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2016 SESSION
HB 817 Virginia Freedom of Information Act; record exclusions, rule of redaction, etc.
Introduced by: James M. LeMunyon | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (all summaries)
Virginia Freedom of Information Act (FOIA); record exclusions; rule of redaction; no weight accorded to public body's determination. Reverses the holding of the Virginia Supreme Court in the case of Department of Corrections v. Surovell, by setting out the general rule of redaction, which provides that no provision of FOIA is intended, nor shall it be construed or applied, to authorize a public body to withhold a public record in its entirety on the grounds that some portion of the public record is excluded from disclosure by FOIA or by any other provision of law. Further, the bill states that a public record may be withheld from disclosure in its entirety only to the extent that an exclusion from disclosure under FOIA or other provision of law applies to the entire content of the public record. Otherwise, only those portions of the public record containing information subject to an exclusion under FOIA or other provision of law may be withheld, and all portions of the public record that are not so excluded shall be disclosed. The bill defines the term "information" and provides that it is declaratory of the law as is it existed prior to the September 17, 2015, decision of the Supreme Court of Virginia in the case of the Department of Corrections v. Surovell. The bill also reverses that part of the holding of the Virginia Supreme Court in the case of Department of Corrections v. Surovell by providing that in a FOIA enforcement action, no court shall be required to accord any weight to the determination of a public body as to whether an exclusion applies. The bill contains technical amendments. This bill is identical to SB 494.
FULL TEXT
- 01/12/16 House: Prefiled and ordered printed; offered 01/13/16 16103657D pdf | impact statement
- 02/11/16 House: Committee substitute printed 16105030D-H1 pdf | impact statement
- 03/08/16 House: Bill text as passed House and Senate (HB817ER) pdf | impact statement
- 04/01/16 Governor: Acts of Assembly Chapter text (CHAP0620) pdf
HISTORY
- 01/12/16 House: Prefiled and ordered printed; offered 01/13/16 16103657D
- 01/12/16 House: Referred to Committee on General Laws
- 01/18/16 House: Assigned GL sub: Subcommittee #2
- 02/04/16 House: Subcommittee recommends reporting with amendment(s) (6-Y 0-N)
- 02/11/16 House: Reported from General Laws with substitute (22-Y 0-N)
- 02/11/16 House: Committee substitute printed 16105030D-H1
- 02/13/16 House: Read first time
- 02/15/16 House: Read second time
- 02/15/16 House: Committee substitute agreed to 16105030D-H1
- 02/15/16 House: Engrossed by House - committee substitute HB817H1
- 02/16/16 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
- 02/16/16 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
- 02/17/16 Senate: Constitutional reading dispensed
- 02/17/16 Senate: Referred to Committee on General Laws and Technology
- 02/29/16 Senate: Reported from General Laws and Technology (10-Y 0-N)
- 03/02/16 Senate: Constitutional reading dispensed (40-Y 0-N)
- 03/03/16 Senate: Read third time
- 03/03/16 Senate: Passed by for the day
- 03/04/16 Senate: Read third time
- 03/04/16 Senate: Passed Senate (39-Y 0-N)
- 03/04/16 Senate: Reconsideration of Senate passage agreed to by Senate (39-Y 0-N)
- 03/04/16 Senate: Passed Senate (39-Y 0-N)
- 03/08/16 House: Enrolled
- 03/08/16 House: Bill text as passed House and Senate (HB817ER)
- 03/08/16 House: Signed by Speaker
- 03/10/16 Senate: Signed by President
- 03/11/16 House: Enrolled Bill communicated to Governor on 3/11/16
- 03/11/16 Governor: Governor's Action Deadline Midnight, Sunday, April 10, 2016
- 04/01/16 Governor: Approved by Governor-Chapter 620 (effective 7/1/16)
- 04/01/16 Governor: Acts of Assembly Chapter text (CHAP0620)