 of the Code of Virginia, relating to the Virginia Freedom of Information Act; trade secrets submitted to the Department of Mines, Minerals, and Energy.

17101750D

S.B. 1436 Virginia Freedom of Information Act (FOIA); definition of public body.

Patron: Petersen

Virginia Freedom of Information Act (FOIA); definition of public body. Expands the definition of public body under FOIA to include any foundation that exists for the primary purpose of supporting a public institution of higher education and that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

A BILL to amend and reenact § 2.2-3701 of the Code of Virginia, relating to the Virginia Freedom of Information Act; definition of public body.

17102937D