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Legislative Action: Access Issues
2007 General Assembly Legislation as it relates to Access to Public Records and Meetings
Last updated: 11:08 a.m., April 6, 2007
Following is a table of 2007 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 1621 Glenn Oder Incorporated into House Bill 2563 (HB 2563 stricken from House calendar) Amends the Payday Loan Act to claim that a person’s transactional history is exempt from FOIA disclosure. Monitor
HB 1642 Kenneth Alexander Signed by governor, effective 7/1/07 (As amended)The State Board shall provide to each general registrar lists of persons denied registration for public inspection. Such lists may be provided electronically through the Virginia voter registration system and produced in whole or in part upon a request for public inspection. Amended
HB 1762 Harry Purkey Incorporated into HB 1778 Prohibits public access to records pertaining to citations stemming from a traffic violation involving a photo-monitoring system (photo-red). Monitor
HB 1778 John Cosgrove Signed by governor, effective 7/1/07 Prohibits public access to records pertaining to citations stemming from a traffic violation involving a photo-monitoring system (photo-red). The bill, as amended, also states that any person who discloses personal information in violation of the provisions of this subsection shall be subject to a civil penalty of $1,000. Monitor
HB 1790 Morgan Griffith Signed by governor, effective 7/1/07 Provides that the Freedom of Information Act does not afford any rights to persons civilly committed pursuant to the Sexually Violent Predators Act, except in exercising their constitutionally protected rights. Monitor
HB 1791 Morgan Griffith Signed by governor, effective 7/1/07 Adds an additional response to address situations when a public body receives a request for public records under FOIA but cannot find the requested records or the requested records do not exist. Support
HB 1813 Rosalyn Dance Incorporated into HB 2563 (HB 2563 stricken from House calendar) Would exempt from FOIA, under the Payday Loan Act, any information regarding any person’s transactional history. Also, requires the State Corporation Commission, on or before July 1, 2008, to contract with a third party to establish and administer a database with real-time access through an Internet connection to ensure compliance with the Payday Loan Act. Monitor
HB 1955 Harvey Morgan Incorporated into HB 2563 (HB 2563 stricken from House calendar) (Similar to HB 1813) Would exempt from FOIA, under the Payday Loan Act, any information regarding any person’s transactional history. Also, requires the State Corporation Commission, on or before July 1, 2008, to contract with a third party to establish and administer a database with real-time access through an Internet connection to ensure compliance with the Payday Loan Act. Monitor
HB 1999 Terrie Suit Left in House Transportation Committee Creates the Hampton Roads Tunnel Authority and makes it applicable to FOIA. Monitor
HB 2060/ SB 823 Michele McQuigg (House): Jeannemarie Devolites Davis (Senate) House: Bill tabled by House General Laws Committee; Senate: Bill stricken from docket by Senate General Laws & Technology Committee Proscribes under the Personal Information Privacy Act and the Government Data Collection and Dissemination Practices Act the intentional communication to the general public of another’s Social Security number regardless of whether the Social Security number was obtained from a public record or from a private source. The bill adds a punishment for violation of the Personal Information Privacy Act subjecting a violator to civil penalties of $1,000 per day, with each day being a separate violation. Oppose
HB 2062 / SB 824 Michele McQuigg (House); Jeannemarie Devolites Davis (Senate) Both bills signed by governor (As amended by Science & Technology Committee)Provides that the Freedom of Information Act does not apply to land records available via secure remote access but that such access is governed by certain provisions of the Government Data Collection and Dissemination Practices Act. The bill provides requirements for posting land records via secure remote access to the Internet and requires, beginning July 1, 2010, that social security numbers not be contained in such documents. Judgments, however, will contain the last four digits of a social security number for identification purposes. The clerk is given the authority to reject documents that contain social security numbers and also is allowed to perform a global redaction of social security numbers from those documents filed before the 2010 deadline. The bill also allows the use of the Technology Trust Fund to pay for redaction. The bill clarifies that the clerk is to charge 50 cents per electronic image for transmitting “papers or records” to go out of his office in the same manner that he charges 50 cents per page for copying. Amended
HB 2141 Robert Brink Signed by governor, effective 7/1/07 Authorizes State Board of Elections to furnish voter lists to other states with protections for privacy of voter social security numbers. Authorizes cancellation of voter registration based on information from registration officials of other states. Makes conforming changes to sections referring to social security numbers to prohibit disclosure of parts of numbers. Monitor
HB 2157 John O’Bannon Bill effective 7/1/07 Requires the Board to make available via the licensee database or other electronic means information regarding certain medical malpractice judgments and settlements, all pending disciplinary actions, and all final orders imposing discipline. The Senate Education & Health Committee amended the bill to remove a $10,000 threshhold on the reporting of medical malpractice judgements and settlements if such licensee has within the preceding 12 months. Amended
HB 2158 John O’Bannon Left in House Appropriations Committee Exempts from FOIA the records of a review by the proposed Adult Fatality Team Monitor
HB 2202 Leo Wardrup Rolled into HB 1642 by House Privileges & Elections Committee’s Subcommittee 2 (Companion bill to HB 1642) Prohibits public access to voter registration records Amended
HB 2259 T.D. Rust Signed by governor, effective 7/1/07 Expands the current record exemption for state or local park and recreation departments to include local and regional park authorities. Monitor
HB 2271 Adam Ebbin Signed by governor, goes into effect 7/1/07 Allows local school boards to withhold or limit review of security plans or vulnerability assessment plans. Monitor
HB 2293 Jennifer McClellan Passed-by in House General Laws Committee; committee suggested it be studied by FOI Advisory Council Allows local governing bodies and school boards to conduct electronic meetings if no official action is expected to take part at the meeting. Oppose
HB 2393 Samuel Nixon Bill effective 7/1/07 (As amended) States that nothing shall prohibit the Chief Medical Examiner from disclosing the cause and manner of death; also states that the medical examiner shall, upon request, release an autopsy report to selected individuals. Monitor
HB 2418 / SB 1295 Terry Kilgore (House) / Thomas Norment (Senate) Both bills signed by governor, effective 7/1/07 Provides that the identities of persons designated to carry out an execution are confidential, exempt from the Freedom of Information Act, and not subject to discovery or introduction as evidence in any proceeding. The Senate Rehabilitation & Social Services Committee. Amended
HB 2418 to state that the identities of persons designated by the director to conduct an execution shall be confidential, therefore linking it to existing law. The committee also amended the bill to make the information not subject to discovery or introduction as evidence in any civil proceeding. Amended
HB 2423 Morgan Griffith Sent to Virginia State Crime Commission for yearlong study by Senate Courts of Justice Committee Provides that any personal information concerning a member of a jury in a criminal trial shall be sealed by the court at the conclusion of the trial and shall be released only upon motion for good cause shown, with restrictions upon its use and further dissemination as may be deemed appropriate by the court. Oppose
HB 2424 Morgan Griffith Left in House Courts of Justice Committee Provides that any personal information concerning a member of a jury in a criminal trial shall be sealed by the court and shall be released only upon motion for good cause shown, with restrictions upon its use and further dissemination as may be deemed appropriate by the court. Oppose
HB 2484 David Bulova Incorporated into HB 1778 Prohibits public access to records pertaining to citations stemming from a traffic violation involving a photo-monitoring system (photo-red). Monitor
HB 2527 Sal Iaquinto Signed by governor, goes into effect 7/1/07 Requires agencies covered by the Government Data Collection and Dissemination Practices Act to respond to a data subject for inspection of his record in five working days (similar to FOIA) after receiving the request or within a time period as may be mutually agreed upon by the agency and the data subject. Monitor
HB 2543 Scott Lingamfelter Stricken from docket Requires the State Corporation Commission to conduct quarterly surveys of a sample of motor vehicle repair facilities in the Commonwealth to collect information regarding their hourly labor rates for body repair work. The results, including information for each Department of Transportation Regional Districts, shall be available to the public and posted to the Bureau of Insurance website. Monitor
HB 2553 Adam Ebbin Passed-by indefinitely in House General Laws Committee, which recommended it be studied by FOI Advisory Council Allows a local governing body to meet by electronic communication means when a local state of emergency has been declared in accordance with § 44-146.21 provided (i) the meeting is necessary to take action to address the emergency, (ii) notice, reasonable under the circumstances, of the emergency meeting shall be given contemporaneously with the notice provided members of the local governing body conducting the meeting, (iii) the local governing body makes arrangements for public participation, and (iv) the local governing body otherwise complies with the requirements for electronic communication meetings. Oppose
HB 2558 Robert Brink Signed by governor, effectove 7/1/07 Exempts information relating to the breed of the vaccinated animal, and any personal identifying information relating to the animal owner that is not made a part of the animal license application, contained in rabies vaccination certificates provided to local treasurers. The bill has a sunset date of July 1, 2008. Monitor
HB 2567 Stephen Shannon Signed by governor, effectove 7/1/07 Provides that each human research review committee of an institution or agency must ensure that the approved human research projects and the results of such projects are made public on the institution’s or agency’s website. Monitor
HB 2669 Beverly Sherwood Signed by governor, effectove 7/1/07 Allows state public bodies to meet by electronic communication means without a quorum of the public body physically assembled at one location when (i) the Governor has declared a state of emergency, (ii) the meeting is necessary to take action to address the emergency, and (iii) the public body otherwise complies with the electronic communication meetings law. Oppose
HB 2758 Robert Hurt Signed by governor, effectove 7/1/07 Clarifies where meeting notices and minutes of state public bodies must be posted. The bill also specifies that only notices of public hearings on proposed regulations need be published in the Virginia Register. Monitor
HB 2770 Robert Hurt Tabled by House General Laws Committee Gives agencies the discretion to destroy or discard records created after July 1, 2006, that are authorized to be destroyed or discarded under the Virginia Public Records Act. Monitor
HB 2821 Mark Sickles Passed-by in House General Laws Committee; committee suggested it be studied by the FOI Advisory Council and JCOTS Exempts from the mandatory disclosure requirements of the Freedom of Information Act those portions of records containing an individual’s Social Security number Amend
HB 2851 Brian Moran Left in House Education Committee Exempts from FOIA data from investigations conducted by the Children’s Services Ombudsman appointed by the State Board of Education for each school district. The ombudsman would serve as a resource for parents of special-needs children. Monitor
HB 2858 Brian Moran Signed by governor, goes into effect 7/1/07 Exempts from FOIA pre-trial investigative reports related to community probation services Monitor
HB 2867 / SB 810 Donald McEachin (House); Henry Marsh House: Tabled by House Rules Committee; Senate: Bill passed-by indefinitely by Senate Rules Committee Requires the Clerk of the House of Delegates, the Clerk of the Senate, and all legislative agencies, including legislative statutory commissions, councils, and collegial bodies authorized to employ personnel, to report annually to the General Assembly the number of persons employed and appointed categorized by race, gender, and national origin. Under this bill, information pertaining to race, gender, and national origin will be compiled for statistical purposes and will be based on self-identification after employment or appointment. Records and data containing personally identifiable information are confidential and exempt from disclosure under FOIA. Amend
HB 3113/ SB 1403 Steven Landes (House); Phillip Puckett (Senate) Since both bills contain re-enactment clauses, they were returned by the governor without his signature Consolidates the Air Pollution Control Board, the Water Control Board and the Waste Management Control Board into one board, the Virginia Board of Environmental Quality—legislation includes rewording the FOIA exemption for those boards. Monitor
HB 3161 / SB 1404 Daniel Marshall (House); Emmett Hanger (Senate) Both bills were sent to the FOI Advisory Council for study Provides that certain personal identifying information of a complainant with respect to an investigation of a violation of a local ordinance may be withheld. Monitor
HB 3166 Adam Ebbin Left in House Appropriations Committee Exempts from FOIA the records of a review by the proposed Adult Fatality Team Monitor
HB 3171 Steven Landes Signed by governor, effectove 7/1/07 (As amended) Exempts from FOIA certain records of any nonprofit, nonstock corporation created to oversee and administer grants through the Virginia Economic Development Partnership Authority that have been deemed confidential or proprietary. Amended
HB 3190 / SB 1091 Charles Carrico (House); Phillip Puckett (Senate) Bills effective 7/1/07 Says that records and hearings pertaining to substance-abuse reports by certified coal miners are not subject to FOIA Monitor
SB 808 Henry Marsh Passed-by indefinitely in Senate Courts of Justice Committee States that records, reports, and documents related to hearings for outpatient treatment of mentally ill persons shall not be subject to FOIA, but would allow accessibility to the data for the purposes of medical treatment or for the purposes of investigating whether an individual is a candidate for assisted outpatient treatment. Monitor
SB 819 Ken Cuccinelli Bill sent to FOI Advisory Council and JCOTS by Senate General Laws & Technology Committee for study Creates a new FOIA records exemption for data containing identifiable personal information, including date of birth, Social Security number, driver’s license number, bank account numbers, credit or debit card numbers, personal identification numbers, electronic identification codes, automated or electronic signatures, biometric data, or fingerprints. Amend
SB 829 Jeannemarie Devolites Davis Bill effective 7/1/07 Prohibits public access to records pertaining to citations stemming from a traffic violation involving a photo-monitoring system (photo-red). Senate Transportation Committee narrowed the nondisclosure to personally identifiable information. Amended
SB 845 Jeannemarie Devolites Davis Signed by governor, effective 7/1/08 Requires the Chief Information Officer of the Commonwealth to develop policies, procedures, and standards relating to the security data maintained and used by state agencies. The policies, procedures, and standards must include requirements that a user be required to provide a password or other means of authentication to access a computer and to access a state-owned or operated computer network or database through the computer, and that a digital rights management system be used to control access to electronic records containing confidential information. Monitor
SB 871 John Watkins Rolled into SB 829 by House Transportation Committee Prohibits public access to records pertaining to citations stemming from a traffic violation involving a photo-monitoring system (photo-red). Monitor
SB 883 / HB 3118 Creigh Deeds (Senate); Charles Carrico (House) Both bills sent to FOI Advisory Council for study Grants a FOIA record exemption for personally identifiable information concerning individual applicants for or holders of any hunting, fishing, boating, or trapping license issued by an agent of the Department of Game and Inland Fisheries, Oppose
SB 938 Patricia Ticer Signed by governor, effective 7/1/07 Establishes the “Address Confidentiality Program” as a one-year pilot program in Arlington to protect victims of domestic violence by authorizing the use of designated addresses for such victims. Monitor
SB 1000 R. Edward Houck Signed by governor, effective 7/1/07 Provides that financial data collected by local governing bodies shall be used only for consideration of rates or charges, or to determine financial responsibility, and shall be kept confidential by the governing body. The bill provides, however, that any certificate of insurance, bond, letter of credit, or other certification that the owner or operator has met the requirements of this chapter or of any local ordinance with regard to financial responsibility is not confidential. Monitor
SB 1001 R. Edward Houck Bill effective 7/1/07 Reduces the notice requirement for electronic communication meetings from seven to three working days and clarifies that political subdivisions, other than units of local government, may conduct electronic communication meetings. The bill also allows an individual member of a public body to participate in a meeting through electronic communication means from a remote location that is not open to the public in the event of an emergency, temporary or permanent disability or other medical condition, or when a member of a regional public body’s principal residence is more than 60 miles from the primary meeting location. For a member to participate in the above described manner, the bill requires that a quorum of the public body be physically assembled at the primary or central meeting location and that the public body make arrangements for the voice of the remote participant to be heard by all persons at the primary or central meeting location. The bill defines “regional public body.” Support
SB 1002 R. Edward Houck Signed by governor, effective 7/1/07 Allows memoranda, staff evaluations, or other records prepared by the responsible public entity, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals filed under the PPTA (Public-Private Transportation Act of 1995) and PPEA (Private Education Facilities and Infrastructure Act of 2002) to be withheld from public disclosure, where if such records were made public prior to or after the execution an interim or a comprehensive agreement, the financial interest or bargaining position of the public entity would be adversely affected. The bill allows any independent review panel appointed to review PPTA proposals and advise the responsible public entity concerning such records to meet in a closed meeting. Oppose
SB 1003 R. Edward Houck Signed by governor, effective 7/1/07 Clarifies that venue for the enforcement of FOIA rights and privileges against state public bodies, including state institutions, may be brought in general district court or the circuit court of the residence of the aggrieved party or of the City of Richmond. Monitor
SB 1106 / HB 3097 John Chichester (Senate); Mark Cole (House) Senate: Bill sent to FOI Advisory Council by Senate General Laws & Technology Committee; House: Bill left in Senate General Laws & Technology Committee Provides an exemption for the name, address, telephone number, and e-mail address contained in correspondence from a constituent to his elected representative on a local governing body or school board and such information contained in correspondence responding to the constituent. The bill provides, however, that no record, which 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. Oppose
SB 1111 R. Edward Houck Bill effective 7/1/07 Adds a closed meeting exemption for the discussion of reports or plans related to the security of any governmental facility, building or structure, or the safety of persons using such facility, building or structure. Monitor
SB 1120 Ken Cuccinelli Failed in Senate Courts of Justice Committee Provides that a person who goes or remains upon residential property or conspires to go or remain upon such property and who knows or reasonably should have known that any resident of such property suffered a substantial personal, physical, mental, or emotional loss, injury, or trauma within the week preceding the entry upon the property is guilty of trespass or conspiring to trespass, regardless of whether the lack of permission to enter the property was communicated to him. Oppose
SB 1250 Mark Herring Bill effective 7/1/07 (As amended)Provides that a person shall be immune from civil liability for a violation of § 18.2-499 or a claim of tortious interference with an existing contract or a business or contractual expectancy based solely on statements made by that person at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies and authorities thereof, and other governing bodies of any local governmental entity concerning matters properly before such body. The immunity provided by this section shall not apply to any statements made with knowledge that they are false, or reckless disregard for whether they are false. Monitor
SB 1271 Mary Margaret Whipple Sent to FOI Advisory Council by Senate General Laws & Technology Committee for study Eliminates the requirement that a quorum of a state public body be physically assembled in one primary location in order for the public body to conduct a meeting through electronic communications means. Instead of the quorum, the bill provides that at least two members of the public body be physically assembled at one location. The remainder of the members may teleconference. Oppose
SB 1282 Walter Stosch Bill effective 7/1/07 (As amended) States that it shall be unlawful for any person, with the intent to coerce, intimidate, or harass another person, to publish the person’s name or photograph along with certain identifying information, including identification of the person’s primary residence address. Any person who violates this section is guilty of a Class 1 misdemeanor. Any person who violates this section knowing or having reason to know that person is a law-enforcement officer, is guilty of a Class 6 felony. The sentence shall include a mandatory minimum term of confinement of six months. Monitor
SB 1342 R. Edward Houck Left in House Appropriations Committee Provides operational authority for public institutions of higher education in the areas of information technology and procurement pursuant to the Restructuring Act of 2005. Also provides that procurement records shall be available in accordance with FOIA. Monitor
SB 1369 Brandon Bell Bill now effective (As amended) Would allow the Virginia Retirement System to withhold trade-secret information other than the identity of the portfolio company, as long as the information is not otherwise disclosed to the public. Amended by the House General Laws Committee to add an emergency clause. Amended
SB 1400 Charles Colgan Bill effective 7/1/07 Provides that if the disqualification of a state or local government officer or employee who has a personal interest in a transaction leaves fewer than the number required by law to act, the remaining member or members shall constitute a quorum for the conduct of business and have authority to act for the agency by majority vote. Monitor