Virginia Coalition for Open Government

1999 Legislative Roundup

SB1023
Author: Sen. William Bolling, R-Hanover
Type: Omnibus FOIA bill
Details: As uanimously passed, identical to HB 1985
Status: see HB 1985

HB2327
Author: Del. Roger McClure, R-Centreville
Type: FOIA training; misc.
Details: Office of the Attorney General designated as responsible agency
to compile annual FOIA guidelines for public bodies and provide FOIA
training every two years. Every executive official of a public body
would undergo two hours of continuing education every two years. Fines
for FOIA violators would range from $100 t0 $1,000 (the FOIA study
committee recommends a maximum $2,500 fine for repeat offenders).
Losing plaintiffs in FOIA lawsuits could be required to pay a public
body’s court costs.
Status: carried over by House General Laws Committee for further study
by the FOIA interim subcommittee; McClure cast the only dissenting vote

HB1659
Author: Del. Bob Marshall, R-Loudoun
Type: College foundations/FOIA
Details: Proposes extending FOIA rules to cover private foundations at
Virginia’s public colleges and universities. (Note: a similar proposal
by the Virginia Press Association has been carried over for 1999 study
by the FOIA legislative study commission)
Status: Bottled up in committee pending ’99 commission study

HB2288
Author: Del. Bob Marshall, R-Loudoun
Type: College foundations/FOIA
Details: Proposes extending FOIA rules to cover private foundations at
Virginia’s public colleges and universities; similar to HB1659
Status: Bottled up in committee pending ’99 commission study

New (1), expanded (4) FOIA exemptions:

  

OTHER LEGISLATION OF INTEREST:

HB1043
Author: Tom Jackson, D-Carroll/Grayson
Type: Internet access
Subject: Requires local libraries and school systems to adopt Internet-use policies for patrons, students and employees; stipulates that
policies must include ways to block viewing of illegal on-line material; heads off threatened uniform rules for statewide regulation
Status: Approved unanimously by Senate; passed 97-2 by House (dissenting: Davis, Woodrum); signed by governor

HB2101
Author: Del. Bob Purkey, R-Virginia Beach
Type: Disclosure rules for legislators’ expense accounts
Details: As recommended by a citizens’ study commission that urges
better pay for General Assembly members, the measure would require
annual disclosure of detailed office-expense reports.
Status: Died in committee (as did recommended proposals for legislators’ pay increases)

HB2111
Author: Del. Lee Ware, R-Powhatan
Type: Minutes for public meetings
Details: Permits gavel-to-gavel tape recordings in lieu of written
minutes for county boards of supervisors holding pre-announced, public
meetings at which no official action is taken; requires that tapes be retained and available for public inspection in accordance with FOIA
and the Virginia Public Records Act
Status: Approved unanimously by House; passed 39-1 in Senate (dissenting: Quayle); signed by governor

HB2240
Author: Del. Bud Phillips, D-Castlewood
Type: On-line court records
Details: Envisions free public access by July 1, 2000, of court records
currently available only via long-distance phone calls through the Supreme Court’s so-called LOPAS system
Status: Withdrawn by Phillips (note: requested funding was omitted from budget, also)

SJR361
Author: Sen. Steve Newman, R-Lynchburg
Type: Net.Work Virginia
Details: One-year study of feasibility of connecting the Capitol and
General Assembly building to the state’s videoconferencing system,
similar to set-ups in Kentucky, Nevada, Wisconsin and Utah
Status: Passed by Senate 39-1 (dissenting: Barry)

SJR405
Author: Sen. Randy Forbes, R-Cheasapeake
Type: Televised General Assembly sessions
Details: Encourages clerks to arrange C-SPAN-type cablecasts or public TV coverage of future General Assembly sessions, similar to
set-ups in
California, Pennsylvania, Minnesota and Alaska
Status: Passed by Senate; killed in House

SJR513
Author: Sen. Louise Lucas, D-Portsmouth
Type: Internet regulation
Subject: Urges Internet businesses to regulate themselves; House substitute spells out what that self-regulation could/should look like.
Status: Passed by Senate; killed in House

SB806
Author: Sen. Ed Schrock, R-Virginia Beach
Type: FOIA notice for public meetings
Details: Proposed by the Joint Commission on Science and Technology.
Permits use of e-mail notice by public agencies, thus ending postal service bias implicit in current law; notice requesters will be given the choice of type of notice to be received
Status: Approved unanimously; ; signed by governor

SB808
Author: Sen. Ed Schrock, R-Virginia Beach
TyPnology office
Details: Designates new secretary of technology as state’s Chief
Information Officer, responsible for formulating and directing state
policy for information technology; requires annual reports to Joint
Commission on Technology and Science on use of technology to increase
citizen convenience and public access to state government; creates 20-
to 26-member Council on Technology Services and a 12-citizen Advisory
Board; oversees Department of Information Technology; creates new
Department of Technology Planning and abolishes Council on Information
Management.
Status: Approved unanimously; signed by governor

SB1026
Author: Sen. Steve Newman, R-Lynchburg
Type: 15-month videoconferencing test
Details: Allows experimental use of videoconferencing by the
legislature, community colleges and selected state agencies. Proposed by
the Joint Commission on Science and Technology. Requires 7-day prior
notice, agenda materials and public access at each remote site in
Virginia; amended by House at Delegate Richard Cranwell’s request to prohibit any action violating FOIA; previously it prohibited actions counter to “spirit or letter” of FOIA. (A similar bill was vetoed by Gov. Gilmore in 1998.)
Status: Approved unanimously by Senate; passed by House 80-18; signed by governor

SB1170
Author: Sen. Ken Stolle, R-Virginia Beach
Type: Internet criminal records
Details: Sought to place all criminal records on-line by
July 1, 2001. As amended, only felonies woul have been posted. Substitute bill allowed State Police to set high access fees, contrary to
FOIA rules.
Status: Passed by Senate, 21-20; killed in House Courts of Justice Committee

SB1186
Author: Sen. John Chichester
Type: On-line records
Details: Among other things, requires the Department of Medical Assistance Services to post all frequently requested data of Virginia’s health-care providers on the Internet (this involves a fight between hospitals and the state’s Medicaid agency)
Status: Differing versions passed by Senate 37-3; House 67-30; House version accepted; governor’s amendments approved, striking Internet section (and everything else in the bill, except for required reporting of progress in “facilitating” communication

SB1216
Author: Sen. Randy Forbes
Type: Nonconfidential juvenile records
Details: Permits older juveniles to be tried as adults if charged with a criminal offense involving a firearm, assault or assault and battery
Status: Approved by Senate; amended by House to cover felonies only