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2016 SESSION
SB 494 Virginia Freedom of Information Act; record exclusions, rule of redaction, etc.
Introduced by: Scott A. Surovell | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (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 HB 817.
FULL TEXT
- 01/12/16 Senate: Prefiled and ordered printed; offered 01/13/16 16103660D pdf | impact statement
- 02/15/16 Senate: Committee substitute printed 16105285D-S1 pdf | impact statement
- 02/23/16 Senate: Bill text as passed Senate and House (SB494ER) pdf | impact statement
- 03/01/16 Senate: Governor's substitute printed 16105976D-S2 pdf | impact statement
- 04/06/16 Governor: Acts of Assembly Chapter text (CHAP0716) pdf
AMENDMENTS
HISTORY
- 01/12/16 Senate: Prefiled and ordered printed; offered 01/13/16 16103660D
- 01/12/16 Senate: Referred to Committee on General Laws and Technology
- 02/15/16 Senate: Reported from General Laws and Technology with substitute (10-Y 5-N)
- 02/15/16 Senate: Committee substitute printed 16105285D-S1
- 02/16/16 Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/16/16 Senate: Read second time
- 02/16/16 Senate: Reading of substitute waived
- 02/16/16 Senate: Committee substitute agreed to 16105285D-S1
- 02/16/16 Senate: Engrossed by Senate - committee substitute SB494S1
- 02/16/16 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/16/16 Senate: Passed Senate (38-Y 1-N)
- 02/18/16 House: Placed on Calendar
- 02/18/16 House: Read first time
- 02/18/16 House: Referred to Committee on General Laws
- 02/18/16 House: Reported from General Laws (19-Y 1-N)
- 02/19/16 House: Read second time
- 02/22/16 House: Read third time
- 02/22/16 House: Passed House (98-Y 2-N)
- 02/22/16 House: VOTE: PASSAGE (98-Y 2-N)
- 02/23/16 Senate: Enrolled
- 02/23/16 Senate: Bill text as passed Senate and House (SB494ER)
- 02/23/16 Senate: Signed by President
- 02/23/16 House: Signed by Speaker
- 02/23/16 Senate: Enrolled Bill Communicated to Governor on 2/23/16
- 02/23/16 Governor: Governor's Action Deadline Midnight, March 1, 2016
- 03/01/16 Senate: Governor's recommendation received by Senate
- 03/01/16 Senate: Governor's substitute printed 16105976D-S2
- 03/03/16 Senate: Passed by for the day
- 03/04/16 Senate: Senate rejected Governor's recommendation (0-Y 38-N)
- 03/11/16 Senate: Communicated to Governor
- 04/06/16 Governor: Approved by Governor-Chapter 716 (effective 7/1/16)
- 04/06/16 Governor: Acts of Assembly Chapter text (CHAP0716)