RICHMOND, Va. — Lawmakers passed bills during the 2024 General Assembly session that impact the press, including online public notices, FOIA costs and government transparency.

The session was more promising for the press than some past sessions, according to Mechelle Hankerson, president of the Society of Professional Journalists Virginia Pro Chapter. More politicians are thinking about how to protect the press and its principles, something she believes not all states can say.

Public notices on digital sites

Local governments are currently required by state law to advertise certain public notices in newspapers. These notifications could include information about meetings, ordinances and matters like contested divorces.

Newspapers qualify if they meet a 50-week publication and circulation requirement, have paid subscribers and cover the area where the notice is required to be published. The notices also generate revenue for publications.

Del. Patrick Hope, D-Arlington, introduced House Bill 264 to allow online-only publications to also post the public notices – and generate revenue from them – if they have regular news coverage. The bill passed the General Assembly last month.

The online site must employ local news staff, be registered for at least two years with the Virginia State Corporation Commission and have its own dedicated domain name. A link to the public notice section must be easily found from the home page, and the content cannot be behind a paywall.

Newspapers are required to keep an archive of the notices for three years. As part of the legislation, digital news sites will also have to post the notice to a searchable statewide repository website, where it will remain for three years.

Online news sites will have to petition the circuit court in the area where the public notices will be posted. They first have to publish a notice of intent in the local newspaper of record. If one does not exist, then the notice must be published in the newspaper of record in a nearby jurisdiction.

A copy of web analytics will also have to be provided to continue publishing the public notices.

The state SPJ chapter worked with other news organizations to advance the bill because it could make “a material difference for some news organizations,” according to Hankerson.

The legislation helps even the playing field for emerging media platforms who have no options for participating in public notice revenue, according to Hankerson. It could also help better inform citizens, especially at a time when newspaper readership is on the decline.

“That’s great that you are required to post information about, you know, contemplating a tax increase, but if your only requirement is to post it in the one place where the majority of people don’t read it anymore, you’re not really doing anything for democracy anymore,” Hankerson said.

Government transparency

The legislature also passed three bills to create more transparency in government affairs, including two that make changes to the state’s Freedom of Information Act. The act, also known as FOIA, outlines how the public can request certain documents from government agencies.

Sen. Danica Roem, D-Manassas, introduced Senate Bill 324, to prohibit a public body from charging a person, if it is their first request, for any costs during the first hour spent accessing, duplicating, supplying or searching for the records. After that, the hourly charge has to be the lesser option of $40 or the hourly rate of pay of the lowest-paid individual capable of fulfilling the request. There are some exemptions to the cap.

Roem, a former journalist, has tried to create some “uniformity” across the board when it comes to FOIA requests and fees, according to Betsy Edwards, executive director of the Virginia Press Association. The VPA works to support the business side of journalism, and its First Amendment rights.

People should not have to pay extremely high amounts of money to get information from the government, and they should be able to know how much it is going to cost, Edwards said.

Del. David Bulova, D-Fairfax, introduced House Bill 69 to require local governing bodies or school boards to hold a public meeting at least seven days prior to making interim appointments.

The bill will give journalists the opportunity to ask questions and report on candidates put forward by the local governing body, Edwards said.

Sen. Saddam Salim, D-Fairfax, introduced SB 340 to keep the name of a public employee, officer or official from exemption on a credit card statement or other payment record. The bill also clarifies that the description of purchases are not exempt from disclosure.

“Just kind of clarifies that if you ask for a credit card statement, that the name remains intact and is not a security control that can be redacted,” said Megan Rhyne, executive director of the Virginia Coalition for Open Government.

The Coalition advocates for transparency in government on behalf of the public. They tracked over 70 related bills this year.

“The open records laws and open meetings laws exist for everyone,” Rhyne said. “But if the media can’t get records, or can’t get into a meeting, just think how much harder it’s going to be for a citizen to do the same thing.”

Although it is impossible to compare Virginia open government laws against other states, there are ways the state could improve, Rhyne said.

Virginia is 1 of 9 U.S. states that does not put a limit on how much can be charged for the labor involved to fulfill a request. There is also a broadly worded and applied “gigantic exemption” for the governor and lieutenant governor, General Assembly, school superintendents and other high ranking public officials, according to Rhyne.

“We also have a catastrophically bad section dealing with closed criminal investigative files,” Rhyne said.

The governor has until April 8 to take action on bills passed this session.

By Olivia Dileo
Capital News Service

Capital News Service is a program of Virginia Commonwealth University’s Robertson School of Media and Culture. Students in the program provide state government coverage for a variety of media outlets in Virginia.

Governor Glenn Youngkin issued a statement expressing his disappointment in the failed Monumental Sports & Entertainment Economic Development Project. This ambitious initiative promised to bring a wave of economic benefits to Virginia, including the creation of 30,000 jobs and an estimated $12 billion in economic activity.

Labeling the project a “transformational” opportunity, Governor Youngkin lamented its collapse, attributing the failure to the General Assembly’s inability to seize what he described as a significant opportunity for the Commonwealth. According to Youngkin, the project required no upfront general fund money or new tax increases. Yet, it stood to generate a considerable number of jobs and revenue for the state.

Governor Youngkin extended his thanks to Ted Leonsis and the entire Monumental team, along with the City of Alexandria, JBG Smith, and other partners, for their professionalism and commitment to Virginia. Despite their efforts, the project will not move forward in Virginia, a development that Youngkin deeply regrets. The Governor’s statement highlights the potential impact of personal and political agendas on economic development and expresses a missed opportunity to enhance the state’s investment and job creation landscape.

“Virginians deserve better. A one-of-a-kind project bringing world-class athletes and entertainment, creating 30,000 jobs and $12 billion in economic activity just went up in smoke. This transformational project would have driven investment to every corner of the Commonwealth. This should have been our deal and our opportunity, all the General Assembly had to do was say: ‘thank you, Monumental, for wanting to come to Virginia and create $12 billion of economic investment, let’s work it out.’ But no, personal and political agendas drove away a deal with no upfront general fund money and no tax increases, that created tens of thousands of new jobs and billions in revenue for Virginia. I’d like to thank Ted Leonsis and the Monumental team, the City of Alexandria, JBG Smith and countless other partners for their professionalism, belief in Virginia and fortitude. Congratulations to Monumental for striking a great deal, I’m sorry you won’t be in Virginia,” said Governor Glenn Youngkin

Republican Gov. Glenn Youngkin handed down several vetoes, amendments and signatures on a number of gun and public safety bills the Democratic-controlled legislature pushed for this session.

Gov. Glenn Youngkin speaks during a press conference near the end of the 2024 legislative session. (Charlie Paullin/Virginia Mercury)

Among the measures Youngkin signed into law are ones that would create a felony charge for parents or guardians who allow a child under 18 to access a firearm despite knowing the child has a history of violent or threatening behavior.

The other bills Youngkin signed make it illegal to make and use auto sears, small plastic or metal devices that convert firearms into automatic weapons by enabling them to empty an entire clip with one trigger pull.

Virginia lawmakers send more than 30 gun bills to skeptical governor

Youngkin, in a statement, said those bills were “commonsense reforms with significant bipartisan support from the General Assembly,” and noted that they will “make it harder for criminals to use guns in the commission of a violent act.” Youngkin also reiterated his commitment to protect “the right of law-abiding Virginias to keep and bear arms.”

The legislation creating the felony charge for parents came from Del. Rodney Willet, D-Henrico, and Sen. Schuyler T. VanValkenburg, D-Richmond, who introduced the bills after 13-year-old Lucia Bremer of Henrico County was shot to death on her walk home allegedly by a fellow student who had access to his guardian’s firearm.

“Lucia was a bright light in the Henrico community,” VanValkenburg said in a statement. “This new law, named in her honor, represents a monumental bipartisan victory, further underscoring the Commonwealth’s commitment to keeping Virginia’s children safe in their communities and classrooms.”

In response to the bills’ signing, Henrico Commonwealth’s Attorney Shannon Taylor, who testified in support of the bill, said in a statement, “no adolescent, no child should have unsupervised access to a weapon, especially when they have already exhibited warning signs.”

On the law banning auto sears, Del. Mike Jones, D-Richmond, who carried the legislation, said in a statement the measure “is a critically important step in our ongoing efforts to prevent senseless tragedies.”

“These devices are exacerbating the already acute gun violent crisis communities like mine are facing,” Jones said.

Youngkin also issued several proposed changes to bills.  One would specify a ban on firearms in public or private hospitals to prevent them from winding up in the hands of people receiving mental health treatment at hospitals. Another would add federal definitions of serial numbers to a bill that creates a penalty for “knowingly” possessing a gun with a scratched off serial number.

Other amendments would create a knowledge standard for making, selling, importing or possessing  “ghost guns,” which can be created at home with 3D printers, and establish a mandatory minimum sentence for using them while committing  a felony. Another would reframe a bill to set up a workgroup that would create a list of parental rights and responsibilities of safely storing guns in the home.

Youngkin vetoed 30 bills, including ones to restrict assault weapons access, impose waiting periods to receive a gun after purchasing one, expand the definition of people convicted of domestic abuse who are prevented from having a gun to include intimate partners, ban guns in more public places and conduct a study on the effects of gun violence.

Other proposals Youngkin vetoed included measures that would make it possible to sue the gun industry, and another that would prevent home-based gun dealers from being located within one and a half miles of elementary and middle schools. Bills that also met Youngkin’s veto pen included one that mandated a waiting period before purchasing firearms, another that outlined safe storage standards for firearms in homes where a minor is present, another that would prevent people from leaving visible firearms in vehicles, as well as a measure that would create program to train law enforcement agencies statewide on the appropriate use of the state’s substantial risk order law, better known as red flag laws, which allow guns to be seized from people who may put themselves or others in danger. Proponents say red flag laws can help prevent violence, especially mass shootings, while opponents counter that they may enable guns to be seized from people who haven’t been charged with a crime.

Senate Minority Leader Scott Surovell, D-Fairfax, who carried the proposal to clarify when red flag laws can be used, took to the social media platform X to criticize Youngkin’s actions.

“Public safety is about more than mandatory minimums & locking people up longer,” Surovell posted.

The legislature is scheduled to reconvene on April 17 to take action on Youngkin’s amendments and to review his vetoes.

by Charlie Paullin, Virginia Mercury

Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

Legislation to educate consumers on invasive plant species passed in the General Assembly, but not without debate over where signage would be placed.

Invasive plant species are not native to the region and can negatively impact ecosystems. The Virginia Department of Conservation and Recreation has identified 90 invasive plant species, by rank of most to least invasive. Species on the list include kudzu, English ivy, golden bamboo and periwinkle.

Invasive winter creeper (Euonymus fortunei) growing on a tree in Pony Pasture Park of the James River Park System. (Meghan McIntyre/Virginia Mercury)

Sen. Saddam Salim, D-Fairfax, introduced Senate Bill 306 and Del. Holly Seibold, D-Fairfax, introduced House Bill 47. Lawmakers at the end of the legislative session smoothed out the differences between the bills and passed a final proposal.

State group says Virginia should budget more for invasive species management

Lawmakers were divided on whether the signage should be at each invasive plant display or at an entrance. The Senate amended both bills to place signage at entrances, but the House rejected the amendment. The original House bill also wanted language at each display that stated: plant with caution, could cause environmental harm and ask about alternatives.

The final bill passed will require any place that sells an invasive plant species to display a sign nearby that warns consumers and encourages them to ask about alternatives. There is a penalty of no more than $500 for retailers who fail to post the signs and a stop sale order until the signage is posted.

“We can’t stop invasive plants all 100% but making it aware to individuals who are purchasing is a step forward,” Salim said.

The commissioner of Agriculture and Consumer Services will determine the format, size and signage content by October. The signage will have a QR code that links to the Department of Conservation and Recreation’s invasive species list that is updated every four years.

The sign is expected to be black and yellow for optimal visibility, according to Salim.

Invasive species have cost Virginia as much as $1 billion annually, according to the Virginia Invasive Species website. This total exceeds $120 billion nationally.

Current state code prohibits state agencies from planting, selling or propagating any listed invasive plant, unless necessary for “scientific or educational purposes or bona fide agricultural purposes.”

Pat Calvert, director of clean water and land conservation at Virginia Conservation Network, supports labeling invasive plants. He sees the legislation as an opportunity to educate consumers.

This also creates a responsibility for retailers to be transparent in what they are selling, Calvert said.

Calvert has dealt with pesky English ivy on his property, which, like other invasive plants, spreads quickly through seeding and roots.

“It’s just really, really tough to get rid of,” Calvert said.

The plants can damage an ecosystem or agriculture. The Southeast Asian tree of heaven is a primary food source for the spotted lanternfly, which has expanded its territory, according to Calvert. The flies damage crops.

The management of these plants is problematic and costly for individuals, localities, parks and farmers, Calvert said.

Friends of the James River Park System in early March hosted Invasive Species AwarenessWeek. The program educated people on invasive plants through activities like plant removal, nature walks and more. The organization has hosted this awareness event since 2015.

The James River Park System has over 50 invasive plant species that threaten trees, water and soil quality, and also native bugs, birds and flowers, the organization stated.

Lawmakers recently approved a budget that distributes several million dollars across departments to help meet initiatives outlined by the Virginia Invasive Species Management Plan, and which includes the hiring of new employees.

The governor is currently reviewing the budget and legislation. The General Assembly will reconvene on April 17 to consider any of his proposed changes.

By Shelby Warren / Capital News Service

Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

Gov. Glenn Youngkin is still reviewing a bill that would legalize and tax the slot machine lookalikes known as skill games, but supporters of the gambling machines are asking the governor to stick to what he said he’d do when he was running for office.

In a radio appearance posted to Youngkin’s campaign YouTube page in August of 2021, the then-candidate called himself a “big supporter of the skill games.”

“I’m supportive of the skill games. I just think all businesses should be allowed to do business,” Youngkin said on Hampton Roads area station WNIS. “Skill games actually do enable so many small businesses to not only grow their business but also simply to survive.”

Youngkin’s stance two years ago was closely aligned with sentiments on display Tuesday as skill game supporters held a rally on Capitol Square urging the governor to sign legislation to repeal a ban on the machines that’s been in effect since late last year.

In quick Friday vote, Virginia General Assembly OKs bill legalizing skill games

The legalization bill passed the General Assembly with bipartisan support earlier this month, but the skill game industry is scrutinizing whether the governor will sign it, veto it or recommend changes. Without the legislation, skill games will remain fully illegal in Virginia. If the governor signs a bill, the regulatory details could determine how profitable the machines will be for the companies that make skill games as well as the small businesses that agree to host the games in exchange for a cut of the profits.

Skill game skeptics, who have pushed to give local government or local voters a say in whether the machines should or shouldn’t be allowed in their communities, are hoping the governor sends down a significantly tougher plan than the one that passed the legislature. The bill approved by lawmakers doesn’t allow localities to opt out.

As they have for much of the 2024 session, gas station and restaurant owners showed up in numbers to argue revenue from skill games was critical to their businesses during the COVID-19 pandemic and still badly needed today.

“As the debate around the regulation of skill games unfolds, I hope that Gov. Youngkin stands by what he said on the campaign,” said Bhavin Patel with the Virginia Amusement Coalition, who said he has owned “a few mom and pop convenience store businesses.”

Some skill game proponents insist the machines aren’t a form of gambling because the outcome is dependent on the player’s skill, not pure chance. However, current Virginia law treats them as a form of illegal gambling, a classification the Supreme Court of Virginia indicated it would uphold despite the skill game industry’s efforts to challenge it.

The legislation sent to Youngkin would allow up to four skill games in convenience stores, restaurants and other retail businesses licensed by the Virginia Alcoholic Beverage and Control Authority. Truck stops could have up to 10 machines.

A 25% tax would apply to the machines’ revenues. The bill also includes provisions meant to prevent anyone under 21 from playing the games and mitigate gambling addiction, but critics say those measures fall well short of similar rules applied to other forms of gambling like casinos and sports betting apps.

On Tuesday, Youngkin’s office was more circumspect about where the governor stands on the specific bill before him.

“The governor is closely reviewing the legislation and budget language sent to his desk, but still has numerous issues to work through including the regulatory structure, tax rates, the number of machines, impact on the Virginia Lottery and broader public safety implications,” Youngkin spokesman Christian Martinez said in a statement. “In 2021, when asked about this industry broadly, candidate Youngkin intimated interest in what expansion to these activities in convenience stores could potentially look like in Virginia, but now he has to look at the legislation presented to him.”

Virginians Against Neighborhood Slot Machines, a casino-funded group advocating against the skill game bill, said the governor should veto the bill, regardless of what he said in 2021.

“No one in 2021 could have conceived of a bill that was so lacking in public safety protections as what is on the governor’s desk,” said Nick Larson, a spokesman for the group.

At Tuesday’s rally in support of the skill game bill, Kunal Kumar, an advocate with the Virginia Asian American Store Owners Association, said the legislation was “thoroughly vetted” by the General Assembly and worthy of Youngkin’s support.

“It is a lifeline for businesses all over Virginia,” he said.

by Graham Moomaw, Virginia Mercury

Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

There were few signs of anyone budging in Virginia’s budget standoff Tuesday as Democratic lawmakers gathered on the steps of the state Capitol to portray their spending plan as the work of “responsible adults” and accuse Republican Gov. Glenn Youngkin of behaving childishly for opposing it.

“That is what spoiled brats do when they don’t get what they want,” said Sen. Mamie Locke, D-Hampton. “We are a co-equal branch of government.”

Democratic General Assembly members held a news conference on the Capitol steps to defend their budget plan against attacks from Gov. Glenn Youngkin. (Graham Moomaw/Virginia Mercury)

The usually buttoned-up, backroom budget process is spilling over into dueling press conferences this year as Youngkin blasts Democrats for approving more taxes and Democrats fire back at the governor for belittling a budget that drew bipartisan support and includes significant new funding for education.

The governor has held several public appearances to brand the Democratic-crafted plan “the backward budget.” This week, Democrats are doing a media tour of their own emphasizing that their budget puts “families first.”

After suggesting digital sales tax, Youngkin blasts Democratic version

At Tuesday’s stop in Richmond, House Appropriations Chairman Luke Torian, D-Prince William, asked what exactly is backwards about 3% pay raises for teachers and other school personnel in each of the next two years and $2.5 billion in new funding for K-12 education.

“What is backwards about supporting the citizens of the commonwealth of Virginia?” Torian said.

Youngkin’s proposal had called for a 1% bonus for teachers in fiscal year 2025 and a 2% raise in fiscal 2026.

Though a little more than a dozen Republican lawmakers voted for the spending plan crafted primarily by the legislature’s Democratic majorities, Youngkin and others have harshly criticized its expansion of the state’s sales tax to include downloads of digital products and software and subscriptions to streaming services.

“If you go out and talk to the guy working 50 hours a week, the young mom with a few kids at home, go ask them if they think this is the time for tax hike,” said Del. Mark Earley Jr., R-Chesterfield, who spoke to reporters at the Capitol after Tuesday’s Democratic event.

The broadening of the 5.3% sales tax to cover what policymakers have dubbed “the new economy” would bring in an estimated $1 billion to the state’s general fund over the upcoming two-year budget.

Democrats have pointed out that the digital sales tax began as Youngkin’s idea last December, when he pitched it as a way to modernize Virginia’s tax code as part of a broader tax reform package that included income tax cuts. Democrats have rejected the cuts, while keeping the expansion of the sales tax.

“He was the one who started the whole tax scheme, we just embellished on it a bit so that we could help pay for our priorities,” Sen. Louise Lucas, D-Portsmouth, the chairwoman of the Senate Finance and Appropriations Committee, told reporters Tuesday.

Democratic General Assembly leaders have stressed that they passed a balanced budget on time with bipartisan support before they adjourned the regular 2024 session on March 9. Youngkin has said he won’t sign a budget that translates to an overall tax increase and has indicated he wants to avoid the rare step of vetoing the entire budget.

With both sides seeming to dig in to their respective positions, it’s unclear how and when the impasse will be resolved. Lawmakers will return to Richmond on April 17 to take up Youngkin’s vetoes and amendments to the budget and other bills.

Looming over the dispute is Youngkin’s unsuccessful push to bring a professional sports arena to Alexandria that could serve as the future home for both the Washington Wizards basketball team and the Washington Capitals hockey team. Lucas has led a blockade of the project, preventing a bill that authorizes public financing of the arena from being heard in the Senate and opposing any consideration of the proposed arena in the budget.

If the two sides can’t come to an agreement on unfinished business at the April 17 reconvened session, the General Assembly may have to hold a special session under deadline pressure to pass a new budget by June 30, when the current one expires.

“The governor needs to sign our budget and stop threatening an unprecedented budget veto,” Locke said Tuesday.

Lucas said she feels “no obligation” to send the governor a budget tailored to his priorities after Democrats won majority control of the legislature last November.

“Because he’s going to be here for 18 months,” Lucas said, referring to the remaining time in Youngkin’s four-year term before he has to leave office. “I’ve got the rest of this session and then whatever years to go.”

At an unrelated event Monday, Youngkin said he hopes to be able to talk with Democratic negotiators on the budget but didn’t lay out any specific plan for doing so.

“I’ve reached out to leadership on the other side to invite a collaborative effort to come up with a compromise budget,” Youngkin said. “We’re just not going to have tax increases. And yet I still believe we can meet many of their priorities.”

Asked for his thoughts on the Democratic tour this week in response to his own tour, Youngkin said he hopes the other side is “being transparent with everyone about the tax increases.”

Unwinding the tax policies in the legislature’s budget could require a significant amount of money shuffling to end up with a plan that balances revenues and spending.

Lucas said she’s not interested in negotiating with Youngkin if it means helping him find parts of her budget plan that can be dropped.

“I am not going to own his cuts to my budget,” she said. “Plain and simple.”

by Graham Moomaw, Virginia Mercury

Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.