SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2018 SESSION

  • print version
Senate Committee on General Laws and Technology
Subcommittee #1

Locke (Chairman), Black, DeSteph, Dunnavant, Sturtevant, Surovell, McPike, Vogel

Clerk: Eric Bingham
Staff: Brooks Braun, Amigo Wade
Date of Meeting: January 24, 2018
Time and Place: Wednesday 9 AM Subcommittee Room 2, 5th Floor, Pocahontas Bldg

S.B. 336 Virginia Freedom of Information Act; right to speak at open meetings.

Patron: Peake

Virginia Freedom of Information Act; right to speak at open meetings. Requires that every public body afford an opportunity for public comment during any open meeting. The bill requires that the notice given by a public body prior to a meeting include information as to the approximate point during the meeting when public comment will be received. The bill permits public bodies to choose the approximate point during the meeting when public comment will be received and permits public bodies to adopt reasonable rules governing the public comment portion of the meeting, including imposing reasonable restrictions on time, place, and manner.

A BILL to amend and reenact §§ 2.2-3707 and 23.1-1303 of the Code of Virginia, relating to the Freedom of Information Act; right to speak at open meetings.

18103103D

S.B. 512 Virginia Freedom of Information Act; scholastic records; student telephone numbers and email.

Patron: Suetterlein

Virginia Freedom of Information Act; scholastic records; student telephone numbers and student personal email addresses. Excludes student telephone numbers and student personal email addresses contained in scholastic records from the mandatory disclosure provisions of the Virginia Freedom of Information Act.

A BILL to amend and reenact § 2.2-3705.4 of the Code of Virginia, relating to the Virginia Freedom of Information Act; scholastic records; student telephone numbers and student personal email addresses.

18104415D

S.B. 630 Virginia Freedom of Information Act (FOIA); civil penalty.

Patron: Surovell

Virginia Freedom of Information Act (FOIA); civil penalty. Provides that in addition to any penalties imposed under FOIA, (i) if a court finds that any officer, employee, or member of a public body failed to provide public records to a requester in accordance with the provisions of FOIA because such officer, employee, or member of a public body intentionally altered or destroyed the requested public records prior to the expiration of the applicable record retention period set by the retention regulations promulgated pursuant to the Virginia Public Records Act (§ 42.1-76 et seq.) by the State Library Board, the court shall impose upon such officer, employee, or member in his individual capacity, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of up to $100 per record altered or destroyed, which amount shall be paid into the Literary Fund, and (ii) if a court finds that a member of a public body voted to certify a closed meeting and at the time of such certification such certification was not in accordance with the requirements of FOIA, the court shall impose on each such member voting to certify in his individual capacity, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of $500, which amount shall be paid into the Literary Fund.

A BILL to amend and reenact § 2.2-3714 of the Code of Virginia, relating to the Virginia Freedom of Information Act; civil penalty.

18104295D

S.B. 657 Virginia Freedom of Information Act; exclusion of records related to public safety.

Patron: Lewis

Virginia Freedom of Information Act; exclusion of records related to public safety. Excludes from mandatory disclosure under the Virginia Freedom of Information Act information held by the Virginia Commercial Space Flight Authority that is categorized as classified or sensitive but unclassified, including national security, defense, and foreign policy information, provided that such information is exempt under the federal Freedom of Information Act (5 U.S.C. § 552).

A BILL to amend and reenact § 2.2-3705.2 of the Code of Virginia, relating to the Virginia Freedom of Information Act; exclusion of records related to public safety.

18104556D

S.B. 727 Virginia Freedom of Information Act; exemptions; courts of record; courts not of record.

Patron: Stuart

Virginia Freedom of Information Act; exemptions; courts of record; courts not of record; the Office of the Executive Secretary. Exempts the judiciary, including courts of record, courts not of record, and the Office of the Executive Secretary of the Supreme Court of Virginia, from the provisions of the Virginia Freedom of Information Act. The bill directs the Supreme Court of Virginia to develop Rules of Court to govern public access to records in the custody of the judiciary.

A BILL to amend and reenact § 2.2-3703 of the Code of Virginia, relating to the Virginia Freedom of Information Act; exemptions; courts of record; courts not of record; the Office of the Executive Secretary.

18104644D

S.B. 730 Virginia Freedom of Information Act.

Patron: DeSteph

Virginia Freedom of Information Act. Clarifies that the definition of "public record" does not include records that are not prepared for or used in the transaction of public business. The bill defines "social media account" and creates a new discretionary exemption for social media records of General Assembly members when such records relate to the use of a social media account by a member in such member's individual capacity. The bill requires the public body to be a necessary party in any enforcement proceeding.

A BILL to amend and reenact §§ 2.2-3701, 2.2-3705.7, and 2.2-3713 of the Code of Virginia, relating to the Virginia Freedom of Information Act.

18100455D

S.B. 858 Va. FOIA; excludes certain information held by board of visitors of The College of William & Mary.

Patron: Mason

The Virginia Freedom of Information Act; exclusion; certain information held by the board of visitors of The College of William and Mary in Virginia. Excludes from the mandatory disclosure provisions of the Virginia Freedom of Information Act certain information held by the board of visitors of The College of William and Mary in Virginia (the board) relating to the acquisition, holding, or disposition of a security or other ownership interest in an entity, where such security or ownership interest is not traded on a governmentally regulated securities exchange, if disclosure of such information would reveal confidential analyses prepared for the board and have an adverse effect on the value of the investment to be acquired, held, or disposed of by the board.

A BILL to amend and reenact § 2.2-3705.7 of the Code of Virginia, relating to the Virginia Freedom of Information Act; exclusion; certain information held by the board of visitors of The College of William and Mary in Virginia.

18105106D

S.B. 876 Virginia Freedom of Information Act; transfer of public records; definition of custodian.

Patron: Mason

Virginia Freedom of Information Act; transfer of public records; definition of "custodian." Requires a public body initiating a transfer of public records to any entity, including to any other public body, to remain the custodian of those records only if the public body has transferred the entirety of those public records. Current law requires the public body initiating a transfer of public records to remain the custodian if it has transferred possession of any public records. The bill also excludes the transfer of a portion of information contained in one public body's public record to another public body from being considered as a transfer of an entire public record. The bill also prohibits a public body from withholding a public record in its entirety on the grounds that information contained in such public record was provided by another public body. The bill defines "custodian" for purposes of the Virginia Freedom of Information Act.

A BILL to amend and reenact §§ 2.2-3701, 2.2-3704, and 2.2-3704.01 of the Code of Virginia, relating to the Virginia Freedom of Information Act; transfer of public records; definition of "custodian."

18105008D