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VIRGINIA
FREEDOM OF INFORMATION
ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA
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2018
Subcommittees
The
2018 Session of the General Assembly referred 13 bills to
the FOIA Council for study during the interim. At its meeting
on April 4, 2018, the FOIA Council established three subcommittees
to study these bills and other issues as described below.
1. Records
Subcommittee
The
Subcommittee consists of Council members Porto (Chair), King-Casey,
Seltzer, Treadway, and Vucci. The nine bills referred to the
subcommittee are grouped by topic area below.
Six bills
concerning the custody, transfer, and redaction of public
records:
- HB
504 (Mullin) (defining the term "custodian");
- HB
664 (Kilgore) (defining the term "custodian" and
amending current provisions regarding the transfer of records
and redaction);
- HB
957 (Yancey) (defining the term "custodian");
- HB
958 (Yancey) (amending the current section on redaction);
- HB
959 (Yancey) (amending current provisions regarding the
transfer of records); and
- SB
876 (Mason) (defining the term "custodian" and
amending current provisions regarding the transfer of records
and redaction).
One bill
regarding trade secrets:
- HB
904 (Robinson) (establishing a general exemption for trade
secrets).
One bill
regarding the definition of public records, certain social
media records, and enforcement of FOIA:
- SB
730 (DeSteph) (amending the definition of "public records,"
exempting certain social media records from mandatory disclosure,
and providing that the public body is a necessary party
to any enforcement proceeding).
One bill
concerning the Government Data Collection and Dissemination
Practices Act (GDCDPA):
- HB
1329 (Tran) (prohibiting any state agency maintaining an
information system that includes personal information from
disseminating to federal government authorities information
concerning the religious preferences and affiliations of
data subjects for the purpose of compiling a list, registry,
or database of individuals based on religious affiliation,
national origin, or ethnicity).
Meetings
Scheduled:
Monday, May 21, 2018, 1:30 p.m., Pocahontas Building,
900 East Main Street, House Committee Room 300A, Richmond,
Virginia
Agenda
Summary
California SB
31
Washington
HB 2097
Government Data
Collection and Dissemination Practices Act
Wednesday,
June 27, 2018, 10:00 a.m., Pocahontas Building, 900 East Main
Street, House Committee Room 300A, Richmond, Virginia
Agenda
Summary
State by State Trade
Secrets and Proprietary Records
Daily
Press, LLC v. Office of the Exec. Sec'y
Virginia Regulatory
Town Hall DMME Regulations
HB 780
SB 564
Draft Requested by Subcommittee
Wednesday,
August 8, 2018, 1:00 p.m., Pocahontas Building, 900 East Main
Street, House Committee Room 300A, Richmond, Virginia
Agenda
Summary
Virginia Regulatory
Town Hall DMME Regulations
Draft Requested
by Subcommittee
2.
Meetings Subcommittee
The Subcommittee
consists of Council members Dooley (Chair), Coleburn, King-Casey,
Stern, and Vucci. The two bills referred to the subcommittee
are HB 1101 (Robinson) and SB 336 (Peake), both of which would
require public comment periods at public meetings. The FOIA
Council also directed the subcommittee to study the issue
of texting among members during a public meeting, which was
carried over from prior years.
Meetings
Scheduled:
Tuesday,
June 5, 2018, 10:00 a.m., Pocahontas Building, 900 East Main
Street, House Committee Room 300A, Richmond, Virginia
Agenda
Summary
Wednesday,
July 18, 2018, 10:00 a.m., Pocahontas Building, 900 East Main
Street, House Committee Room 300A, Richmond, Virginia CANCELLED
Wednesday,
August 22, 2018, 10:00 a.m., House Room 3, Capitol Building,
Richmond, Virginia CANCELLED
3. Remedies
Subcommittee
The Subcommittee
consists of Council members Hamlett (Chair), Jones, King-Casey,
Treadway, and Vucci. The two bills referred to the subcommittee
are HB 213 (Mullin) (providing that formal advisory opinions
would be approved by the FOIA Council and provide protection
from liability for civil penalties under certain circumstances)
and SB 630 (Surovell) (adding civil penalties for the improper
destruction or alteration of public records and improper certification
of a closed meeting).
Meetings
Scheduled:
Monday,
May 21, 2018, 10:00 a.m., Pocahontas Building, 900 East Main
Street, House Committee Room 300A, Richmond, Virginia
Agenda
Summary
Monday,
June 4, 2018, 10:00 a.m., Pocahontas Building, 900 East Main
Street, House Committee Room 300A, Richmond, Virginia
Agenda
Summary
Draft Recommended
by Subcommittee
50-State Survey by NCSL
Preliminary
50-State Survey from VCOG
VCOG
Preliminary Survey Chart
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