Virginia Freedom of Information Act; designation of officer, posting of rights and responsibilities. (HB818)

Introduced By

Del. Jim LeMunyon (R-Oak Hill) with support from co-patrons Del. Rick Morris (R-Carrollton), and Sen. Monty Mason (D-Williamsburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Virginia Freedom of Information Act (FOIA); designation of FOIA officer; posting of FOIA rights and responsibilities. Requires certain local public bodies to post a FOIA rights and responsibilities document on its respective public government website. The bill also requires all state public bodies created in the executive branch of state government, including state authorities, and all local public bodies that are subject to FOIA to designate and publicly identify one or more FOIA officers whose responsibility is to serve as a point of contact for members of the public in requesting public records and to oversee the public body's compliance with the provisions of FOIA. The bill sets out where contact information for the designated FOIA officer is to be posted. The bill requires that any such FOIA officer shall possess specific knowledge of the provisions of this chapter and be trained at least annually by legal counsel for the public body or the Virginia Freedom of Information Advisory Council. Read the Bill »

Status

04/20/2016: enacted

History

DateAction
01/12/2016Committee
01/12/2016Prefiled and ordered printed; offered 01/13/16 16103655D
01/12/2016Referred to Committee on General Laws
01/18/2016Assigned to sub: Subcommittee #2
01/18/2016Assigned GL sub: Subcommittee #2
01/28/2016Impact statement from DPB (HB818)
01/28/2016Subcommittee recommends reporting with amendment(s) (6-Y 0-N)
02/02/2016Reported from General Laws with amendments (21-Y 0-N) (see vote tally)
02/04/2016Read first time
02/05/2016Read second time
02/05/2016Committee amendments agreed to
02/05/2016Engrossed by House as amended HB818E
02/05/2016Printed as engrossed 16103655D-E
02/08/2016Impact statement from DPB (HB818E)
02/08/2016Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/08/2016VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/09/2016Constitutional reading dispensed
02/09/2016Referred to Committee on General Laws and Technology
02/29/2016Reported from General Laws and Technology (12-Y 0-N) (see vote tally)
03/02/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
03/03/2016Read third time
03/03/2016Passed Senate (39-Y 0-N) (see vote tally)
03/03/2016Reconsideration of Senate passage agreed to by Senate (36-Y 0-N) (see vote tally)
03/03/2016Passed Senate (40-Y 0-N) (see vote tally)
03/07/2016Enrolled
03/07/2016Bill text as passed House and Senate (HB818ER)
03/07/2016Impact statement from DPB (HB818ER)
03/07/2016Signed by Speaker
03/09/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/09/2016Signed by President
03/09/2016Enrolled Bill communicated to Governor on 3/9/2016
03/09/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
04/01/2016Governor's recommendation received by House
04/20/2016Placed on Calendar
04/20/2016House concurred in Governor's recommendation (97-Y 0-N)
04/20/2016VOTE: ADOPTION (97-Y 0-N)
04/20/2016Senate concurred in Governor's recommendation (23-Y 16-N)
04/20/2016Reconsideration of Governor's recommendation agreed to (39-Y 0-N)
04/20/2016Senate concurred in Governor's recommendation (24-Y 15-N)
04/20/2016G Governor's recommendation adopted
04/20/2016Reenrolled
04/20/2016Reenrolled bill text (HB818ER2)
04/20/2016Signed by Speaker as reenrolled
04/20/2016Signed by President as reenrolled
04/20/2016Enacted, Chapter 748 (effective 7/1/16)
04/20/2016G Acts of Assembly Chapter text (CHAP0748)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 4 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Del. Jim LeMunyon (R-Oak Hill): POINT OF CONTACT. WE CALL IT THE FOIA OFFICER. SO THAT THE PUBLIC WHO WOULD BE MAKING A FREE TO HIM OF INFORMATION REQUEST WOULD HAVE SOMEONE TO GO TO, AND THAT PERSON'S NAIL AND CONTACT INFORMATION WOULD BE ON THE WEBSITE. THE EFFECT OF THE GOVERNOR'S AMENDMENT IS TO EXTEND THAT TO PUBLIC BODIES ESTABLISHED IN THE LEGISLATIVE BRANCH THAT ARE SUBJECT TO FOIA, SO THAT WOULD BE THE HOUSING COMMISSION, THE CODE COMMISSION, THE FOIA COUNCIL ITSELF. AS A PRACTICAL MATTER, THEY ARE ALREADY SUBSTANTIALLY COMPLIANT WITH THE PROVISIONS OF THE BILL, SO I HOPE IT WILL BE THE PLEASURE OF THE BODY TO ACCEPT THE GOVERNOR'S RECOMMENDATION.

[Unknown]: SHALL THE HOUSE AGREE TO THE GOVERNOR'S RECOMMENDATIONS?

Del. Jim LeMunyon (R-Oak Hill): THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 97, NOS, ZERO. AYES 97, NOS, ZERO, THE RECOMMENDATIONS ARE AGREED TO. TURNING TO PAGE 36 OF TODAY'S PRINTED CALENDAR, HOUSE BILL 834, WHICH IS AN ACT TO AMEND AND REENACT VARIOUS SECTIONS OF THE CODE OF VIRGINIA RELATING TO THE VIRGINIA GROWTH AND OPPORTUNITY ACT, CREATION OF THE VIRGINIA GROWTH AND OPPORTUNITY BOARD AND FUND, AND THE ESTABLISHMENT OF


Sen. Mark Obenshain (R-Harrisonburg): TO THE DEPARTMENT OF CORRECTIONS AND THEY TELL ME THEY CANNOT -- THAT THEY HAVE TRIED AND THEY CANNOT ACQUIRE THESE DRUGS, I BELIEVE THEM. I BELIEVE THEM.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHOULD THE GOVERNOR'S RECOMMENDATIONS BE AGREED TO. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE. THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? ANY SENATORS DESIRE TO CHANGE THEIR VOTES? THE CLERK WILL CLOSE THE ROLL.

Sen. Mark Obenshain (R-Harrisonburg): AYES 22, NOs 16.

[Unknown]: THE GOVERNOR'S RECOMMENDATIONS ARE AGREED TO. HOUSE BILL 818. SENATOR RUFF. HOUSE BILL 818 DEALS WITH FOYA AND REQUIRES STATE EXECUTIVE BRANCH TO HAVE ONE FOYA REPRESENTATIVE REPRESENT OR AT LEAST ONE THAT WOULD EXPLAIN AND COORDINATE ANY FOYA ACTIVITY. WHAT THE GOVERNOR'S AMENDMENT DOES IS OPEN THAT UP SO IT INCLUDES NOT ONLY EXECUTIVE BRANCH BUT LEGISLATIVE AND JUDICIAL BRANCH. I MOVE IT BE ACCEPTED. THANK YOU. SENATOR FROM ROCKINGHAM. MR. PRESIDENT. WITH TREPIDATION THAT ARISE TO ASK MEMBERS TO REJECT THIS AMENDMENT. I PROBABLY WOULDN'T OBJECT TO THIS AMENDMENT IF IT SIMPLY SAID THAT MEMBERS OF THE EXECUTIVE BRANCH AND THE LEGISLATIVE BRANCH HAVE TO IDENTIFY A FREEDOM OF INFORMATION OFFICER. THINK ABOUT THIS. PARTICULARLY THOSE OF YOU WHO ARE LAWYERS, THOSE OF YOU WHO HAVE SERVED ON THE COURTS OF JUSTICE COMMITTEE. THOSE OF YOU FAMILIAR WITH THE JUDICIAL PROCESS. WHAT THIS IS GOING TO REQUIRE IS THAT EVERY COURT IN VIRGINIA IDENTIFY A FREEDOM OF INFORMATION OFFICER. THAT THIS APPLY TO THEM AS WELL. YOU KNOW, I WAS BORN AT NIGHT BUT NOT LAST NIGHT. I KNOW WHY THE BILL WAS PUT IN. THE BILL WAS AIMED AT THE EXECUTIVE BRANCH AT THE WANTED TO MAKE SURE THAT IT ADMINISTRATION. APPLIED TO THE LEGISLATIVE BRANCH AS WELL. I WOULD RESPECTFULLY SUBMIT THAT I DON'T THINK WHEN THE GOVERNOR -- AND MAYBE I'M WRONG. WHEN THE GOVERNOR PROPOSED THIS AMENDMENT, I DON'T THINK HE MEANT TO INCLUDE THE JUDICIAL BRANCH. I THINK THAT IS AN IMPROVE DENT ADDITION TO THIS AND SHOULD CAUSE YOU PAUSE BEFORE YOU VOTE FOR THIS AMENDMENT. THANK YOU, SENATOR. SENATOR FROM SOUTHERN FAIRFAX, SENATOR BARKER.

Sen. George Barker (D-Alexandria): I RISE TO SPEAK IN SUPPORT OF THE GOVERNOR'S AMENDMENT. MR. PRESIDENT, I THINK THAT

Comments

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