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2018 SESSION

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18105635D
HOUSE BILL NO. 1605 Offered January 25, 2018 A BILL to amend the Code of Virginia by adding a section numbered 58.1-3.2:1, relating to the Office of the Attorney General and the Department of Taxation sharing and disclosing information under the Master Settlement Agreement and NPM Adjustment Settlement Agreement. ---------- Patron-- Kilgore ---------- Unanimous consent to introduce ---------- Referred to Committee on Finance ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 58.1-3.2:1 as follows:

§ 58.1-3.2:1. Release of information under the NPM Adjustment Settlement Agreement.

A. Notwithstanding any provision of § 58.1-3 or other law, the respective officers, employees, and agents of the Office of the Attorney General and the Department of Taxation shall share with each other and shall be authorized to disclose information collected by or reported or provided to them to other persons or parties in accordance with (i) the Master Settlement Agreement as defined in § 3.2-4200 and (ii) the Non-Participating Manufacturer (NPM) Adjustment Settlement Agreement entered into by the Commonwealth on October 10, 2017, and entered into by other states and leading United States tobacco product manufacturers.

B. Any records shared by, collected by, disclosed by, or reported or provided to an officer, employee, or agent of the Office of the Attorney General or the Department of Taxation pursuant to subsection A shall be exempt from the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

C. Any records shared by, collected by, disclosed by, or reported or provided to an officer, employee, or agent of the Office of the Attorney General or the Department of Taxation pursuant to subsection A shall be exempt from the provisions of the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.), and the disclosure of such records shall not constitute a violation of the same.