General Assembly "discovering" transparency

Va. lawmakers find transparency is good for government, politics

By JIM NOLAN

Published: March 15, 2009

http://www.timesdispatch.com/rtd/news/state_regional/state_regional_govtpolitics/article/LEGI15_20090314-221807/231919/

This year, state lawmakers realized that embracing transparency was not just good government but good politics.

The decision by the House of Delegates to record a lawmaker's vote in subcommittee highlighted efforts during the 2009 General Assembly to promote openness in government and increase public access to information.

Also, for the first time, the Republican-controlled House joined the state Senate in broadcasting live streaming video on the Internet of its daily floor session.

The changes came against the backdrop of November elections for all 100 House seats and amid advances in information technology that allow the public to interact and access virtually every phase of the legislative process.

"If you stand in the way of transparency, you're standing in the way of the people's right to know," said Ben Marchi of the watchdog group Americans for Prosperity, which pushed for recorded subcommittee voting in the House.

The General Assembly approved several bills that increased and improved public access to the work of government, including those that require a searchable database of state budget expenditures and revenue and that require the minutes of public meetings to be put in writing.

Lawmakers had less success on legislation calling for greater disclosure of lobbyists' influence-peddling and for restricting political fundraising during the legislative session.

Del. Christopher B. Saxman, R-Staunton, sought to prohibit state elected officials from attending any political fundraising event during the regular General Assembly session -- a bill aimed at the Democrats' annual Jefferson-Jackson Day dinner, the biggest fundraiser on the Democratic calendar, held every February. The bill died in the Senate Privileges and Elections Committee.

Del. Samuel A. Nixon Jr., R-Chesterfield, wanted to revise the state's Lobbyist Disclosure Statement to require lobbyists to itemize those bills on which they seek to influence legislators. He also sought to close a loophole that allows lobbyists to underreport how much they spend entertaining lawmakers, effectively reducing the expense below the requirement that it be reported.

The bill passed the House unanimously but foundered in the Senate Rules Committee when it failed to generate a motion to report it to the full Senate. As a result, Democratic and Republican senators alike on the committee did not have to cast a recorded vote on the measure.

"The public has the right to know when people are being paid by other people to represent their interests before the government," Nixon said in an interview.

Sen. Mary Margaret Whipple, D-Arlington, chairwoman of the Rules Committee, said the intention behind Nixon's bill was not the reason it was left in the committee.

"I don't think there was any inclination not to have more full disclosure," she said.

"We felt they had not been fully vetted and thought out well enough," she said. "The sheer logistics of the way the bill was set up had a lot of problems. . . . This may be something to look at over a year and work out the kinks."

Other bills sought to restrict public access to information previously available in public records, primarily in the name of privacy.

The General Assembly passed legislation that prohibits the state from databasing and distributing names and personal information of people who apply for concealed-handgun permits. Specific information still can be obtained by going to local courthouses.

Lawmakers also approved legislation that exempts personal information about people who complain to local government agencies about owners of properties that may have buildingor fire-code violations.

"The good news is that these bills are narrowly drawn to protect just those records or portions thereof that are 'sensitive' and no more," said Maria J.K. Everett, executive director of the Virginia Freedom of Information Advisory Council.

Legislators also were wary of giving away too much personal information when it comes to complying with the REAL ID Act, the federal government's plan to create a national identification card.

Both chambers passed legislation that forbids the collection of biometric data such as DNA or any information that would compromise the "economic privacy" of Virginians.

Lawmakers and policy experts say that building on reforms in voting and public access to General Assembly proceedings, Virginia politics and government will continue to become more accessible and transparent in the coming years.

Already, Virginians can monitor the legislature online through the Legislative Information System. The Virginia Public Access Project provides online access to elected officials' campaign donations.

The administration of Gov. Timothy M. Kaine is encouraging the public to see and comment on the state's share of the federal stimulus package through http://www.Stimulus.Virginia.gov.

"There are those out there who still want to operate in the smoke-filled backrooms, who want secret deals to continue to be made," Marchi said. "But we're living in the best, most transparent time in the history of our country. We're moving in the right direction."

Contact Jim Nolan at (804) 649-6061 or jnolan@timesdispatch.com .

Which bills passed, which didn’t
A look at transparency-related bills in the General Assembly and how they fared:

Passed

House Bill 2285, Senate Bill 936: Requires a searchable database that contains information on state budget expenditures and revenue, including audit reports, bonded debt and copies of grants and contracts.

SB 1316: Requires the state to inform the public of its right to access public records of government agencies by spelling out what records it has and what exemptions may apply to the information. Also requires that the minutes of public meetings be put in writing.

HB 2144: Prohibits the database distribution of names and descriptive personal information by the state contained on applications for concealed-handgun permits.

SB 1478, HB 2266: Exempts the names, addresses and telephone numbers of people who file official complaints to local government agencies against property owners related to buildingor fire-code violations.

HB 1587, SB 1431: Forbids the collection of biometric data such as DNA or any information that would compromise the "economic privacy" of Virginians.

Failed

HB 1634: Sought to prohibit state elected officials from attending political fundraising events during the regular General Assembly session.

HB 1883: Sought to require lobbyists to itemize bills on which they seek to influence legislators. Also sought to close a loophole that allows lobbyists to underreport how much is spent on entertaining lawmakers.