Four years after the Sept. 11, 2001, terrorist attacks, the flurry of legislation restricting access to public records has finally slowed. Many laws to curb information in the name of protection from terrorism remain on the books, however, and even more restrictions are being regularly proposed.

Generally, state legislatures meeting in 2005 continue to consider legislation affecting openness, but they are passing such legislation with much less frequency than in 2002, 2003, and 2004. In some cases, careful consideration has been given over time to the impact these laws will have on open government.

A few states are even beginning to roll back hastily passed measures in favor of a more tempered approach.

In Colorado, officials can no longer hide how they spend emergency preparedness funds, while Connecticut has seen a successful legal challenge to a security-related exemption claim in electronic Geographic Information System records.

However, many laws passed in response to terrorism still hinder public access to government. Federal laws affect state openness, too. In June 2005 the Homeland Security Department used the Critical Infrastructure Information Act of 2002 to designate a New Jersey township's electronic map records as information exempt from open records disclosure. The law was passed by Congress to encourage private industries to share infrastructure security information with the government by promising confidentiality for those records.

When the Sept. 11 attacks occurred, most state legislatures had either adjourned or neared the end of the 2001 session. Their first opportunities to address the terrorist attacks came in 2002. For states whose legislatures meet biennially, the first chance to pass new laws was in 2003.

Initially, many states considered creating their own versions of an Office of Homeland Security, to coordinate efforts with the federal government to prevent another terrorist attack. As the sessions progressed, legislatures focused on bioterrorism and what to do in a public health emergency, especially if and when people were sick or dying from anthrax exposure.

Enacted under the dubious assumption that states could guard themselves against terrorism by operating under a veil of secrecy, open record and open meeting law exemptions are the anti-terrorism legislation with the most negative impact on journalists. Ironically, no one has ever shown that open government played a material role in the Sept. 11 attacks.

States have enacted measures that would make secret any discussions of evacuation plans, emergency response plans, security measures or emergency health procedures in case of a terrorist attack, as well as the security plans and manuals themselves. Another common bill exempted from open records laws architectural drawings of city buildings and infrastructure, including utility plants, bridges, water lines, sewer lines and transportation lines.

Here are some of the bills that have been proposed, statutes that have passed, and controversies that have sprouted in the states as a result of the events of Sept. 11, 2001.

Alabama

• The state enacted significant legislation in the Alabama Homeland Security Act of 2003. It creates a state Department of Homeland Security and calls for the appointment of a department director, deputy director, possible assistant directors and a Homeland Security Task Force. Alabama was the first state to create this type of agency. (2003-276) At one point, the legislation contained itemized exemptions to the state's public records law. But in the final version, disclosure is subject to existing state and federal laws.

• A law was enacted in May 2004 that exempts records, information or discussions concerning security plans, procedures or other security-related information from disclosure under the state Open Records Law, Sunshine Law, Competitive Bid Law and Public Works Law. (SB 205)

• A 2005 bill replaced the state's 90-year-old open meetings law and contains an exemption for discussion of homeland security plans. Violations will result in fines of up to $1,000, plus attorney's fees, to be paid by the official(s) in violation, not the agency. No one had ever been prosecuted under the criminal provisions of the old law. The bill, signed by Gov. Bob Riley in March, voids state Supreme Court decisions that held the open meetings law did not apply to public corporations, or governmental bodies' committees or subcommittees. (SB 101)

Alaska

• A law exempts state infrastructure and security plans from disclosure. It was introduced at the request of then-Gov. Tony Knowles (D) in January 2002 and signed into law in June 2002. (SB 238; 2002 Alaska Sess. Laws 36)

• Alaska lawmakers passed a resolution adding public safety to the list of reasons they can use to exclude members of the public from legislative meetings. The exclusion, effective as of May 2003, allows closed discussions when public knowledge would adversely affect the security of the state, nation or government. (H.C.R. 7)

Arizona

• A 2003 law addressing "terrorism" concerns prohibits public disclosure of information about drinking water systems. (SB 1167)

• The Arizona Press Association lobbied in 2004 for better provisions in a bill setting procedures for classifying and disclosing confidential information currently required to be submitted to governmental agencies by the petroleum industry. It passed as an aggregate bill and did not require the governor's signature. (SB1275) Gov. Janet Napolitano (D) vetoed a second bill that would have set reporting requirements for petroleum-based motor fuel producers, sellers and pipeline transporters. (HB 2615)

Arkansas

• Gov. Mike Huckabee (R) signed into law a 2003 bill closing water system security records. The law sunsets in 2005. Its primary purpose is to protect the security of public water systems, such as reservoirs and pipelines. (Act 763)

• Another 2003 law allows water distribution boards to meet in executive session. (Act 1210)

California

• A law enacted in September 2002 limits access to meetings where there is discussion of matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities. It also permits closure for security personnel issues, such as the safety and delivery of essential public services such as drinking water, wastewater treatment and electricity. (AB 2645)

• Another law enacted in September 2002 makes it a crime for public officials to disclose information discussed in a closed meeting. (AB 1945)

• A bill to authorize the state to develop a plan in case of a public health emergency, included powers to collect and record data, to make certain individuals' health information accessible, and to take and use property as needed for the safety, care and treatment of individuals. It died in committee in November 2002. (AB 1763)

• A state body may hold closed meetings when faced with a threat or potential threat of criminal activity against state personnel or property, under a law passed in September 2002. (AB 2072)

• Meetings called in response to the threat of terrorism, considered by the law to be a "dire" emergency, may be held secretly pursuant to a law enacted in July 2002. It shortened the notification time for the media before emergency meetings take place. (SE 1643)

• In 2003, the assembly passed legislation exempting information about building safety from public disclosure. Language was removed from the bill that would have allowed closed sessions to consider matters that pose a threat of criminal or terrorist activity. The bill would have made secret public agencies' plans to lessen the threat of terrorism and information about facility security.

The bill was greatly reduced, however, later in the session by the Senate Judicial Committee. As amended in August 2003, it simply substitutes the word "public" for the word "local" in the existing California Public Records Act exemption added in 2002 that applies to "A document prepared by a local agency that assesses its vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency's operations and that is for distribution or consideration in a closed session." (AB 1209)

• A law that went into effect in January 2003 calls for a report on how to protect a public safety official's home information and broadens the subject matter meriting closed legislative sessions to include threats to drinking water, natural gas and electrical services. (AB 2238)

• Gov. Arnold Schwarzenegger (R) signed a bill in 2004 that seeks to increase public security by shielding information about government efforts to combat security threats. It exempts the following from public disclosure: vulnerability assessments that identify potential targets of terrorist attacks, plans for how public agencies will "mitigate the potential of terrorist or other criminal attacks," and any information related to facility security that "could be used to aid a potential terrorist or other criminal attack." (AB 1209)

• In 2004, the state legislature approved a constitutional amendment guaranteeing public access to government meetings and records. The measure was voted on in a statewide referendum in November, and passed with 83 percent of voters' support. California is now one of only a handful of states with detailed open government language in its constitution. A constitutional amendment must be approved by two-thirds majorities in the state Senate and Assembly (but does not require the governor's signature) and a majority of the voting public. (SCA 1)

Colorado

• Gov. Bill Owens (R) signed into law in 2003 a bill exempting from public disclosure certain records from the Office of Preparedness, Security and Fire Safety in the Department of Public Safety, including details of security arrangements or investigations. (HB 1335)

• Another 2003 law amends an existing statute that makes communicable disease reports and similar records confidential. Under the law, information can be released to the FBI, federal law enforcement agencies or prosecutors if necessary to investigate or prosecute bioterrorism. (HB 1026)

• After state legislators and local governments spent more than two years struggling to operate under many of the secrecy provisions passed in response to the 2001 terrorism attacks, Colorado legislators enacted a law in 2005 to dilute some of the secrecy. Under the new law, Colorado can no longer completely obscure how it spent $130 million in homeland security grants from the federal government. Though security investments are now open, the law still allows some records posing a threat to health and security to be withheld. (SB 131)

Connecticut

• A law signed in June 2002 provides that procedures for sabotage prevention and response will not be available under the Freedom of Information Act. It specifically addresses water supply infrastructure and applies to all large water suppliers. It outlines the need for a water-source assessment plan and a determination on how susceptible that water is to contamination. (HB 5153; 2002 Conn. Acts 02-102 (Spec. Sess.))

• A House bill proposed to give power to the governor to declare a public health emergency, and power to the Public Health Commissioner to implement any procedures necessary to deal with the emergency. Any emergency response plan would not be subject to the FOI Act. The bill died in committee in 2002. (HB 5286)

• A House bill would have created a biological agents registry, requiring all persons who possess biological agents to register with the state. It exempted the registration from public access. The bill died in committee in 2002. (HB 5288)

• Representatives also proposed legislation giving heads of any division of the state broad discretion to exempt from disclosure any records that they have "reasonable grounds to believe may result in a safety risk." They would include security plans and architectural drawings of the infrastructure, such as bridges, sewer lines and water lines. The bill died after a public hearing on March 6, 2002. (HB 5624)

• Another law exempts certain security information and records from the FOI Act. It prohibits disclosure of security manuals and drawings, engineering and architectural drawings of government buildings, and training manuals that include security procedures. It was signed into law by then-Gov. John Rowland (R) on June 13, 2002. (HB 5627; 2002 Conn. Acts 02-133 (Spec. Sess.))

• A Senate bill would have given the chair of the Public Utilities Control Authority discretion to exempt from disclosure any records that relate to the security and emergency plans of utility companies that he has "reasonable grounds to believe may result in a safety risk." These records also include architectural drawings of utility plants. The bill passed the Senate and was introduced in the House, but died in April 2002. (SB 486)

• Legislation affecting geographical information system data was discussed in 2003 in a public hearing, but received no further attention. As written, the proposal would have exempted from the FOI Act disclosure of data concerning privately owned residences and buildings. (HB 5014, 5039)

• The Connecticut Supreme Court ruled in June 2005 that the Town of Greenwich, Connecticut, must release electronic maps, or Geographic Information System data, to an open records requester despite the town's claim that the information could compromise public safety. "Generalized claims of a possible safety risk" are not enough to satisfy the government's burden of proof on an exemption claim, Justice Christine S. Vertefeuille wrote for the unanimous majority.

@@@Delaware

• A law amends the Delaware Freedom of Information Act exempting information that could jeopardize the physical safety of state residents. Exempted records include emergency response procedures, vulnerability assessments, and building plans and blueprints. It was introduced May 8, 2002 and signed into law by Gov. Ruth Ann Miller (D) on July 3, 2002. (SB 371; 73 Del. Laws 354 (2002))

• In March 2004, the Senate passed a bill to extend whistle-blower protection to private-sector employees. Such protections are already available to government workers. (SB 173) The bill is awaiting action in the House, and applies to all part-time and full-time workers, including independent contractors. The bill would protect any worker from being fired, threatened or discriminated against for reporting that a violation of a state or federal law had occurred or is about to occur.

District of Columbia

• A bill known as the "Omnibus Anti-Terrorism Act of 2002" exempts from the city's Freedom of Information Act and any other publication requirements all response plans and any vulnerability assessments intended to prevent or mitigate a terrorist attack. The measure also defines the crime of terrorism and sets up a response plan to deal with threats of bioterrorism. The measure was passed in April 2002. (B14-0373)

Florida

Because of the high number of anti-terrorism bills passed in special sessions prior to the 2002 regular session, the list below is but a sampling of the most recent legislation in Florida.

• A Senate bill proposing to expand an existing exemption to the state FOI law to cover threat assessments, threat-response plans, emergency-evacuation plans and manuals for various security measures was withdrawn in January 2002, but its companion bill was signed into law on April 22, 2002. The Senate proposal would have closed any portions of meetings that would reveal security system plans. Another failed Senate bill would have exempted building security plans from disclosure. (S 486, S 982, H 735; 2002 Fla. Laws ch. 67)

• A House bill proposed to exempt any emergency management plans that detail the response of public and private hospitals to a terrorism threat. The exemption includes any security systems, vulnerability analyses, sheltering arrangements and drug caches. The measure died on March 22, 2002, in the House Committee on State Administration. (H 729)

• Because of the apparent interest of terrorists in bioterrorism and in aircraft used in the aerial application of pesticides and fertilizers, Senate and House bills proposed to exempt all restricted-use pilot license numbers from the public records laws. The bills also would have exempted all flight plans until 24 hours after a flight is completed. The measures died on the Senate and House calendars on March 22, 2002. (H 731, S 970)

• A bill that originated in the House attempted to exempt information on the type, location or amount of pharmaceutical materials in a depository maintained by a state agency as a response to an act of terrorism. However, it would have required that the certification of the sufficiency of the amount or type of pharmaceutical material remain an open record. The bill died in the House Committee on State Administration on March 22, 2002. (H 733)

• Senate and House bills would have expanded wiretapping powers for crimes of terrorism. Although these bills died in committees in March 2002, a comparable bill, HB 1439, was passed on April 22, 2002. (S 446, H 725; S 1774, H 1439, 2002 Fla. Laws ch. 72)

• A Senate bill would have required law enforcement agencies to coordinate efforts to combat terrorism. It would have exempted information and records shared with another federal, state or local agency. The bill died in January 2002. (S 450)

• A Senate bill proposed creation of a public records exemption for emergency response plans for public or private hospitals during acts of terrorism. It also would have closed any portions of meetings that would reveal such plans. The bill died in the Committee on Criminal Justice in March 2002. (S 488)

• Another Senate bill proposed creation of a public records exemption for pharmaceutical depositories maintained in response to terrorism. Any certification to the amount of the pharmaceutical or the security of the depository would not have been included in the exemption. This bill was withdrawn from consideration shortly after it was introduced in January 2002. (S 490)

• The Senate also considered creation of a public records exemption to ease transmission of public documents between law enforcement agencies. Only public documents that related to an active investigation would be exempt. The law enforcement agency would have had the responsibility to tell the custodial agency that the investigation was no longer active. The bill was withdrawn shortly after it was introduced. (S 492)

• A Senate bill would have allowed the Florida Department of Law Enforcement to automatically delay access to public records normally open to inspection and copying for up to seven days when there was a viable threat of terrorist attack. The department would have been required to show evidence of the threat and that inspection or copying of the record would jeopardize the investigation. It was withdrawn shortly after it was introduced in January 2002. (S 494)

• Several so-called "shell bills" that have no specific language attached to them were introduced in March 2003 on subjects including wastewater treatment, public utilities, seaport security, transportation security and identity theft.

• 2003 legislation re-enacts, with minor changes, a law stipulating that when the Accidental Release Prevention Program under the federal Clean Air Act allows a "stationary source" to exclude trade secret information from its risk management plan, the owner or operator must provide such information to the State Hazardous Materials Emergency Response Commission upon request, and prove that such information, when held by the Department of Community Affairs, is exempt from public disclosure. It also exempts trade secret information held by DCA in the process of conducting an inspection, audit or investigation pursuant to the federal Clean Air Act until a determination has been made by the Administrator of the Environmental Protection Agency that such information is no longer entitled to trade secret protection. (HB 2003-103)

• Legislators will find it more difficult to pass new exemptions to state public record and Sunshine laws under a 2003 amendment to the Florida Constitution. Article I, Section 24 -- the right of access to information -- was amended to require a two-thirds majority approval in each chamber for any exemption to open records laws.

Georgia

• A Senate bill would have required most state agencies to prepare a safety plan to address the threat of terrorism and detail agency response to such a threat. It would have exempted from disclosure all information related to site surveys, or safety and vulnerability assessments of public buildings and facilities. The bill died in April 2002. (SB 365)

• A law signed by then-Gov. Roy Barnes (D) on May 16, 2002, grants the governor and the state public health department power to declare a public health emergency in bioterrorism cases. It authorizes the public health agency to require notification to the state health department of certain illnesses or unusual prescription trends. All reports are required to be confidential and not released to the public except when the state health department chooses to release a statistical report. (SB 385)

• In 2002, a Senate bill failed that would have protected records about the security of government facilities during a terrorist attack. It would have exempted government records, including all documents, papers, letters, maps, books, tapes and photographs maintained by the governor, the lieutenant governor, and each member of the General Assembly or any other person acting on their behalf. (SB 396)

• A 2003 House bill made records that would assist terrorists exempt from disclosure. These include security plans, vulnerability assessments for certain types of facilities, and various blueprints. Meetings where security measures are discussed would also be kept closed. (HB 384)

• A new sweeping terrorism-related exemption to Georgia's open records and meetings law took effect June 4, 2003; the legislation closes meetings when security-related documents are discussed. Documents made confidential under the law include security plans and vulnerability assessments for any public utility, building or function; plans for preventing attacks; documents revealing the existence, nature and location of security devices; and "any plan, blue print or other material" that, if made public, would compromise security. (SB 113)

• Records of farm water use will be private under a 2004 measure closing records of water use procedures and monitoring. (SB 436)

Hawaii

• A bill introduced in the House attempts to define terrorism, unlawful possession of biological, chemical and nuclear weapons, and the penalties associated with these various crimes. Terrorism was broadly defined as attempting to "terrorize" five or more people or attempting to influence government policy using terror. The bill carried over to the 2004 legislative session, but was not acted on. (HB 1123)

@@@Idaho

• A House bill would have exempted from disclosure records that provide detailed evacuation plans and emergency response plans, the release of which would "have a likelihood of threatening public safety." The bill did not make it through the House in 2002. (HB 457)

• Another House bill proposed giving courts the discretion to exempt records from disclosure requirements if the custodian was able to show with clear and convincing evidence that the release of the document would constitute a threat to the public safety or to the health or safety of an individual. The custodian also would need to prove that the interests favoring restriction of access clearly outweigh interests favoring access. Although this bill passed in the House, it did not make it through Senate committees in 2002. (HB 459A)

• The state enacted legislation that exempted from disclosure evacuation and emergency response plans of buildings, facilities, infrastructures and systems held by or in the custody of any public agency -- but only when the disclosure of such information would jeopardize the public safety. The bill was signed by Gov. Dirk Kempthorne (R) on March 4, 2002. (HB 560; 2002 Idaho Sess. Laws 62)

Illinois

• A House bill attempted to exempt from the open meetings act all discussions of homeland security issues, including terrorism response planning and procedures. After a few amendments, the bill was tabled in July 2002. (HB 4411)

• A Senate bill exempting computer geographic system information from the state's Freedom of Information Act became law on July 11, 2002. (SB 1706; P.A. 92-0645, eff. July 11, 2002) In June 2003, an exemption allowing media access to the information was added. (SB 539, eff. July 1, 2003)

• A 2003 law allows for closed meetings to consider security procedures that prevent public danger. (HB 105)

• Another 2003 law exempts from public copying and inspection architects' plans and engineers' technical submissions of specified utility, transportation, public and government facilities. (SB 1034)

• Legislation enacted in early August 2003 exempts from public inspection and copying some construction documents, vulnerability assessments, security measures, response procedures and maps showing the location of utilities. (HB 954, enrolled as Public Act 93-0422)

Indiana

• The major issue regarding the state's access laws in the 2002 session concerned the veto of a bill that would have exempted the legislature entirely from the public records act. Then-Gov. Frank O'Bannon (D) vetoed the bill, which had been passed by large majorities during the previous legislative session. (HB 1038)

• A 2003 law covering various public record matters gives public agencies the authority to decide whether the "public disclosure of a record or a part of a record has reasonable likelihood of threatening public safety and exposing vulnerability to terrorist attacks." (HB 1935)

Iowa

• A law allows state agencies to close meetings when discussing information contained in the records of public airports, municipal corporations, utilities and water districts that could potentially jeopardize the public health and safety of the citizens. These confidential records include vulnerability assessments, security response plans, and architectural drawings and diagrams. The records would also be exempt from any disclosure requirements under the public records laws of the state. The bill was signed into law by Gov. Tom Vilsack (D) on April 8, 2002. (SF 2277; 2002 Iowa Acts 1076)

• School security procedures and emergency preparedness information must be kept confidential if disclosure could reasonably be expected to jeopardize student, staff or visitor safety, under a measure signed into law on April 1, 2002. (HF 2151; 2002 Iowa Acts 1038)

• A bill was introduced in the House that would have made government security procedures or emergency preparedness information confidential if disclosure could reasonably be expected to jeopardize government employees, visitors, persons or property. According to the Iowa Newspaper Association, the information is already adequately protected by homeland security legislation adopted in 2002. The bill failed to make it out of the State Government Committee in 2004. (HSB 640)

Kansas

• A law was passed that exempts from disclosure records that "pose a substantial likelihood of revealing security measures" that protect utility, sewer treatment, water and communication systems from criminal terrorism. The law was signed by then-Gov. Bill Graves (R) in May 2002. (S 112)

• A bill was signed into law by Gov. Kathleen Sebelius (D) in April 2003 that allows energy companies to recover terrorism-related expenses and makes information about how the utilities are spending the money confidential. When an electric or gas utility company requests a rate increase from state regulators, the regulators are required to keep confidential information about the amount of recovery requested and the amount of recovery allowed. Any increase in rates for security costs is also unidentifiable on a customer's utility bill. (HB 2374)

• All existing exceptions to the Open Records Act are under review. The more than 360 exceptions are scheduled to expire in July 2005 unless the legislature re-enacts them.

• Exemptions from the open meetings and open records acts for a broad range of "security measures" -- including public infrastructure and private property or personal security -- were passed by the House in 2004, but did not make it out of committee after being referred to the Senate. (HB 2489, HB 2490)

Kentucky

• Senators proposed amendments to the open meetings law that would have allowed the closure of meetings when secure records are discussed. The bill would have exempted from the open records law security matters such as hospital emergency plans, public agency communications plans, airport security plans and security system plans for public agencies. Introduced in the Senate on Jan. 25, 2002, the bill did not survive committee hearings. (SB 136)

• A House bill would have established the state's emergency disaster response program, called the Division of Emergency Management, to deal with issues relating to chemical and biological terrorism. The measure did not pass in 2002. (HB 199)

• A bill created a Task Force on Homeland Security, which has been assigned to study ways to increase the security of records related to the war on terror. These include compiling critical infrastructure lists, vulnerability assessments, protective measures, counter measures and needs assessments. The task force was required to report its recommendations to the legislature on Nov. 15, 2003. (03 RS BR 818)

• The House unanimously passed a "homeland security" exception to the state Open Records Act for "public records the disclosure of which would have a reasonable likelihood of threatening the public safety by exposing a vulnerability in preventing, protecting against, mitigating or responding to a terrorist act." The Senate amended the bill to allow the University of Louisville to withhold the names of donors, and the bill died when it was sent back to the House in 2004. The bill is expected to be reintroduced without the Senate amendment when the legislature meets again in January 2005. (HB 188)

• Gov. Ernie Fletcher (R) signed a bill in 2005 allowing an exemption to the state's open records for documents such as "vulnerability assessments" and an open meetings law exemption for discussions about homeland security issues. (HB 59)

Louisiana

• A law signed by then-Gov. Mike Foster Jr. (R) in April 2002 outlines the state's anti-terrorism measures. It exempts from disclosure any record or information pertaining to security procedures, vulnerability assessments or any criminal intelligence information pertaining to terrorist activity held by a state agency or water utility company. (HB 53; 2002 La. 128)

• In 2003, Foster signed into law an exemption from disclosure for records containing information about security procedures, criminal intelligence information (if it pertains to terrorist-related activity), or threat or vulnerability assessments created, obtained or collected in the prevention of terrorist activity. Originally, all records "pertaining to" security procedures would have been exempt from public records laws. The Louisiana Press Association worked to amend the bill to apply only to records "containing" this type of information. (Act 413)

• Legislation that exempts certain pipeline security procedures from public records laws was also enacted in 2003.(Act 658)

• Another 2003 law makes confidential all security and safety plans for ports and privately owned or operated facilities, vessels and fleets as "security sensitive information." Additionally, information related to such plans or related vulnerability assessments is exempt from the public records requirement. (Act 667)

@@@Maine

• A law exempts information regarding security plans or procedures of agencies of state and local government from the definition of public records in the freedom of access laws. The measure was signed into law by then-Gov. Angus King (I) on April 11, 2002. (LD 2153; P.L. 675)

Maryland

• A law passed on April 9, 2002, that authorizes a custodian to deny access to a public record if access would endanger the public. (SB 240; HB 297; 2002 Md. Laws 3)

• Another law creates a Biological Agents Registry program, which would require any person who possesses a particular biological agent to report to a central state registry. It also exempts the registry information from the open records act. The law was signed by then-Gov. Parris Glendening (D) on May 6, 2002. (HB 361; 2002 Md. Laws 361)

• Bills in each house were proposed to deny the inspection of specific information in a public record that relates to specified water and wastewater system plans, emergency response plans, communication and security systems, essential personnel and building plans of specified public buildings. The proposed legislation provided judicial review for those who are denied inspection of a specified public record and also established a specified burden of proof in certain cases. The Senate version was withdrawn in March 2002. The House version failed as well. (HB 916; SB 720)

• The Maryland Security Protection Act of 2002, which expands pen registers and other wiretapping provisions, was enacted in April 2002. It gives any nuclear power plant facility license holder the ability to authorize a security officer to stop any person whom they have reasonable grounds to suspect trespassed on the premises. (HB 1036; SB 639; 2002 Md. Laws 100)

• The Maryland Security Council was established under law and requires state agencies to cooperate with the council under certain circumstances. The Senate version was signed into law on April 9, 2002. (HB 305; SB 242; 2002 Md. Laws 4)

• A proposed bill required those who store hazardous waste to analyze their security measures and implement any improvements that may be necessary. These analyses, to be submitted to the state, would have been exempt from disclosure. The bill received an unfavorable report by a House committee in April 2003 and no further action was taken. (HB 796)

• A 2003 law allows a custodian of public records relating to public security to withhold information on any building owned or operated by the state or any of its political subdivisions. (SB 733)

• Legislators enacted a measure, signed into law by Gov. Robert Ehrlich on May 11, 2004, amending the Public Information Act to exempt personally identifiable information about those who maintain an alarm or security system at their home or office. (SB 377)

Massachusetts

• A law signed by then-Gov. Jane Swift (R) on Sept. 5, 2002, exempts from public release blueprints of certain buildings, security measures, emergency preparedness plans and vulnerability assessments, the disclosure of which, in the judgment of the record custodian, would be likely to jeopardize public safety. (Bill 2122)

• Proposed legislation in 2003 would close a catalog of biological agents listed in a biohazard registry (SB 511) and information in an environmental illness registry (SB 695). Both bills were referred to and remained in committees throughout 2004.

Michigan

• A Senate bill would have exempted from disclosure any information relating to the records or information of security measures, including emergency response plans, risk planning documents, threat assessments, domestic preparedness strategies, and capabilities and plans for responding to acts of terrorism or similar threats. The bill passed both the House and Senate by mid-December 2001, after which point it died in the Judiciary Committee. (SB 933; Amends sec. 13 of 1976 PA 442)

• A law exempts from disclosure any information relating to the state's critical infrastructure, or anything that would have a debilitating impact on the security and welfare of the state. It was signed by then-Gov. John Engler (R) on April 9, 2002. (HB 5349; 2002 Mich. 130)

• A proposal introduced in the Senate in 2003 would increase penalties for violating the state's Whistleblowers Protection Act. It was referred to committee on Jan. 30, 2003, and no further action was taken. (SB 127)

• On Oct. 21, 2003, Gov. Jennifer Granholm (D) signed into law a bill that makes search warrants public information after 56 days. (HB 4715)

Minnesota

• A proposed House bill would have authorized the closure of meetings in which security issues-- any related briefings, vulnerability assessments, and emergency response preparedness -- are discussed. However, any discussions of financial decisions relating to security measures were required to be discussed at an open meeting. The measure died shortly after it was introduced in 2002. (HF 2849)

• Gov. Tim Pawlenty (R) signed a bill in 2004 that permits public bodies to close meetings when receiving security briefings and reports. Any meeting involving the discussion of security systems, emergency response procedures and security deficiencies, or recommendations regarding public services, infrastructure and facilities can be closed if disclosure of the information would pose a danger to public safety or compromise security procedures or responses. However, all financial issues related to security matters must be made open to the public. (SF 1889)

Mississippi

• Mississippi's legislature tried to pass an anti-terrorism bill that would have defined terrorism and set up an emergency response system to coordinate with the federal government. No provisions that would affect public records laws were included. It died in committee in February 2002. (HB390)

Missouri

• A House proposal would have exempted from disclosure existing or proposed security systems for any building or property owned or leased by the government. Such records may include photographs, schematic diagrams or recommendations made to analyze or enhance security of the building or property. The bill died in April 2002. (HB 1445)

• A law expands the emergency powers of the governor when there is a major natural or man-made disaster, an act of biological terrorism or an imminent threat of a disaster. It was signed by then-Gov. Bob Holden (D) on July 1, 2002. (SB 712)

• A House bill would have authorized closed meetings any time security measures and response plans to prevent terrorism or contamination of water supply systems are discussed. The measure was introduced in December 2001; the bill died on Feb. 20, 2002. (HB 1098)

• A Senate bill would have established the Joint Committee on Terrorism, Bioterrorism and Homeland Security. This act also would have added an exemption to the Sunshine Law, allowing closure of meetings and records regarding specific information on certain terrorism readiness issues. Discussions of financial decisions relating to security measures would not be considered closed. It died on the House calendar in May 2002. (SB 1112)

• A Senate bill would have let public safety officials shield from the public all emergency response plans, procedures and protocols developed in case of an attack by terrorists or criminals. This bill was the subject of a committee hearing in late February 2003, but no further action was taken. (SB 411)

• In the first major improvement to the state's Open Records Law and Open Meetings Law since 1998, Holden signed a bill in 2004 granting the public broad access to electronic records and "virtual" meetings. Legislators responded to changes in communications technology by expanding the definition of "public meetings" to include conference calls, video conference calls, Internet chat rooms and online message boards, as well as requiring public access to computer records and digitized government data, including e-mail messages. The law also toughens penalties for violations of the state's sunshine laws by significantly increasing fines and lowering the burden of proof for potential plaintiffs.

The new law includes homeland security exemptions for records outlining operational policies developed by first responders -- police, fire and ambulance personnel -- and information voluntarily submitted by non-public entities, such as private utility companies, to state or local governments about the security of their infrastructure. (SB 1020)

Montana

• A proposed bill would have banned the release of publicly held information if federal law prohibits its release. The information could also be withheld if public safety, the safety of an elected official or privacy rights would be threatened if the information were released. The bill passed the Senate, but died in committee in April 2003. (SB 142)

Nebraska

• The Emergency Health Powers Act would have provided public access to individual health information in cases of emergency. In some cases, it also would have given the government the power to confine individuals who are infected with a contagious disease or reasonably believed to be infected. Further discussion on the bill was postponed indefinitely in April 2002. (LB 1224)

Nevada

• A proposed bill defined terrorism broadly as including violent acts intended to coerce or intimidate civilian populations or influence government policy. The bill also set tough new penalties for the crime of terrorism. The time limit for action to be taken on the bill expired. (SB 38)

• An anti-terrorism law enacted in 2003 allows the governor to declare certain records confidential if they were prepared to prevent or respond to a terrorist attack and their release would substantially threaten the public's safety. The law covers records that reveal the susceptibility of fire and law enforcement stations, the critical infrastructure for storing and transmitting energy, details of a specific emergency response plan, response agency procedures for reacting to attack, special equipment used in emergency operations, and the security of radio-transmission frequencies used by response agencies.

Reports on any records declared confidential must be submitted to legislators along with the reason they are confidential. The law also creates a state commission on homeland security that can hold closed meetings to receive security briefings and discuss emergency-response procedures and security deficiencies. (A.B. 441)

• A bill that would have created an open meetings exemption for local government boards to discuss terrorism issues was killed in the Nevada Assembly by a vote of 24-17 in 2005. The Nevada Press Association and the ACLU had fought the measure, arguing that the closed-door meetings were not necessary and that the bill's vague language would close too many meetings that should remain open. (SB 115)

New Hampshire

• A law exempts matters pertaining to terrorism or to preparations for emergency functions from the state's law requiring that minutes of all nonpublic meetings be disclosed within 72 hours. The bill was signed by then-Gov. Jeanne Shaheen (D) in 2002. (HB 1423; 2002 N.H. Sess. Laws. 222)

New Jersey

• Then-Gov. James E. McGreevey (D) signed an executive order July 9, 2002, that allowed government agencies to exempt from disclosure 483 categories of public records in order to protect the state from terrorists or to protect privacy. The order came a day after the state's revised Open Public Records Act went into effect.

The act had opened up records in what was considered one of the most difficult states to get access to government information. (Executive Order 21) After protests from state open-government advocates, McGreevey amended the order the next week to limit the closures to about 80 categories. (Executive Order 26)

• After New Jersey resident R. Bradley Tombs requested a copy of Brick Township's electronic Geographic Information System (GIS) data, the township submitted the records to the federal Homeland Security Department ("DHS") for designation as protected critical infrastructure information ("PCII") under the Critical Infrastructure Act of 2002 (the "CII Act"), which exempts PCII from state open records law disclosure requirements. DHS approved the designation in June 2005. The CII Act's primary purpose is to encourage private industry to share information with the government pertaining to the security of the nation's infrastructure.

New Mexico

• A new law went into effect July 30, 2003, that creates a public records exemption for "tactical response plans." It covers response plans of the state and its political subdivisions that could reveal vulnerabilities, risk assessments and emergency security procedures. (§14-2-1; HB 254)

New York

• A Senate measure would have denied access to any materials obtained or compiled in terrorist activity investigations at the discretion of the Office of Public Security. The measure failed to pass in 2002. (S 6906)

• Two bills in the House and Senate attempted to exempt from disclosure information relating to critical infrastructure, such as electric lines, natural gas, steam or telecommunications systems. The measure passed the Senate but died in a House committee in 2002. (A 9841; S 6077)

• In September 2003, New York's Counter-Terrorism Network moved to a nondisclosed location. The network disseminates confidential "terrorism-related" memorandums to police, health, education, fire and emergency personnel, and has been criticized as a method of weakening public accountability and keeping information from being disclosed under New York's freedom of information laws.

• Gov. George Pataki (R) signed a law in 2004 requiring operators of power generation and transmission facilities to report their ongoing security efforts to the state. The bill makes the reports subject to the state Freedom of Information Law, even though the law allows for the shielding of certain documents in the interest of public health and safety. (A 9718)

• The Senate introduced a bill in 2004 requiring all nonprofit corporations to be subject to freedom of information and open meetings laws. However, records identified as a public security threat by the Office of Public Security or the state police would not be subject to the freedom of information law and the open meetings law. (S 06459)

• The New York City police and health departments struck an accord with the FBI in November 2004 promising to keep victims' sensitive medical data confidential in case of a biological attack. The new set of rules reflect the novel nature of joint law enforcement-health professional investigations. Health professionals, of course, have a long history of protecting medical history data that identifies a patient by name.

• In a decision made public March 24, 2005, the New York Court of Appeals ruled that New York City employee interviews about Sept. 11 must be released to the public, with redactions for potentially painful and embarrassing details. In the same opinion, the court ordered the disclosure of portions of the city's emergency response dispatches that day, and one side of 911 calls -- the operators' voices. The tapes were requested by The New York Times.

• New York authorities responded to The Journal News's freedom of information request for bridge safety reports in June 2005 with near-total redactions, and a complete refusal to produce a 10-volume inspection report. The New York Thruway Authority said that terrorists might be able to use the information to carry out an attack.

North Carolina

• A House bill would have established a procedure for the state to prepare for a public health or bioterrorism emergency. It requires confidentiality of all health records, but allows release to other state agencies to prevent or control a public health threat or to help investigate an act of terrorism. The measure failed to pass in both houses in 2002. (H 1508; S 1166)

• The General Assembly passed a measure that adds exemptions to state public records laws for security purposes. The law, signed by Gov. Mike Easley (D) in June 2003, excludes vulnerability assessments and other documents that could jeopardize safety and security. The law also adds a ninth exemption to the state's open meetings law, allowing closure of a meeting to discuss plans to protect public safety relating to terrorist activities. (Ch. SL 2003-180)

North Dakota

• Critical infrastructure, security plans and certain public health information are exempt from disclosure under a law signed by Gov. John Hoeven (R) in March 2003. (HB 1143)

• A bill proposed in 2005 by Rep. John Nelson (R-Wolford) but not enacted would have exempted cattle feedlot permit application information from open records law for fear that terrorists might use the data to upset food supply. (HB 1464)

Ohio

• A law signed by Gov. Bob Taft on May 7, 2002, allows agencies to hold executive sessions when dealing with emergency response procedures under certain situations. It exempts from the definition of a public record all records that relate to security or infrastructure. (SB 184)

• A law was passed in 2004 that gives state public health officials the authority to keep some information secret during health investigations of the suspected origins of bioterrorism attacks. The law allows the health department to shield the identities of people or businesses under investigation until the case is completed. In cases that require lengthy investigations, preliminary details can be released every six months. Statistical and aggregate data are immediately available. (HB 6)

• State officials responsible for public records access changed the state's long-standing policy of making birth and death records readily available in 2004 after the Department of Homeland Security and the New Orleans Passport Agency told them that over-the-counter access to such records allowed terrorists and criminals to easily commit identity theft. The changes include requiring formal requests and hefty fee increases to see records.

• The city of Parma implemented, and then immediately dropped on June 7, 2004, a policy of recording the names and descriptions of open records requesters. The policy was adopted to help police identify people who might use public records to commit crimes. It was dropped after a Cleveland Plain Dealer reporter -- the first person to be affected by the policy -- complained.

Oklahoma

• Legislation signed by Gov. Brad Henry (D) in May 2003 exempts discussions of vulnerability assessments of government buildings and terror response plans from release. Terror investigations also would be kept confidential. (SB 395)

• A 2003 law allows a government body to hold an executive session or close records pertaining to the discussion of terrorist plans or protection against terrorist attacks. (SB 395)

• Legislation adding print and electronic media to the state's Whistleblower Act was also signed into law in 2003. The provision prohibits disciplinary action against an employee who talks to the news media before first notifying a supervisor or someone in the employee's chain of command. (HB 1058)

• The Homeland Security Act was amended in 2004 to strip the state Homeland Security Department of its exemption from complying with the open meetings and records acts. (HB 2280)

• The governor on June 5, 2005 signed into law a significantly improved version of a bill which originally created an exemption for almost all state homeland security records. In its final form the law still weakens the state's open records law, allowing all records maintained or generated by the office that involve the federal Department of Homeland Security to be withheld. But the law declares that certain information is open, including records involving the expenditure of public funds and the office's fundamental administration. The bill also allows the Office of Homeland Security not to release records that include "confidential private business information or an individual's private records." (SB 28)

Oregon

• A bill signed into law by then-Gov. John Kitzhaber on July 1, 2002, expands security exemptions to Oregon's open records and meetings law. The previous law exempted only law enforcement plans that deal with threats to individual or public safety. The new law expands the security exemption to the records of all public bodies.

The law also exempts from the public record information about security programs for sources of energy, communications and dangerous substances. Under the law, discussions about security matters can take place during a closed executive session. Oregon journalists can attend the sessions closed to the public, but are not permitted to publish information learned there. The intent of this provision is to allow reporters to challenge in court any inappropriate use of the executive session exemption. (HB 2425)

Pennsylvania

• A House bill would have established a state Office of Homeland Security and would have given authority to the agency to develop criteria for certain records, maps or any other information the agency deems necessary to keep out of the public domain. The measure died in committee in 2002. (HB 2483)

• A bill that passed the House in 2005, but not the Senate, would have prevented agencies from releasing information that would indicate vulnerabilities to terrorists, but used extremely broad language. (HB 854) Another act would have shrouded all information about buildings mapped as part of a statewide first responder information system. (HB 46)

Rhode Island

• A Senate proposal would have exempted any plans, assessments or security measures related to publicly owned or publicly operated biological, nuclear, incendiary, chemical or explosive facility. The bill died shortly after it was introduced on Jan. 29, 2002. (S 2324)

• The House passed a bill in 2003 prohibiting the disclosure of vulnerability assessments for particular locations and records containing security system designs for public water supplies, building air-handling systems, and food establishments. It is much narrower than the original measure. Initially, the measure established public records exemptions for "information developed and/or adopted as security measures and response procedures and capabilities designed to protect public health, welfare and safety of citizens against terrorism." That bill had the potential of closing down many public records in the state. Changes were made after members of the Rhode Island Press Association testified before the general assembly. The bill was referred to a Senate committee. (HB 5862A)

• In 2004, Gov. Don Carcieri (R) withdrew a Homeland Security Plan bill that was widely criticized by civil libertarians, including the ACLU, as a threat to free speech. The bill would have made it illegal to speak or print any language in "defiance or disregard" of the state and federal constitutions. The bill would have expanded a law on the books since World War I that makes it illegal to "teach or advocate anarchy or the overthrow by force or violence" of the state and federal governments.

Carcieri's proposal would have revised the law to include the term "terrorism," defined in the bill as anyone who advocates destroying government property. The withdrawn bill would have also allowed business owners to withhold from public view records that show whether they have "fire protection equipment, [and] mandatory building emergency equipment" required under the state's Fire Safety Code. Additionally, the bill would have required school committees to develop annual "school safety audits" for every public school. The committees could then withhold portions of the audit unless a catastrophic event necessitates release of the complete audit.

South Carolina

• The "Omnibus Terrorism Protection and Homeland Defense Act of 2002" criminalizes aid to a terrorist or terrorist organizations, increases penalties for various terrorist activity (including contamination of agricultural crops and livestock through biological or chemical agents), and increases the government's power to conduct roving wiretaps. It was signed by then-Gov. James Hodges (D) on July 2, 2002. (H 4416; 2002 S.C. Acts 339)

South Dakota

• A law signed by then-Gov. William Janklow (R) on Feb. 25, 2002, clarifies the crimes included in "terrorist acts" and increases the penalties for crimes that are committed with terrorist intent. (HB 1305; 2002 S.D. Laws 103)

• The South Dakota Newspaper Association and other groups successfully reduced the scope of a bill restricting public access to vital records in an effort to address concerns about identity theft and homeland security before it was signed into law by Gov. Mike Rounds (R) in February 2005.

Tennessee

• Two bills, one in each house, would have criminalized any distribution or delivery of biological warfare agents, chemical warfare agents, nuclear or radiological agents as an act of terrorism or as a hoax. Neither measure passed in 2002. (SB 2492; HB 2585)

• Two bills, one in each house, proposed to make confidential any plans made by law enforcement agencies in response to, or to prevent, any act of violence at a business or school. Both bills died in early February 2002. (SB 2811; HB 2661)

• The "Terrorism Prevention and Response Act of 2002" was enacted after several proposals were introduced to expand the crimes of terrorism to include possession or manufacture of a biological or chemical warfare agent, and increase the penalties for the crime of terrorism. HB 3232 was signed by then-Gov. Donald Sundquist (R) on July 9, 2002. (SB 2574, HB 2545; SB 3192, HB 3232, 2002 Tenn. Pub. Acts 849)

• Tennessee's General Assembly amended 2002 anti-terrorist legislation that exempted from the state public records law any public utility documents that would identify areas of vulnerability or would permit disruption or interference with utilities. The 2003 amendment states that the exemption should not limit government access to the records or prevent government agencies from allowing public access to the records during the course of an official function. (Pub. Ch. 295)

Texas

• Records collected for the purposes of emergency management or disaster planning would have been exempt from disclosure if the person in possession of the information believes that disclosure would interfere with implementation of the emergency management or disaster plan. This bill was sent to a House committee in 2003, but no further action was taken. (HB 437)

• A bill would have permitted boards of hospitals to meet secretly to discuss details of emergency response plans for terror attacks and natural or man-made disasters. This bill was sent to a Senate committee in January 2003, but no further action was taken. (SB 152)

• An expansive homeland security bill was signed into law by Gov. Rick Perry (R) in June 2003. It makes emergency response providers' staffing requirements, tactical plans and compilations of telephone numbers and risk vulnerability assessments confidential. Information about how to make weapons and their location; materials and any unpublished information about a potential vaccine or device to detect biological weapons; information about the security of communications systems; and documents that identify details or vulnerabilities of critical infrastructure -- broadly defined to include all public and private assets vital to security, governance, public health, economy or the state or nation's morale -- is also now classified.

A governmental body also may now close any meeting to discuss the information made confidential under the act, but the body must make a tape recording of any closed session. The law allows "bona fide local news media" to monitor emergency communications of public interest, and ensures that certain information remains public, including how much a government entity spends for a security system and the location of security cameras at state agencies. Finally, at any time during a disaster the head of a governmental entity may voluntarily disclose otherwise confidential information to another person or entity if a legitimate need for the information exists. (HB 9)

• Several other 2003 laws threaten access to government. A far-reaching exception to the open meetings law allows a governmental body to close meetings to discuss proposed contracts if an open meeting would harm the governmental body's negotiations with a third person. However, closed sessions must be tape recorded. (HB 2004)

• On June 25, 2004, Assistant Attorney General Jane Harden of the Open Records Division ruled that utility, drainage and engineering plans of a Citigroup data processing center must be withheld from disclosure under the Public Information Act. The center, which provides electronic backup for billions of commercial transactions, was ruled "critical infrastructure." Plans must therefore be withheld because they would identify technical details of particular vulnerabilities to terrorists, Harden said. However, she also ruled that the center's exterior elevations, landscape plans and tree survey could not be withheld because they did not reveal details about vulnerabilities.

• In late January 2004, a University of Texas student was questioned by FBI and Secret Service agents after he requested under the state Public Information Act information about a system of utility tunnels under the university. The student filed the request after a university physical plant employee told him is was secret because of the Sept. 11 terrorist attacks.

• The University of Texas' student newspaper, The Daily Texan, was denied by university officials a copy of a Centers for Disease Control report that detailed 11 toxins -- including anthrax, ebola and ricin -- being studied and kept at the university because the document exposed a vulnerability to terrorist attacks. The paper sued. The CDC then changed the number of toxins the university was required to report from 11 to two. The university released the report on March 25, 2004, and the suit was dropped.

Utah

• A law signed by then-Gov. Michael Leavitt (R) in March 2002 classifies records containing information about explosives. (SB 61; 2002 Utah Sess. Laws 78)

• The House attempted to pass a bill in 2002 that would have exempted government agency records regarding security measures, including security plans, procedures and building work designs. The bill also would have enacted new definitions and penalties for criminal offenses, including prohibiting terrorism through weapons of mass destruction and hoaxes threatening the use of those weapons. A highly revised bill was later passed. (HB 283; HB 283S; 2002 Utah Sess. Laws 166)

• Information regarding National Guard operations in support of the National Guard's federal mission is exempt from public release under a bill signed into law by Leavitt in March 2003. (SB 112)

Vermont

• The Vermont Capital Construction Act of 2003 adds exemptions to Vermont's public records act for security purposes. Under the act, building plans, vulnerability assessments, operation and security manuals, and other information about publicly owned, managed or leased structures are not considered public records if disclosure would pose a safety or security risk. The records may be disclosed to government entities or others if necessary to perform their duties. A court can also order disclosure of the records. (Act No. 63)

• Legislation requiring hospitals to comply with the state's open meetings and public records act was read in the House but remained in committee for the rest of the 2003 session. (H. 55)

Virginia

• A 2002 law exempts from disclosure plans to prevent or respond to terrorist activity, such as specific security or emergency procedures. It also exempts any engineering and architectural drawings and training manuals if the disclosure would harm the security of government buildings or people. A provision also allows meetings to be closed when discussing actions taken in response to a threat to public safety and requires requesters to provide records custodians with their name and legal address. (HB 700; SB 134; 2002 ch. 715)

• New exemptions to Virginia's open meetings and records laws took effect on July 1, 2003. Several exemptions restrict information for "security purposes," such as building permit records that threaten the safety or security of any building or its occupants if released. (HB 1727)

• A 2003 law exempts information the governor receives that is related to protecting the nation's critical infrastructure located in Virginia. (HB 2210)

• Another 2003 law that applies to all public and private buildings exempts from disclosure engineering and architectural drawings, records relating to critical infrastructure and vulnerability assessments. Meetings that discuss the closed records are also closed to the public. (HB 2211)

• A 2003 law creating a coordination program within Virginia's Department of Emergency Management also limits disclosure of information by the department and the agency that provided the information to the department. (HB 2816)

• Several bills were referred to the Virginia Freedom of Information Advisory Council for study in 2003. One bill expands the closed meeting exemption for discussions relating to terrorist activity to include other types of threats to the public safety. (HB 2665)

• Exemptions from the state Freedom of Information Act's open meetings and open records requirements were enacted in 2004 for records of the Commission on Military Bases that contain information relating to vulnerabilities of military bases and strategies to prevent closures of federal military bases located in Virginia. The exemptions expire on July 1, 2006. (HB 1396)

• The House and Senate unanimously passed, and Gov. Mark Warner (D) signed, a 2004 bill that exempts from the open records law records of the State Health Commissioner relating to the health of persons under quarantine. The exemption does not apply to statistical or aggregate information. (HB 1483; SB 685)

• A bill was enacted in 2004 that exempts from disclosure by the state Department of Emergency Management and local governing bodies the name, address, e-mail, telephone, pager number and operating schedule of individual participants in local citizen emergency response teams. (HB 347)

• A Virginia bill created an open records exemption for documents held by the Department of Agriculture that reveal the identities of the purchasers of certain potentially explosive fertilizers. (HB 1547)

Washington

• Architectural or infrastructure designs, maps or other records that show the location or layout of facilities where computing telecommunications or network infrastructure are located or planned to be located are exempted from public access. The bill was signed into law by Gov. Gary Locke (D) on April 3, 2002. (HB 2411; SB 6439; 2002 Wash. Laws 335)

• Two bills proposed to restrict access to site plans, information in emergency preparedness plans and technical information. Both bills died in January 2002. (HB 2646; SB 6676)

• A 2004 bill would have created new exemptions to the state public records law for domestic security purposes. It would have exempted information regarding the internal layout, structural elements, infrastructure or security of any building or structure -- whether publicly or privately owned -- if the disclosure of such information would have a reasonable likelihood of threatening public safety. The bill died in committee. (HB 2953)

West Virginia

• The most significant bill of the 2003 legislative session added anti-terrorist homeland security measures to the state's open records laws. Gov. Bob Wise (D) signed the bill into law in March. Although the state's press association succeeded getting the bill amended, some provisions are still quite broad.

The law exempts "records assembled, prepared or maintained to prevent, mitigate or respond to terrorist acts or the threat of terrorist acts" from public records rules. Additional exemptions are allowed for telecommunications and network security information, including maps and plans showing the location or layout of telecommunication facilities; security or disaster recovery plans; and investigative records dealing with terrorist acts. (Ch. 108, Acts, 2003)

• A similar bill exempting meetings where state security issues are discussed from the Open Governmental Proceedings Act did not pass in 2003. (HB 3010)

• The state amended its open records law to include a broad anti-terrorism exemption. The amendment exempts "records assembled, prepared or maintained to prevent, mitigate or respond to terrorist acts or the threat of terrorist acts, the public disclosure of which threaten the public safety or the public health." (Chapter 29B, Exemption 9)

Wisconsin

• A Senate proposal would have closed access to security plans for public utilities filed with the state Public Service Commission. The proposal also would have prohibited municipalities from releasing the records as well. The measure failed in the Assembly on March 26, 2002. (SB 394)

• A bill that passed the Senate but remained in an Assembly committee in 2003 would have exempted utilities' security information from public inspection. (SB 8)

• Gov. Jim Doyle (D) vetoed legislation in April 2004 that would have exempted utilities' security information from public inspection. In a message to the legislature, Doyle said the open records law's existing balancing test weighing the interest in disclosure against the interest in secrecy adequately protected sensitive security information. The legislation would have made the security information off-limits under any circumstance. (SB 8)

Wyoming

• A Senate bill addressed how the state would deal with a terrorist attack, providing for the quarantine and vaccination of its citizens and providing compensation for any personal property that was taken or used. It also addressed attacks on crops and resources. The measure was introduced in the House in March 2002, but died. (SF 67)

• Gov. Dave Freudenthal (D) signed a bill into law in 2003 restricting the release of information if a records custodian believes it would make a public infrastructure vulnerable to terrorist attacks. (SF 10)

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