HB 970 — Public agencies; exclusion from mandatory disclosure, privacy of personal information, penalty.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E525 An Act to amend and reenact §§ 2.2-3705.1 and 2.2-3808 of the Code of Virginia, relating to public agencies;

R O [H 970] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:

That §§ 2.2-3705.1 and 2.2-3808 of the Code of Virginia are amended and reenacted as followsEfollows: § 2.2-3705.1.

§ 2.2-3705.1.

exclusions of general application to pubDic bodThe following information contained in a public recordbodies. 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.

RedactionThe offollowing information excludedcontained underin thisa sectionpublic record is excluded from athe publicmandatory recorddisclosure shallprovisions of this chapter but may be conducteddisclosed by the custodian in accordancehis withdiscretion, §except 2.2-3704.01.where such disclosure is prohibited by law.

1.Redaction of information excluded under this section from a public rec1.

If tHethe protections are so waived, such information shall be disclosed.

Nothing in this subdivision sha9lshall be appointedconstrued byto authorize the Governorwithholding pursuantof toany §resumes 2.2-106 or 2.2-107.plicationsapplications submitted by persons who 0reare Noappointed provisionby ofthe thisGovernor chapterpursuant or any provision of Chapter 38 (§ 2.2-3800 et seq.) shall be construed as denying public access to (i)§ contracts2.2-106 between a public body and its officers or employees,2.2-107. other than contracts settling public employee employment disputes held confidential as personnel records under § 2.2-3705.1;

No provision of this chapter or any provision of Chapter 38 (§ 2.2-3800 et seq.) shall be construed as denying public access to (i) contracts between a public body and its officers or employees, other than contracts settling public employee employment disputes held confidential as personnel records under § 2.2-3705.1;

The provisions of this subdivision, however, shall not raterequire ofpublic payaccess isto $10,000records or less.s of the official salaries or rates of pay of public employees whose annual 2.rate of pay is $10,000 or less.

2.

Any test or examination used, administered or prepared by any public body for purposes of evaluation of (i) any student or any student's performance, (ii) any employee or employment seeker's qualifications or certificateaptitude issuedfor byemployment, a public body.nt, retention, or promotion, or (iii) qualifications for any license As used in this subdivision, "test or examination"certificate shallissued includeby (a)a anypublic scoringbody. key for any such test or examination and (b) any other document that would jeopardize the security of the test or examination.

As used in this subdivision, "test or examination" shall include (a) any scoring key for any such test or examination and (b) any other document that would jeopardize the security of the test or examination.

When, in the reasonable opinion of such public body, any such test or examination no longer has any potential for future use, and the security of future tests or examinations will not be jeopardized, the test or examination shall be made available to the public.

However, minimum competency tests administeredtheadministered test to public school children shall be made available to the public contemporaneously with statewide release of the scores of those taking such tests, but in no event shall such tests be made available to the public later than six months after the administration of such tests.

For the purpose of this subdivision, "vendor proprietary information software" means computer programs acquired from a vendor for purposes of processing data for agencies or political subdivisions of the Commonwealth.

of 3 7.

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of 3 C.

Any agency-issued identification card, student identification card, or license certificate that was issued prior to July 1, 2003, and that displays an individual's entire social security number sEallshall be replaced no later than July 1, 2006, except that voter registration cards issued with a social security number and not previously replaced shall be replaced no later than the December 31st following theuritythe completion by the state and all localities of the decennial redistricting following the 2010 census.

This of 3 subsection shall not apply to (i) driver's licenses and special identification cards issued by the Department of Motor Vehicles pursuant to Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 and (ii) Ooadroad tax registrations issued pursuant to § 46.2-703.

L D.

No agency, as defined in § 42.1-77, shall send or deliver or cause to be sent or delivered, any letter, envelope, or package that displays a social security number on the face of the mailing envelope or package or from which a social security number is visible, whether on the outside or inside of theelopethe or mailing envelope or package.

E E.

Commencing with the date of such implementation, the licenses issued by the State Corporation Further,Commission's allBureau licenses issued prior to the date of suchInsurance implementation shall be replacedissued noin latercompliance thanwith 12subsection monthsA following the date of suchthis implementation;section.

Further, all licenses issued prior to the date of such implementation shall be replaced no later than 12 months following the date of such implementation;

Any lawful request for discovery of personal donor information in litigation if (i) the rHquesterrequester demonstrates a compelling need for the personal donor information by clear and convincing evide9ceevidence and (ii) the requester obtains a protective order barring disclosure of personal donor informat0oninformation to any partnership,person corporation,not association,directly governmentalinvolved entity,in orthe otherlitigation. legal entity;on" means an Rndividual, 4.

As used in this subdivision, "person" means an individual, partnership, corporation, association, governmental entity, or other legal entity;

4.

A person alleging a violation of this section may bring a civil action for appropriate injunctive orrelief. a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the all complainant.

A court rendering judgment in favor of a complainant pursuant to this subsection shall award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant.

forI. the purpose of directly or indirectly identifying an individual as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax pursuant to § 501(c) of the Internal Revenue Code.

As used in this section, "personal donor information" means names and data of any kind collected for the purpose of directly or indirectly identifying an individual as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax pursuant to § 501(c) of the Internal Revenue Code.