SB 200 — Virginia Freedom of Information Act; record exclusions, administrative investigations, etc.

SESSION INTRODUCEDENGROSSED 22101761D I SENATE BILL NO.

200 OfferedSenate JanuaryAmendments 12,in 2022[ N] - February 7, 2022 Prefiled January 10, 2022 T A BVirginiaBILL to amend and reenact §§ 2.2-3705.3 and 32.1-163.3 of the Code of Virginia, relating to the Virginia Freedom of Information Act;

onsitRonsite sewage complaints.

–––––––––– OPatron Patron––HashmiPrior Dto Engrossment––Senator Hashmi –––––––––– E Referred to Committee on General Laws and Technology UN –––––––––– C Be it enacted by the General Assembly of Virginia:

follows:§§G 2.2-3705.31. and 32.1-163.3 of the Code of Virginia are amended and reenacted as E § 2.2-3705.3.

That §§ 2.2-3705.3 and 32.1-163.3 of the Code of Virginia are amended and reenacted as R follows:

§ 2.2-3705.3.

records relating to administrative DO investigations.invThe 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 wherS such disclosure is prohibited by law.

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.

E 1.

Information relating to investigations of applicants for licenses and permits, and of allallDlicensees licenseesand permittees, made by or submitted to the Virginia Alcoholic Beverage Control Authority, the Virginia Lottery, the Virginia Racing Commission, the Department of Agriculture and Consumer Services relatingiarelating to investigations and applications pursuant to Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2, or the Private Security Services Unit of the Department of Criminal Justice Services.

0 2.

Records of active investigations being conducted by the Department of Health Professions or by anyany3. health regulatory board in the Commonwealth pursuant to § 54.1-108.

3.Investigator notes, and other correspondence and information, furnished in confidence with respect to an active investigation of individual employment discrimination complaints made to the DeparSment of Human Resource Management, to such personnel of any local public body, including local school boards, as are responsible for conducting such investigations in confidence, or to any public i0stitution of higher education.

InvestigatorHowever, notes,nothing andin otherthis correspondencesubdivision andshall information,prevent furnishedthe indisclosure confidenceof withinforEation respecttaken tofrom aninactive activereports investigationin ofa individualform employmentthat discriminationdoes complaintsnot madereveal to the Departmentidentity of Humancharging Resourceparties, Management,persons tosupplying suchthe personnelinformation, ofor anyother localindividuals publicinvolved body,in includingthe localinvestigation. school of higher education.

However, nothing in this subdivision shall prevent the disclosure of informationtion taken from inactive reports in a form that does not reveal the identity of charging parties, persons supplying the information, or other individuals involved in the investigation.

Records of active investigations being conducted by the Department of Medical Assistance :35 Services pursuant to Chapter 10 (§ 32.1-323 et seq.) of Title 32.1.

35to Servicesan pursuantinvestigation toor Chapterconciliation 10process involving an alleged unlawful discriminatory practice under 38 the Virginia Human Rights Act (§ 32.1-3232.2-3900 et seq.) ofor Titleunder 32.1.any local ordinance adopted in accordance 39 with the authority specified in § 2.2-524, or adopted pursuant to § 15.2-965, or adopted prior to July 1, 1987, in accordance with applicable law, relating to local human rights or human relations commissions.

36However, 5.nothing in this subdivision shall prevent the distribution of information taken from inactive reports in a form that does not reveal the identity of the parties involved or other persons supplying information.

Investigative notes and other correspondence and information furnished in confidence with respect 37 to an investigation or conciliation process involving an alleged unlawful discriminatory practice under 38 the Virginia Human Rights Act (§ 2.2-3900 et seq.) or under any local ordinance adopted in accordance 1987, in accordance with applicable law, relating to local human rights or human relations commissions.1, However, nothing in this subdivision shall prevent the distribution of information taken from inactive reports in a form that does not reveal the identity of the parties involved or other persons supplying information.

Information relating to studies and investigations by the Virginia Lottery of (i) lottery agents, (ii) lottery vendors, (iii) lottery crimes under §§ 58.1-4014 through 58.1-4018, (iv) defects in the law or regulations that cause abuses in the administration and operation of the lottery and any evasions of such provisions, or (v) the use of the lottery as a subterfuge for organized crime and illegal gambling wherewhereh referredsuch toinformation underhas clausesnot (iii),been (iv),publicly andreleased, (v)published shall be open to inspection and copying upon completion of the study or investigation.copyrighted.

All studies and investigations referred to under clauses (iii), (iv), and (v) shall be open to inspection and copying upon completion of the study or investigation.

(iv) the Office of the State Inspector General withinitiated respectpursuant to anChapter investigation3.2 initiated(§ through2.2-307 theet Fraud,seq.); Waste and Abuse Hotline or an investigation state agency or by any public institution of higher education;

(vi)(v) theinternal committeeauditors orappointed by the auditorhead with a SB200 2 of 3aon respectstate toagency an investigation or auditby conductedany pursuantpublic toinstitution §of 15.2-825;higher education;

(vi) the committee or the auditor with SB200E 2 of 3 respect to an investigation or audit conducted pursuant to § 15.2-825;

[ However, nothing in this subdivision shall prevent the release of information taken from inactive investigations so long as such information does not reveal the identity of the parties involved or other persons supplying information.

] § 32.1-163.3.

However, the identity of such person may be disclosed (i) to the Commissioner, the members of the Board and of 3 materials which are the subject of a request for information pursuant to the Virginia FIeedomFreedom ofed in subjectInformation ofAct, aChapter hearing37 conducted(§ by2.2-3700 theet Stateseq.) Healthof DepartmentTitle Sewage2.2; Handling and Disposal Appealthe Review Board;

or (iv) (iii) when the matter reported is the subjectReview ofBoard; litigation.

Tor (iv) (iii) when the matter reported is the subject of litigation.Disposal Appeal E N G R O DS US C E D 0B E