1998 Legislative Roundup

HJ25
Author: Del. Don McEachin, D-Richmond
Type: Electronic records/Internet
Details: As amended, proposes a study of home pages for legislators, other electronic constituent services, by clerks of the House and Senate.
Outcome: Passed

HJ36
Author: Del. Ken Plum, D-Reston
Type: Electronic records/Internet
Details: Puts state on record as opposed to Internet taxes, fees or assessments.
Outcome: Passed

HJ51
Author: Del. Marian Van Landingham, D-Alexandria
Type: Open records
Details: Study by Joint Legislative Audit and Review Commission of State Board of Elections, its computer system and the state’s voter registration systems.
Outcome: Passed

HJ 52
Author: Del. Marian Van Landingham, D-Alexandria
Type: Disclosure rules
Details: Provides for campaign-finance training for treasurers of General Assembly campaigns.
Outcome: Passed

HB57, HJ23
Author: Del. Dick Cranwell, D-Roanoke County
Type: Court access
Details: Provides second-year approval of a proposed November 1998 constitutional amendment to ease confidential Judicial Inquiry and Review Commission rules for misconduct proceedings involving Virginia judges
Outcome: No action, at request of patron (see SB645, SJ2)

HJ151
Author: Del. Billy Robinson, D-Norfolk
Type: Limited court access
Details: A proposed Year 2000 constitutional amendment that would permanently restrict JIRC information to key General Assembly members only.
Outcome: Defeated by Senate, 27-12

HJ187
Author: Del. Chip Woodrum, D-Roanoke
Type: Open meetings, open records
Details: Establishes a 7-member joint subcommittee to study open-government exemptions in the Freedom of Information Act and elsewhere in the Code of Virginia
Outcome: Passed

HB201
Author: Del. Bob Marshall, R-Prince William
Type: Internet restrictions
Details: Requires person to report to police anyone seen looking at “sexually explicit visual material” involving juveniles
Outcome: Killed in House Courts of Justice Committee

HB202
Author: Del. Bob Marshall, R-Prince William
Type: Internet restrictions
Details: Imposes tougher penalty on sex-related solicitation of juveniles via Internet than solicitations in person
Outcome: Killed in House Courts of Justice Committee

HB214
Author: Del. Jack Rust, R-Fairfax
Type: Law libraries
Details: Provides that new fees may be charged in civil and criminal cases to support law libraries
Outcome: Killed

HJ218
Author: Del. Don McEachin, D-Richmond
Type: Open records
Details: Proposes joint subcommittee study of need for stricter confidentiality with autopsy and medical examination reports
Outcome: Full study rejected; referred to House Courts committee for possible mini-study

HB227
Author: Del. Franklin Hall, D-Richmond
Type: Closed records
Details: Involves various matters facing the Medical College of Virginia Hospitals Authority
Outcome: Proposed “working-papers” FOIA exemption deleted

HB279
Author: Del. Jay DeBoer, D-Petersburg
Type: Information-agency restructuring
Details: JLARC proposal to merge Dept. of Information Technology and Council on Information Management, create new cabinet-level chief information officer (CIO)
Outcome: Carried over to 1999, at chief patron’s request; Gilmore Administration plans “blue ribbon commission” to assist new CIO in reviewing possible need for restructuring

HB304
Author: Del. Alan Diamondstein, D-Newport News
Type: Open records
Details: Megan’s law; requires public notification of sex offenders’ identity when residing in a community
Outcome: Merged into HB570

HB348
Author: Del. Bob Marshall, R-Prince William
Type: Internet content restrictions
Details: Requires blocking software on state-funded library computers with access to the Internet; prohibits juvenile access; etc.
Outcome: Killed in House Courts of Justice Committee; revived in House budget amendment; killed by budget conferees

HB570
Author: Del. Creigh Deeds, D-Warm Springs
Type: Open records
Details: Megan’s law; requires public notification of sex offenders’ identity when residing in a community; Internet disclosure system to be set up
Outcome: Passed

HB580
Author: Del. Brian Moran, D-Alexandria
Type: Open records/Internet
Details: Requires use of Internet for sample ballots, starting in 1998.
Outcome: Passed

HB588
Author: Del. Dave Albo, R-Springfield
Type: Open records/Internet
Details: As amended, requires electronic filing of all campaign fund-raising reports by candidates for statewide office; continues voluntary electronic filing for General Assembly candidates; requires use of Internet for disclosure of all financial reports, paper or electronic, beginning in 2001
Outcome: Passed

HB632
Author: Del. John A. Rollison III, R-Woodbridge
Type: Electronic records/Internet
Details: As favorably amended by the Gilmore Administration, reaffirms right of state’s new Internet information network (VIPNet) to put public records on line; addressed patron’s privacy concerns by blocking VIPNet from combining and then reselling personal data collected by various local and/or state government agencies.
Outcome: Passed

HB659
Author: Del. Alan Diamondstein, D-Newport News
Type: Electronic meetings — University of Virginia
Details: As favorably amended, allows up to one-third of U.Va.’s Board of Visitors to participate in public meetings by speaker phone at remote sites accessible by the public; retains 25% cap on number of permissible electronic meetings each year. During a planned two-year experiment, the board will voluntarily provide advance notice of at least three days for all such meetings, assure adequate amplification for phone hookups and hold some committee meetings in rooms designed for easy public access (not specified in the bill, but promised by university spokesmen). Governor’s amendments approved, requiring Jan. 1, 2000 report on “positive and negative experiences,” number of times used, names of absentee members, etc.
Outcome: Passed

HB748
Author: Del. Bob Marshall, R-Prince William
Type: Internet informtion
Details: Outlaws sexually explicit e-mail messages sent to juveniles for commercial purposes
Outcome: Carried over to 1999 by House Science and Technology Committee

HB790
Author: Del. Bud Phillips, Dickenson
Type: Open records
Details: Gives Commissioners of Revenue and Treasurers authority to post nonconfidential information on the Internet Outcome: Passed

HB792
Author: Del. Bud Phillips, Dickenson
Type: Open records
Details: Clerks’ remote access fees changed from mandatory to permissive
Outcome: Passed

HB793
Author: Del. Bud Phillips, Dickenson
Type: Open records
Details: The clerks’ so-called “cover sheet bill,” originally defeated by the House Science and Technology Committee, was amended to permit a limited pilot project of electronic filing of land records in Norton and Wise County
Outcome: Passed

HB794
Author: Del. Bud Phillips, Dickenson
Type: Open records/filing fees
Details: Authorizes electronic filing of records, including use of the Internet; requires clerks of circuit courts seeking money from the Technology Fund to win state approval for access enhanced computer systems
Outcome: Passed

HB822
Author: Del. Tayloe Murphy, D-Warsaw
Type: Library
Details: Changes name of State Librarian to Librarian of Virginia.
Outcome: Passed

HB851
Author: Del. Alan Diamondstein, D-Newport News
Type: Open records
Details: Allows use of FOIA “trade secrets” exemption by new Workforce Training Council; requires prior notice and reason for nondisclosure; amended to delete objectionable language that would have prevented disclosure of some public salaries
Outcome: Passed

HB873
Author: Del. Morgan Griffith, R-Salem
Type: Open records
Details: Requires monthly disclosure by legislators of income exceeding $10,000 when representing agencies regulated by the state
Outcome: Killed by House Rules Committee

HB964
Author: Del. Billy Robinson, D-Norfolk
Type: Court access
Details: Implementing JIRC legislation for proposed constitutional amendment
Outcome: Killed (see SB645)

HB998
Author: Del. Bob Bloxom, R-Eastern Shore
Type: Electronic meetings
Details: Sought to exempt Commercial Space Flight Authority from FOIA’s electronic-meeting rules
Outcome: Withdrawn; agency to be covered by SB156

HB1012
Author: Del. John A. Rollison III, R-Woodbridge
Type: Electronic records/Internet
Details: Sought to veto DMV’s reluctant agreement to let VIPNet handle electronic commerce involving sale of DMV’s restricted records (see related HB632)
Outcome: Bill carried over to 1999; House budget amendment killed by conferees; project on hold awaiting approval of new governor.

HB1043
Author: Del. Tom Jackson, D-Carroll
Type: Internet content restrictions
Details: Establishes joint Library and Education board to restrict library and public school access to the Internet; asserts that “access to information is a privilege, not a right”
Outcome: Carried over to 1999 by Science and Technology Committee; chief patron is willing to drop objectionable access language

HB1141
Author: Del. Bud Phillips, D-Castlewood
Type: Electronic records
Details: Extends special clerks’ task force 15 more months; extends Technology Trust Fund two more years to help clerks move to electronic databases, Internet access
Outcome: Passed

HB1214
Author: Del. Riley Ingram, R-Hopewell
Type: Closed records
Details: Sought to expand working-papers exemption to cover elected local governments and remove requirement for disclosure of specific public-employee salaries abover $10,000
Outcome: Carried over to 1999

HB1308
Author: Del. Jack Rust, R-Fairfax
Type: Closed records
Details: Created FOIA exemption for new Technology Training Certificate Program’s cost estimates, trade secrets and proprietary information. Wrongly permitted confidentiality of public salaries in higher education, prior to committee amendment.
Outcome: Killed

HB1317
Author: Del. Bob Marshall, R-Prince William
Type: Internet access
Details: Requires blocking software on school computers; requires parental consent for any student to access the Internet
Outcome: Carried over to 1999 by House Science and Technology Committee, 10-6

HB1325
Author: Del. Bob Marshall, R-Prince William
Type: Internet access
Details: Requires providers of e-mail services to obtain consent from subscribers prior to selling or releasing subscribers’ names, electronic mail or message addresses; also requires providers to determine categories of electronic mail or messages a subscriber doesn’t want
Outcome: Carried over to 1999 by House Science and Technology Committee

HB1402
Author: Del. Bob Marshall, R-Prince William
Type: Internet access
Details: Provides penalty for anyone violating Internet service provider’s rules
Outcome: Carried over to 1999 by House Science and Technology Committee


SENATE BILLS


SJ2
Author: Sen. Roscoe Reynolds, D-Henry
Type: JIRC disclosure
Details: Provides required second-year approval of a proposed November 1998 constitutional amendment to ease confidential Judicial Inquiry and Review Commission rules for misconduct proceedings involving Virginia judges
Outcome: Passed

SB3
Author: Sen. Roscoe Reynolds, D-Henry
Type: JIRC disclosure
Details: Implementing language for constitutional amendment; non-restrictive
Outcome: Passed; also, see SB645

SB68
Author: Sen. Joe Gartlan, D-Fairfax
Type: Law libraries

Details: Provides additional fee from court fines to support law libraries
Outcome: Killed in House committee

SB152
Author: Sen. Patsy Ticer, D-Alexandria
Type: Electronic information
Details: Allows local and state agencies to accept electronic filing of information
Outcome: Passed

SB 153
Author: Sen. Patsy Ticer, D-Alexandria
Type: Electronic information
Details: Legalizes electronic signatures
Outcome: Passed

SB154
Author: Sen. Ed Schrock, R-Virginia Beach
Type: Internet voting
Details: A proposal to allow absentee voting on the Internet
Outcome: Killed in committee, 9-4

SB155
Author: Sen. Steve Newman, R-Lynchburg
Type: Electronic meetings
Details: A proposal to repeal, permanently, most existing restrictions on routine use of electronic meetings for public business.
Outcome: Killed by chief patron (see next listing)

SB156
Author: Sen. Steve Newman, R-Lynchburg
Type: 15-month videoconferencing test
Details: As favorably amended, this will allow experimental use of videoconferencing by the legislature, the state community-college board and agencies under the Secretary of Commerce and Labor. Proposed by the Joint Commission on Science and Technology to use new technologies to increase public participation in government at the grassroots level. Retains several good provisions in existing FOIA; requires monitoring of project results; adds requirement for special public notice, at least seven days in advance; waives rule for quorum at anchor site; requires public access at all Virginia sites where voting members participate.
Outcome: Vetoed (Senate previously had rejected, 33-6, a proposed Gilmore amendment to delay the test for a year)

SJ188
Author: Sen. Henry Maxwell, D-Newport News
Type: Possible press restrictions
Purpose: Request for statewide media campaign to address “issues and concerns of the African American community”
Outcome: Killed in committee

SJ190
Author: Sen. William Mims, R-Loudoun
Type: Juvenile court access
Details: Requests the executive secretary of the Supreme Court to recommend new procedures to provide adquate advance notice and meaningful public access to juvenile court proeedings involving older juveniles charged with violent crimes.
Outcome: Passed (also see SB298)

SJ198
Author: Sen. Joe Gartlan, D-Fairfax
Type: Limited court access
Details: A proposed November 2000 constitutional amendment to restrict JIRC information to General Assembly members only
Outcome: Defeated

SB227
Author: Sen. Bo Trumbo, R-Fincastle
Type: Electronic information
Details: Tightens protections for computer privacy
Outcome: Carried over to 1999

SB229
Author: Sen. Bo Trumbo, R-Fincastle
Type: Court access
Details: Measure would have stripped judges of discretionary powers to keep juvenile records open after closed hearings
Outcome: Defeated in committee

SB252
Author: Sen. William Wampler, R-Bristol
Type: Electronic meetings — colleges, universities
Details: Companion measure to original HB659 (see above)
Outcome: Passed Senate, 38-2; later killed at chief patron’s request in favor of much-amended HB659

SB298
Author: Sen. Roscoe Reynolds, D-Henry
Type: Court access
Details: Provided for prior notice (hearing date, time and place) for required public hearings that certify age, affirm probable cause for older juveniles accused of violent crimes
Outcome: Passed Senate 35-5; carried over in House Courts of Justice Committee (see SJ190)

SB369
Author: Sen. Janet Howell, D-Reston
Type: Open records
Details: Megan’s law; requires public notification (including use of Internet) of sex offenders’ identity if residing in a Virginia community
Outcome: Passed

SB383
Author: Sen. Charles Hawkins, R-Chatham
Type: Closed records
Details: Extends FOIA “trade secrets” exemption to new Workforce Training Council; requires prior notice and reason for nondisclosure; amended to delete objectionable language, including exemption for some public salaries
Outcome: Passed

SB 515
Author: Sen. John Watkins, R-Chesterfield
Type: Closed records
Details: FOIA exemption for fire marshals’ noncriminal investgations
Outcome: Defeated in Senate committee, 8-4.

SB561
Author: Sen. Stanley Walker, D-Norfolk
Type: Library
Details: Changes the Library of Virginia Library Board from a policy board to an independent supervisory board, with powers similar to those of state university boards
Outcome: Carried over to 1999 in Senate General Laws Committee

SB 645
Author: Sen. Joe Gartlan, D-Fairfax
Type: Court access
Details: Implementing language for proposed November 1999 constitutional amendment; as amended, restricts JIRC information initially to General Assembly members only
Outcome: Passed (Gilmore amendment unanimously adopted, dropping proposed fine of up to $500 for public disclosure by a legislator)

SB653
Author: Sen. John Edwards, D-Roanoke
Type: Court access
Details: Includes some language identical to provisions in SB229 (see above)
Outcome: Carried over to 1999 session

SB660
Author: Sen. John Watkins, R-Chesterfield
Type: Medical records
Purpose: Broadens rules for public disclosure of information about HMOs and physicians
Outcome: Passed

SB712
Author: Sen. Steve Martin, R-Richmond
Type: Closed records
Purpose: Provides only new FOIA exemption, permitting confidentiality of records while state health commissione investigates quality of HMOs and other health-care plans; findings will be disclosed when decision is made
Outcome: Passed