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