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2008 Access Chart
2008 General Assembly Legislation as it relates to Access to Public Records and Meetings
Last updated: 2:50 p.m. May 9
Last updated: 2:50 p.m. May 9
Following is a table of 2008 legislation as it relates to access to public records and meetings in Virginia. This table includes links to the home pages of the legislation and the patron.
| BILL | PATRON | STATUS | DESCRIPTION | VPA POSITION |
|---|---|---|---|---|
| HB 176 | Onzlee Ware | Incorporated into House Bill 12, which was passed by the Assembly and now awaits action by the governor. | The bill would exempt from FOIA information contained in a proposed payday loan database. | Monitor |
| HB 181 | R.G. Marshall | Signed by governor | The bill states that a court may in a criminal trial, upon the motion of either party or its own motion, and for good cause shown, issue an order regulating the disclosure of personal information of a juror to any person other than the counsel for either party. The Senate Courts of Justice Committee amended the bill to state, "An order regulating the disclosure of information may be modified, and the personal information of the jurors in a criminal case may be disseminated to a person having a legitimate interest or need for the information, with restrictions upon its use and further dissemination as may be deemed appropriate by the court." | Monitor |
| HB 182 | R.G. Marshall | Left in House General Laws Committee | The bill transfers the governance and operations from the Board of Trustees of the Virginia Museum of Natural History to the Science Museum of Virginia. A FOIA meeting exemption is amended to reflect that transfer. | Monitor |
| HB 198 | R.G. Marshall | Left in House Rules Committee | The bill would disallow public disclosure, prior to a public hearing, of investigative notes and other correspondence pertaining to an alleged unlawful discriminatory practice. Nothing in this section, however, shall prohibit the distribution of information taken from inactive reports in a form that does not reveal the identity of the parties involved or other persons supplying information. | Monitor |
| HB 251 | John M. O'Bannon III | Signed by governor | (As amended) The bill exempts from FOIA any information acquired to the extent made confidential by state code during a review by the state Adult Fatality Review Team of a suspicious death of an incapacitated person 18 years old or older and an adult at least 60 years old who was the subject of an adult protective services investigation, whose death was due to abuse or neglect, and whose death comes under the jursdiction of the state Medical Examiner's Office. | Amended |
| HB 313 | R. Steven Landes | Left in House General Laws Committee | The bill removes the current FOIA exemption for working papers and correspondence for the president or other chief executive officer of any public institution of higher education in Virginia. | Monitor |
| HB 370 | Charles W. Carrico Sr. | Incorporated into HB 982 | The bill prohibits a clerk of a circuit court and the Department of State Police from disseminating to the public any personal identifying information contained on an application for a concealed handgun permit or a court order issuing a permit. | Oppose |
| HB 407 / SB 130 | House: G. Glenn Oder; Senate: R. Edward Houck | SB 130 signed by governor | The bill exempts records maintained by a public institution of higher education in connection with fundraising activities conducted by or for such institution to the extent that such records reveal (i) personal fundraising strategies relating to identifiable donors or prospective donors or (ii) wealth assessments; estate, financial, or tax planning information; health-related information; employment, familial, or marital status information; electronic mail addresses, facsimile or telephone numbers; birth dates or social security numbers of identifiable donors or prospective donors. Nothing in this subdivision, however, shall be construed to authorize the withholding of records relating to the amount, date, purpose, and terms of the pledge or donation, or the identity of the donor unless the donor has requested anonymity in connection with or as a condition of making a pledge or donation. As amended, the exclusion provided by this subdivision shall not apply to protect from disclosure (i) the identities of sponsors providing grants to or contracting with the institution for the performance of research services or other work or (ii) the terms and conditions of such grants or contracts. | Amended |
| HB 520 | Terrie L. Suit | SIgned by governor | The bill adds a FOIA exemption for records of the Virginia Military Advisory Council, the Virginia National Defense Industrial Authority, or a local or regional military affairs organization appointed by a local governing body, to the extent such records (i) contain information relating to strategies under consideration or development by the Council, the Authority or such local or regional organization to prevent the closure or realignment of federal military installations located in Virginia, to limit the adverse economic effect of such realignment or closure, or to seek additional tenant activity growth from the Department of Defense or (ii) disclose trade secrets provided to the Council, the Authority, or such local or regional organization in connection with their work. The bill also adds a closed meeting exemption for discussion of such topics by the Virginia Military Advisory Council, the Virginia National Defense Industrial Authority, or such local or regional organization. | Monitor |
| HB 537 | Robert D. Orrock | Signed into law by governor, effective July 1, 2008 | As amended, the bill states that treasurers shall retain only the information that is required to be collected and open to public inspection pertaining to an animal license, and shall forthwith destroy any rabies vaccination certificate of other similar record transmitted by a veterinarian to a treasurer pursuant to this section. | Amended |
| HB 603 | John M. O'Bannon III | Signed by governor, goes into effect July 1, 2008 | The bill creates a FOIA records exemption for documents and other information of a proprietary or confidential nature disclosed by a health insurance carrier to the State Health Commissioner pertaining to contracts to providers. | Monitor |
| HB 633 / SB 133 | House: Joe T. May / Senate: R. Edward Houck | SB 133 signed by governor | The bill prohibits the dissemination of another person's Social Security number, regardless of whether such number is obtained from a public or private record. Currently, the prohibition against dissemination only applies to Social Security numbers obtained from private sources. | Oppose |
| HB 634 / SB 132 | House: Joe T. May / Senate: R. Edward Houck | Signed by governor | The bill provides that no agency shall require an individual to furnish or disclose his Social Security number (SSN) or driver's license number unless the furnishing or disclosure of such number is (i) expressly authorized by state or federal law and (ii) essential for the performance of that agency's duties. | Support |
| HB 653 | Thomas C. Wright Jr. | Incorporated into HB 982 | The bill prohibits a clerk of a circuit court and the Department of State Police from disseminating to the public any personal identifying information contained on an application for a concealed handgun permit or a court order issuing a permit. | Oppose |
| HB 662 | Lynnwood W. Lewis Jr. | Signed by governor | The bill includes as a confidential tax document any document that is required to be filed with the Department of Conservation and Recreation under the land preservation tax credit program. | Amended |
| HB 677 | Kenneth R. Plum | Signed by governor | The bill provides that at least 30 days prior to entering into an interim or comprehensive agreement under the Public-Private Educational Facilities and Infrastructure Act, a responsible public entity must hold a public hearing on the proposals. Currently a responsible public entity is required to provide an opportunity for public comment, which may include a public hearing at the sole discretion of the responsible public entity. The Senate inserted an amendment that says that "the provisions of this act shall apply to proposals solicited or unsolicited proposals received by a responsible public entity on or after July 1, 2008." | Monitor |
| HB 768 | Robert Tata | Signed by governor | The bill adds a FOIA exemption for investigator notes, and other correspondence and information with respect to an active investigation conducted by or for the Board of Education related to the denial, suspension, or revocation of teacher licenses. The bill further provides that these records may be disclosed to (i) a local school board or division superintendent for the purpose of permitting such board or superintendent to consider or to take personnel action with regard to an employee or (ii) any requester, after the conclusion of such investigation, in a form that does not reveal the identity of charging parties, persons supplying the information, or other individuals involved in the investigation. The bill also allows the Board of Education to discuss these records in a closed meeting. As amended, the bill also states that post-investigative information would be disclosed. | Amended |
| HB 805 / SB 290 | House: David L. Englin / Senate: George L. Barker | Signed by governor | The bill requires the Department of Health to create and maintain a secure online central registry for advance health care directives. The registry shall be accessible to health care providers licensed by the Board, through a site maintained by the Department of Health. Registry data is exempt from FOIA. | Monitor |
| HB 843 | Beverly J. Sherwood | Incorporated into HB 982 | The bill protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, and agents in the course of law-enforcement duties, and nonidentifying statistical information would be available to the general public. The bill also requires a circuit court to withhold from public disclosure additional personal identifying information about the applicant, if the applicant has requested on the permit application that such information be withheld. The bill directs the Department of State Police to revise the application forms to notify the applicant of the right to request that information be withheld, and to develop procedures for current permit holders to request that information be withheld from public disclosure. | Oppose |
| HB 854 / SB 131 | House: Adam P. Ebbin / Senate: R. Edward Houck | Signed by governor | The bill would allow local public bodies to meet by electronic means without a physical quorum present at one location in the event of an emergency declared by the governor. The purpose of the meeting would have to be related to the emergency. | Support |
| HB 857 | Adam P. Ebbin | Incorporated into HB 251 by House Health, Welfare & Institutions Committee | (Similar to HB 251) The bill exempts from FOIA any information acquired during a review by the state Adult Fatality Review Team of a suspicious death of an incapacitated person 18 years old or older and an adult at least 60 years old who was the subject of an adult protective services investigation, whose death was due to abuse or neglect, and whose death comes nder the jursdiction of the state Medical Examiner's Office. | Amend |
| HB 858/ SB 647 | House: Adam P. Ebbin; Senate: Patricia S. Ticer | Both bills were passed-by in Senate General Laws & Technology Committee with letter requesting study by Freedom of Information Advisory Council | The bill exempts from FOIA records of a publicly owned museum that can be used to identify an individual who donates or loans one or more items of personal property to the museum. | Oppose |
| HB 909 | Harry R. Purkey | Left in House Appropriations Committee | The bill states that working papers and files of the proposed Virginia Nanotechnology Authority shall not be subject to the provisions of FOIA. | Amend |
| HB 982 / SB 730 | House: David A. Nutter / Senate: Ralph K. Smith | House: Referred to FOI Advisory Council by Senate Courts of Justice Committee / Senate: Incorporated into SB 529 | As amended, the bill protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, agents in the course of law-enforcement duties, and any entity that has a valid contract to perform official duties for the law-enforcement agency. Non-identifying statistical information would be available to the general public. In addition, the State Police would be required to furnish, at a reasonable cost, a list of permit holders and their mailing addresses to nonprofit firearms and hunting educational and issue advocacy groups, but only for the purpose of education and advocacy. | Oppose |
| HB 1007 | Dwight C. Jones | Signed by governor | As amended by the committee, the bill (a) narrows the public-access restriction on criminal intelligence information to the Virginia Fusion Intelligence Center, not the State Police or any other agency assigned to it; (b) creates a definition of “criminal intelligence information” to not include criminal investigative files;, and (c) requires an annual review of Fusion?Center databases to determine which information has a nexus to terrorist activity. Any information not linked to terrorism shall be removed from the databases. | Amended |
| HB 1020 | Timothy D. Hugo | Left in House General Laws Committee | The bill permits interim study committees of the General Assembly to conduct meetings using electronic communications without meeting physical presence requirements for a quorum. Members participating in such meetings through electronic communications shall count towards quorum requirements and have full voting rights. | Oppose |
| HB 1087 | Mark D. Sickles | Sent to Virginia Freedom of Information Advisory Council for study | The bill provides that the social security number of any individual contained in the public records of a local government shall be confidential and exempt from disclosure under the Freedom of Information Act. The bill provides, however, that a social security number may be released (i) in accordance with a proper judicial order; (ii) to any law-enforcement agency, officer, or authorized agent thereof acting in the performance of official law-enforcement duties; or (iii) to any data subject exercising his rights under the Government Data Collection and Dissemination Practices Act. | Amend |
| HB 1088 | Mark D. Sickles | Sent to Virginia Freedom of Information Advisory Council for study | The bill provides that records of the Department shall be subject to the disclosure provisions of the Freedom of Information Act, except that the social security number of individual applicants for or holders of any hunting, fishing, boating, or trapping license issued by an agent of the Department shall be withheld from public disclosure. The bill provides, however, that such information may be released (i) in accordance with a proper judicial order or (ii) to any law-enforcement agency, officer, or authorized agent thereof acting in the performance of official law-enforcement duties. | Amend |
| HB 1096 | Mark D. Sickles | Sent to Virginia Freedom of Information Advisory Council for study | The bill creates the Protection of Social Security Numbers Act, which prohibits every agency from releasing those portions of a public record that contain the social security number of any individual. The bill contains several exemptions from this general rule and also allows disclosure of the last four digits of a social security number to certain entities for the purpose of verifying identity. The bill provides for penalties for violation and contains technical amendments. | Amend |
| HB 1102 | Mark D. Sickles | Sent to Virginia Freedom of Information Advisory Council for study | The bill exempts from the mandatory disclosure requirements of the Freedom of Information Act those portions of records containing an individual's social security number; except that access shall not be denied to the person who is the subject thereof. Any person who is the subject of any such record and who is 18 years of age or older may waive, in writing, these protections. If the protections are so waived, the public body shall open such records for inspection and copying. | Amend |
| HB 1103 | Mark D. Sickles | Left in House Commerce & Labor Committee | (Similar to HB 176 and HB 1351) The bill would exempt from FOIA information contained in a proposed payday loan database. | Monitor |
| HB 1124 / SB 358 | House: S. Chris Jones / Senate: John C. Watkins | Signed by governor | The bill provides a management agreement between the Commonwealth of Virginia and Virginia Commonwealth University pursuant to the Restructured Higher Education Financial and Administrative Operations Act. The bill also includes several refererences to FOIA exemptions, such as trade secrets, prioprietary information and computer software developed by or for a state agency. As amended, the bill also says that VCU shall be entitled to do business under the provisions of Section 2.2-3709. | Amended |
| HB 1271 | Adam P. Ebbin | SIgned by governor | The bill broadens the current FOIA exemption to apply to any type of franchise and protects trade secrets and confidential proprietary information from both bidders for the franchise and the person who is ultimately awarded the franchise. Currently, the exemption is limited to cable TV franchises. The bill has an amendment that ensures that public body-controlled entities cannot use this exclusion. | Amended |
| HB 1332 / SB 423 | House: R. Steven Landes / Senate: Phillip P. Puckett | Signed by governor | In committee substitutes passed by both chambers, the bill sets a process to provide for public hearings when there is substantial public interest in a Department of Environmental Quality-issued permit, there are significant legal or factual issues that are both germane to the draft permit and within the Department’s jurisdiction, and the public hearing could provide additional information. Public hearings would be allowed to be held before less than a quorum of the DEQ board. The board could meet by electronic means with only one site being open to the public. | Amend to conform to state's electronic meeting requirements |
| HB 1351 | R. Lee Ware | Left in House Commerce & Labor Committee | (Similar to HB 176) The bill would exempt from FOIA information contained in a proposed payday loan database. | Monitor |
| HB 1367 | S. Chris Jones | Signed by governor | The bill adds a FOIA exemption for the records maintained by the Department of the Treasury or participants in the Local Government Investment Pool, to the extent such records relate to information required to be provided by such participants to the Department to establish accounts. | Monitor |
| HB 1390 / SB 442 | House: Lacey E. Putney; Senate: R. Edward Houck | Signed by governor | The bill provides operational authority for public institutions of higher education in the areas of information technology, procurement, and capital outlay pursuant to the Restructuring Act of 2005. It also states that procurement records of this authority shall be accessible under FOIA except those records exempt from disclosure pursuant to § 2.2-3705.1 (7), § 2.2-3705.1 (12), or § 2.2-3705.4 (4). | Monitor |
| HB 1458 / SB 726 | House: John A. Cosgrove / Senate: J. Chapman Petersen | Signed by governor | The bill exempts from public disclosure certain proprietary records submitted to the Innovative Technology Authority as part of a grant application. The bill also allows meetings of the Innovative Technology Authority to be closed when the exempt records are being discussed. | Monitor |
| HB 1505 | Samuel A. Nixon Jr. | Left in Senate Commerce & Labor Committee | (Similar to HB 176, HB 1103 and HB 1351) The bill would exempt from FOIA information contained in a proposed payday loan database. | Monitor |
| HB 1522 | James P. Massie III | Passed-by Indefinitely by Senate General Laws & Technology Committee | The bill abolishes the Department of Business Assistance and transfers its duties to the Virginia Economic Development Partnership. The FOIA records exemption for the Department of Business Assistance is amended to reflect this change. | Monitor |
| SB 96 / SB 246 / HB 499 | SB 96: L. Louise Lucas / SB 246: Janet D. Howell / HB 499: Phillip A. Hamilton | Signed by governor | (As part of SB 246)The bill clarifies that recordings of any involuntary commitment hearing shall be held by the clerk of the general district court where the hearing is held, and that all recordings and records of such hearings shall be confidential, unless such confidentiality is waived, in a signed writing, by the subject of such a hearing. The bill provides that the dispositional order of such hearing may be made available by court order, if such disclosure is in the best interest of the subject of the hearing or the public. | Oppose |
| SB 199 | Linda T. Puller | Signed by governor | The bill places the regulation of charitable gaming under the Board and Department of Agriculture and Consumer Services. The bill also rewords § 2.2-3705.3(1) to reflect the change. | Monitor |
| SB 210 | Walter A. Stosch | Signed by governor | The bill creates an exemption from FOIA for trade secrets; financial records, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; and revenue and cost projections supplied by a private or nongovernmental entity to the Inspector General of the Virginia Department of Transportation for the purpose of an audit, special investigation, or any study requested by the Inspector General's Office. An amendment to the bill clarifies the definition of trade secrets as defined by the Uniform Trade Secrets Act. | Amended |
| SB 332 | Ken T. Cuccinelli | Left in Senate Courts of Justice Committee | The bill allows an applicant for a concealed handgun permit to request that personal information regarding the permittee be withheld from public disclosure in response to a Freedom of Information Act request. The bill contains an emergency clause. For 90 days after the effective date of the act, the bill would require that no personal information about a concealed handgun applicant or permittee be released in response to a Freedom of Information Act request, so as to allow current concealed handgun permittees the opportunity to request that their personal information be withheld. | Oppose |
| SB 342 | Ken T. Cuccinelli | Passed-by Indefinitely (PBI) | The bill requires the purchaser of a state toll facility that is a non-Commonwealth public or private entity to agree in writing to conduct all business of the newly acquired toll facility in open meetings under the provisions of the Virginia Freedom of Information Act. | Monitor |
| SB 346 | Harry B. Blevins | Passed-by Indefinitely by Senate General Laws & Technology Committee | The bill establishes the State Office of Accountability to be headed by a State Inspector General to investigate complaints alleging fraud, waste, abuse, corruption, or mistreatment of citizens of the Commonwealth by a locality or state agency or public officers and employees. The bill also authorizes the State Inspector General to examine the management and operation of state agencies and provides a FOIA record exemption for SOA investigation notes, correspondence and other documents submitted in confidence. | Monitor |
| SB 503 | Ralph S. Northam | Stricken from docket at patron's request | The bill establishes the Department of Emergency Medical Services to replace the current Office of Emergency Medical Services and places the new Department under the Secretary of Public Safety. It also rewords § 2.2-3705.5(5) to reflect that change. | Monitor |
| SB 529 / SB 759 | SB 529: R. Edward Houck / SB 759: Frank M. Ruff | SB was rolled into SB 529, which was sent back to Senate Court of Justice to be studied by the Virginia FOI Advisory Council | The bill protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, and agents in the course of law-enforcement duties, and non-identifying statistical information would be available to the general public. This bill is a recommendation of the Freedom of Information Advisory Council. | Support |
| SB 545 | Robert Hurt | Signed by governor | As amended, the bill adds a FOIA exemption for records, notes and information provided in confidence and related to an investigation of a cigarette manufacturer by the Attorney General. However, records related to an investigation that has been inactive for more than six months shall, upon request, be disclosed provided such disclosure is not otherwise prohibited by law and does not reveal the identity of charging parties, complainants, persons supplying information, witnesses or other individuals involved in the investigation. | Amended |
| SB 555 | Robert Hurt | Carried over to 2009 | The bill states that the FOIA provisions shall apply to any audit performed by an independent certified public accountant for city or county officials, or for an executive branch agency. | Monitor |
| SB 578 | Richard L. Saslaw / John C. Watkins | Left in House Appropriations Committee | The bill states that the proposed VirginiaShare Health Insurance Program Board shall conduct meetings in accordance with FOIA provisions | Monitor |
| SB 588 | Phillip P. Puckett | Signed by governor | The bill would exempt from FOIA information contained in a proposed payday loan database. | Monitor |
| SB 593 | Thomas K. Norment Jr. | Signed by governor | The bill allows the discussion or consideration of confidential proprietary records provided by a private business to certain state, local, or regional industrial or economic development authorities or organizations for business, trade and tourism development to be conducted in meetings not open to the public. An amendment to the bill creates a clear exclusion that users can identify.(40. Discussion or consideration by the Department of Business Assistance, the Virginia Economic Development Partnership, the Virginia Tourism Authority, the Tobacco Indemnification and Community Revitalization Commission, a nonprofit, nonstock corporation created pursuant to § 2.2-2240.1, or local or regional industrial or economic development authorities or organizations of records excluded from this chapter pursuant to subdivision 3 of § 2.2-3705.6.) | Amended |
| SB 620 | Patricia S. Ticer | SIgned by governor | The bill replaces the term "mentally retarded" with the term "intellectually disabled" and replaces the term "mental retardation" with the term "intellectual disability" throughout the Code of Virginia, including the references to the term in 2.2-3705.3 and 2.2-3705.5 of FOIA. | Monitor |
| SB 622 | Kenneth W. Stolle | Signed by governor | The bill clarifies a number of issues for circuit court clerks including: use of the last four digits of a social security number on judgments (filer is responsible); that the clerk may provide information from a locality to remote access users; filer is responsible for cover sheet accuracy; allowing the clerk to rely on the cover sheet to index; the difference between e-filing of court records and e-recording of land records. The bill also provides standard definitions of subscriber, secure remote access, public access, and electronic recording of land records. The bill establishes a $5 per document fee for e-recording of a land record and provides for a $50 per month subscription rate for remote access to land, civil, and criminal records. The bill also increases various fees collected by clerks to generate revenue for deputy clerk salary increases. | Monitor |
| SB 687 | Janet Howell | Incorporated into SB 620 (Ticer) | The bill replaces the term "mentally retarded" with the term "intellectually disabled" and replaces the term "mental retardation" with the term "intellectual disability" throughout the Code of Virginia, including the references to the term in 2.2-3705.3 and 2.2-3705.5 of FOIA. | Monitor |
| SJ 62 | George Barker | Stricken from the docket by Senate Rules Committee | The resolution establishes a joint subcommittee to study methods to alleviate the instances when unforeseen circumstances prevent a local governing body from convening a quorum for conducting business. | Monitor |