SB1061: Government Data Collection and Dissemination Practices Act; exemption for sheriff's departments.
Be it enacted by the General Assembly of Virginia:
1. That § 2.2-3802 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-3802. Systems to which chapter inapplicable.
The provisions of this chapter shall not apply to personal information systems:
1. Maintained by any court of the Commonwealth;
2. Which may exist in publications of general circulation;
3. Contained in the Criminal Justice Information System as defined in §§ 9.1-126 through 9.1-137 or in the Sex Offender and Crimes Against Minors Registry maintained by the Department of State Police pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, except to the extent that information is required to be posted on the Internet pursuant to § 9.1-913;
4. Contained in the Virginia Juvenile Justice Information System as defined in §§ 16.1-222 through 16.1-225;
5. Maintained by agencies concerning persons required by law to be licensed in the Commonwealth to engage in the practice of any profession, in which case the names and addresses of persons applying for or possessing the license may be disseminated upon written request to a person engaged in the profession or business of offering professional educational materials or courses for the sole purpose of providing the licensees or applicants for licenses with informational materials relating solely to available professional educational materials or courses, provided the disseminating agency is reasonably assured that the use of the information will be so limited;
6. (Effective until July 1, 2018) Maintained by the Parole Board, the Crime Commission, the Judicial Inquiry and Review Commission, the Virginia Racing Commission, and the Department of Alcoholic Beverage Control;
6. (Effective July 1, 2018) Maintained by the Parole Board, the Crime Commission, the Judicial Inquiry and Review Commission, the Virginia Racing Commission, and the Virginia Alcoholic Beverage Control Authority;
7. Maintained by the any of the following and that
deal with investigations and intelligence gathering related to criminal
activity:
a. The Department of State Police; the
b. The police department of the Chesapeake Bay Bridge
and Tunnel Commission; police
c. Police departments of cities, counties, and towns;
and the campus
d. Sheriff's departments of counties and cities; and
e. Campus police departments of public institutions of
higher education as established by Article 3 (§ 23.1-809 et seq.) of Chapter 8
of Title 23.1, and that deal with investigations and intelligence gathering
relating to criminal activity; and maintained
8. Maintained by local departments of social services regarding alleged cases of child abuse or neglect while such cases are also subject to an ongoing criminal prosecution;
8. 9. Maintained by the Virginia Port Authority
as provided in § 62.1-132.4 or 62.1-134.1;
9. 10. Maintained by the Virginia Tourism
Authority in connection with or as a result of the promotion of travel or
tourism in the Commonwealth, in which case names and addresses of persons
requesting information on those subjects may be disseminated upon written
request to a person engaged in the business of providing travel services or
distributing travel information, provided the Virginia Tourism Authority is
reasonably assured that the use of the information will be so limited;
10. 11. Maintained by the Division of
Consolidated Laboratory Services of the Department of General Services and the Department
of Forensic Science, which deal with scientific investigations relating to
criminal activity or suspected criminal activity, except to the extent that §
9.1-1104 may apply;
11. 12. Maintained by the Department of
Corrections or the Office of the State Inspector General that deal with
investigations and intelligence gathering by persons acting under the
provisions of Chapter 3.2 (§ 2.2-307 et seq.);
12. 13. Maintained by (i) the Office of the
State Inspector General or internal audit departments of state agencies or
institutions that deal with communications and investigations relating to the
Fraud, Waste and Abuse Hotline or (ii) an auditor appointed by the local
governing body of any county, city, or town or a school board that deals with
local investigations required by § 15.2-2511.2;
13. 14. Maintained by the Department of Social
Services or any local department of social services relating to public
assistance fraud investigations; and
14. 15. Maintained by the Department of Social
Services related to child welfare, adult services or adult protective services,
or public assistance programs when requests for personal information are made
to the Department of Social Services. Requests for information from these
systems shall be made to the appropriate local department of social services,
which is the custodian of that record. Notwithstanding the language in this
section, an individual shall not be prohibited from obtaining information from
the central registry in accordance with the provisions of § 63.2-1515.
2. That an emergency exists and this act is in force from its passage.
Be it enacted by the General Assembly of Virginia:
1. That § 2.2-3802 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-3802. Systems to which chapter inapplicable.
The provisions of this chapter shall not apply to personal information systems:
1. Maintained by any court of the Commonwealth;
2. Which may exist in publications of general circulation;
3. Contained in the Criminal Justice Information System as defined in §§ 9.1-126 through 9.1-137 or in the Sex Offender and Crimes Against Minors Registry maintained by the Department of State Police pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, except to the extent that information is required to be posted on the Internet pursuant to § 9.1-913;
4. Contained in the Virginia Juvenile Justice Information System as defined in §§ 16.1-222 through 16.1-225;
5. Maintained by agencies concerning persons required by law to be licensed in the Commonwealth to engage in the practice of any profession, in which case the names and addresses of persons applying for or possessing the license may be disseminated upon written request to a person engaged in the profession or business of offering professional educational materials or courses for the sole purpose of providing the licensees or applicants for licenses with informational materials relating solely to available professional educational materials or courses, provided the disseminating agency is reasonably assured that the use of the information will be so limited;
6. (Effective until July 1, 2018) Maintained by the Parole Board, the Crime Commission, the Judicial Inquiry and Review Commission, the Virginia Racing Commission, and the Department of Alcoholic Beverage Control;
6. (Effective July 1, 2018) Maintained by the Parole Board, the Crime Commission, the Judicial Inquiry and Review Commission, the Virginia Racing Commission, and the Virginia Alcoholic Beverage Control Authority;
7. Maintained by the any of the following and that
deal with investigations and intelligence gathering related to criminal
activity:
a. The Department of State Police; the
b. The police department of the Chesapeake Bay Bridge
and Tunnel Commission; police
c. Police departments of cities, counties, and towns;
and the campus
d. Sheriff's departments of counties and cities; and
e. Campus police departments of public institutions of
higher education as established by Article 3 (§ 23.1-809 et seq.) of Chapter 8 of
Title 23.1, and that deal with investigations and intelligence gathering
relating to criminal activity; and maintained
8. Maintained by local departments of social services regarding alleged cases of child abuse or neglect while such cases are also subject to an ongoing criminal prosecution;
8. 9. Maintained by the Virginia Port Authority
as provided in § 62.1-132.4 or 62.1-134.1;
9. 10. Maintained by the Virginia Tourism
Authority in connection with or as a result of the promotion of travel or tourism
in the Commonwealth, in which case names and addresses of persons requesting
information on those subjects may be disseminated upon written request to a
person engaged in the business of providing travel services or distributing
travel information, provided the Virginia Tourism Authority is reasonably
assured that the use of the information will be so limited;
10. 11. Maintained by the Division of
Consolidated Laboratory Services of the Department of General Services and the
Department of Forensic Science, which deal with scientific investigations
relating to criminal activity or suspected criminal activity, except to the
extent that § 9.1-1104 may apply;
11. 12. Maintained by the Department of
Corrections or the Office of the State Inspector General that deal with
investigations and intelligence gathering by persons acting under the
provisions of Chapter 3.2 (§ 2.2-307 et seq.);
12. 13. Maintained by (i) the Office of the
State Inspector General or internal audit departments of state agencies or institutions
that deal with communications and investigations relating to the Fraud, Waste
and Abuse Hotline or (ii) an auditor appointed by the local governing body of
any county, city, or town or a school board that deals with local
investigations required by § 15.2-2511.2;
13. 14. Maintained by the Department of Social
Services or any local department of social services relating to public
assistance fraud investigations; and
14. 15. Maintained by the Department of Social
Services related to child welfare, adult services or adult protective services,
or public assistance programs when requests for personal information are made
to the Department of Social Services. Requests for information from these
systems shall be made to the appropriate local department of social services,
which is the custodian of that record. Notwithstanding the language in this
section, an individual shall not be prohibited from obtaining information from
the central registry in accordance with the provisions of § 63.2-1515.
2. That an emergency exists and this act is in force from its passage.
Be it enacted by the General Assembly of Virginia:
1. That § 2.2-3802 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-3802. Systems to which chapter inapplicable.
The provisions of this chapter shall not apply to personal information systems:
1. Maintained by any court of the Commonwealth;
2. Which may exist in publications of general circulation;
3. Contained in the Criminal Justice Information System as defined in §§ 9.1-126 through 9.1-137 or in the Sex Offender and Crimes Against Minors Registry maintained by the Department of State Police pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, except to the extent that information is required to be posted on the Internet pursuant to § 9.1-913;
4. Contained in the Virginia Juvenile Justice Information System as defined in §§ 16.1-222 through 16.1-225;
5. Maintained by agencies concerning persons required by law to be licensed in the Commonwealth to engage in the practice of any profession, in which case the names and addresses of persons applying for or possessing the license may be disseminated upon written request to a person engaged in the profession or business of offering professional educational materials or courses for the sole purpose of providing the licensees or applicants for licenses with informational materials relating solely to available professional educational materials or courses, provided the disseminating agency is reasonably assured that the use of the information will be so limited;
6. (Effective until July 1, 2018) Maintained by the Parole Board, the Crime Commission, the Judicial Inquiry and Review Commission, the Virginia Racing Commission, and the Department of Alcoholic Beverage Control;
6. (Effective July 1, 2018) Maintained by the Parole Board, the Crime Commission, the Judicial Inquiry and Review Commission, the Virginia Racing Commission, and the Virginia Alcoholic Beverage Control Authority;
7. Maintained by the any of the following [ and
that deal with investigations and intelligence gathering related to criminal
activity ] :
a. The Department of State Police; the
b. The police department of the Chesapeake Bay Bridge
and Tunnel Commission; police
c. Police departments of cities, counties, and towns;
and the campus
d. Sheriff's departments of counties and cities; and
e. Campus police departments of public institutions of
higher education as established by Article 3 (§ 23.1-809 et seq.) of Chapter 8
of Title 23.1 [ ,
and that deal with investigations and intelligence gathering relating to
criminal activity ] ;, and that deal with investigations and
intelligence gathering relating to criminal activity and maintained
8. Maintained by local departments of social services regarding alleged cases of child abuse or neglect while such cases are also subject to an ongoing criminal prosecution;
8. 9. Maintained by the Virginia Port Authority
as provided in § 62.1-132.4 or 62.1-134.1;
9. 10. Maintained by the Virginia Tourism
Authority in connection with or as a result of the promotion of travel or
tourism in the Commonwealth, in which case names and addresses of persons
requesting information on those subjects may be disseminated upon written
request to a person engaged in the business of providing travel services or
distributing travel information, provided the Virginia Tourism Authority is
reasonably assured that the use of the information will be so limited;
10. 11. Maintained by the Division of
Consolidated Laboratory Services of the Department of General Services and the
Department of Forensic Science, which deal with scientific investigations
relating to criminal activity or suspected criminal activity, except to the
extent that § 9.1-1104 may apply;
11. 12. Maintained by the Department of
Corrections or the Office of the State Inspector General that deal with
investigations and intelligence gathering by persons acting under the
provisions of Chapter 3.2 (§ 2.2-307 et seq.);
12. 13. Maintained by (i) the Office of the
State Inspector General or internal audit departments of state agencies or institutions
that deal with communications and investigations relating to the Fraud, Waste
and Abuse Hotline or (ii) an auditor appointed by the local governing body of
any county, city, or town or a school board that deals with local
investigations required by § 15.2-2511.2;
13. 14. Maintained by the Department of Social
Services or any local department of social services relating to public
assistance fraud investigations; and
14. 15. Maintained by the Department of Social
Services related to child welfare, adult services or adult protective services,
or public assistance programs when requests for personal information are made
to the Department of Social Services. Requests for information from these
systems shall be made to the appropriate local department of social services,
which is the custodian of that record. Notwithstanding the language in this
section, an individual shall not be prohibited from obtaining information from
the central registry in accordance with the provisions of § 63.2-1515.
SENATE BILL NO. 1061
Be it enacted by the General Assembly of Virginia:
1. That § 2.2-3802 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-3802. Systems to which chapter inapplicable.
The provisions of this chapter shall not apply to personal information systems:
1. Maintained by any court of the Commonwealth;
2. Which may exist in publications of general circulation;
3. Contained in the Criminal Justice Information System as defined in §§ 9.1-126 through 9.1-137 or in the Sex Offender and Crimes Against Minors Registry maintained by the Department of State Police pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, except to the extent that information is required to be posted on the Internet pursuant to § 9.1-913;
4. Contained in the Virginia Juvenile Justice Information System as defined in §§ 16.1-222 through 16.1-225;
5. Maintained by agencies concerning persons required by law to be licensed in the Commonwealth to engage in the practice of any profession, in which case the names and addresses of persons applying for or possessing the license may be disseminated upon written request to a person engaged in the profession or business of offering professional educational materials or courses for the sole purpose of providing the licensees or applicants for licenses with informational materials relating solely to available professional educational materials or courses, provided the disseminating agency is reasonably assured that the use of the information will be so limited;
6. (Effective until July 1, 2018) Maintained by the Parole Board, the Crime Commission, the Judicial Inquiry and Review Commission, the Virginia Racing Commission, and the Department of Alcoholic Beverage Control;
6. (Effective July 1, 2018) Maintained by the Parole Board, the Crime Commission, the Judicial Inquiry and Review Commission, the Virginia Racing Commission, and the Virginia Alcoholic Beverage Control Authority;
7. Maintained by the any of the following
and that deal with investigations and intelligence gathering related to criminal
activity:
a. The
Department of State Police; the
b. The
police department of the Chesapeake Bay Bridge and Tunnel Commission; police
c. Police
departments of cities, counties, and towns; and
the campus
d. Sheriff's departments of counties and cities; and
e. Campus
police departments of public institutions of higher education as established by
Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1,
and that deal with investigations and intelligence gathering relating to
criminal activity; and maintained
8. Maintained by local departments of social services regarding alleged cases of child abuse or neglect while such cases are also subject to an ongoing criminal prosecution;
8. 9. Maintained by the Virginia
Port Authority as provided in § 62.1-132.4 or 62.1-134.1;
9. 10. Maintained by the Virginia
Tourism Authority in connection with or as a result of the promotion of travel
or tourism in the Commonwealth, in which case names and addresses of persons
requesting information on those subjects may be disseminated upon written
request to a person engaged in the business of providing travel services or
distributing travel information, provided the Virginia Tourism Authority is
reasonably assured that the use of the information will be so limited;
10. 11. Maintained by the Division
of Consolidated Laboratory Services of the Department of General Services and
the Department of Forensic Science, which deal with scientific investigations
relating to criminal activity or suspected criminal activity, except to the
extent that § 9.1-1104 may apply;
11. 12. Maintained by the
Department of Corrections or the Office of the State Inspector General that
deal with investigations and intelligence gathering by persons acting under the
provisions of Chapter 3.2 (§ 2.2-307 et seq.);
12. 13. Maintained by (i) the
Office of the State Inspector General or internal audit departments of state
agencies or institutions that deal with communications and investigations
relating to the Fraud, Waste and Abuse Hotline or (ii) an auditor appointed by
the local governing body of any county, city, or town or a school board that
deals with local investigations required by § 15.2-2511.2;
13. 14. Maintained by the
Department of Social Services or any local department of social services relating
to public assistance fraud investigations; and
14. 15. Maintained by the
Department of Social Services related to child welfare, adult services or adult
protective services, or public assistance programs when requests for personal
information are made to the Department of Social Services. Requests for
information from these systems shall be made to the appropriate local
department of social services, which is the custodian of that record.
Notwithstanding the language in this section, an individual shall not be
prohibited from obtaining information from the central registry in accordance
with the provisions of § 63.2-1515.