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VIRGINIA 2003 SESSION
CHAPTER 704
HOUSE BILL 2211
(as amended)
2003 Va. ALS 704; 2003 Va. Acts 704; 2003 Va. Ch. 704; 2002 Va. HB 2211
SYNOPSIS: An Act to amend and reenact Section 2.2-3705 of the Code of Virginia, relating to the Freedom of Information Act; critical infrastructure and vulnerability assessments.
Be it enacted by the General Assembly of Virginia:
[*1] 1. That Section 2.2-3705 of the Code of Virginia is amended and reenacted as follows:
Section 2.2-3705. Exclusions to application of chapter.
A. The following records are excluded from the provisions of this chapter
but may be disclosed by the custodian in his discretion, except where such
disclosure is prohibited by law:
[…]
56. Confidential proprietary records that are voluntarily provided by a private
entity pursuant to a proposal filed with a public entity or an affected local
jurisdiction under the Public-Private Transportation Act of 1995 (Section
56-556 et seq.) or the Public-Private Education Facilities and Infrastructure
Act of 2002 (Section 56-575.1 et seq.), pursuant to a promise of confidentiality
from the responsible public entity or affected local jurisdiction, used by
the responsible public entity or affected local jurisdiction for purposes
related to the development of a qualifying transportation facility or qualifying
project; and memoranda, working papers or other records related to proposals
filed under the Public-Private Transportation Act of 1995 or the Public-Private
Education Facilities and Infrastructure Act of 2002, where, if such records
were made public, the financial interest of the public or private entity involved
with such proposal or the process of competition or bargaining would be adversely
affected. In order for confidential proprietary information to be excluded
from the provisions of this chapter, the private entity shall (i) invoke such
exclusion upon submission of the data or other materials for which protection
from disclosure is sought, (ii) identify the data or other materials for which
protection is sought, and (iii) state the reasons why protection is necessary.
For the purposes of this subdivision, the terms "affected local jurisdiction",
"public entity" and "private entity" shall be defined
as they are defined in the Public-Private Transportation Act of 1995 or in
the Public-Private Education Facilities and Infrastructure Act of 2002.
57. Plans [and information] to prevent or respond to terrorist activity, the disclosure of which would jeopardize the safety of ANY PERSON, INCLUDING (I) CRITICAL INFRASTRUCTURE SECTOR OR STRUCTURAL COMPONENTS; (II) VULNERABILITY ASSESSMENTS, OPERATIONAL, PROCEDURAL, TRANSPORTATION, AND TACTICAL PLANNING OR TRAINING MANUALS, AND STAFF MEETING MINUTES OR OTHER RECORDS; AND (III) ENGINEERING OR ARCHITECTURAL RECORDS, OR RECORDS CONTAINING INFORMATION DERIVED FROM SUCH RECORDS, TO THE EXTENT SUCH RECORDS REVEAL THE LOCATION OR OPERATION OF SECURITY EQUIPMENT AND SYSTEMS, ELEVATORS, VENTILATION, FIRE PROTECTION, EMERGENCY, ELECTRICAL, TELECOMMUNICATIONS OR UTILITY EQUIPMENT AND SYSTEMS OF ANY PUBLIC BUILDING, STRUCTURE OR INFORMATION STORAGE FACILITY .
THE SAME CATEGORIES OF RECORDS OF ANY GOVERNMENTAL OR NONGOVERNMENTAL PERSON OR ENTITY SUBMITTED TO A PUBLIC BODY FOR THE PURPOSE OF ANTITERRORISM RESPONSE PLANNING MAY BE WITHHELD FROM DISCLOSURE IF SUCH PERSON OR ENTITY IN WRITING (A) INVOKES THE PROTECTIONS OF THIS SUBDIVISION, (B) IDENTIFIES WITH SPECIFICITY THE RECORDS OR PORTIONS THEREOF FOR WHICH PROTECTION IS SOUGHT, AND (C) STATES WITH REASONABLE PARTICULARITY WHY THE PROTECTION OF SUCH RECORDS FROM PUBLIC DISCLOSURE IS NECESSARY TO MEET THE OBJECTIVE OF ANTITERRORISM PLANNING OR PROTECTION. SUCH STATEMENT SHALL BE A PUBLIC RECORD AND SHALL BE DISCLOSED UPON REQUEST. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT THE DISCLOSURE OF RECORDS RELATING TO THE STRUCTURAL OR ENVIRONMENTAL SOUNDNESS OF ANY BUILDING, NOR SHALL IT PREVENT THE DISCLOSURE OF INFORMATION RELATING TO ANY BUILDING IN CONNECTION WITH AN INQUIRY INTO THE PERFORMANCE OF THAT BUILDING AFTER IT HAS BEEN SUBJECTED TO FIRE, EXPLOSION, NATURAL DISASTER OR OTHER CATASTROPHIC EVENT.
HISTORY:
Approved by the Governor on March 19, 2003
SPONSOR:
Jones S
CHAPTER 848
HOUSE BILL 2210
2003 Va. ALS 848; 2003 Va. Acts 848; 2003 Va. Ch. 848; 2002 Va. HB 2210
SYNOPSIS: An Act to amend and reenact Section 44-146.22 of the Code of Virginia,
relating to emergency services and disaster law; release of records.
[…]
B. THE GOVERNOR OR AGENCIES ACTING ON HIS BEHALF MAY RECEIVE INFORMATION,
VOLUNTARILY SUBMITTED FROM BOTH PUBLIC AND NONPUBLIC ENTITIES, RELATED TO
THE PROTECTION OF THE NATION'S CRITICAL INFRASTRUCTURE SECTORS AND COMPONENTS
THAT ARE LOCATED IN VIRGINIA OR AFFECT THE HEALTH, SAFETY, AND WELFARE OF
THE CITIZENS OF VIRGINIA. INFORMATION SUBMITTED BY ANY PUBLIC OR NONPUBLIC
ENTITY IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN SUBDIVISION A 57 OF
SECTION 2.2-3705 SHALL NOT BE DISCLOSED UNLESS:
1. IT IS REQUESTED BY LAW-ENFORCEMENT AUTHORITIES IN FURTHERANCE OF AN OFFICIAL
INVESTIGATION OR THE PROSECUTION OF A
CRIMINAL ACT;
2. THE AGENCY HOLDING THE RECORD IS SERVED WITH A PROPER JUDICIAL ORDER; OR
3. THE AGENCY HOLDING THE RECORD HAS OBTAINED THE WRITTEN CONSENT TO RELEASE
THE INFORMATION FROM THE ENTITY VOLUNTARILY SUBMITTING IT.
HISTORY:
Approved by the Governor on March 22, 2003
SPONSOR:
Jones S