Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/06/2020     01/23/2020  

Virginia FOIA; applicability to certain records of the Office of Executive Secretary.

Provides that for the purposes of the provisions of the Virginia Freedom of Information Act that are applicable to access to public records, the Office of Executive Secretary to the Supreme Court shall be considered a public body and, except as otherwise expressly provided by law, shall have the same obligations to disclose public records as other custodians of public records. The bill clarifies that the public records provisions of the Freedom of Information Act do not apply to judicial officers or information created or maintained on behalf of judicial officers, but do apply to any administrative records of judicial officers that are maintained by the Office of Executive Secretary and unrelated to a record created, collected, received, or maintained in connection with a particular case. The bill also adds to the duties of the Executive Secretary a role as custodian of records of administrative functions performed by persons employed by him or acting under his direction and of aggregated data regarding Virginia courts that may be obtained from systems maintained by his office. Finally, the bill directs the Supreme Court of Virginia to revise the rules of practice and procedure as necessary to comply with the provisions provided for in the bill.

Date Version PDF TXT
01/06/2020 House: Prefiled and ordered printed; offered 01/08/20 20101929D Open

            

2020 SESSION

    20101929D
    HOUSE BILL NO. 671
    Offered January 8, 2020
    Prefiled January 6, 2020
    A BILL to amend and reenact �� 2.2-3701, 2.2-3703, 2.2-3705.7, and 17.1-315 of the Code of Virginia, relating to the Virginia Freedom of Information Act; applicability to certain records of the Office of Executive Secretary and judicial officers; duties of Executive Secretary to the Supreme Court.
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    Patrons-- Mullin and Roem
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    Referred to Committee on General Laws
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    Be it enacted by the General Assembly of Virginia:

    1. That �� 2.2-3701, 2.2-3703, 2.2-3705.7, and 17.1-315 of the Code of Virginia are amended and reenacted as follows:

    2.2-3701. Definitions.

    As used in this chapter, unless the context requires a different meaning:

    "Closed meeting" means a meeting from which the public is excluded.

    "Electronic communication" means the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities to transmit or receive information.

    "Emergency" means an unforeseen circumstance rendering the notice required by this chapter impossible or impracticable and which circumstance requires immediate action.

    "Information" as used in the exclusions established by �� 2.2-3705.1 through 2.2-3705.7, means the content within a public record that references a specifically identified subject matter, and shall not be interpreted to require the production of information that is not embodied in a public record.

    "Meeting" or "meetings" means the meetings including work sessions, when sitting physically, or through electronic communication means pursuant to � 2.2-3708.2, as a body or entity, or as an informal assemblage of (i) as many as three members or (ii) a quorum, if less than three, of the constituent membership, wherever held, with or without minutes being taken, whether or not votes are cast, of any public body. Neither the gathering of employees of a public body nor the gathering or attendance of two or more members of a public body (a) at any place or function where no part of the purpose of such gathering or attendance is the discussion or transaction of any public business, and such gathering or attendance was not called or prearranged with any purpose of discussing or transacting any business of the public body, or (b) at a public forum, candidate appearance, or debate, the purpose of which is to inform the electorate and not to transact public business or to hold discussions relating to the transaction of public business, even though the performance of the members individually or collectively in the conduct of public business may be a topic of discussion or debate at such public meeting, shall be deemed a "meeting" subject to the provisions of this chapter.

    "Open meeting" or "public meeting" means a meeting at which the public may be present.

    "Public body" means any legislative body, authority, board, bureau, commission, district or agency of the Commonwealth or of any political subdivision of the Commonwealth, including cities, towns and counties, municipal councils, governing bodies of counties, school boards and planning commissions; governing boards of public institutions of higher education; and other organizations, corporations or agencies in the Commonwealth supported wholly or principally by public funds. It shall include (i) the Virginia Birth-Related Neurological Injury Compensation Program and its board of directors established pursuant to Chapter 50 (� 38.2-5000 et seq.) of Title 38.2 and (ii) any committee, subcommittee, or other entity however designated, of the public body created to perform delegated functions of the public body or to advise the public body. It shall not exclude any such committee, subcommittee or entity because it has private sector or citizen members. Corporations organized by the Virginia Retirement System are "public bodies" for purposes of this chapter.

    For the purposes of the provisions of this chapter applicable to access to public records, the Office of Executive Secretary as defined in � 17.1-314, constitutional officers, and private police departments as defined in � 9.1-101 shall be considered public bodies and, except as otherwise expressly provided by law, shall have the same obligations to disclose public records as other custodians of public records.

    "Public records" means all writings and recordings that consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostatting, photography, magnetic impulse, optical or magneto-optical form, mechanical or electronic recording or other form of data compilation, however stored, and regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business.

    "Regional public body" means a unit of government organized as provided by law within defined boundaries, as determined by the General Assembly, which unit includes two or more localities.

    "Scholastic records" means those records containing information directly related to a student or an applicant for admission and maintained by a public body that is an educational agency or institution or by a person acting for such agency or institution.

    "Trade secret" means the same as that term is defined in the Uniform Trade Secrets Act (� 59.1-336 et seq.).

    2.2-3703. Public bodies and records to which chapter inapplicable; voter registration and election records; access by persons incarcerated in a state, local, or federal correctional facility.

    A. The provisions of this chapter shall not apply to:

    1. The Virginia Parole Board, except that (i) information from the Virginia Parole Board providing the number of inmates considered by the Board for discretionary parole, the number of inmates granted or denied parole, and the number of parolees returned to the custody of the Department of Corrections solely as a result of a determination by the Board of a violation of parole shall be open to inspection and available for release, on a monthly basis, as provided by � 2.2-3704; (ii) all guidance documents, as defined in � 2.2-4101, shall be public records and subject to the provisions of this chapter; and (iii) all records concerning the finances of the Virginia Parole Board shall be public records and subject to the provisions of this chapter. The information required by clause (i) shall be furnished by offense, sex, race, age of the inmate, and the locality in which the conviction was obtained, upon the request of the party seeking the information. The information required by clause (ii) shall include all documents establishing the policy of the Board or any change in or clarification of such policy with respect to grant, denial, deferral, revocation, or supervision of parole or geriatric release or the process for consideration thereof, and shall be clearly and conspicuously posted on the Boards website. However, such information shall not include any portion of any document reflecting the application of any policy or policy change or clarification of such policy to an individual inmate;

    2. Petit juries and grand juries;

    3. Family assessment and planning teams established pursuant to � 2.2-5207;

    4. Sexual assault response teams established pursuant to � 15.2-1627.4, except that records relating to (i) protocols and policies of the sexual assault response team and (ii) guidelines for the communitys response established by the sexual assault response team shall be public records and subject to the provisions of this chapter;

    5. Multidisciplinary child sexual abuse response teams established pursuant to � 15.2-1627.5;

    6. The Virginia State Crime Commission; and

    7. The records maintained by the clerks of the courts of record, as defined in � 1-212, for which clerks are custodians under � 17.1-242, and courts not of record, as defined in � 16.1-69.5, for which clerks are custodians under � 16.1-69.54, including those transferred for storage, maintenance, or archiving. Such records shall be requested in accordance with the provisions of �� 16.1-69.54:1 and 17.1-208, as appropriate. However, other records maintained by the clerks of such courts shall be public records and subject to the provisions of this chapter; and

    8. Judicial officers, including (i) commissioners in chancery appointed pursuant to � 8.01-607; (ii) commissioners of accounts appointed pursuant to � 64.2-1200; and (iii) any justice, judge, or magistrate, including (a) active, retired, and senior justices and judges of any court of record, as defined in � 1-212, and any court not of record, as defined in � 16.1-69.5; (b) substitute judges appointed pursuant to � 16.1-69.9:1; (c) special justices appointed pursuant to � 37.2-803; and (d) judges pro tempore authorized under � 17.1-109. However, administrative records of such judicial officers maintained by the Office of Executive Secretary, as defined in � 17.1-314, and unrelated to a record created, collected, received, or maintained in connection with a particular case shall be public records and subject to the provisions of this chapter.

    B. Public access to voter registration and election records shall be governed by the provisions of Title 24.2 and this chapter. The provisions of Title 24.2 shall be controlling in the event of any conflict.

    C. No provision of this chapter or Chapter 21 (� 30-178 et seq.) of Title 30 shall be construed to afford any rights to any person (i) incarcerated in a state, local or federal correctional facility, whether or not such facility is (a) located in the Commonwealth or (b) operated pursuant to the Corrections Private Management Act (� 53.1-261 et seq.) or (ii) civilly committed pursuant to the Sexually Violent Predators Act (� 37.2-900 et seq.). However, this subsection shall not be construed to prevent such persons from exercising their constitutionally protected rights, including, but not limited to, their right to call for evidence in their favor in a criminal prosecution.

    2.2-3705.7. Exclusions to application of chapter; records of specific public bodies and certain other limited exclusions.

    The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law. Redaction of information excluded under this section from a public record shall be conducted in accordance with � 2.2-3704.01.

    1. State income, business, and estate tax returns, personal property tax returns, and confidential records held pursuant to � 58.1-3.

    2. Working papers and correspondence of the Office of the Governor, the Lieutenant Governor, or the Attorney General; the members of the General Assembly, the Division of Legislative Services, or the Clerks of the House of Delegates or the Senate of Virginia; the mayor or chief executive officer of any political subdivision of the Commonwealth; or the president or other chief executive officer of any public institution of higher education in the Commonwealth. However, no information that is otherwise open to inspection under this chapter shall be deemed excluded by virtue of the fact that it has been attached to or incorporated within any working paper or correspondence. Further, information publicly available or not otherwise subject to an exclusion under this chapter or other provision of law that has been aggregated, combined, or changed in format without substantive analysis or revision shall not be deemed working papers. Nothing in this subdivision shall be construed to authorize the withholding of any resumes or applications submitted by persons who are appointed by the Governor pursuant to � 2.2-106 or 2.2-107.

    As used in this subdivision:

    "Members of the General Assembly" means each member of the Senate of Virginia and the House of Delegates and their legislative aides when working on behalf of such member.

    "Office of the Governor" means the Governor; the Governors chief of staff, counsel, director of policy, and Cabinet Secretaries; the Assistant to the Governor for Intergovernmental Affairs; and those individuals to whom the Governor has delegated his authority pursuant to � 2.2-104.

    "Working papers" means those records prepared by or for a public official identified in this subdivision for his personal or deliberative use.

    3. Information contained in library records that can be used to identify (i) both (a) any library patron who has borrowed material from a library and (b) the material such patron borrowed or (ii) any library patron under 18 years of age. For the purposes of clause (ii), access shall not be denied to the parent, including a noncustodial parent, or guardian of such library patron.

    4. Contract cost estimates prepared for the confidential use of the Department of Transportation in awarding contracts for construction or the purchase of goods or services, and records and automated systems prepared for the Departments Bid Analysis and Monitoring Program.

    5. Lists of registered owners of bonds issued by a political subdivision of the Commonwealth, whether the lists are maintained by the political subdivision itself or by a single fiduciary designated by the political subdivision.

    6. Information furnished by a member of the General Assembly to a meeting of a standing committee, special committee, or subcommittee of his house established solely for the purpose of reviewing members annual disclosure statements and supporting materials filed under � 30-110 or of formulating advisory opinions to members on standards of conduct, or both.

    7. Customer account information of a public utility affiliated with a political subdivision of the Commonwealth, including the customers name and service address, but excluding the amount of utility service provided and the amount of money charged or paid for such utility service.

    8. Personal information, as defined in � 2.2-3801, (i) filed with the Virginia Housing Development Authority concerning individuals who have applied for or received loans or other housing assistance or who have applied for occupancy of or have occupied housing financed, owned or otherwise assisted by the Virginia Housing Development Authority; (ii) concerning persons participating in or persons on the waiting list for federally funded rent-assistance programs; (iii) filed with any local redevelopment and housing authority created pursuant to � 36-4 concerning persons participating in or persons on the waiting list for housing assistance programs funded by local governments or by any such authority; or (iv) filed with any local redevelopment and housing authority created pursuant to � 36-4 or any other local government agency concerning persons who have applied for occupancy or who have occupied affordable dwelling units established pursuant to � 15.2-2304 or 15.2-2305. However, access to ones own information shall not be denied.

    9. Information regarding the siting of hazardous waste facilities, except as provided in � 10.1-1441, if disclosure of such information would have a detrimental effect upon the negotiating position of a governing body or on the establishment of the terms, conditions, and provisions of the siting agreement.

    10. Information on the site-specific location of rare, threatened, endangered, or otherwise imperiled plant and animal species, natural communities, caves, and significant historic and archaeological sites if, in the opinion of the public body that has the responsibility for such information, disclosure of the information would jeopardize the continued existence or the integrity of the resource. This exclusion shall not apply to requests from the owner of the land upon which the resource is located.

    11. Memoranda, graphics, video or audio tapes, production models, data, and information of a proprietary nature produced by or for or collected by or for the Virginia Lottery relating to matters of a specific lottery game design, development, production, operation, ticket price, prize structure, manner of selecting the winning ticket, manner of payment of prizes to holders of winning tickets, frequency of drawings or selections of winning tickets, odds of winning, advertising, or marketing, where such information not been publicly released, published, copyrighted, or patented. Whether released, published, or copyrighted, all game-related information shall be subject to public disclosure under this chapter upon the first day of sales for the specific lottery game to which it pertains.

    12. Information held by the Virginia Retirement System, acting pursuant to � 51.1-124.30, or a local retirement system, acting pursuant to � 51.1-803, or by a local finance board or board of trustees of a trust established by one or more local public bodies to invest funds for post-retirement benefits other than pensions, acting pursuant to Article 8 (� 15.2-1544 et seq.) of Chapter 15 of Title 15.2, or by the board of visitors of the University of Virginia, acting pursuant to � 23.1-2210, or by the board of visitors of The College of William and Mary in Virginia, acting pursuant to � 23.1-2803, or by the Virginia College Savings Plan, acting pursuant to � 23.1-704, relating to the acquisition, holding, or disposition of a security or other ownership interest in an entity, where such security or ownership interest is not traded on a governmentally regulated securities exchange, if disclosure of such information would (i) reveal confidential analyses prepared for the board of visitors of the University of Virginia, prepared for the board of visitors of The College of William and Mary in Virginia, prepared by the retirement system, a local finance board or board of trustees, or the Virginia College Savings Plan, or provided to the retirement system, a local finance board or board of trustees, or the Virginia College Savings Plan under a promise of confidentiality of the future value of such ownership interest or the future financial performance of the entity and (ii) have an adverse effect on the value of the investment to be acquired, held, or disposed of by the retirement system, a local finance board or board of trustees, the board of visitors of the University of Virginia, the board of visitors of The College of William and Mary in Virginia, or the Virginia College Savings Plan. Nothing in this subdivision shall be construed to prevent the disclosure of information relating to the identity of any investment held, the amount invested, or the present value of such investment.

    13. Financial, medical, rehabilitative, and other personal information concerning applicants for or recipients of loan funds submitted to or maintained by the Assistive Technology Loan Fund Authority under Chapter 11 (� 51.5-53 et seq.) of Title 51.5.

    14. Information held by the Virginia Commonwealth University Health System Authority pertaining to any of the following: an individuals qualifications for or continued membership on its medical or teaching staffs; proprietary information gathered by or in the possession of the Authority from third parties pursuant to a promise of confidentiality; contract cost estimates prepared for confidential use in awarding contracts for construction or the purchase of goods or services; information of a proprietary nature produced or collected by or for the Authority or members of its medical or teaching staffs; financial statements not publicly available that may be filed with the Authority from third parties; the identity, accounts, or account status of any customer of the Authority; consulting or other reports paid for by the Authority to assist the Authority in connection with its strategic planning and goals; the determination of marketing and operational strategies where disclosure of such strategies would be harmful to the competitive position of the Authority; and information of a proprietary nature produced or collected by or for employees of the Authority, other than the Authoritys financial or administrative records, in the conduct of or as a result of study or research on medical, scientific, technical, or scholarly issues, whether sponsored by the Authority alone or in conjunction with a governmental body or a private concern, when such information has not been publicly released, published, copyrighted, or patented. This exclusion shall also apply when such information is in the possession of Virginia Commonwealth University.

    15. Information held by the Department of Environmental Quality, the State Water Control Board, the 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 information shall be disclosed after a proposed sanction resulting from the investigation has been proposed to the director of the agency. This subdivision shall not be construed to prevent the disclosure of information related to inspection reports, notices of violation, and documents detailing the nature of any environmental contamination that may have occurred or similar documents.

    16. Information related to the operation of toll facilities that identifies an individual, vehicle, or travel itinerary, including vehicle identification data or 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.

    17. Information held by the Virginia Lottery pertaining to (i) the social security number, tax identification number, state sales tax number, home address and telephone number, personal and lottery banking account and transit numbers of a retailer, and financial information regarding the nonlottery operations of specific retail locations and (ii) individual lottery winners, except that a winners name, hometown, and amount won shall be disclosed. If the value of the prize won by the winner exceeds $10 million, the information described in clause (ii) shall not be disclosed unless the winner consents in writing to such disclosure.

    18. Information held by the Board for Branch Pilots relating to the chemical or drug testing of a person regulated by the Board, where such person has tested negative or has not been the subject of a disciplinary action by the Board for a positive test result.

    19. (Effective until October 1, 2019) Information pertaining to the planning, scheduling, and performance of examinations of holder records pursuant to the Uniform Disposition of Unclaimed Property Act (� 55-210.1 et seq.) prepared by or for the State Treasurer or his agents or employees or persons employed to perform an audit or examination of holder records.

    19. (Effective October 1, 2019) Information pertaining to the planning, scheduling, and performance of examinations of holder records pursuant to the Virginia Disposition of Unclaimed Property Act (� 55.1-2500 et seq.) prepared by or for the State Treasurer or his agents or employees or persons employed to perform an audit or examination of holder records.

    20. Information held by the Virginia Department of Emergency Management or a local governing body relating to citizen emergency response teams established pursuant to an ordinance of a local governing body that reveal the name, address, including e-mail address, telephone or pager numbers, or operating schedule of an individual participant in the program.

    21. Information held by state or local park and recreation departments and local and regional park authorities concerning identifiable individuals under the age of 18 years. However, nothing in this subdivision shall operate to prevent the disclosure of information defined as directory information under regulations implementing the Family Educational Rights and Privacy Act, 20 U.S.C. � 1232g, unless the public body has undertaken the parental notification and opt-out requirements provided by such regulations. Access shall not be denied to the parent, including a noncustodial parent, or guardian of such person, unless the parents parental rights have been terminated or a court of competent jurisdiction has restricted or denied such access. For such information of persons who are emancipated, the right of access may be asserted by the subject thereof. Any parent or emancipated person who is the subject of the information may waive, in writing, the protections afforded by this subdivision. If the protections are so waived, the public body shall open such information for inspection and copying.

    22. Information submitted for inclusion in the Statewide Alert Network administered by the Department of Emergency Management that reveal names, physical addresses, email addresses, computer or internet protocol information, telephone numbers, pager numbers, other wireless or portable communications device information, or operating schedules of individuals or agencies, where the release of such information would compromise the security of the Statewide Alert Network or individuals participating in the Statewide Alert Network.

    23. Information held by the Judicial Inquiry and Review Commission made confidential by � 17.1-913.

    24. Information held by the Virginia Retirement System acting pursuant to � 51.1-124.30, a local retirement system acting pursuant to � 51.1-803 (hereinafter collectively referred to as the retirement system), or the Virginia College Savings Plan, acting pursuant to � 23.1-704 relating to:

    a. Internal deliberations of or decisions by the retirement system or the Virginia College Savings Plan on the pursuit of particular investment strategies, or the selection or termination of investment managers, prior to the execution of such investment strategies or the selection or termination of such managers, if disclosure of such information would have an adverse impact on the financial interest of the retirement system or the Virginia College Savings Plan; and

    b. Trade secrets provided by a private entity to the retirement system or the Virginia College Savings Plan if disclosure of such records would have an adverse impact on the financial interest of the retirement system or the Virginia College Savings Plan.

    For the records specified in subdivision b to be excluded from the provisions of this chapter, the entity shall make a written request to the retirement system or the Virginia College Savings Plan:

    (1) Invoking such exclusion prior to or upon submission of the data or other materials for which protection from disclosure is sought;

    (2) Identifying with specificity the data or other materials for which protection is sought; and

    (3) Stating the reasons why protection is necessary.

    The retirement system or the Virginia College Savings Plan shall determine whether the requested exclusion from disclosure meets the requirements set forth in subdivision b.

    Nothing in this subdivision shall be construed to prevent the disclosure of the identity or amount of any investment held or the present value and performance of all asset classes and subclasses.

    25. Information held by the Department of Corrections made confidential by � 53.1-233.

    26. Information maintained by the Department of the Treasury or participants in the Local Government Investment Pool (� 2.2-4600 et seq.) and required to be provided by such participants to the Department to establish accounts in accordance with � 2.2-4602.

    27. Personal information, as defined in � 2.2-3801, contained in the Veterans Care Center Resident Trust Funds concerning residents or patients of the Department of Veterans Services Care Centers, except that access shall not be denied to the person who is the subject of the information.

    28. Information maintained in connection with fundraising activities by the Veterans Services Foundation pursuant to � 2.2-2716 that reveal the address, electronic mail address, facsimile or telephone number, social security number or other identification number appearing on a drivers license, or credit card or bank account data of identifiable donors, except that access shall not be denied to the person who is the subject of the information. Nothing in this subdivision, however, shall be construed to prevent the disclosure of information relating to the amount, date, purpose, and terms of the pledge or donation or the identity of the donor, unless the donor has requested anonymity in connection with or as a condition of making a pledge or donation. The exclusion provided by this subdivision shall not apply to protect from disclosure (i) the identities of sponsors providing grants to or contracting with the foundation for the performance of services or other work or (ii) the terms and conditions of such grants or contracts.

    29. Information prepared for and utilized by the Commonwealths Attorneys Services Council in the training of state prosecutors or law-enforcement personnel, where such information is not otherwise available to the public and the disclosure of such information would reveal confidential strategies, methods, or procedures to be employed in law-enforcement activities or materials created for the investigation and prosecution of a criminal case.

    30. Information provided to the Department of Aviation by other entities of the Commonwealth in connection with the operation of aircraft where the information would not be subject to disclosure by the entity providing the information. The entity providing the information to the Department of Aviation shall identify the specific information to be protected and the applicable provision of this chapter that excludes the information from mandatory disclosure.

    31. Information created or maintained by or on the behalf of the judicial performance evaluation program related to an evaluation of any individual justice or judge made confidential by � 17.1-100.

    32. Information reflecting the substance of meetings in which (i) individual sexual assault cases are discussed by any sexual assault response team established pursuant to � 15.2-1627.4, (ii) individual child abuse or neglect cases or sex offenses involving a child are discussed by multidisciplinary child sexual abuse response teams established pursuant to � 15.2-1627.5, or (iii) individual cases of abuse, neglect, or exploitation of adults as defined in � 63.2-1603 are discussed by multidisciplinary teams established pursuant to �� 15.2-1627.5 and 63.2-1605. The findings of any such team may be disclosed or published in statistical or other aggregated form that does not disclose the identity of specific individuals.

    33. Information contained in the strategic plan, marketing plan, or operational plan prepared by the Virginia Economic Development Partnership Authority pursuant to � 2.2-2237.1 regarding target companies, specific allocation of resources and staff for marketing activities, and specific marketing activities that would reveal to the Commonwealths competitors for economic development projects the strategies intended to be deployed by the Commonwealth, thereby adversely affecting the financial interest of the Commonwealth. The executive summaries of the strategic plan, marketing plan, and operational plan shall not be redacted or withheld pursuant to this subdivision.

    34. Information discussed in a closed session of the Physical Therapy Compact Commission or the Executive Board or other committees of the Commission for purposes set forth in subsection E of � 54.1-3491.

    35. Information created or maintained on behalf of judicial officers, as described in subdivision A 8 of � 2.2-3703, related to their deliberations and correspondence on specific cases. Nothing in this subdivision shall be construed to prevent the disclosure of aggregated case information.

    17.1-315. Duties of Executive Secretary.

    The Executive Secretary to the Supreme Court shall have the following duties:

    1. He shall be the Secretary of the Judicial Council;

    2. He shall be the Secretary of the Judicial Conference;

    3. He shall assist the Chief Justice and the Supreme Court in the administration of the judicial branch of the government to the end that litigation may be expedited and the administration of justice improved in the courts of the Commonwealth; and

    4. He shall be custodian of records of administrative functions performed by persons employed by him or acting under his direction and of aggregated data regarding Virginia courts that may be obtained from systems maintained by his office; and

    5. He shall have such other duties as may be required of him by the Chief Justice or by the Supreme Court in the performance of the administrative functions of that Court.

    2. That the Supreme Court of Virginia shall revise the rules of practice and procedure as necessary to comply with the provisions of this act.

    Picture Name From Date Type
    Michael P. Mullin D-Richmond Sponsor
    Danica A. Roem D-Richmond Cosponsor
    Date Branch Action
    01/23/2020 House House: Assigned Courts sub: Civil
    01/21/2020 House House: Referred to Committee for Courts of Justice
    01/17/2020 House House: Assigned GL sub: Open Government/Procurement
    01/06/2020 House House: Prefiled and ordered printed; offered 01/08/20 20101929D
    01/06/2020 House House: Referred to Committee on General Laws
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Wiki




    Start Description.
    Provides that for the purposes of the provisions of the Virginia Freedom of Information Act that are applicable to access to public records, the Office of Executive Secretary to the Supreme Court shall be considered a public body and, except as otherwise expressly provided by law, shall have the same obligations to disclose public records as other custodians of public records. The bill clarifies that the public records provisions of the Freedom of Information Act do not apply to jud
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Supreme Court
    1-315 of the Code of Virginia, relating to the Virginia Freedom of Information Act; applicability to certain records of the Office of Executive Secretary and judicial officers; duties of Executive Secretary to the Supreme Court

    Virginia
    1-315 of the Code of Virginia, relating to the Virginia Freedom of Information Act; applicability to certain records of the Office of Executive Secretary and judicial officers; duties of Executive Secretary to the Supreme Court


    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type