This bill still needs a lot of work. Since it does not specifically say it is limited to "living persons" it is not. Again, there is no such thing as "legislative intent" in Virginia. There is only the law. And, if it doesn't plainly say it, it doesn't do it. There is no definition of "historic" or "geneological" so those are purely open to interpretation by the official holding the record. Anyone with an interest in historical or genealogical research, who has tried to access old documents, can tell stories about that "can of worms." To answer your question, the Library of Virginia is a state agency under most official definitions, including the one that specifically applies to this bill. (There are many kinds of agencies. We know that the Library is "special" but the Code does not.) Because of where this new language is placed in the Code, the applicable definition is found in § 2.2-3801: "6. "Agency" means any agency, authority, board, department, division, commission, institution, bureau, or like governmental entity of the Commonwealth or of any unit of local government including counties, cities, towns and regional governments and the departments and including any entity, whether public or private, with which any of the foregoing has entered into a contractual relationship for the operation of a system of personal information to accomplish an agency function. Any such entity included in this definition by reason of a contractual relationship shall only be deemed an agency as relates to services performed pursuant to that contractual relationship, provided that if any such entity is a consumer reporting agency, it shall be deemed to have satisfied all of the requirements of this chapter if it fully complies with the requirements of the Federal Fair Credit Reporting Act as applicable to services performed pursuant to such contractual relationship." The only modification to this definition in the bill is that it applies only to "state agencies" not to local ones. This bill is premature. The legislative study which is looking at this issue has completed one year's work and it being continued to complete its work. Delegate Nixon, the patron of HB 2426 bill, understands this, as he is a member of that study. The study is taking a cautious approach, to balance all the competing needs and interests. Please note that the Chairman of that study, Delegate Devolites, opposed this bill on the floor and voted against it. If you wish your opinions to be heard on this bill, the next group to hear it will be the Senate Committee on General Laws -- http://leg1.state.va.us/cgi-bin/legp504.exe?031+com+S6 followed by the full Senate of Virginia (if it is reported by the committee) -- http://sov.state.va.us/SenatorDB.nsf/$$Viewtemplate%2Bfor%2BWSenateDistricts?OpenForm Rosie > > ---------------------------------------------------------------------------------------------------- > > Subject: [VAALBEMA] House bill 2426- new information > Date: Tue, 04 Feb 2003 02:32:41 +0000 > From: familytr@att.net > To: VAALBEMA-L@rootsweb.com <clipped> > > As you can see it does not mention in particular living persons though I am > sure that is whose rights they are trying to protect. > > I still need to check with LVA to see if this affects(though I doubt it) what > old info on our ancestors they have on the net. > > When they say state agency though I believe they mean actual agencies of the > state like DMV, health department, etc. I don't believe the library is > considered an agency. It is really the state archives. > > Just thought I would update you all on this. I would think this would have to > go to the state senate now. > > God bless, > Beth > familytr@att.net