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2019 SESSION

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Senate Committee on General Laws and Technology
Subcommittee #1

Locke (Chairman), Black, DeSteph, Dunnavant, Sturtevant, Surovell, McPike, Vogel

Clerk: Eric Bingham
Staff: Brooks Braun, Amigo Wade
Date of Meeting: January 23, 2019
Time and Place: 9AM Subcommittee Room #2 5th floor Pocahontas
Subject: FOIA bills

S.B. 1090 Freedom of Information Act; Fort Monroe Authority, closed meeting exemption.

Patron: Locke

Freedom of Information Act; Fort Monroe Authority; closed meeting exemption. Authorizes the board of trustees of the Fort Monroe Authority to hold closed meetings to discuss matters relating to specific gifts, bequests, and grants from private sources.

A BILL to amend and reenact § 2.2-3711 of the Code of Virginia, relating to the Freedom of Information Act; Fort Monroe Authority; closed meeting exemption.

19102825D

S.B. 1180 Virginia Freedom of Information Act; definition of trade secret.

Patron: Stuart

Virginia Freedom of Information Act; definition of trade secret. Defines the term "trade secret," for the purposes of the Virginia Freedom of Information Act, as meaning the same as that term is defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.). This bill is a recommendation of the Virginia Freedom of Information Advisory Council.

A BILL to amend and reenact §§ 2.2-3701, 2.2-3705.2, 2.2-3705.6, 2.2-3705.7, and 2.2-3711 of the Code of Virginia, relating to the Virginia Freedom of Information Act; definition of trade secret.

19100042D

S.B. 1182 Virginia Freedom of Information Act; meetings held through electronic communication means.

Patron: Stuart

Virginia Freedom of Information Act; meetings held through electronic communication means. Clarifies that certain requirements of current law regarding participation in public meetings through electronic communication means do not apply to meetings held to address a state of emergency declared by the Governor, specifically the requirements that public bodies (i) adopt a written policy regarding participation by electronic communication, (ii) have a quorum of a public body physically assembled at a primary or central location, and (iii) make arrangements for the voice of any member participating from a remote location to be heard by all persons at the primary or central location. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.

A BILL to amend and reenact § 2.2-3708.2 of the Code of Virginia, relating to meetings held through electronic communications means under the Virginia Freedom of Information Act.

19100886D

S.B. 1184 FOIA; applicability to sexual assault response teams, etc.

Patron: Stuart

Virginia Freedom of Information Act; applicability; sexual assault response teams and multidisciplinary child sexual abuse response teams. Provides that the Virginia Freedom of Information Act (FOIA) shall not apply to sexual assault response teams, with the exception of records relating to (i) protocols and policies of the sexual assault response team and (ii) guidelines for the community's response established by the sexual assault response team, which the bill provides shall be public records and subject to the provisions of FOIA. The bill also provides that FOIA shall not apply to multidisciplinary child sexual abuse response teams. This bill is a recommendation of the Freedom of Information Advisory Council.

A BILL to amend and reenact §§ 2.2-3703, 2.2-3705.7, and 2.2-3711 of the Code of Virginia, relating to the Virginia Freedom of Information Act; applicability; sexual assault response teams and multidisciplinary child sexual abuse response teams.

19102850D

S.B. 1431 Virginia Freedom of Information Act; training requirement for local elected officials.

Patron: Obenshain

Virginia Freedom of Information Act; training requirements; proceedings for enforcement. Requires the Virginia Freedom of Information Advisory Council to provide, and local elected officials to complete, training on the provisions of the Virginia Freedom of Information Act. The bill requires local elected officials to complete such training at least once every two years while they are in office. The bill also eliminates the three-day notice requirement for a hearing on a petition for mandamus or injunction alleging a violation of the Act. The bill contains technical amendments.

A BILL to amend and reenact § 2.2-3713 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3704.3, relating to the Virginia Freedom of Information Act; training requirements; proceedings for enforcement.

19103021D

S.B. 1492 FOIA; exclusions, proprietary records and trade secrets.

Patron: Chafin

FOIA; exclusions; proprietary records and trade secrets; Virginia Telecommunication Initiative. Excludes trade secrets, as defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.), financial information, and research-related information supplied to the Department of Housing and Community Development (the Department) as part of any grant application submitted to the Department pursuant to § 36-139, Article 26 (§ 2.2-2484 et seq.) of Chapter 24, or the Virginia Telecommunication Initiative as authorized by the Appropriations Act from the mandatory disclosure provisions of FOIA, if such disclosure would be harmful to the competitive position of the applicant. The bill provides that in order for such trade secrets, financial information, and research-related information to be excluded, the applicant shall (i) invoke this exclusion upon submission of the data or other materials from which disclosure is sought, (ii) identify with specificity the data or other materials for which protection is sought, and (iii) state the reasons why protection is necessary.

A BILL to amend and reenact § 2.2-3705.6 of the Code of Virginia, relating to the Freedom of Information Act; exclusions; proprietary records and trade secrets; Virginia Telecommunication Initiative.

19102327D

S.B. 1554 Virginia Freedom of Information Act (FOIA); violations and civil penalties.

Patron: Surovell

Virginia Freedom of Information Act (FOIA); civil penalties. Provides that in addition to any penalties imposed under FOIA, (i) if a court finds that any officer, employee, or member of a public body failed to provide public records to a requester in accordance with the provisions of FOIA because such officer, employee, or member of a public body intentionally altered or destroyed the requested public records prior to the expiration of the applicable record retention period set by the retention regulations promulgated pursuant to the Virginia Public Records Act (§ 42.1-76 et seq.) by the State Library Board, the court shall impose upon such officer, employee, or member in his individual capacity, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of up to $100 per record altered or destroyed, which amount shall be paid into the Literary Fund, and (ii) if a court finds that a member of a public body voted to certify a closed meeting and at the time of such certification such certification was not in accordance with the requirements of FOIA, the court may impose on each such member voting to certify in his individual capacity, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of $500, which amount shall be paid into the Literary Fund.

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

19103495D