HJ582: Electronic government records; joint subcommittee to study feasibility of authenticating records.

HOUSE JOINT RESOLUTION NO. 582

Offered January 14, 2015
Prefiled January 10, 2015
Establishing a joint subcommittee to study the feasibility of authenticating electronic government records. Report.
Patron-- Surovell

Committee Referral Pending

WHEREAS, increasingly, government records have been made available online in order to promote the goals of facilitating access by the public to such records and demonstrating transparency in government; and

WHEREAS, the utility associated with the easier access to such records is directly related to the ability to ensure the accuracy and validity of such records; and

WHEREAS, ensuring the accuracy and validity of electronic records poses a particular challenge because of the possibility of alteration of the records; and

WHEREAS, technological means may currently exist that would enable the Commonwealth to verify the accuracy and validity of its electronic records the potential benefits of which may include allowing electronic records to be used as evidence in court proceedings; and

WHEREAS, the online authentication of electronic records would conserve taxpayer resources as employees of the Commonwealth and its political subdivisions could be removed from the process of certifying official records; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That a joint subcommittee be established to study the feasibility of authenticating electronic government records. The joint subcommittee shall have a total membership of 12 legislative members. Members shall be appointed as follows: seven members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates and five members of the Senate to be appointed by the Senate Committee on Rules. The joint subcommittee shall elect a chairman and vice-chairman from among its membership.

In conducting its study, the joint subcommittee shall determine whether the technological means exist to permit the authentication of electronic government records that are made available online. The joint subcommittee shall consider the benefits to the Commonwealth in providing authenticated electronic government records, including eliminating the need to respond to requests to authenticate specific records. The joint subcommittee shall also consider whether such authenticated records would be admissible as evidence in court proceedings.

Administrative staff support shall be provided by the Office of the Clerk of the House of Delegates. Legal, research, policy analysis, and other services as requested by the joint subcommittee shall be provided by the Division of Legislative Services. Technical assistance shall be provided by the Executive Secretary of the Supreme Court and the Virginia Information Technologies Agency. All agencies of the Commonwealth shall provide assistance to the joint subcommittee for this study, upon request.

The joint subcommittee shall be limited to four meetings for the 2015 interim and four meetings for the 2016 interim, and the direct costs of this study shall not exceed $22,560 for each year without approval as set out in this resolution. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint subcommittee and the respective Clerk. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required.

No recommendation of the joint subcommittee shall be adopted if a majority of the House members or a majority of the Senate members appointed to the joint subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint subcommittee.

The joint subcommittee shall complete its meetings for the first year by November 30, 2015, and for the second year by November 30, 2016, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the next Regular Session of the General Assembly for each year. Each executive summary shall state whether the joint subcommittee intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summaries and reports shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2015 or 2016 interim.