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We're going to start a new feature on the website; it is tentatively entitled "Whose Ox Was Gored?"  The primary purpose is to identify those bills introduced in the General Assembly designed to a) directly benefit a constituent; b) fix a problem some constituent got themselves into; or c) stick it to somebody a constituent is mad at.

If you spot a candidate, let us know: theunknowntitleexaminer@mail.com

 


Possible candidate as 2009 General Assembly (HB 1944) overrules an opinion issued by the Virginia Supreme Court in Jenkins v. Johnson, 276 Va. 30 (2008). It's another one of those situations that appear to set off the "just because you didn't like the result is no reason to change the law that has been in effect for centuries" alarm. Check out the next issue of the VLTA Examiner for one perspective.

 

Doug Dewing let off steam in an article entitled "(What) Were They Thinking?!" that missed the deadline for the Examiner.  I liked it, so I am reposting it here.

 



(Some members of) The General Assembly (continue to - 2004) appear to prefer that you pay me to read the land records, and that you pay for larger courthouses to store them, rather than enabling you to look at them yourself without driving to the courthouse (Gas at my neighborhood pump is up to $1.55/gallon). (down to $1.499 in 2004)(up to $1.69 in 2005)<out the roof in 2008, and hovering around $2.20 as I see how out of date this site has become>

I thank you, 
my manager thanks you, 
my children thank you.



From the 2005 Session

SB 1192 Personal information; prohibits posting certain on Internet.
Jeannemarie Devolites Davis 

Summary as introduced:
Posting and availability of certain information on the Internet; prohibitions.  Clarifies that clerks are able to provide secure remote access to any document which is filed among the land records in the circuit court and allows them to also provide secure remote access to any person and his counsel to documents filed in matters to which such person is a party. The bill defines land records. The bill also clarifies that the Supreme Court is not prohibited from providing online access to a case management system which may include abstracts of case filings and proceedings in the courts of the Commonwealth, but restricts any person from posting certain private information on any website. Finally, the sunset clause applicable to this section is extended from July 1, 2005, to July 1, 2007.

SENATE BILL NO. 1192 Offered January 12, 2005 Prefiled January 12, 2005
A BILL to amend and reenact 2.2-3808.2 of the Code of Virginia, and to repeal the second enactment of Chapter 988 of the 2003 Acts of Assembly, relating to posting and availability of certain information on the Internet; prohibitions; sunset.
----------
Patron-- Devolites Davis ----------
Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That 2.2-3808.2 of the Code of Virginia is amended and reenacted as follows:

2.2-3808.2. (Expires July 1, 2005) Posting and availability of certain information on the Internet; prohibitions.

A. Beginning January 1, 2004, no court clerk shall post on a court-controlled website any document that contains the following information: (i) an actual signature; (ii) a social security number; (iii) a date of birth identified with a particular person; (iv) the maiden name of a person's parent so as to be identified with a particular person; (v) any financial account number or numbers; or (vi) the name and age of any minor child. Further, such information shall not be posted by any person on any website.

B. Each such clerk shall post notice that includes a list of the documents routinely posted on its website.

C. Nothing in this section shall be construed to prohibit access to any original document as provided by law. However, no person shall post any of the information restricted under subsection A without regard to the method by which such person obtained the information.

D. This section shall not apply to the following:

1. Providing secure remote access to any document among the land records by means of a network or system that complies with security standards developed by the Virginia Information Technologies Agency in consultation with the circuit court clerks, the Executive Secretary of the Supreme Court, the Compensation Board, interested citizens, and users of land and other court records. Such standards shall include, but not be limited to, a requirement, as a precondition for access, for registration by users in person or by means of a notarized or otherwise sworn application that establishes the prospective user's identity, business or residence address, and citizenship status;

2. Postings related to legitimate law-enforcement purposes;

3. Postings of historical, genealogical, interpretive, or educational documents and information about historic persons and events; and

4. Postings of instruments and records filed or recorded prior to 1902; and

5. Providing secure remote access to any person and his counsel to documents filed in matters to which such person is a party.

E. As used in this section, "land records" means any filings required or permitted by the Code to be filed in the land records of a county or city and may include, but not be limited to, deeds, deeds of trust, financing statements, judgments, notices of lis pendens, orders or decrees dividing or transferring real property, options, restrictive covenants, homestead deeds, leases, powers of attorney, and estate matters.

F. Nothing in this section shall prohibit the Supreme Court from providing online access to a case management system which may include abstracts of case filings and proceedings in the courts of the Commonwealth.

G. This section shall expire on July 1, 2007.

2.  That the second enactment of Chapter 988 of the 2003 Acts of Assembly is repealed.

 


From the 2004 Session

HB 179 Personal information; prohibits posting certain on Internet.
Patron - Viola O. Baskerville  

Summary as introduced:
Posting certain information on the Internet; prohibitions. Extends the prohibition on court clerks posting on a court-controlled website any document that contains specific personally identifying information to agencies and agency-controlled websites beginning January 1, 2005. The exception for court clerks providing remote access to their records under certain circumstances is not extended to agencies, though the other exceptions are extended. The bill also repeals the sunset making the prohibition permanent.

 

Full text:
01/14/04 House: Presented & ordered printed, prefiled 01/06/04 045170228

Status:
01/14/04 House: Presented & ordered printed, prefiled 01/06/04 045170228
01/14/04 House: Referred to Committee on General Laws
01/19/04 House: Assigned to General Laws sub-committee: 2
01/22/04 House: Reported from General Laws (22-Y 0-N)
01/22/04 House: Referred to Committee on Science and Technology

 

HOUSE BILL NO. 179 Offered January 14, 2004 Prefiled January 6, 2004
A BILL to amend and reenact 2.2-3808.2 of the Code of Virginia and to repeal the second enactment of Chapter 988 of the Acts of Assembly of 2003, relating to posting social security numbers on the Internet.
----------
Patron-- Baskerville ----------
Referred to Committee on General Laws ----------

Be it enacted by the General Assembly of Virginia:

1. That 2.2-3808.2 of the Code of Virginia is amended and reenacted as follows:

2.2-3808.2. Posting certain information on the Internet; prohibitions.

A. Beginning January 1, 2004, no court clerk shall post on a court-controlled website and beginning January 1, 2005, no agency shall post on an agency-controlled website any document that contains the following information: (i) an actual signature; (ii) a social security number; (iii) a date of birth identified with a particular person; (iv) the maiden name of a person's parent so as to be identified with a particular person; (v) any financial account number or numbers; or (vi) the name and age of any minor child.

B. Each such clerk or agency shall post notice that includes a list of the documents routinely posted on its website.

C. Nothing in this section shall be construed to prohibit access to any original document as provided by law.

D. This section shall not apply to the following:

1. Providing remote access to any court-controlled document by means of a network or system that is certified by the Department of Technology Planning to be secure and to provide for restricted access pursuant to security standards developed in consultation with the circuit court clerks, the Executive Secretary of the Supreme Court, the Compensation Board, interested citizens, and users of land and other court records. Such standards shall include, but not be limited to, a requirement, as a precondition for access, for registration by users in person or by means of a notarized or otherwise sworn application that establishes the prospective user's identity, business or residence address, and citizenship status;

2. Postings related to legitimate law-enforcement purposes;

3. Postings of historical, genealogical, interpretive, or educational documents and information about historic persons and events; and

4. Postings of instruments and records filed or recorded prior to 1902.

2. That the second enactment of Chapter 988 of the Acts of Assembly of 2003 is repealed.

 


 

From the 2003 Session

HB 2426 Posting certain information on the Internet; prohibitions.
Patron - Samuel A. Nixon, Jr. (all patrons)    .....    notes

Summary as passed House: (all summaries)
Posting certain information on the Internet; prohibitions. Provides that beginning July 1, 2003, no state agency or court clerk shall post on a state agency or court-controlled website any document that contains the following information: (i) an actual signature; (ii) a social security number; (iii) a date of birth identified with a particular person; (iv) the maiden name of a person's parent so as to be identified with a particular person; (v) any financial account number or numbers; or (vi) the name and age of any minor child. Every agency and every court clerk that posts any document on a state agency or court-controlled website may require that any party who files documents in any form with such agency or clerk provide, in addition to the original document, a redacted copy of such documents that excises the information prohibited. Failure to provide such redacted copy shall relieve the agency or court clerk of any liability or responsibility in the event that such information is posted on a state agency or court-controlled website. Each such agency and clerk shall post notice that (i) includes a list of the documents routinely posted on its website, (ii) the information listed shall be redacted from such documents, and (iii) such documents are for informational purposes only. Such notice shall indicate the location of the original document. The bill provides that nothing in this section shall be construed to prohibit access to any original document as provided by law nor shall it apply to posting historical, genealogical, interpretive, or educational documents and information about historic persons and events.

 

Full text:
01/08/03 House: Presented & ordered printed, prefiled 01/08/03 030759868 (impact statement)
01/29/03 House: Committee substitute printed 030940904-H1 (impact statement)
01/31/03 House: Printed as engrossed 030940904-EH1
02/13/03 Senate: Committee substitute printed 032147444-S1 (impact statement)

Amendments:
House amendments
Senate amendments
Senate amendments engrossed
Senate amendments rejected

Status:
01/08/03 House: Presented & ordered printed, prefiled 01/08/03 030759868
01/08/03 House: Referred to Committee on General Laws
01/14/03 House: Assigned to General Laws sub-committee: 2
01/28/03 House: Reported from General Laws with sub (14-Y 8-N)
01/29/03 House: Committee substitute printed 030940904-H1
01/29/03 House: Read first time
01/30/03 House: Passed by for the day
01/31/03 House: Read second time
01/31/03 House: Committee substitute agreed to 030940904-H1
01/31/03 House: Amendment by Del. Nixon agreed to
01/31/03 House: Pending question ordered
01/31/03 House: Motion to rerefer to committee rejected
01/31/03 House: Pending question ordered
01/31/03 House: Motion to refer to Appropriations committtee rejected
01/31/03 House: Pending question ordered
01/31/03 House: Engrossed by House - com. sub. w/amd 030940904-EH1
01/31/03 House: Printed as engrossed 030940904-EH1
02/01/03 House: Read third time and passed House (68-Y 29-N 1-A)
02/01/03 House: VOTE: PASSAGE (68-Y 29-N 1-A)
02/01/03 House: Communicated to Senate
02/03/03 Senate: Constitutional reading dispensed
02/03/03 Senate: Referred to Committee on General Laws
02/07/03 Senate: Assigned to General Laws sub-committee: 1
02/12/03 Senate: Reported from General Laws with sub (14-Y 1-N)
02/13/03 Senate: Committee substitute printed 032147444-S1
02/14/03 Senate: Const. reading disp., passed by for the day (37-Y 0-N)
02/14/03 Senate: VOTE: CONST. RDG. DISPENSED R (37-Y 0-N)
02/17/03 Senate: Passed by for the day
02/18/03 Senate: Read third time
02/18/03 Senate: Reading of substitute waived
02/18/03 Senate: Committee substitute agreed to 032147444-S1
02/18/03 Senate: Reading of amendment waived
02/18/03 Senate: Amendment #1 by Sen. Bolling agreed to
02/18/03 Senate: Reading of amendment waived
02/18/03 Senate: Amendment #2 by Sen. Bolling agreed to (21-Y 19-N)
02/18/03 Senate: VOTE: FLOOR AMEND 2 (21-Y 19-N)
02/18/03 Senate: Passed by for the day
02/19/03 Senate: Read third time
02/19/03 Senate: Reading of amendments waived
02/19/03 Senate: Amendments by Sen. Hanger withdrawn
02/19/03 Senate: Engrossed by Senate - sub w/amds. (032147444-S1)
02/19/03 Senate: Passed Senate with sub. w/amds. (36-Y 3-N)
02/19/03 Senate: VOTE: PASSAGE (36-Y 3-N)
02/20/03 House: Placed on Calendar
02/20/03 House: Senate sub. w/amds. agreed to by House (91-Y 8-N)
02/20/03 House: VOTE: ADOPTION (91-Y 8-N)

HOUSE BILL NO. 2426 
AMENDMENT IN THE NATURE OF A SUBSTITUTE 
(Proposed by the Senate Committee on General Laws on February 12, 2003) 
(Patron Prior to Substitute--Delegate Nixon)
A BILL to amend the Code of Virginia by adding a section numbered 2.2-3808.2, relating to posting certain information on the Internet; prohibitions.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 2.2-3808.2 as follows:

2.2-3808.2. Posting certain information on the Internet; prohibitions.

A. Beginning January 1, 2004, no court clerk shall post on a court-controlled website any document that contains the following information: (i) an actual signature; (ii) a social security number; (iii) a date of birth identified with a particular person; (iv) the maiden name of a person's parent so as to be identified with a particular person; (v) any financial account number or numbers; or (vi) the name and age of any minor child.

B. Each such clerk shall post notice that includes a list of the documents routinely posted on its website.

C. Nothing in this section shall be construed to prohibit access to any original document as provided by law.

D. This section shall not apply to the following:

1. Providing remote access to any document by means of a network or system that is certified by the Department of Technology Planning to be secure and to provide for restricted access pursuant to security standards developed in consultation with the circuit court clerks, the Executive Secretary of the Supreme Court, the Compensation Board, and users of land and other court records. Such standards shall include, but not be limited to, a requirement, as a precondition for access, for registration by users in person or by means of a notarized or otherwise sworn application that establishes the prospective user's identity;

2. Postings related to legitimate law-enforcement purposes;

3. Postings of historical, genealogical, interpretive, or educational documents and information about historic persons and events; and

4. Postings of instruments and records filed or recorded prior to 1902.

That the provisions of this act shall expire on July 1, 2005.


 

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