2014 SESSION

Convened January 8, 2014
Adjourned sine die March 8, 2014
Reconvened April 23, 2014
Adjourned sine die April 23, 2014

COMPUTER SERVICES AND USES

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over to 2015 Session

Abduction and prostitution offenses; administrative subpoena for electronic communication service or remote computing service records. Amending § 19.2-10.2. (Patron-Hugo, HB 485 (Chapter 166))

Absentee voting and procedures; State Board shall provide instructions, procedures, etc., for secure return of voted absentee military-overseas ballots by electronic means from uniformed-service voters outside of United States, report. Amending § 24.2-706. (Patron-Rust, HB 759 (Chapter 506); Puller, SB 11 (Chapter 604))

Abuse or neglect of a child, suspected; local department of social services shall notify local attorney for the Commonwealth and local law-enforcement agency of all complaints involving contributing to delinquency of a minor, immediately, but in no case more than two hours of receipt of complaint, local department may submit report either in writing or electronically. Amending § 63.2-1503. (Patron-Bell, Robert B., HB 405 (Chapter 565); Howell, SB 332 (Chapter 300))

Appropriation act conference report; requires committee report of act to be available online for 36 hours and distributed to each member of General Assembly before a vote is taken. Adding § 30-18.1. (Patron-Stuart, SB 148 (F))

Arrest photos; placement and removal on Internet, penalty. Adding § 18.2-511.2. (Patron-Marsden, SB 137 (C); Stuart, SB 286 (I) See SB137)

Audio-visual deposition; prohibits an attorney authorized to practice before a court in the Commonwealth from posting or releasing to Internet any portion of deposition without written permission of individual being deposed. Amending § 8.01-412.2. (Patron-Miller, HB 615 (F))

Automated sales suppression devices; any person who uses a device or software to falsify electronic records of cash registers or other point-of-sale systems or otherwise manipulates transaction records that affect any state tax liability shall be guilty of a Class 1 misdemeanor, civil penalty. Amending §§ 58.1-1814 and 58.1-3907. (Patron-Keam, HB 829 (Chapter 785))

Automated sales suppression devices; use of device or software to falsify electronic records of cash registers or other point-of-sale systems or otherwise manipulates transaction records that affect any state tax liability shall be guilty of a Class 1 misdemeanor, civil penalty. Amending §§ 58.1-1814 and 58.1-3907. (Patron-Saslaw, SB 611 (Chapter 723))

Certificate of analysis for drugs or alcohol use; director shall remove withdrawal certificate from vial and electronically scan it into Department’s Laboratory Information Management System and place original certificate in its case-specific file, certificate shall be returned or electronically transmitted to clerk of court in which charge will be heard, electronic signature. Amending §§ 18.2-268.7, 19.2-187, and 46.2-341.26:7. (Patron-Morris, HB 518 (Chapter 328))

Chesapeake Bay; voluntary tax contributions for restoration, report posted on website maintained by Secretary of Natural Resources along with listing of awards granted on or after July 1, 2014. Amending § 58.1-344.3. (Patron-Lingamfelter, HB 131 (Chapter 18); Hanger, SB 414 (Chapter 182))

Circuit court clerks; automated system in lieu of order books, etc. Amending §§ 17.1-124, 17.1-225, 17.1-242, 17.1-243, 17.1-258.3, 17.1-279, and 17.1-293. (Patron-McDougle, SB 435 (Chapter 460))

Commonwealth, Secretary of the; centralized filing of disclosure statements, establishment of searchable database. Amending §§ 2.2-3114.1, 2.2-3115, 2.2-3124, 24.2-502, and 30-110; adding §§ 2.2-417.1, 2.2-417.2, and 2.2-417.3. (Patron-Campbell, HB 636 (F))

Computer fraud; increases penalty when value of property or services obtained is $200 or more where victim is age 65 or older. Amending § 18.2-152.3. (Patron-Mason, HB 619 (F))

Condominium Act and Property Owners’ Association Act; allowable fees, seller or authorized agent shall specify in writing whether disclosure packet shall be delivered electronically or in hard copy. Amending §§ 55-79.97, 55-79.97:1, 55-509.3, 55-509.4, and 55-509.6. (Patron-Peace, HB 900 (Chapter 216))

Conflict of Interests Act, State and Local Government, and General Assembly Conflicts of Interests Act; centralized filing of disclosure forms with Secretary of the Commonwealth and development of a searchable electronic database. Amending §§ 2.2-419, 2.2-426, 2.2-3101, 2.2-3114.1, 2.2-3117, 24.2-502, 30-101, 30-110, and 30-111; adding §§ 2.2-417.1, 2.2-417.2, and 2.2-417.3. (Patron-Ebbin, SB 265 (I) See SB649)

Conflict of Interests Act, State and Local Government, and General Assembly Conflicts of Interests Act; publicly available database for statements of economic interests, civil penalties. Amending §§ 2.2-3124 and 30-110; adding § 2.2-3117.1. (Patron-Campbell, HB 713 (F))

Courthouse; posting of notices on public government website of locality served by court or near principal public entrance or both. Amending § 1-211.1. (Patron-Minchew, HB 143 (Chapter 269))

Digital impersonation; person who knowingly and without authorization credibly impersonates living individual through or on an Internet website or by any other electronic means with intent to harass, intimidate, or defraud. Adding § 18.2-152.15:1. (Patron-Gilbert, HB 707 (C))

Disclosure statements and gift reports; centralized filing in Office of Secretary of the Commonwealth, establishment of searchable database. Amending §§ 2.2-419, 2.2-426, 2.2-433, 2.2-3101, 2.2-3103, 2.2-3114.1, 2.2-3115, 2.2-3117, 24.2-502, 30-101, 30-103, 30-110, and 30-111; adding §§ 2.2-417.1, 2.2-417.2, 2.2-417.3, 2.2-3118.2, and 30-110.1. (Patron-Krupicka, HB 204 (F))

Electronic communications; right to privacy, civil action. Adding § 8.01-40.3. (Patron-Marshall, R.G., HB 325 (F))

Electronic summons system; counties and cities may assess a fee as part of costs in each criminal or traffic case in district or circuit court to be used for implementation and maintenance of system. Amending § 17.1-275.5; adding § 17.1-279.1. (Patron-Villanueva, HB 477 (Chapter 325))

Emergency custody and temporary detention; Department shall develop and administer a web-based acute psychiatric bed registry, period of custody shall not exceed 8 hours from time law-enforcement officer takes minor into custody, report. Amending §§ 16.1-340, 16.1-340.1, 16.1-345.4, 19.2-169.6, 19.2-182.9, 37.2-808, 37.2-809, 37.2-814, and 37.2-817.2; adding §§ 16.1-340.1:1, 37.2-308.1, and 37.2-809.1. (Patron-Deeds, SB 260 (Chapter 691))

Evidence and incidents of trial; recording misdemeanor cases electronically in circuit court. Adding § 17.1-128.1. (Patron-Gilbert, HB 704 (Chapter 78))

General Services, Department of; inventory of all real property owned by the Commonwealth, listing of property on website, description of inventory. Amending § 2.2-1136. (Patron-LeMunyon, HB 790 (Chapter 211))

Harassment; person who uses computer or computer network to engage in bullying is guilty of Class 1 misdemeanor. Amending § 18.2-152.7:1. (Patron-Keam, HB 834 (F))

Harassment by computer; impersonating another, penalty. Amending § 18.2-152.7:1. (Patron-Taylor, HB 344 (C))

Health care providers; upon request, provide patient with metadata of patient’s electronic medical record. Amending § 8.01-413. (Patron-Albo, HB 490 (F))

Higher Education for Virginia, State Council of; local school board shall implement that career and technical education programs include an annual notice on its website of availability of postsecondary education and employment data. Amending §§ 22.1-253.13:1 and 23-9.2:3.04; adding § 23-2.4. (Patron-Peace, HB 886 (Chapter 472))

Higher educational institutions, four-year; institution shall create and feature on its website a page with information dedicated solely to mental health resources available to students. (Patron-Hope, HB 206 (Chapter 558))

Internet Crimes Against Children Fund; increases fee placed upon each felony or misdemeanor conviction, disbursement of fee, local school board shall implement physical fitness program which may include the Governor’s Child Safety Test, parents and guardians have right to review Test offered. Amending §§ 17.1-275.12 and 22.1-253.13:1. (Patron-Deeds, SB 262 (F))

Internet publication of personal information; adds attorneys for the Commonwealth to current provision prohibiting state or local agency from publicly posting or displaying home address or personal telephone numbers of a law-enforcement officer or state or federal judge or justice. Amending § 18.2-186.4:1. (Patron-Bell, Robert B., HB 745 (Chapter 170))

Legal notices; advertisement by locality on websites, radio, or television. Amending § 15.2-107.1. (Patron-Head, HB 95 (F))

Legal notices; allows localities to meet certain notice requirements by utilizing their websites, radio, or television rather than being limited to a newspaper of general circulation. Amending § 15.2-107.1. (Patron-Smith, SB 472 (F))

Personal property tax; exemption may include electronic communications and processing devices and equipment, including but not limited to cell phones and tablet and personal computers, including peripheral equipment such as printers. Amending § 58.1-3504. (Patron-Davis, HB 589 (Chapter 279))

Recordation and marginal release; clerk of circuit court not required to make recordings in margins of pages in record books to accommodate use of electronic filing databases, entry of assignment of judgment on judgment lien docket. Amending §§ 6.2-417, 8.01-269, 8.01-431, 8.01-434, 8.01-452, 8.01-455, 17.1-238, 17.1-250, 38.2-2419, 43-65, 43-68, 55-66.4:1, 55-157, 55-245, 58.1-3301, 58.1-3310, 58.1-3360, and 64.2-2703. (Patron-Robinson, HB 607 (Chapter 330))

State Corporation Commission; eFile electronic registration system, limitation on submission of certain data and documents. (Patron-Ramadan, HB 168 (Chapter 311))

Student data; each cloud computing service provider that enters into a contract with local school board to provide services to only process and monitor data. Adding § 22.1-289.01. (Patron-Yancey, HB 1114 (C); Cosgrove, SB 599 (F))

Transportation, Department of; notice and public comment on projects on its website. Adding § 33.1-13.06. (Patron-Stuart, SB 147 (F))

Unlawful dissemination or sale of images of another; intent to coerce, harass, etc., depicted person, provisions shall not apply to videographic or still image created by law-enforcement officers pursuant to criminal investigations, Class 1 misdemeanor if person uses Internet service provider, etc., that provides or enables computer access by multiple users, such provider shall not be held responsible for violation of content provided by another person. Amending § 18.2-386.1; adding § 18.2-386.2. (Patron-Bell, Robert B., HB 326 (Chapter 399))

Unlawful photographs or videos; Class 6 felony for person to publish on Internet when made in violation of current law. Amending §§ 18.2-386.1 and 19.2-249.2. (Patron-Edwards, SB 93 (C))

Virginia Business One Stop electronic portal program; State Corporation Commission and Department of Small Business and Supplier Diversity shall implement a hyperlink from State Corporation Commission’s eFile system to Business Permitting Center, report. Amending § 2.2-1617 and second enactment of Chapters 155 and 206, 2013 Acts. (Patron-Ramadan, HB 167 (Chapter 758))

Virginia Freedom of Information Act; participation in meetings by electronic communication in event of emergency or personal matters, approval process, if public body does not approve member’s participation from remote location, reasons shall be recorded in minutes. Amending § 2.2-3708.1. (Patron-Minchew, HB 193 (Chapter 492); Favola, SB 161 (Chapter 524))

Virginia Freedom of Information Act; state agencies in executive branch to post notice on their respective public government websites allowable charges for producing records, public body may make reasonable charges not to exceed its actual cost incurred. Amending § 2.2-3704.1. (Patron-Keam, HB 837 (Chapter 421))

Virtual Virginia; Department of Education may contract local school boards that have created online courses to make more courses available to other school divisions through Virtual Virginia Program, Virtual Learning Advisory Committee established. Amending §§ 22.1-212.2, 22.1-212.24, and 22.1-212.25. (Patron-Greason, HB 1115 (Chapter 436))