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INFORMATION TECHNOLOGY & ACCESS;
FREEDOM OF INFORMATION ACT
Passed Legislation
HOUSE BILL 54
Virginia Freedom of Information Act (FOIA); electronic communication
meetings.
Patron: Clifton A. (Chip) Woodrum
Summary: Extends the exemption of certain
public bodies from the FOIA's electronic communication meeting
restrictions from July 1, 2000, to July 1, 2002. The exempted
entities are (i) any public body (a) in the legislative branch
of state government or (b) responsible to or under the supervision,
direction, or control of the Secretary of Commerce and Trade
or the Secretary of Technology or (ii) the State Board for Community
Colleges. The bill also extends from October 15, 2000, to April
15, 2001, the filing date for submitting a report detailing their
experience with meetings held under this pilot program.
HOUSE BILL 445
Freedom of Information Act; disclosure of criminal records; notice
of meetings.
Patron: Clifton A. (Chip) Woodrum
Summary: Clarifies that certain records maintained
by law-enforcement agencies are exempt from disclosure under
the Freedom of Information Act (FOIA). The bill also clarifies
that FOIA requires every public body to give notice of the date,
time, and location of its meetings by placing the notice in a
prominent public location at which notices are regularly posted
and in the office of the clerk of the public body, or in the
case of a public body which has no clerk, in the office of the
chief administrator. This bill is a recommendation of the Joint
Subcommittee Studying the Freedom of Information (HJR 501, 1999).
HOUSE BILL 449
Sales and use tax exemption; Virginia Statewide AHEC Program.
Patron: Brian J. Moran
Summary: Provides a sales and use tax exemption
from July 1, 2000, through June 30, 2001, to a 501 (c) (3) entity
organized to promote careers in health services and to provide
access to primary care for medically underserved populations
through community-academic partnerships.
Note: Although UETA is primarily intended
to govern private-sector commerce, note that the Act specifically
applies to public bodies, and has several sections dealing specifically
with public bodies.
HOUSE BILL 513
Internet privacy policy.
Patron: Kenneth R. Plum
Summary: Directs every public body that has
an Internet website to develop an Internet privacy policy ("Policy")
and an Internet privacy policy statement ("Statement")
by December 1, 2000. The Policy shall be consistent with the
requirements of the Privacy Protection Act of 1976 and be tailored
to reflect the individual public body's information practices.
The Statement, which explains the Policy, shall be posted on
the public body's website in a conspicuous manner by January
1, 2001. The bill also makes a technical amendment to correct
an incorrect cross-reference. This bill is a recommendation of
the Joint Commission on Technology and Science.
Note: This appears to apply with equal force
to local government entities.
HOUSE BILL 551
Freedom of Information; Virginia Freedom of Information Advisory
Council.
Patron: Clifton A. (Chip) Woodrum
Summary: Creates the Virginia Freedom of Information
Advisory Council in the legislative branch and sets its membership,
terms, and powers and duties. Daily operations of the Council
shall be carried out by its staff, which will come from the Division
of Legislative Services. The duties of the Council are to (i)
provide training about the Freedom of Information Act (FOIA),
(ii) furnish, upon request, advisory opinions and guidelines
on the requirements of FOIA, and (iii) publish educational materials
on FOIA. There is a two-year sunset placed on the Council. The
bill is a recommendation of the Joint Subcommittee Studying the
Freedom of Information Act (HJR 501, 1999).
HOUSE BILL 614
Security of government database.
Patron: Samuel A. Nixon, Jr.
Summary: Requires the Governor to direct an
appropriate entity to conduct periodic audits of all executive
branch agencies and institutions of higher education regarding
security procedures for protecting government databases and data
communications. The designated entity may contract with a private
firm or firms in completing this task. All government entities
subject to such audits are to fully cooperate with the designated
entity.
HOUSE BILL 1165
Freedom of Information Act; record exemptions.
Patron: David B. Albo
Summary: Provides a record exemption from
the Freedom of Information Act for records of the Department
of Environmental Quality, the State Water Control Board, State
Air Pollution Control Board or the Virginia Waste Management
Board relating to (i) active federal environmental enforcement
actions that are considered confidential under federal law and
(ii) enforcement strategies, including proposed sanctions for
enforcement actions. Upon request, such records shall be disclosed
after a proposed sanction resulting from the investigation has
been proposed to the director of the agency. This exemption shall
not be construed to prohibit the disclosure of records related
to inspection reports, notices of violation, or documents detailing
the nature of any environmental contamination that may have occurred
or similar documents.
HOUSE BILL 1187
Freedom of Information Act; records exemption for the Attorney
General.
Patron: John S. (Jack) Reid
Summary: Clarifies the records exemption from
the Freedom of Information Act for written advice of legal counsel
to state, regional, or local public bodies or public officials.
HOUSE BILL 1255
Advertisement of legal notices on web sites.
Patron: Robert H. Brink
Summary: Provides that a locality may advertise
legal notices on the locality's World Wide Web site.
HOUSE BILL 1269
Liability for defamatory material on the Internet.
Patron: John H. Rust, Jr.
Summary: Establishes that no provider or user
of an interactive computer service on the Internet shall be treated
as the publisher or speaker of any information provided to it
by another information content provider for the purposes of defamation
lawsuits. Further, no provider or user of an interactive computer
service shall be liable for any action voluntarily taken by it
in good faith (i) to restrict access to, or availability of,
material or (ii) to make available, to information content providers
or others, the technical means to restrict access to information
provided by another information content provider.
HOUSE BILL 1327
Freedom of Information Act; records exemption for local human
rights councils.
Patron: James F. Almand
Summary: Exempts investigative notes and other
correspondence and information furnished in confidence with respect
to an investigation or conciliation process by local human rights
or human relations commissions. The bill also contains technical
amendments.
HOUSE JOINT RESOULTION 65
Electronic commerce.
Patron: Samuel A. Nixon, Jr.
Summary: Expresses the sense of the General
Assembly that state agencies and institutions take such steps
as are necessary to ensure that the Commonwealth is fully engaged
in electronic commerce by July 1, 2002.
HOUSE JOINT RESOLUTION 315
Internet-based service delivery.
Patron: Jeannemarie Devolites
Summary: Encourages state agencies and local
governments to expand their Internet-based information and service
delivery with the goal of providing effective and efficient operations
and providing more convenient customer service.
SENATE BILL 340
Freedom of Information; Virginia Freedom of Information Advisory
Council.
Patron: William T. Bolling
Summary: Creates the Virginia Freedom of Information
Advisory Council in the legislative branch and sets its membership,
terms, powers and duties. Daily operations of the Council shall
be carried out by its staff, which will come from the Division
of Legislative Services. The duties of the Council are to (i)
provide training about the Freedom of Information Act (FOIA),
(ii) furnish, upon request, advisory opinions and guidelines
on the requirements of FOIA, and (iii) publish educational materials
on FOIA. There is a two-year sunset placed on the Council. The
bill is a recommendation of the Joint Subcommittee Studying the
Freedom of Information Act (HJR 501, 1999).
SENATE BILL 390
Freedom of Information; exemptions.
Patron: Martin E. Williams
Summary: Provides that, as it relates to any
person, electronic toll collection records that identify an individual,
vehicle, or travel itinerary including, but not limited to, vehicle
identification data, vehicle enforcement system information,
video or photographic images, Social Security or other identification
numbers appearing on drivers' licenses, credit card or bank account
data, home addresses, phone numbers, or records of the date or
time of toll facility use are exempt from disclosure under the
Freedom of Information Act.
Further Information
Alan Albert: 757/624-3055 (Norfolk), 804/697-1368 (Richmond)
E-mail: aalbert@maysval.com
Anne Leigh Kerr: 804/697-1465
E-mail: alkerr@maysval.com
(c) 2000 Virginia Association of Local Elected Constitutional
Officers.
This report may not be reproduced in whole or in part without
the written permission of the copyright holder.
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