2013 General Assembly

These are bills being tracked by the Virginia Coalition for Open Government during the 2013 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 tosending a message to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Last update: Jan. 31, 2013, at 10 PM

HB 1443
O’Bannon
Exempts applicants for licensure as an assisted living facility or adult day care center from the requirement that the applicant submit financial records together with his application so long as the applicant submits a current balance sheet and income statement, accompanied by a letter from a certified public accountant certifying the accuracy thereof, and at least one credit reference. Includes a provision that records that contain confidential proprietary information furnished to the Department pursuant to this section shall be exempt from disclosure under the provisions of the Freedom of Information Act (§ 2.2-3700 et seq.).
Senate Rehab & Social Services
House: VOTE: Passage (98-Y, 0-N)

HB 1451
Minchew
Permits the chief judge of a general district court to direct the clerk of that court to destroy documents related to civil and criminal cases that have been ended for a period of three years, provided that they have been microfilmed or converted to an electronic format. Currently, such documents must be retained for 10 years. This bill is a recommendation of the Committee on District Courts.
Senate Courts of Justice
House: VOTE: Passage (97-Y, 0-N) 

HB 1524
Villanueva
Reverses the default rule of FOIA that certain park and recreation records of minors are subject to the mandatory disclosure provisions of FOIA unless the parent or an emancipated person who is the subject of the record requests in writing that the record not be disclosed. Under the bill, these records would be exempt from public disclosure unless and until the parent or emancipated person who is the subject of the record waives the protection.
Senate General Laws & Technology 
Passed House (97-0)

HB 1601
Anderson
Extends the sunset date for the Commission on Civics Education to July 1, 2016. The bill also repeals the provision that made the existence of the Commission contingent on continued funding in a general appropriation act.
Senate Rules
House: VOTE: Passage (84-Y, 3-N)

HB 1616
Gilbert
Provides that no state agency or organization having jurisdiction over criminal law enforcement or regulatory violations, including but not limited to the Department of State Police nor any department of law enforcement of any city, county or town, shall procure a public unmanned aircraft system (drone aircraft) without the approval of the General Assembly or the local governing body, respectively. The bill also contains extensive procedural guarantees against release of personal information and contains reporting requirements by agencies and courts with respect to use of and data collected by such aircraft.
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Assigned Courts sub: #1 Criminal; Subcommittee recommends incorporating (HB2012-Cline) by voice vote 

HB 1639
Greason
Exempts the working papers and correspondence of the legislative aides of members of the General Assembly when the aides are working on behalf of their respective member.
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On House floor

HB 1665
Hope
Prohibits a member of the General Assembly from accepting an appointment to serve on a body or board of any political action committee where the committee engages or employs a registered lobbyist in Virginia.
Rules

HB 1692
Jones
Requires that within 30 days of the receipt of an unsolicited proposal for the development or operation of a qualified transportation facility, a responsible public entity shall post a public notice of the unsolicited proposal on the Department of General Service's electronic procurement website and provide 120 days for the submission of any competing proposals. The bill specifies that the notice is to include specific information regarding the nature, timing, and scope of the qualifying transportation facility, and that the responsible public entity must afford opportunities for public comment on the proposals submitted. The bill also requires that once the negotiation phase for the development of an interim or a comprehensive agreement is complete and a decision to award has been made by a responsible public entity, the responsible public entity is required to post the major business points of the interim or comprehensive agreement. The bill contains technical amendments.
Transportation
House: Incorporates HB2258

HB 1715
Iaquinto
Makes various changes to the provisions that allow circuit court clerks to provide remote access to certain records and to charge a fee for such access. The bill also directs that fees assessed for electronic filing of cases and other records and accessing certain records remotely shall be paid to the clerk's nonreverting local fund to be used to cover the clerk's operational expenses.
Senate Courts of Justice
Passed unanimously in House 

HB 1790
S. Garrett
Establishes the Virginia Nuclear Energy Consortium Authority as a political subdivision of the Commonwealth for the purposes of making the Commonwealth a national and global leader in nuclear energy and serving as an interdisciplinary study, research, and information resource for the Commonwealth on nuclear energy issues. Requires the Auditor of Public Accounts, or his legally authorized representatives, to annually audit the financial accounts of the Authority, provided that the working papers and files of the Auditor of Public Accounts relating to such audits are not be subject to the provisions of the Freedom of Information Act.
Senate Commerce & Labor 
Passed House (93-3-1) (3 not voting) 

HB 1823
Villanueva
Requires local public bodies to post required procurement notices on the Department of General Services' central electronic procurement website and makes newspaper publication or posting on other appropriate websites optional. Currently, only state public bodies are required to post procurement notices on the Department of General Services' central electronic procurement website. The bill provides, however, that no local public body shall be required to post on the Department of General Services' central electronic procurement website if (i) the amount of such contract is not expected to exceed $100,000 or (ii) the local public body has a website for the posting of such notices and provides the website address to the Department of General Services for posting on its central electronic procurement website. The bill also requires the Department of General Services to (a) provide an electronic data file of the using agency's business opportunities at no charge to any requesting newspaper or other print publication with circulation in Virginia using the comma-separated values (CSV) format and (b) send the data file automatically via electronic mail on a daily, weekly, or monthly basis as agreed to by the parties. The bill specifies the information to be included in the data file.
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House: Engrossed - committee substitute HB1823H1

HB 1855
Knight
Exempts from the mandatory disclosure provisions of FOIA (i) documents and other information of a proprietary nature furnished by a licensed public-use airport to the Department of Aviation for funding from programs administered by the Department of Aviation or the Virginia Aviation Board and (ii) records provided to the Department of Aviation by other entities of the Commonwealth in connection with the operation of aircraft, where the records would not be subject to disclosure by the entity providing the records. The bill requires in both instances that the submitting entity identify in writing the records or portions thereof to be protected and state why protection is necessary.
Senate General Laws & Technology 
Passed House unanimously

HB 1889
LeMunyon
Prohibits the release to the public of teacher performance indicators, or other data used by the local school board to judge the growth or quality of a teacher, maintained in a teacher's personnel file or otherwise. The bill contains technical amendments.
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Passed unanimously by House 

HB 1952
Landes
Adds specific topics to be covered during the educational programs for governing boards and requires such programs to be delivered by the State Council of Higher Education annually. The bill also requires each board of visitors to adopt bylaws with certain provisions relating to the Freedom of Information Act; annually meet with the president of the institution to deliver a review of the president's performance; designate its executive committee to organize the working processes of the board and recommend best practices for board governance; and annually deliver an executive summary of its interim activities to the General Assembly and the Governor.
Senate Education & Health 
Passed House unanimously

HB 2026
Dudenhefer
Allows a member of a public body to participate in a meeting by electronic communication means due to personal matters under certain circumstances. Currently, such remote participation is allowed only for emergency, medical condition, or distance from the meeting location of more than 60 miles. The bill is a recommendation of the Virginia Freedom of Information Advisory Council.
Senate General Laws & Technology 
Passed House unanimously 

HB 2043
Robinson
Allows the board of trustees of the Jamestown-Yorktown Foundation to convene a closed meeting when the topic is the discussion or consideration of matters relating to specific gifts, bequests, and grants.
Senate General Laws & Technology 
Passed House unanimously

HB 2143
Keam
Specifies that only the last four digits of an individual's social security number are to appear on the green envelope into which a provisional ballot is placed and that only the last four digits shall be required for absentee ballot applications. Clarifying language also is added to emphasize that provisional ballot envelopes are to be placed in the ballot container promptly.
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Passed unanimously by House

HB 2170
Cole
Requires local public bodies to post required procurement notices on the Department of General Services' central electronic procurement website and makes newspaper publication or posting on other appropriate websites optional. Currently, only state public bodies are required to post procurement notices on the Department of General Services' central electronic procurement website. The bill also requires the Department of General Services to (i) provide an electronic data file of the using agency's business opportunities at no charge to any requesting newspaper or other print publication with circulation in Virginia using the comma-separated values (CSV) format and (ii) send the data file automatically via electronic mail on a daily, weekly, or monthly basis as agreed to by the parties. The bill specifies the information to be included in the data file.
General Laws
GL sub: #2 FOIA/Procurement 

HB 2178
Albo
Authorizes the conduct of a new charitable game known as network bingo. Includes this provision: “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.).”
(See Vogel’s bill SB 930)
General Laws
Reported from General Laws (19-Y, 3-N) 

HB 2209
Knight
Requires that every person who the Department of Environmental Quality has reason to believe is generating or handling waste provide the Department with information about the waste upon request. The bill exempts trade secrets contained in such information from disclosure by the Department under certain conditions while still allowing the Department to provide such information to the Environmental Protection Agency or as otherwise required by law. 
Senate Agriculture, Conservation and Natural Resources 
Passed House unanimously 

HB 2237
J. Miller
Bank self-assessments. Includes a FOIA exemption
Senate Commerce and Labor 
See Stuart’s similar bill
Passed House (99-Y, 0-N) 

HB 2280
Ward
Exempts records related to disaster preparedness  
General Laws
Reported from General Laws (22-Y, 0-N)

SENATE

SB 687, 689, 688, 696, 697, 714
Lucas
Creates the Virginia Casino Gaming Commission as the licensing body for casino gaming. Includes FOIA exemption for records of commission investigations and a meetings exemption for deliberations of the Virginia Casino Gaming Commission in a licensing appeal action conducted pursuant to § 59.1-558 regarding the denial or revocation of a license of a casino gaming operator and discussion, consideration, or review of matters related to investigations exempted from disclosure under subdivision 1 of § 2.2-3705.3.
Passed by GL&T Committee indefinitely w/ letter (15-Y, 0-N) 

SB 765 (See HB 1426)
Carrico
Allows each of the Towns of Damascus and Glade Spring to publish required legal notices on the locality's website instead of advertising them in a newspaper having a general circulation in the locality.
General Laws
Subcommittee made no recommendation 

SB 802
T. Garrett
Provides that a telephone call between two board members in preparation for a meeting shall not constitute a meeting for Virginia Freedom of Information Act purposes if the discussion otherwise would not constitute a meeting.
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Passed Senate (39-Y, 1-N) 

SB 889
Black
Allows local school boards to hold electronic communication meetings to the same extent allowed currently for state public bodies. The bill contains technical amendments.
General Laws & Technology 
Passed by GL&T Committee indefinitely w/ letter (9-Y, 0-N) 

SB 930
Vogel
Authorizes the conduct of a new charitable game known as network bingo. Includes this provision: “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.).”
House General Laws
Senate: Read third time and passed (36-Y, 2-N) 

SB 979
Northam
Permits the chief judge of a general district court to direct the clerk of that court to destroy documents related to civil and criminal cases that have been ended for a period of three years, provided that they have been microfilmed or converted to an electronic format. Currently, such documents must be retained for 10 years.
Courts of Justice

SB 988
Stuart
Creates a privilege for information generated from a voluntary regulatory self-assessment conducted by a bank or its holding company, affiliates, and subsidiaries. Includes a prohibition from release under FOIA
Commerce & Labor
Engrossed by Senate - committee substitute SB988S1

SB 1138
McWaters
Creates the Virginia Nuclear Energy Consortium & includes provision that audit materials are not subject to release under FOIA.
Commerce & Labor
Rereferred from Agriculture, Conservation, and Natural Resources (15-Y, 0-N); Rereferred to Commerce and Labor

SB 1143
McEachin
Prohibits compensation to legislators for attending conferences for which the agenda and materials are not available to the public.
Rules

SB 1202
McDougle
Permits the chief judge of a general district court to direct the clerk of that court to destroy documents related to civil and criminal cases that have been ended for a period of three years, provided that they have been microfilmed or converted to an electronic format. Currently, such documents must be retained for 10 years. This bill is a recommendation of the Committee on District Courts.
Courts of Justice

SB 1212
Stuart
Requires that every person who the Department of Environmental Quality has reason to believe is generating or handling waste provide the Department with information about the waste upon request. The bill exempts trade secrets contained in such information from disclosure by the Department under certain conditions while still allowing the Department to provide such information to the Environmental Protection Agency or as otherwise required by law.
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Senate: Read third time and passed (40-Y, 0-N)

SB 1263
Stuart
Virginia Freedom of Information Act; meeting by electronic communication means by certain committees, subcommittees, etc., of state public bodies; personal matters.
General Laws

SB 1264
Stuart
Reorganizes § 2.2-3706 of the Freedom of Information Act relating to access to criminal records and other records held by law-enforcement agencies. The only substantive changes in the bill are to (i) expand to the state law-enforcement agencies the ability to withhold portions of noncriminal incident information and (ii) allow law-enforcement agencies to make a verbal response for requests for criminal incident information. The bill also clarifies that personnel records of persons employed by a law-enforcement agency are not noncriminal records, but subject to the personnel records and background investigation records exemptions. The bill contains technical amendments and is a recommendation of the Virginia Freedom of Information Advisory Council.
General Laws

SB 1309
Hanger 
Transfers authority for administration of the nutrient management certification program and responsibility for adopting regulations on nitrogen application rates from teh Department of Conservation and Recreation to the Virginia Soil and Water Conservation Board. The bill also empowers the Board to allocate general fund moneys to soil and water conservation districts to support their operations and oversee districts' programs. Creates FOIA exemptions. 
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Senate: Passed (40-Y, 0-N)

SB 1334
Norment 
Provides an exemption from the mandatory disclosure requirements of FOIA for records of a proprietary nature produced or collected by or for faculty or staff of the Commonwealth's Attorneys' Services Council, other than the Council's financial or administrative records, in the conduct or as a result of instructional programs, study, or research on scientific, technical, or scholarly issues, whether sponsored by the Council alone or in conjunction with another governmental body or a private concern, where such records have not been pubicly released, published, copyrighted, or patented.
General Laws and Technology
Engrossed by Senate - committee substitute SB1334S1

SB 1335
Obenshain 
Prohibits the clerk of a circuit court who issued a concealed handgun permit from disclosing any information indicating the permit was issued, including all personal indentifying information contained in the protected person's permit application, for a person who is protected by a protective order that is in full force and effect who has submitted a written request for the confidentiality of such information and a certified copy of the protective order to such clerk of court until expiration date indiciated on the protective order.
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Passed Senate

FAILED BILLS

HB 1373
Head
Allows localities with a population of 50,000 or greater to meet certain notice requirements by utilizing their websites, radio, or television instead of a newspaper of general circulation.
Counties, Cities & Towns
Failed to report from subcommittee

HB 1378
Cole
Allows a locality to publish required legal notices on its website instead of advertising them in a newspaper having a general circulation in the locality.
Counties, Cities & Towns
House: Incorporated by Counties, Cities, & Towns (HB1373-Head) by voice vote 

HB1426
O'Quinn
Allows each of the Towns of Damascus and Glade Spring to publish required legal notices on the locality's website instead of advertising them in a newspaper having a general circulation in the locality.
Counties, Cities & Towns
Failed in CC&T subcommittee

HB1542
Loupassi
Allows circuit court judge to order a clerk to remove or obscure the name of a criminal defendant from the online case management system upon a showing by the Commonwealth of a legitimate law-enforcement purpose. The removal or obfuscation will not affect the case file available to the public in the clerk's office.
Courts of Justice
Failed to report from subcommittee

HB1821
Iaquinto
Provides that records related to child abuse and exploitation that are in the possession of the Department of State Police pursuant to its duties in maintaining the Child Pornography Images Registry are exempt from the Virginia Freedom of Information Act and the Government Data Collection and Dissemination Practices Act and that the Registry is not subject to the Virginia Information Technology Agency.
Courts of Justice
Stricked from docket by patron

HB 1887
LeMunyon
Places limitations and conditions on the expenditure of revenues of the Commonwealth on Phase II of the Rail-to-Dulles Project. Includes review of MWAA’s public records policies.
Transportation
Failed to report from subcommittee

HB 2032
May
Allows regional public bodies to conduct electronic meetings in the same manner as state public bodies. The bill also removes the requirement that a public body hold one meeting each year at which no member participates using electronic means. This bill is a recommendation of the Joint Commission on Technology and Science. 
General Laws
Subcommittee recommends sending to FOIA Council

HB 2125
Keam
Provides that FOIA requests may be made by any citizen of the United States and not just citizens of the Commonwealth. The bill also allows a public body to require prepayment before providing requested records when the cost for production of the records is likely to exceed $100.
General Laws
Subcommittee recommends sending to FOIA Council 

HB 2134
Keam
Adds a requirement that each state public body created in the executive branch of state government and subject to FOIA make available to the public upon request a schedule of charges associated with the production of requested records that may be assessed by the public body under FOIA. The bill also requires the schedule of charges to be posted on the respective websites of state executive branch agencies.
Failed to report from subcommiteee

HB 2321
Surovell
Makes the State Corporation (SCC) subject to the Freedom of Information Act (FOIA) and designates venue for FOIA petitions against the SCC. The bill reverses a case holding that the Freddom of Information Act is not applicable to the SCC (Christian v. State Corporation Commission, November 2011). 
General Laws
Subcommittee recommends sending to FOIA Council

HJ 663
Carr
Constitutional amendment (first resolution); Nonpartisan Redistricting Commission created.
Privileges & Elections
Failed to report from subcommittee

HJ 745
Hope
Directs the Virginia Freedom of Information Advisory Council to study whether the Virginia Freedom of Information Act, specifically § 2.2-3703 of the Code of Virginia, should be amended to eliminate any exemption from the Virginia Freedom of Information Act not otherwise generally applicable to other public bodies of the Commonwealth and to report its findings and recommendations.
Rules
Stricken from docket by Rules by voice vote