2012 Legislative Update
These are bills being tracked by the Virginia Coalition for Open Government during the 2012 General Assembly session.
Bills originating in the House are listed first, in numerical order, followed by Senate bills in the same order.
Feel free to alert us to bills you think should be included on this list by sending a message to vcog@opengovva.org.
Last updated: February 25, 2012
HOUSE BILLS & RESOLUTIONS
HB 56
Cole
Adds active and retired federal and Virginia justices and judges and attorneys employed by the United States and Virginia Attorneys General to the list of persons whose residence addresses may be replaced by a post office box address on publicly available registration and elections documents.
HB 63
Cole
Notwithstanding the provisions of the Virginia Freedom of Information Act (• 2.2-3700 et seq.), attendance at meetings of the electoral board to determine the validity of provisional ballots shall be permitted only for the authorized representatives provided for in this subsection and for the persons whose provisional votes are being considered.
Testimony at Senate Privileges & Elections committee said confidentiality was necessitated by federal voting law
HB 141
Cole
Provides an exemption from the mandatory disclosure provisions of the Freedom of Information Act (FOIA) for the names, physical addresses, telephone numbers, and email addresses contained in correspondence between an individual and a member of the governing body, school board, or other public body of the locality in which the individual is a resident, unless the correspondence relates to a public matter before such public body. The bill provides that no record that is otherwise open to inspection under FOIA shall be deemed exempt by virtue of the fact that it has been attached to or incorporated within any such correspondence.
Latter part of bill referring to "public matter before such public body" deleted; Passed both chambers, but Senate vote was 23-17
HB 234
Cosgrove
Changes the newspaper advertisement requirements for the sale of foreclosed timeshare properties. Refers parties to a website which lists all pertinent information in lieu of a full printing in the newspaper advertisement.
Senate General Laws
To be heard Monday, Feb. 27, afternoon
HB 272
Peace
Changes the time period before which death, marriage, divorce, or annulment records become public from 50 years to 25 years.
HB 275
Peace
Provides that tax returns, financial statements, and other financial information that is not generally available to the public through regulatory disclosure or otherwise, subdivision 3 of • 54.1-108 notwithstanding, provided to the Board by a complainant or as a result of an investigation of a licensee by the Board in response to a complaint shall be exempt from the provisions of the Virginia Freedom of Information Act.
HB 329
Villanueva
Government Data Collection and Dissemination Practices Act; exemptions. Exempts personal information systems maintained by auditors appointed by the local governing body of any county, city, or town, or a school board that deals with local investigations.
HB 343
O'Bannon
Establishes the Virginia All-Payer Claims Database system, in order to facilitate data-driven, evidence-based improvements in access, quality, and cost of health care through understanding of health care expenditure patterns and operation and performance of the health care system. Data shall be made publicly available in a form that protects the identity of individual patients.
Referred to Senate Education & Health
see SB 135
HB 465
Albo
Requires the Secretary of Administration, during the first year of each new gubernatorial administration, to prepare an organizational chart of state government. The bill specifies what information is to be contained in the organizational chart and that it is to be posted on the Commonwealth's website.
HB 480
Albo
Provides that a member of a parent public body shall be permitted to attend a closed meeting held by any committee, subcommittee, or other entity however designated of the parent public body, provided such member does not participate in any discussions held by the committee or other entity conducting the closed meeting. The bill requires that the minutes of the committee or other entity include the identity of the member of the parent public body who attended the closed meeting.
Definitions tweaked to clarify the relationship between the main public body and the committees/subcommittees it creates
HB 484
Iaquinto
Provides that the operational expenses associated with providing secure remote access to land records includes locating technology in an offsite facility for purposes of improving public access or for the implementation of a disaster recovery plan. The bill extends the prohibition on selling or posting data accessed by secure remote access to include land records. The bill further requires the Executive Secretary of the Supreme Court to establish security and data standards for interfacing between a circuit court's case management or financial management system and the systems of the Supreme Court.
HB 552
Garrett
Technical changes to FOIA related to the use of "intellectual disability" instead of "mental retardation"
HB 556
Albo
Prohibits publication on the Internet of the personal information of certain public officials by the Commonwealth. The bill provides a court process for these public officials to protect their personal information. The bill defines the terms "Commonwealth," "personal information," and "public official." The bill contains technical amendments.
HB 623
Cole
Provides for certain administrative efficiencies: permits general registrar to administer oath to voting equipment custodians; clarifies method to give notice of change in location of general registrar's office; modernizes procedures to give public notice of registration times and primaries; and permits absentee ballot envelopes to be opened before election day so long as the ballots are placed in a secure ballot container and no count is initiated.
Conformed with SB566 and amended to make newspaper and website publication mandatory
HB 739
Jones
Directs the Joint Legislative Audit and Review Commission (JLARC) to oversee and evaluate the Virginia College Savings Plan on a continuing basis. The Commission and the Virginia College Savings Plan are required to make certain reports to the General Assembly.
HB 856
Yost
Provides that information communicated to critical incident stress management team members by public safety personnel who are the subjects of peer support services shall not be disclosed. The bill allows the public safety personnel to waive the privilege.
see HB 1101
HB 932
Lingamfelter
Directs up to 10 percent, but not more than $150,000 annually, from the Natural Resources Commitment Fund to the Department of Conservation and Recreation's Nutrient Management Training and Certification Fund for the development and support of the Voluntary Nutrient Management Plan Program. Specifically, the funds will be used to develop web-based planning software and training materials for those implementing nutrient management plans on their lands. Any personal or proprietary information collected shall be exempt from the Virginia Freedom of Information Act, except that the Director may release information that has been transformed into a statistical or aggregate form that does not allow identification of the persons who supplied, or are the subject of, particular information. This subsection shall not preclude the application of the Virginia Freedom of Information Act in all other instances of federal or state regulatory actions.
HB 1118
Ingram
Allows access to the lists for all political purposes by members of the public and nonprofit organizations as well as by candidates, elected officials, and political party chairmen.
Senate Privileges & Elections
Slated for vote on Tuesday, Feb. 28
HB 1161
Cline
Requires the Department of State Police to enter into a memorandum of understanding to establish the Commonwealth's participation in a real-time electronic recordkeeping and monitoring system for the nonprescription sale of ephedrine or related compounds. Most pharmacies and retail distributors will be required to enter nonprescription sales of ephedrine or related compounds into the electronic system. The bill retains the existing sales limit of no more than 3.6 grams of ephedrine or related compounds per day per individual retail customer and no more than 9 grams per 30-day period. The bill is effective January 1, 2013.
HB 1193
Villanueva
Requires local public bodies to post required procurement notices on the Department of General Services' central electronic procurement website and makes newspaper publication optional. Currently, only state public bodies are required to post procurement notices on the Department of General Services' central electronic procurement website.
Senate General Laws
Slated for vote Monday, Feb. 27
HB 1284
Cline
Clarifies when the clerk of the court may destroy case file papers, and also clarifies that a person seeking authorization to perform marriages must file a petition with the clerk and pay any applicable fees. The bill allows the clerk to require the filing of a separate instrument acknowledging a confessed judgment and relieves the clerk of the requirements to (i) obtain or update a list of volunteer firefighters and (ii) provide marriage license applicants with health information.
Senate Courts of Justice
HJ 22
O'Bannon
Commending Tyler Whitley
passed the House
HJ 94
D. Marshall
Memorializes the United States Congress to propose an amendment to the Constitution of the United States to allow for voluntary school prayer and public prayer.
Rules
HJ 165
J. Scott
Commending WETA on the occasion of its 50th anniversary.
SENATE BILLS & RESOLUTIONS
SB 135
Puller
Establishes the Virginia All-Payer Claims Database system, in order to facilitate data-driven, evidence-based improvements in access, quality, and cost of health care through understanding of health care expenditure patterns and operation and performance of the health care system. Data shall be made publicly available in a form that protects the identity of individual patients.
Conformed with HB 343
SB 193
J. Miller
Freedom of Information Act; exemption for cell phone numbers for EMS personnel and firefighters. Provides an exemption from the mandatory disclosure provisions of the Freedom of Information Act for records of a fire/EMS company or fire/EMS department, to the extent that they disclose the telephone numbers for cellular telephones, pagers, or comparable portable communication devices provided to its personnel for use in the performance of their official duties.
SB 294
Lucas
Requires the Department of State Police to enter into a memorandum of understanding to establish the Commonwealth's participation in a real-time electronic recordkeeping and monitoring system for the nonprescription sale of ephedrine or related compounds.
SB 566
Martin
Provides for certain administrative efficiencies: permits general registrar to administer oath to voting equipment custodians; clarifies method to give notice of change in location of general registrar's office; modernizes procedures to give public notice of registration times and primaries; and permits absentee ballot envelopes to be opened before election day so long as the ballots are placed in a secure ballot container and no count is initiated.
Conformed with HB 623 and amended to make newspaper and website publication mandatory
SB 599
Hanger
Directs the Joint Legislative Audit and Review Commission (JLARC) to oversee and evaluate the Virginia College Savings Plan on a continuing basis. Both JLARC and the Virginia College Savings Plan are required to make certain reports to the General Assembly. Confidential or proprietary records of the Virginia College Savings Plan or its subsidiary corporations provided to the Commission shall be exempt from the Virginia Freedom of Information Act.
SB 660
Blevins
Requires records of birth after 100 years have elapsed from the date of birth and records of death, marriage, or divorce after 50 years have elapsed from the date of death, marriage, or divorce, to become public information.
Amended to reduce time periods and to direct intiatives to create services to access the records as well as to create a free index of information
BILLS THAT DID NOT PASS
HB 2
R. Marshall
Prohibits use of state funds for Phase II of the Dulles Metrorail Project if the Project is subject to a project labor agreement, the policies and bylaws of the Metropolitan Washington Airports Authority do not permit public access to MWAA's meetings and records as provided in Virginia's FOIA, or the Project is not subject to audit by VDOT or the Auditor of Public Accounts.
Tabled in House FOIA subcommittee
HB 25
Cole
Prohibits the clerk of the court from disclosing information contained on a concealed handgun permit application or on an order issuing a concealed handgun permit.
Passed by Indefinitely in Senate Courts of Justice
HB 94
Albo
Requires that local school boards hold meetings in accordance with the parliamentary procedures set out in Robert's Rules of Order.
Rules
stricken at the patron's request
HB 121
Morrissey
Creates the Virginia Housing Trust Fund Authority to administer the Virginia Housing Trust Fund also created by the bill. Includes a FOIA confidentiality provision.
Left in House Appropriations
HB 222
Head
Allows localities to meet certain notice requirements by utilizing their web sites, radio or television rather than a newspaper of general circulation.
Courts of Justice (civil sub)
defeated in House civil law subcommittee
HB 231
Cosgrove
Prohibits employees and members of the State Corporation Commission from disclosing to any person any investigative notes and other correspondence and information furnished in confidence by a public service company with respect to a gas pipeline safety inspection or investigation.
Commerce & Labor
carried over to 2013
HB 357
McClellan
Creates the Virginia Health Benefits Exchange Authority as a political subdivision of the Commonwealth. Includes FOIA records and meetings exemptions for applicant information
Left in House Commerce & Labor
See HB 402
HB 376
Pogge
Prohibits the retention of any information contained on a Virginia-issued driver's license for any purpose unless otherwise required by law.
Stricken from docket by House Transportation Committee
HB 397
Hope
Requires guidance documents of the Board to be available as public records under the Freedom of Information Act. The bill has a delayed effective date to give the Freedom of Information Advisory Council an opportunity to review the legislation and report on its implementation.
House General Laws FOIA subcommittee referred it to the FOIA Council for study
HB 402
Hope
Creates the Virginia Health Benefits Exchange Authority as a political subdivision of the Commonwealth. Includes FOIA records and meetings exemptions for applicant information
Left in House Commerce & Labor
See HB 357
HB 473
Albo
Authorizes the conduct of a new charitable game known as jumbo bingo. The bill sets out the terms and conditions under which jumbo bingo may be conducted, provides for the licensing of jumbo bingo network providers, and sets the maximum prize amount for jumbo bingo. All documents and other information of a proprietary nature furnished to the Department in accordance with this subsection shall be exempt from disclosure under the provisions of the Freedom of Information Act (• 2.2-3700 et seq.).
Left in House General Laws
HB 549
Comstock
Requires the Division of Child Support Enforcement of the Department of Social Services to publish a list of parents who are delinquent in the payment of child support in order to facilitate locating such parents and to enhance enforcement of child support obligations. Currently, the law only requires that the Division publish a list of the "most wanted delinquent parents."
Continued in Senate Rehab & Social Services to 2013
HB 612
LeMunyon
Requires the Virginia Code Commission to solicit public comment annually concerning titles and sections of the Code of Virginia that should be reviewed for revision, amendment, rearrangement, repeal, and recodification.
Tabled in House Rules
HB 664
Surovell
Publication of names of taxpayers claiming state tax credits. Requires the Tax Commissioner to annually report on and publish on the Department of Taxation's website the following for certain state tax credits: a brief description of the tax credit, the name of each taxpayer claiming at least $1,000 of the respective credit, the dollar amount of the credit claimed by such taxpayer, and a reference to the Code of Virginia section (referenced with specificity) that establishes the credit.
Passed by Indefinitely in House Finance subcommittee #2
HB 679
Surovell
Unlawful sale of criminal history information. Provides that the sale or offer for sale of the criminal history information of a person pertaining to a charge or conviction of a criminal offense after the arrest and charge history for that offense has been expunged pursuant to Title 16.1 or 19.2 by a seller or offeror who knows or has reason to know that the information has been expunged is a violation of the Virginia Consumer Protection Act.
Passed by Indefinitely by House Commerce & Labor #2 subcommittee
HB 698
Filler-Corn
Provides that at least 48 hours prior to the vote of each house of the General Assembly, the Chairman of the House Committee on Appropriations and the Chairman of the Senate Committee on Finance shall cause to be posted on the General Assembly's website a copy of the report of the joint committee of conference on a general appropriation bill when the conference committee's work is completed.
Appropriations (Tech oversight sub)
Tabled with recommendation for the House to voluntarily do this with 24 hours
HB 707
Filler-Corn
Funeral protests; penalty. Makes it unlawful for a person to disrupt a funeral or memorial service during the 60 minutes immediately preceding through the time immediately following such service with the intent to disrupt the service. A violation of this provision is a Class 2 misdemeanor for the first offense and a Class 1 misdemeanor for a subsequent offense.
Continued in House Courts of Justice criminal law subcommittee until 2013
HB 773
Landes
Gives localities alternatives to publication in a newspaper of general circulation in the locality for legal ads and other notices of proposed action.
Failed to report in House Counties, Cities & Towns #2 subcommittee
HB 812
May
Eliminates the requirement that the Department of Historic Resources publish a notice of a public hearing on the designation or nomination of a historic district in a newspaper once a week for two successive weeks.
Left in House General Laws Housing subcommittee
HB 815
R. Marshall
Provides that if the University of Virginia uses funds from one of its affiliated foundations to pay for costs incurred by the University in relation to the enforcement of the Virginia Freedom of Information Act, the foundation shall provide a list of its donors for the prior three years to the University. The University shall disclose this list to any party upon request and shall make no attempt to withhold it.
Continued to 2013 in House General Laws FOIA subcommittee
HB 816
R. Marshall
Provides that if a Virginia college or university uses funds from one of its affiliated foundations to pay for costs incurred by the college or university in relation to the enforcement of the Virginia Freedom of Information Act, the foundation shall provide a list of its donors for the prior three years to the college or university. The college or university shall disclose this list to any party upon request and shall make no attempt to withhold it.
Continued to 2013 in House General Laws FOIA subcommittee
HB 817
R. Marshall
Provides that a Virginia college or university may only use funds appropriated to it from general fund revenues, and not from any other source, to pay for any costs incurred by the college or university in relation to the enforcement of the Virginia Freedom of Information Act.
Continued to 2013 in House General Laws FOIA subcommittee
HB 818
R. Marshall
Provides that the University of Virginia may only use funds appropriated to it from general fund revenues, and not from any other source, to pay for any costs incurred by the University in relation to the enforcement of the Virginia Freedom of Information Act.
Continued to 2013 in House General Laws FOIA subcommittee
HB 884
Sickles
Provides that any records maintained by the Department of Motor Vehicles that contain the personal address and telephone number of a federal or state law-enforcement officer shall be considered privileged.
Tabled by House Transportation #3 subcommittee
HB 930
Lingamfelter
Adopts the Uniform Military and Overseas Voters Act to promote uniformity of treatment and improved administration of election laws for military and overseas voters. An electronic-mail address provided by a covered voter is exempt from disclosure under the Virginia Freedom of Information Act.
Continued to 2013 by House Privileges & Elections
HB 1054
Anderson
Clarifies inconsistencies between the law governing the retention and destruction of original public records by the clerk of the circuit court and the Public Records Management Act.
Rolled into HB 1284 in House Courts of Justice civil law subcommittee
HB 1056
Anderson
Provides that prior to the disposal of any unclaimed cremains, a funeral director must submit the name and any other identifying information for such cremains to the Department of Veterans Services for the purposes of determining whether the unclaimed cremains are those of a veteran. Under the bill, the names and any personal identifying information submitted by a funeral director to the Department of Veterans Services are exempt from disclosure under the Virginia Freedom of Information Act (• 2.2-3700 et seq.).
Tabled in House General Laws Profession & Occupations subcommittee
HB 1057
Anderson
Improves registration and absentee voting procedures for military and overseas voters; includes authorization for pilot programs for secure electronic ballot delivery and other reforms. An electronic mail address provided by a covered voter shall not be made available to the public or any individual or organization other than an authorized agent of the local election official and is exempt from disclosure under the Virginia Freedom of Information Act. Companion bill to HB 565.
Continued to 2013 in House Privileges & Elections
see SB 565
HB 1101
Miller
Creates a Class 2 misdemeanor for a member of a critical incident stress management team to disclose any information communicated to him by certain public safety personnel who are the subjects of peer support services. The bill allows the public safety personnel to waive the privilege.
Rolled into HB 856
HB 1105
Greason
Revises the rules for which meetings of state public bodies may be conducted by audio or video means. The bill provides that (i) at least one member of the public body must be physically assembled at the principal meeting location, (ii) the quorum of the public body is determined by members participating in person or by electronic means in the meeting, (iii) a member of the public shall pay for the documented marginal cost that a public body may incur in expanding public participation to the meeting, and (iv) the number of meetings a public body may conduct through electronic communications means is limited to 50 percent of its regular meetings in any calendar year.
Sent to FOIA Council by House General Laws FOIA subcommittee
HB 1143
Webert
Clarifies inconsistencies between the law governing the retention and destruction of original public records by the clerk of the circuit court and the Public Records Management Act.
Courts of Justice
rolled into HB 1054
HB 1149
Dudenhefer
Expands the authority for the conduct of electronic communication meetings to all public bodies. Currently, local public bodies are prohibited from conducting public meetings in this manner, except when the Governor declares a state of emergency. The bill contains technical amendments.
Sent to FOIA Council by House General Laws FOIA subcommittee
HR 4
Surovell
Directs the Clerk of the House of Delegates to provide for the digital recording of meetings of the standing committees and subcommittees of the House of Delegates and make the recordings available for download on the legislative electronic information system.
Passed by Indefinitely in House Rules
HR 9
LeMunyon
Expresses the sense of the members of the House of Delegates that they will refrain from knowingly making robocalls during the course of their political campaigns to individuals who have registered with political ""do not contact"" listings.
Tabled in House Rules
SB 3
Black
Prohibits use of state funds for Phase II of the Dulles Metrorail Project if the Project is subject to a project labor agreement, the policies and bylaws of the Metropolitan Washington Airports Authority do not permit public access to MWAA's meetings and records as provided in Virginia's FOIA, or the Project is not subject to audit by VDOT or the Auditor of Public Accounts.
Finance
Defeated on Senate floor
SB 14
Stuart
All data, records, and reports related to the sale of ephedrine or related compounds to retail customers and any abstracts of such data, records, and reports that are in the possession of the Department pursuant to this article shall be confidential and exempt from the Virginia Freedom of Information Act (• 2.2-3700 et seq.) and the Government Data Collection and Dissemination Practices Act (• 2.2-3800 et seq.).
Courts of Justice
Rolled into SB 294
SB 107
Edwards
"Amends the definition of ""criminal investigative file"" so that the exemption applies to records relating to active or ongoing investigations or prosecutions."
Passed by Indefinitely in Senate General Laws
SB 260
Ebbin
Authorizes the governing body of a locality with a population in excess of 100,000 to procure construction on a best value procurement basis. Under the bill, if proceeding on a best value procurement basis, the Request for Proposal must contain a notice to potential offerors that the procurement decision will be made on a best value procurement basis and describe the (i) criteria that will be considered in evaluating the proposals, and (ii) the rating or weighting system that will be used in evaluating the proposals, including a disclosure that price will be weighted at least 51 percent as a factor. In the interest of open and transparent government, the authority shall adhere strictly to the requirements of the Freedom of Information Act.
Stricken from Senate General Laws docket
SB 272
Smith
Provides that no legislative action may be taken on (i) any committee amendment to the budget bill or general appropriation act, (ii) any conference committee report on the budget bill or general appropriation act, or (iii) any Governor's recommendation on the budget bill or general appropriation act until each such amendment, report, recommendation, or budget bill has been posted on the General Assembly's website for at least 72 hours. The bill provides that each house may vote by two-thirds majority to override the posting requirement.
Continued to 2013 in Senate Finance
SB 309
Blevins
Reduces the period of time that must pass before records related to marriages and divorces may become public information from 50 years to 25 years and provides that annulments may become public information after 25 years.
Tabled because SB 660 covers same goal
SB 310
Blevins
Reduces the amount of time that must pass before death records may become public information from 50 years to 25 years.
Tabled because SB 660 covers same goal
SB 355
Deeds
Requires the Department of Taxation to publish and annually update a list that indicates the assessed value, the appraised value, and the amount of credits issued for each piece of property, or interest in property, awarded a land preservation tax credit.
Tabled in House Finance subcommittee
SB 474
Locke
Provides an exemption from the mandatory disclosure provisions of the Freedom of Information Act for records of a fire/EMS company or fire/EMS department, to the extent that they disclose the telephone numbers for cellular telephones, pagers, or comparable portable communication devices provided to its personnel for use in the performance of their official duties.
Rolled into SB 193
SB 565
Martin
Improves registration and absentee voting procedures for military and overseas voters; includes authorization for pilot programs for secure electronic ballot delivery and other reforms. An electronic mail address provided by a covered voter shall not be made available to the public or any individual or organization other than an authorized agent of the local election official and is exempt from disclosure under the Virginia Freedom of Information Act.
Continued to 2013 by House Privileges & Elections
SB 664
Smith
Allows localities to meet certain notice requirements by utilizing their websites, radio, or television rather than being limited to a newspaper of general circulation.
Left in Senate Local Government
SJ 65
Blevins
Directs the Joint Legislative Audit and Review Commission to study the feasibility of vital records automation indexing. In conducting its study, JLARC shall (i) examine alternatives available for the automation indexing of vital records in the Commonwealth; (ii) consider costs, accessibility, privacy implications, and other practical implications for each option; and (iii) make recommendations to the General Assembly for any necessary changes to state law to implement the most feasible option.
Stricken from Senate Rules docket at patron's request
