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HB1539

Virginia Freedom of Information Act; public access to records of public bodies.

Status:
Enacted

Chief Patron:
Jim LeMunyon (R)

Session:
2017 Regular Session

Summary

As Enacted. Virginia Freedom of Information Act (FOIA); public access to records of public bodies.

Clarifies the definition of public record. The bill also (i) defines "personal contact information" that is excluded from FOIA's mandatory disclosure provisions in certain cases; (ii) clarifies that a requester has the right to inspect records or receive copies at his option; (iii) clarifies language in certain record exclusions under FOIA that certain records may be disclosed at the discretion of the custodian; (iv) consolidates the personnel record exclusion with the limitation on the application of that exclusion, and specifically clarifies that the name, in addition to position, job classification, and salary, of a public employee is public information as per opinions of the Attorney General and the FOIA Council; (v) eliminates, effective July 1, 2018, the exclusion for the Alcoholic Beverage Control Authority relating to operating and marketing strategies; (vi) eliminates the exclusion for correspondence of local officials as unnecessary; (vii) consolidates various public safety exclusions relating to building plans and drawings and critical infrastructure into a single exclusion; (viii) eliminates the exclusion for administrative investigations of the Department of Human Resource Management, as the exclusion is already covered under the personnel records exclusion; (ix) expands the exclusion for personal information provided to the Virginia College Savings Plan to cover qualified beneficiaries, designated survivors, and authorized individuals, which terms are defined in the bill; (x) consolidates the various record exclusions for the Department of Health Professions and the Department of Health into single exclusions for each Department; (xi) clarifies certain Department of Social Services exclusions; (xii) provides an exclusion for local finance boards that provide postemployment benefits other than pensions; and (xiii) eliminates the record exclusion for Virginia Wildlife Magazine. The bill also limits the application of the working papers exemption by stating that information publicly available or not otherwise subject to an exclusion under FOIA or other provision of law that has been aggregated, combined, or changed in format without substantive analysis or revision shall not be deemed working papers. The bill contains numerous technical amendments. This bill is a recommendation of the Freedom of Information Advisory Council pursuant to the HJR 96 FOIA study (2014-2016). (Less)

  • Bill History

  • 12/27/2016 - House: Prefiled and ordered printed; offered 01/11/17 17100968D
  • 12/27/2016 - House: Referred to Committee on General Laws
  • 01/11/2017 - House: Assigned GL sub: Subcommittee #2
  • 01/26/2017 - House: Impact statement from DPB (HB1539)
  • 01/26/2017 - House: Subcommittee recommends reporting with amendments (7-Y 0-N)
  • 01/30/2017 - House: Impact statement from DHCD/CLG (HB1539)
  • 02/02/2017 - House: Reported from General Laws with substitute (20-Y 0-N)
  • 02/02/2017 - House: Committee substitute printed 17104899D-H1
  • 02/04/2017 - House: Read first time
  • 02/06/2017 - House: Impact statement from DPB (HB1539H1)
  • 02/06/2017 - House: Read second time
  • 02/06/2017 - House: Committee substitute agreed to 17104899D-H1
  • 02/06/2017 - House: Engrossed by House - committee substitute HB1539H1
  • 02/07/2017 - House: Read third time and passed House BLOCK VOTE (97-Y 0-N)
  • 02/07/2017 - House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
  • 02/08/2017 - Senate: Constitutional reading dispensed
  • 02/08/2017 - Senate: Referred to Committee on General Laws and Technology
  • 02/13/2017 - Senate: Reported from General Laws and Technology (14-Y 0-N)
  • 02/15/2017 - Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/16/2017 - Senate: Read third time
  • 02/16/2017 - Senate: Passed Senate (39-Y 0-N)
  • 02/16/2017 - Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
  • 02/16/2017 - Senate: Passed Senate (40-Y 0-N)
  • 03/07/2017 - House: Enrolled
  • 03/07/2017 - House: Bill text as passed House and Senate (HB1539ER)
  • 03/07/2017 - House: Signed by Speaker
  • 03/08/2017 - House: Impact statement from DPB (HB1539ER)
  • 03/10/2017 - Senate: Signed by President
  • 03/13/2017 - House: Enrolled Bill communicated to Governor on 3/13/17
  • 03/13/2017 - Governor: Governor's Action Deadline Midnight, March 27, 2017
  • 03/24/2017 - House: Governor's recommendation received by House
  • 04/05/2017 - House: Placed on Calendar
  • 04/05/2017 - House: House concurred in Governor's recommendation (98-Y 0-N)
  • 04/05/2017 - House: VOTE: ADOPTION (98-Y 0-N)
  • 04/05/2017 - Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
  • 04/05/2017 - Governor: Governor's recommendation adopted
  • 04/05/2017 - House: Reenrolled
  • 04/05/2017 - House: Reenrolled bill text (HB1539ER2)
  • 04/05/2017 - House: Signed by Speaker as reenrolled
  • 04/05/2017 - Senate: Signed by President as reenrolled
  • 04/05/2017 - House: Enacted, Chapter 778 (effective 7/1/17)
  • 04/05/2017 - Governor: Acts of Assembly Chapter text (CHAP0778)

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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