2004 Legislative Roundup

PROPOSALS, STATE SENATE

SJ1 / HJ6 Authorizes a two-year study of the Virginia Public Records Act, electronic records, and their effect on the state depository system.
Sponsors: Sen. Martin, Del. Cox

SB2/ HB6 Reduces from 100 to 20 the maximum copies of state publications that must be submitted to the Library of Virginia. The bill also removes the requirement for the reporting entity to furnish information on publication costs to the Library and clarifies that state reports include reports by agencies, institutions, collegial bodies and other state governmental entities. This measure is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth’s Agencies, Boards, Commissions, Councils and Other Governmental Entities pursuant to HJR 159 (2002).
Sponsors: Sen. Martin, Del. Cox

SB149 Exempts records containing names and addresses or other contact information of persons receiving transportation services as a part of the Americans with Disabilities Act, or Temporary Assistance to Needy Families (TANF)
Sponsor: Sen. Deeds

SB182 Exempts maps contained in a geographic information system that are developed from a combination of high resolution technologies, including digital orthophotography, digital terrain models or related ancillary proprietary data produced by any local governing body or by the Virginia Geographic Information Network division of the Virginia Information Technologies Agency in accordance with § 2.2-2027. However, nothing in this subdivision shall be construed to prohibit the disclosure of base line mapping or topography, including flat-line computer drawings contained in a geographic information system from which the maps excluded by this subdivision may be developed. (This is a bad bill)
Sponsor: Sen. Blevins
STATUS: carried over a year to permit study by the FOI Advisory Council

SB226 / HB467 Requires that officials in any state agency be given a copy of conflict-of-interest rules within two weeks of their election to public office; that training be provided at least semi-annually; that “all officers and employees shall read and familiarize themselves with the provisions.
Sponsors: Del. Drake, Sen. Bolling

SB228 Targets campaign contributions by developers to Fairfax County supervisors; bill would require county supervisors to disclose contributions of $100 or more before they vote on land-use projects that require rezoning or special exceptions. Current threshold for disclosure is $200. Amended to conform with HB988 (requires disclosure of $100-plus gifts)
Sponsor: Sen. Cuccinelli

SB241 Amended; increases clerks’ Technology Trust Fund fees from $3 to $5; requires remote access to clerks’ records by 2006; continues mandate for paid subscriptions to access documents with “sensitive” personal information (and expands it to include any designated application service provider)
Sponsor: Sen. Norment

SB250 Defines eavesdropping as unlawful unless each conference-call participant gives prior consent to interceptions. (KILLED IN COMMITTEE)
Sponsor: Sen. Deeds

SB268 Amended, sets $2,500-$5,000 fine for unreported in-kind political contributions over $1,000; requires candidate’s written approval for acceptance of such gifts. Carried over a year.
Sponsor: Sen. Potts

SB280 Prohibits audit disclosure of “contents” of a municipality’s business plan for cable-TV services.
Sponsor: Sen. Wampler

SB297 / HB538 Exempts telephone numbers for cellular telephones, pagers or comparable portable communication devices provided by a law-enforcement agency to its personnel for use in performance of official duties; amended to continue disclosure of cell-phone records .
Sponsors: Del. May, Sen. O’Brien

SB318 / HB952 Adds State Adult Fatality Review team to FOIA record exemption #54 and meeting exemption #22 (existing exemptions apply to the Child Fatality Review teams).
Sponsors: Del. Ebbin and Sen. Howell

SB336 Ends confidentiality of Judicial Inquiry and Review Commission’s findings involving any judge up for re-election; as amended, the disclosure rule is extended to each Courts of Justice committee member, or to any other legislator who has requested such information.
Sponsor: Sen. Stolle

SB337 / HB877 Provides less access to a person’s own health records if other names are included or if the patient is “reasonably likely to endanger life or physical safety”
Sponsors: Del. O’Bannon/Sen. Stolle

SB348 Broadens Property Owners Association Act to require meetings of committees and subcommittees to be open, with FOIA-like rules for agendas, meeting notice, etc.
Sponsor: Sen. Houck

SB352 Reorganizes the records exemptions of FOIA into topical categories, as recommended by the Virginia Freedom of Information Advisory Council. (This is a good bill.)
Sponsor: Sen. Houck

SB354 Places the Commitment Review Committee for Sexual Predators under FOIA (correcting a 2003 access-policy error); creates narrow record and meeting exemptions to protect victims and confidential files. The bill is a recommendation of the Virginia Freedom of Information Advisory Council. (This is a good bill.)
Sponsor: Sen. Houck

SB370 / HB973 Creates office of State Inspector General to root out “fraud, waste and abuse”; includes office in record exemption #43 (investigative notes/correspondence); also lays down new state-budget disclosure requirements
HB973 was carried over a year. Sponsors: Del. Reese, Sen. Cuccinelli

SB394 Clarifies that FOIA record exemption #22 (for proprietary information and other records related to economic development efforts) applies to various state, local and regional economic development agencies and not just to the Virginia Economic Development Partnership.
Sponsor: Sen. Norment

SB483 Requires selection and installation of Internet filtering software by library boards or governing bodies that accept state funding for public libraries.
Sponsor: Sen. Obenshain
STATUS: Approved by Senate General Laws Committee; carried over a year by Finance Committee

SB562 Applies record exemption #42 (investigative notes, correspondence and information furnished in confidence to certain state auditors) to the same records of designated internal auditors of any school board or local governing body.
Sponsor: Sen. Lambert

SB646 Allows confidentiality for applications and grants of up to $3 million related to biotechnology
Sponsor: Sen. Howell

SB654 Requires FOIA notice for special meetings of the Hampton Roads Sanitation District
Sponsor: Sen. Norment

SB 689 Amended to permit use of televised Senate sessions by news media. Killed in House Rules
Sponsor: Sen. Wampler

  

PROPOSALS, HOUSE OF DELEGATES

HJ6/ SJ1 Establishes a joint subcommittee to study the Virginia Public Records Act, electronic records, and their effect on the state depository system.
Sponsors: Del. Cox, Sen. Martin

HJ134 Mandates a 2004 study by the Joint Commission on Health Care of disclosure rules for Virginians’ health records. The study resolution notes “inconsistent interpretations, confusion and uncertainty” and growing conflicts between Virginia law and the federal Health Insurance Portability and Accountability Act (HIPAA).
Sponsor: Del. O’Bannon

HJ186 Proposes a two-year study of conflict of interest laws and disclosure rules for lobbyists to determine if state law adequately informs the public of potential conflicts of interests; uniform filing procedures and Internet usage also would be studied.
Sponsor: Del. McDonnell.

HJ198 Directs the Clerk of the House of Delegates and the Clerk of the Senate to collect data on potential cost savings of providing members with communication equipment to enable them to participate in interim meetings through videoconferencing. Currently, the Virginia Freedom of Information Act allows for videoconferencing of meetings of state-level public bodies under certain conditions, not to exceed 25 percent of the total meetings held. Also required: 30-days’ advance notice of the meeting and a physical quorum at one location within the state that’s open and accessible to the public (a pilot project effective until July 1, 2005, allows legislative-branch public bodies and other state public bodies that have a member who works or resides at least 55 miles from the main meeting location to conduct meetings through videoconferencing with less strict rules regarding quorum, notice, and percentage of electronic meetings allowed). DEFEATED, 13-3, HOUSE RULES
Sponsor: Del. Armstrong

HJ206 Proposing a constitutional amendment to create a right of privacy. CARRIED OVER A YEAR.
Sponsor: Del. Baskerville

HJ288 Encourages the state Supreme Court to require both attorneys, on election of either attorney, to use e-filing in civil litigation. A statewide electronic filing system is expected to be rolled out later this year.
Sponsor: Del. Phillips

HB6 / SB2 Reduces from 100 to 20 the maximum copies of state publications that must be submitted to the Library of Virginia. The bill also removes the requirement for the reporting entity to furnish information on publication costs to the Library and clarifies that state reports include reports by agencies, institutions, collegial bodies and other state governmental entities. This measure is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth’s Agencies, Boards, Commissions, Councils and Other Governmental Entities pursuant to HJR 159 (2002).
Sponsors: Sen. Martin, Del. Cox

HB 151 Disclosure of information involving violators of high-occupancy toll lanes shall not be deemed a violation of any provision of the Government Data Collection and Dissemination Practices Act
Sponsor: Del. Albo

HB 168 Creates a new FOIA exemption for recreation and parks information about “identifiable persons” under age 18; amended to give parents an opt-out provision; exempts same data fields as protected under federal law for school children.
Sponsor: Del. Sherwood

HB 179 Internet privacy bill extending the HB2426 (2003 session) prohibition on court-controlled websites from posting documents with personally identifying information to a sweeping new prohibition on all public agencies. Repeals 6/30/05 sunset (tied to court records study); disallows paid-subscription access for agency records. Permanently prohibits online documents showing not just a financial account number or social security number but also: signatures, birth date, mother’s maiden name, or name and age of any minor child. (this was a bad bill; it overrides last year’s HB2426 compromise and wrongly makes permanent some types of information that public records require). CARRIED OVER IN COMMITTEE FOR ONE YEAR, PENDING OUTCOME OF COURT RECORDS STUDY
Sponsor: Del. Viola Baskerville

HB189 Requires filtering software on public-library computers used by juveniles; also permits adults to request filtering. COMBINED WITH HB475; KILLED IN COMMITTEE.
Sponsor: Del. Black

HB336 Provides explicitly that any record pertaining to the use of funds from the office allowance provided to members of the House of Delegates be opened to public inspection and copying under FOIA. (Similar to proposed by Del. Purkey.) BOTH BILLS KILLED IN HOUSE RULES COMMITTEE
Sponsor: Del. Pollard

HB347 Amended; exempts identity information of citizen emergency-team members
Sponsor: Del. Sherwood

HB357 Combined with HB388, prohibits any confidentiality agreement that keeps the state from disclosing settlement amounts unless a court has sealed the agreement; also prohibits confidentiality clauses in settlement of any dispute involving possible regulatory or pending legislative action (Attorney General Kilgore’s proposal — and it’s a good bill.) Amended in Senate committee
Sponsor: Del. Suit

HB 358 Requires executive branch agencies subject to FOIA to provide access to the records and post them on the Internet; spells out what must be included in minutes of local and state agencies (summaries of discussion, for one thing). NOTE: Removed was a proposed requirement for taping of closed sessions by local and state agencies in case a meeting’s legality is challenged (Attorney General Kilgore’s proposals). The taping proposal was blocked by local government and the issue was sent to the FOIA Council for further study.
Sponsor: Del. Suit

HB 382 Permits clerks to stop public disclosure of a Social Security number in a concealed-weapon permit application.
Sponsor: Del. Lingamfelter

HB388 Prohibits confidentiality clauses in settlement of any dispute involving possible regulatory or legislative action. (See HB357)
Sponsor: Del. Lingamfelter

HB389 Makes it clear that newly elected public officials, state and local, are subject to FOIA as soon as election results are certified; clarifying amendment to be added for uniform notice of when election results are certified. (Attorney General Kilgore’s proposal — and it’s a good idea.) KILLED ON HOUSE FLOOR, 60-35.
Sponsor: Del. Lingamfelter

HB396 Amended, exempts records and information concerning identifiable school board employees from mandated disclosure of proposed school-division efficiency reviews
Sponsor: Del. Amundsen

HB465 Amended, authorizes treasurers to charge special fee not to exceed $100 a month for remote access to public records.
Sponsor: Del. Drake

HB467 / SB226 Requires that officials in any state agency be given a copy of conflict-of-interest rules within two weeks of their election to public office; that training be provided at least semi-annually; that “alll officers and employees shall read and familiarize themselves with the provisions.
Sponsors: Del. Drake, Sen. Bolling

HB475 Requires state-funded libraries to install filtering software to block access to obscenity, child pornography and, if computers are used by juveniles, to block “materials deemed harmful to juveniles.” KILLED IN COMMITTEE
Del. Nixon

HB487 Amended, exempts records of regional airports containing information concerning (i) identity of owners or operators of private aircraft based at the airport, including the owner’s or operator’s name, home address and telephone number and (ii) the tail numbers or other identifying information relating to the aircraft based at the airport. (this is a bad bill; most of the information is on the Internet and is public under FAA rules.) Carried over a year.
Sponsor: Del. Cole

HB538 / SB297 Exempts telephone numbers for cellular telephones, pagers or comparable portable communication devices provided by a law-enforcement agency to its personnel for use in performance of official duties.
Sponsors: Del. May, Sen. O’Brien

HB543 Amends Data Collection Act to mandate confidentiality for all but the last four digits of a Social Security number unless disclosure of entire number is required by a specific state or federal statute
Sponsor: Del. May

HB 604 Creates opt-out for home address from public voting records (a voter using only a post office box would sign a statement saying he fears for his personal safety; as amended, the voter also would be required to provide evidence that he or she has filed a complaint with a magistrate or law-enforcement official, naming the person feared.)
Sponsor: Del. Gear

HB761 Exempts from FOIA the State Bar’s database of licensed lawyers’ names and adddresses. (Carried over one year; sent to FOIA Council for further study)
Sponsor: Del. Hurt

HB877 / SB337 Provides less access to a person’s own health records if other names are included or if the patient is “reasonably likely to endanger life or physical safety”
Sponsors: Del. O’Bannon/Sen. Stolle

HB952 / SB318 Adds State Adult Fatality Review team to FOIA record exemption #54 and meeting exemption #22 (existing exemptiions apply to the Child Fatality Review teams).
Sponsors: Del. Ebbin and Sen. Howell

HB973 / SB370 Creates office of State Inspector General to root out “fraud, waste and abuse”; includes office in record exemption #43 (investigative notes/correspondence); also lays down new state-budget disclosure requirements
Sponsors: Del. Reese, Sen. Cuccinelli

HB977 Allows clerks to charge a flat fee for remote access (current law specifies single-lookup or connect-time fees)
Sponsor: Del. Reese

HB988 Toughens disclosure rules for contributions involving land-use proceedings; requires disclosure of any donation having a value of more than $100, “singularly or in the aggregate.” Effective Jan. 1. (See also SB228)
Sponsor: Del. Hugo

HB1023/1017 Authorizes Internet applications to the State Board of Elections for a local-election absentee ballot
Sponsor: Del. Dillard

HB1231 Makes “housekeeping” changes in rules for boards and commissions: provides that selection of local-government representative on FOIA Council may be selected (instead of “shall”) from nominees recommended by VML or VACO and removes term limits for legislative members.
Sponsor: Del. Griffin

HB1237 Creates added secrecy rules for Commitment Review Committee (CRC) established by the Director of the Department of Corrections, and its documents, evaluations, assessments and proceedings and those of the Attorney General involving the commitment of sexually violent predators are privileged and confidential and not subject to subpoena or discovery. This is a bad bill as written; amendments are needed to conform with the agreement facilitated by the FOI Advisory Council. CARRIED OVER FOR A YEAR.
Sponsor: Del. Griffin

HB1246 As amended, includes in an existing FOIA record exemption the personal information and trade secrets submitted by private security services to the Department of Criminal Justice Services.
Sponsor: Del. Scott

HB1357 Sought to exempt the General Assembly from the Freedom of Information Act; provided that public access to any meeting of the General Assembly “or a portion thereof” shall be governed by rules established every 2 years by the Joint Rules Committee. This was a terrible bill, as passed by the House. AMENDED IN SENATE TO KEEP LEGISLATURE UNDER FOIA OPEN-MEETING MANDATES FOR FLOOR PROCEEDINGS, COMMITTEE AND SUBCOMMITTEE MEETINGS AND CONFERENCE COMMITTEES; POLITICAL CAUCUSES ARE EXEMPT FROM THE OPEN-MEETING LAW; JOINT RULES IS EMPOWERED TO WRITE GUIDELINES FOR INFORMAL MEETINGS
Sponsor before substitute: Majority Leader Morgan Griffith. (Final version approved by Senate, 26-14; by House, 63-35)

HB1359 Makes clear that if UVa., Tech and William & Mary become “charter” institutions, they would still be subject to FOIA. CARRIED OVER A YEAR.
Sponsor: Del. Callahan

HB1364 Amended, creates a new record exemption for name, address, telephone number, and any other information identifying “a subscriber of a telecommunications carrier, provided directly or indirectly by a telecommunications carrier to a public body that operates a 911 or E-911 emergency dispatch system or an emergency notification or reverse 911 system, if the data is in a form not made available by the telecommunications carrier to the public generally.”
Sponsor: Del. S. C. Jones

HB1380 Allows local governments to hold telephone- or video-conference meetings, reversing a 20-year FOIA policy. This is a bad bill. CARRIED OVER A YEAR BY THE CHIEF PATRON.
Sponsor: Del. Moran

HB1396 Exempts records of the governor’s Virginia Commission on Military Bases that contain information relating to strategies “to limit the effect of or to prevent the realignment or closure of federal military bases located in Virginia;” amended to limit exemption’s impact
Sponsor: Del. Cosgrove

HB1424 Ends need for disclosing a check writer’s date of birth
Sponsor: Del. Dudley

HB1483 Broadens disclosure and nondisclosure powers of state health commissioner in dealing with quarantines
Sponsor: Del. O’Bannon

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