HB 2156 — Behavioral Health Commission; agency assistance, access Commission records.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E668 An Act to amend and reenact §§ 2.2-3705.3 and 30-408 of the Code of Virginia, relating to Behavioral Health Commission;

information and assistance from state agencies and political subdivisionsRsubdivisions. O [H 2156] Approved L L Be it enacted by the General Assembly of Virginia:

[H 2156] Approved March 26, 2023 Be it enacted by the General Assembly of Virginia:

E § 2.2-3705.3.

records relating to administrative Dinvestigations. 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 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.

Information relating to investigations of applicants for licenses and permits, and of all licensees and permittees, made by or submitted to the Virginia Alcoholic Beverage Control Authority, the Virginia Lottery pursuant to Chapter 40 (§ 58.1-4000 et seq.) and Chapter 41 (§ 58.1-4100 et seq.) of TiHleTitle 58.1, the Virginia Racing Commission, the Department of Agriculture and Consumer Services relating to2to 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.rServices. 8 5f Title 2.

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However, nothing in this subdivision shall prevent the disclosure of information 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.rginginvestigation. parties, persons 4.

4.

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.

All studies and investigations referred to under clauses (iii), (iv), and (v) shall be open to inspection and copying upon completion of the7.the study or investigation.

7.

(vi) the committee or the auditor with therespect localto governing body of any county, city, or town or a school board, who by charter, ordinance, ord by statute have responsibility for conducting an investigation of any officer, department, or programaudit ofconducted suchpursuant ofto 3§ body;15.2-825;

or (vii) the auditors, appointed by the local governing body of any county, city, or town or a school board, who by charter, ordinance, or statute have responsibility for conducting an investigation of any officer, department, or program of such body;

Information contained in completed investigations shall be disclosed in a form that does not reveal the identity of the complainants or persons supplying of 2 information to investigators.

of 3 Upon request and availability, the Commission shall receive access to the facilities of and ample opportunity to observe the operations of every department, division, board, bureau, commission, authority, or other agency created by the Commonwealth or to which the Commonwealth is a party or of any political subdivision of the Commonwealth.

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