Virginia Freedom of Information Act; record exclusions, rule of redaction, etc. (HB817)

Introduced By

Del. Jim LeMunyon (R-Oak Hill) with support from co-patron Sen. Scott Surovell (D-Mount Vernon)

Progress

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

Description

Virginia Freedom of Information Act; 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 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. Read the Bill »

Status

04/01/2016: signed by governor

History

DateAction
01/12/2016Committee
01/12/2016Prefiled and ordered printed; offered 01/13/16 16103657D
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 (HB817)
02/04/2016Subcommittee recommends reporting with amendment(s) (6-Y 0-N)
02/11/2016Reported from General Laws with substitute (22-Y 0-N) (see vote tally)
02/11/2016Committee substitute printed 16105030D-H1
02/13/2016Read first time
02/15/2016Read second time
02/15/2016Committee substitute agreed to 16105030D-H1
02/15/2016Engrossed by House - committee substitute HB817H1
02/16/2016Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/16/2016VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/16/2016Impact statement from DPB (HB817H1)
02/17/2016Constitutional reading dispensed
02/17/2016Referred to Committee on General Laws and Technology
02/29/2016Reported from General Laws and Technology (10-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 by for the day
03/04/2016Read third time
03/04/2016Reconsideration of Senate passage agreed to by Senate (39-Y 0-N) (see vote tally)
03/04/2016Passed Senate (39-Y 0-N) (see vote tally)
03/08/2016Enrolled
03/08/2016Bill text as passed House and Senate (HB817ER)
03/08/2016Impact statement from DPB (HB817ER)
03/08/2016Signed by Speaker
03/10/2016Signed by President
03/11/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/11/2016Enrolled Bill communicated to Governor on 3/11/16
03/11/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
04/01/2016G Approved by Governor-Chapter 620 (effective 7/1/16)
04/01/2016G Acts of Assembly Chapter text (CHAP0620)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 1 minute.

Transcript

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

WITH A SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM FAIRFAX, MR. LEMUNYON.

Del. Jim LeMunyon (R-Oak Hill): THANK YOU, MR. SPEAKER. I MOVE COMMITTEE SUBSTITUTE.

[Unknown]: SUBSTITUTE AGREED TO.

Del. Jim LeMunyon (R-Oak Hill): THANK YOU, MR. SPEAKER. MR. SPEAKER, HOUSE BILL 817 ADDRESSES AN UNFORTUNATE AND WIDE REACHING DECISION BY THE STATE SUPREME COURT. MEMBERS MAY RECALL THAT WHAT WE THOUGHT THE FREEDOM OF INFORMATION ACT SAID IS THAT WHEN A MEMBER OF THE PUBLIC WANTS A DOCUMENT FROM THE GOVERNMENT, THE GOVERNMENT HAS TO TURN IT OVER AND IF A PORTION IS EXCLUDED IT CAN BE REDAKTED. THE COURT RULED THE OPPOSITE. SO THE EFFECT OF THIS IF A PARENT WANTED TO GO TO A SCHOOL BOARD AND THERE WAS PERSONAL INFORMATION OR A SOCIAL SECURITY NUMBER, THE SCHOOL BOARD COULD SAY THERE IS EXCLUDED INFORMATION AND WE'LL NOT GIVE YOU THE RECORD. FOR WHAT THIS BILL DOES IS MAKE CLEAR THE REDAKS-RULES STAND THERE IS NOT A PRESUMPTION GOING

Duplicate Bills

The following bills are identical to this one: HB985.