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This page covers the 2012 General Assembly Legislation as it relates to the Freedom of Information Act and First Amendment issues. The table below includes links to the home pages of the legislation and the patron. Click here for a printer-friendly version. - Return to main legislation page
| BILL | PATRON | STATUS | DESCRIPTION | VPA POSITION | LAST UPDATED |
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| HB 1443 | J.M. O'Bannon | Governor: Approved by Governor-Chapter 182 (effective 7/1/13) | Application for license to operate an assisted living facility or adult day care center; exempt from requirement of review of certain financial information. Exempts applicants for licensure as an assisted living facility or adult day care center from the requirement that the applicant submit financial records together with his application so long as the applicant submits a current balance sheet and income statement, accompanied by a letter from a certified public accountant certifying the accuracy thereof, and at least one credit reference. Repeats FOIA exemption language in Virginia Code Section 63.2-1702 for related records that contain confidential proprietary information. House Amendments Senate Amendments Engrossed |
Neutral | 03/27/13 |
| HB 1524 | R.A. Villanueva | Governor: Approved by Governor-Chapter 554 (effective 7/1/13) | Virginia Freedom of Information Act; records of minors participating in park and recreation programs. Reverses the default rule of FOIA that certain park and recreation records of minors are subject to the mandatory disclosure provisions of FOIA unless the parent or an emancipated person who is the subject of the record requests in writing that the record not be disclosed. Under the bill, these records would be exempt from public disclosure unless and until the parent or emancipated person who is the subject of the record waives the protection. | Oppose | 03/27/13 |
| HB 1542 | G.M. Loupassi | House: Courts of Justice Subcommittee #1 (Criminal) recommends laying on the table by voice vote | Courts; online case management system; removal of defendant's name. Allows circuit court judge to order a clerk to remove or obscure the name of a criminal defendant from the online case management system upon a showing by the Commonwealth of a legitimate law-enforcement purpose. The removal or obfuscation will not affect the case file available to the public in the clerk's office. |
Oppose | 01/16/13 |
| HB 1616 | C.T. Gilbert | House: Courts of Justice Subcommittee #1 Criminal recommends incorporating (HB2012-Cline) by voice vote | Limitations on use of drone aircraft. Provides that no state agency or organization having jurisdiction over criminal law enforcement or regulatory violations, including but not limited to the Department of State Police nor any department of law enforcement of any city, county or town, shall procure a public unmanned aircraft system (drone aircraft) without the approval of the General Assembly or the local governing body, respectively. The bill requires a warrant for use of such an aircraft. The bill also provides that it is not unlawful for any law-enforcement officer or other public official to operate a public unmanned aircraft system and disclose personal information from such operation if such officer reasonably determines that an emergency situation exists that involves immediate danger of death or serious physical injury to any person and the situation requires operation of a public unmanned aircraft system before a warrant authorizing such interception can, with due diligence, be obtained and there are grounds upon which such a warrant could be entered to authorize such operation. The bill also provides that it is not unlawful for a public institution of higher education to operate a public unmanned aircraft system solely for research or academic purposes. The bill also contains extensive procedural guarantees against release of personal information and contains reporting requirements by agencies and courts with respect to use of and data collected by such aircraft. Provides that, excluding personally identifiable information, records required by subsections P, Q, and R shall be open to public disclosure under the Virginia Freedom of Information Act. | Amend | 01/28/13 |
| HB 1639 | T.A. Greason | Governor: Approved by Governor-Chapter 199 (effective 7/1/13) | Virginia Freedom of Information Act; correspondence of legislative aides exempt. Exempts the working papers and correspondence of the legislative aides of members of the General Assembly when the aides are working on behalf of their respective member. VPA-proposed amendments strike "or their legislative aides when working on behalf of their respective member" in line 19 and insert at line 30: "'Member of the General Assembly' means each member of the Senate of Virginia and the House of Delegates, and their legislative aides when working on behalf of a member." House Amendments |
Amended | 03/27/13 |
| HB 1790 | T.S. Garrett | Governor: Approved by Governor-Chapter 57 (effective 7/1/13) | Virginia Nuclear Energy Consortium. Establishes the Virginia Nuclear Energy Consortium Authority as a political subdivision of the Commonwealth for the purposes of making the Commonwealth a national and global leader in nuclear energy and serving as an interdisciplinary study, research, and information resource for the Commonwealth on nuclear energy issues. The 17-member board of directors of the Authority is directed to form a nonstock, nonprofit corporation, referred to as the Virginia Nuclear Energy Consortium. Creates a blanket FOIA exemption for the consortium. Companion bill to SB 1138. House amendments Governor's recommendation |
Amend | 03/01/13 |
| HB 1821 | S.R. Iaquinto | House: Stricken from docket by Courts of Justice by voice vote | Child Pornography Images Registry; exemptions from disclosure, etc. Provides that records related to child abuse and exploitation that are in the possession of the Department of State Police pursuant to its duties in maintaining the Child Pornography Images Registry are exempt from the Virginia Freedom of Information Act and the Government Data Collection and Dissemination Practices Act and that the Registry is not subject to the Virginia Information Technology Agency. Companion bill to SB 1211. | Amend | 01/24/13 |
| HB 1855 | B.D. Knight | Governor: Approved by Governor-Chapter 574 (effective 7/1/13) | Virginia Freedom of Information Act; exempt records of the Department of Aviation. Exempts from the mandatory disclosure provisions of FOIA (i) documents and other information of a proprietary nature furnished by a licensed public-use airport to the Department of Aviation for funding from programs administered by the Department of Aviation or the Virginia Aviation Board and (ii) records provided to the Department of Aviation by other entities of the Commonwealth in connection with the operation of aircraft, where the records would not be subject to disclosure by the entity providing the records. The bill requires in both instances that the submitting entity identify in writing the records or portions thereof to be protected and state why protection is necessary. | Neutral | 03/27/13 |
| HB 1914 | S.A.Surovell | House: Subcommittee recommends laying on the table by voice vote | Unauthorized sale, publication, etc., of criminal history record information. Provides that any person who sells, offers for sale, publicizes, or offers for publication the criminal history record information of another person pertaining to that other person's arrest or charge for a criminal offense more than 120 days after the State Police has confirmed to the person charged or arrested that such information has been expunged when the person selling, offering for sale, etc., knows or has reason to know that the information has been expunged shall be liable to the other person for actual damages or $500, whichever is greater, in addition to attorney fees and costs. | Oppose | 01/30/13 |
| HB 1952 | R.S. Landes | Governor: Approved by Governor-Chapter 577 (effective 7/1/13) | Boards of visitors of public institutions of higher education; public access to information and governance. Adds specific topics to be covered during the educational programs for governing boards and requires such programs to be delivered by the State Council of Higher Education annually. The bill also requires each board of visitors to adopt bylaws with certain provisions relating to the Freedom of Information Act; annually meet with the president of the institution to deliver a review of the president's performance; designate its executive committee to organize the working processes of the board and recommend best practices for board governance; and annually deliver an executive summary of its interim activities to the General Assembly and the Governor. Amended to add provisions of Virginia Code Section 2.2-3712, in addition to other sections of the Virginia Freedom of Information Act. House Amendments Senate Amendments Engrossed Conference Amendments |
Support | 03/27/13 |
| HB 2012 | B.L. Cline | GOVERNOR'S RECOMMENDATION ADOPTED | Drones; moratorium. Places a moratorium on the use of unmanned aircraft systems by state and local law enforcement and regulatory entities until July 1, 2015. Incorporates HB 1616-Gilbert. House Amendments Conference Amendments GOVERNOR'S RECOMMENDATION |
Neutral | 04/04/13 |
| HB 2026 | L.M. Dudenhefer | Governor: Approved by Governor-Chapter 119 (effective 7/1/13) | Virginia Freedom of Information Act; remote participation in a meeting by a member of a public body; personal matter. Allows a member of a public body to participate in a meeting by electronic communication means due to personal matters under certain circumstances. Currently, such remote participation is allowed only for emergency, medical condition, or distance from the meeting location of more than 60 miles. The bill is a recommendation of the Virginia Freedom of Information Advisory Council. | Neutral | 03/13/13 |
| HB 2032 | J.T. May | House: General Laws Subcommittee #2 FOIA/Procurement recommends laying on the table by voice vote | Freedom of Information Act; electronic meetings. Allows regional public bodies to conduct electronic meetings in the same manner as state public bodies. The bill also removes the requirement that a public body hold one meeting each year at which no member participates using electronic means. This bill is a recommendation of the Joint Commission on Technology and Science. Will be sent with a letter to the FOIA Council for study in the coming year. | Oppose | 01/24/13 |
| HB 2043 | R.L. Robinson | Governor: Approved by Governor-Chapter 580 (effective 7/1/13) | Virginia Freedom of Information Act; closed meetings; Jamestown-Yorktown Foundation. Allows the board of trustees of the Jamestown-Yorktown Foundation to convene a closed meeting when the topic is the discussion or consideration of matters relating to specific gifts, bequests, and grants. | Neutral | 03/27/13 |
| HB 2125 | M.L. Keam | House: General Laws Subcommittee #2 FOIA/Procurement recommends laying on the table by voice vote | Virginia Freedom of Information Act; requests for records. Provides that FOIA requests may be made by any citizen of the United States and not just citizens of the Commonwealth. The bill also allows a public body to require prepayment before providing requested records when the cost for production of the records is likely to exceed $100. Will be sent with a letter to the FOIA Council for study in the coming year. |
Amend | 01/24/13 |
| HB 2134 | M.L. Keam | House: General Laws Subcommittee #2 FOIA/Procurement recommends laying on the table by voice vote | Virginia Freedom of Information Act; state agencies to post schedule of costs for producing records. Adds a requirement that each state public body created in the executive branch of state government and subject to FOIA make available to the public upon request a schedule of charges associated with the production of requested records that may be assessed by the public body under FOIA. The bill also requires the schedule of charges to be posted on the respective websites of state executive branch agencies. |
Amend | 01/24/13 |
| HB 2135 | T.D. Hugo | House: Stricken from docket by Commerce and Labor by voice vote | Virginia Consumer Protection Act. Makes the misleading, deceptive, or fraudulent use of a trademark, service mark, or mark a prohibited practice under the Virginia Consumer Protection Act. The measure also (i) specifies that online advertising is a form of advertising covered by the exemption for advertising media and (ii) provides that the advertising media exemption does not apply if a medium's publisher, owner, agent, or employee had reason to know that the advertisement was of a prohibited character. | Amend | 01/31/13 |
| HB 2178 | D.B. Albo | Governor: Approved by Governor-Chapter 350 (effective 7/1/13) | Charitable gaming; network bingo. Authorizes the conduct of a new charitable game known as network bingo. The bill also contains technical amendments. Creates FOIA exemptions. Companion bill to SB 930. | Amend | 03/27/13 |
| HB 2209 | B.D. Knight | Governor: Approved by Governor-Chapter 593 (effective 7/1/13) | Nutrient management certification program. Transfers authority for administration of the nutrient management certification program and responsibility for adopting regulations on nitrogen application rates from the Department of Conservation and Recreation to the Virginia Soil and Water Conservation Board. The bill also empowers the Board to allocate general fund moneys to soil and water conservation districts to support their operations and oversee districts' programs. Any personal or proprietary information collected shall be exempt from the Virginia Freedom of Information Act (Virginia Code Sections 2.2-3700 et seq.), except that the Board may release information that has been transformed into a statistical or aggregate form that does not allow identification of the persons who supplied, or are the subject of, particular information. This shall not preclude the application of the Virginia Freedom of Information Act in all other instances of federal or state regulatory actions. Same as HB 1212. Senate Amendments Engrossed |
Neutral | 03/27/13 |
| HB 2280 | J.A. Ward | Governor: Approved by Governor-Chapter 600 (effective 7/1/13) | Virginia Freedom of Information Act; exempt records; disaster preparedness plans. Creates FOIA exemptions for hospital evacuation plans. Senate Amendments Engrossed |
Neutral | 03/27/13 |
| HB 2321 | S.A. Surovell | House: General Laws Subcommittee #2 FOIA/Procurement recommends laying on the table by voice vote | Virginia Freedom of Information Act; application to the State Corporation Commission. Makes the State Corporation Commission (SCC) subject to the Freedom of Information Act (FOIA) and designates venue for FOIA petitions against the SCC. The bill reverses a case holding that the Freedom of Information Act is not applicable to the SCC (Christian v. State Corporation Commission, November 2011). Will be sent with a letter to the FOIA Council for study in the coming year. | Support | 01/24/13 |
| HJ 745 | P.A. Hope | House: Stricken from docket by Rules by voice vote | Study; Virginia Freedom of Information Advisory Council; report. Directs the Virginia Freedom of Information Advisory Council to study whether the Virginia Freedom of Information Act, specifically Section 2.2-3703 of the Code of Virginia, should be amended to eliminate any exemption from the Virginia Freedom of Information Act not otherwise generally applicable to other public bodies of the Commonwealth and to report its findings and recommendations. | Neutral | 01/23/13 |
| SB 687 | L.L. Lucas | Senate: Passed by indefinitely in General Laws and Technology (15-Y 0-N) | Virginia Casino Gaming Commission; regulation of casino gaming; penalties. Creates the Virginia Casino Gaming Commission as the licensing body for casino gaming. Creates exemptions to the Virginia Freedom of Information Act. | Amend | 01/28/13 |
| SB 689 | L.L. Lucas | Senate: Passed by indefinitely in General Laws and Technology (15-Y 0-N) | Virginia Casino Gaming Commission; penalties. Creates the Virginia Casino Gaming Commission as the licensing body for casino gaming in the state. Creates exemptions to the Virginia Freedom of Information Act. | Amend | 01/28/13 |
| SB 695 | L.L. Lucas | Senate: Passed by indefinitely in General Laws and Technology (15-Y 0-N) | Virginia Transportation Enhancement and Toll Abatement Act; Virginia Casino Gaming Commission; regulation of casino gaming; penalties. Creates the Virginia Casino Gaming Commission as the licensing body for casino gaming. Creates exemptions to the Virginia Freedom of Information Act. | Amend | 01/28/13 |
| SB 696 | L.L. Lucas | Senate: Passed by indefinitely in General Laws and Technology (15-Y 0-N) | Virginia Toll Abatement Act; Virginia Casino Gaming Commission; regulation of casino gaming; penalties. Creates the Virginia Casino Gaming Commission as the licensing body for casino gaming. Creates exemptions to the Virginia Freedom of Information Act. | Amend | 01/28/13 |
| SB 697 | L.L. Lucas | Senate: Passed by indefinitely in General Laws and Technology (15-Y 0-N) | Virginia Transportation Enhancement and Toll Abatement Act; Virginia Casino Gaming Commission; regulation of casino gaming; penalties. Creates the Virginia Casino Gaming Commission as the licensing body for casino gaming. Creates exemptions to the Virginia Freedom of Information Act. | Amend | 01/28/13 |
| SB 714 | L.L. Lucas | Senate: Passed by indefinitely in General Laws and Technology with letter (15-Y 0-N) | Virginia Toll Mitigation Act; Virginia Casino Gaming Commission; regulation of casino gaming; penalties. Creates the Virginia Casino Gaming Commission as the licensing body for casino gaming. Creates FOIA exemptions. Will be sent with a letter to the Hampton Roads Transportation Planning Organization for review. | Amend | 01/28/13 |
| SB 726 | L.L. Lucas | Senate: Stricken at request of Patron in General Laws and Technology (10-Y 0-N) | Poker; definition of illegal gambling and charitable gaming; poker games authorized; regulation of poker tournaments. Defines "poker games" as games of skill and therefore not illegal gambling. Creates new FOIA exemptions. | Amend | 01/16/13 |
| SB 802 | T.A. Garrett | Governor: Approved by Governor-Chapter 525 (effective 7/1/13) | Electoral boards; meetings. Provides that a telephone call between two board members in preparation for a meeting shall not constitute a meeting for Virginia Freedom of Information Act purposes if the discussion otherwise would not constitute a meeting. Substitute provides that the same shall apply to State Board of Elections. | Neutral | 03/27/13 |
| SB 889 | R.H. Black | Senate: Passed by indefinitely in General Laws and Technology with letter (9-Y 0-N) | Virginia Freedom of Information Act; electronic communication meetings; school boards. Allows local school boards to hold electronic communication meetings to the same extent allowed currently for state public bodies. The bill contains technical amendments. Will be sent with a letter to the Virginia FOIA Council for study in the coming year. | Oppose | 01/28/13 |
| SB 930 | J.H. Vogel | Governor: Approved by Governor-Chapter 36 (effective - see bill) | Charitable gaming; network bingo. Authorizes the conduct of a new charitable game known as network bingo. The bill sets out the terms and conditions under which network bingo may be conducted, provides for the licensing of network bingo providers, and sets the maximum prize amount for network bingo. Creates FOIA exemptions. | Amend | 02/21/13 |
| SB 1138 | J.L. McWaters | Governor: Approved by Governor-Chapter 394 (effective 7/1/13) | Virginia Nuclear Energy Consortium. Establishes the Virginia Nuclear Energy Consortium Authority as a political subdivision of the Commonwealth for the purposes of making the Commonwealth a national and global leader in nuclear energy and serving as an interdisciplinary study, research, and information resource for the Commonwealth on nuclear energy issues. Creates a blanket FOIA exemption for the consortium. Companion bill to HB 1790. House Amendments Engrossed |
Amend | 03/27/13 |
| SB 1143 | A.D. McEachin | Senate: Passed by indefinitely in Rules (13-Y 2-N) | Compensation of members of the General Assembly. Prohibits compensation to legislators for attending conferences for which the agenda and materials are not available to the public. | Support | 02/01/13 |
| SB 1211 | R.H. Stuart | Senate: Stricken at the request of Patron in Courts of Justice (15-Y 0-N) | Child Pornography Images Registry; exemptions from disclosure, etc. Provides that records related to child abuse and exploitation that are in the possession of the Department of State Police pursuant to its duties in maintaining the Child Pornography Images Registry are exempt from the Virginia Freedom of Information Act and the Government Data Collection and Dissemination Practices Act and that the Registry is not subject to the Virginia Information Technology Agency. Companion bill to HB 1821. | Amend | 01/28/13 |
| SB 1212 | R.H. Stuart | Governor: Approved by Governor-Chapter 54 (effective 7/1/13) | Provision of information to Department of Environmental Quality; protection of trade secrets. Requires that every person who the Department of Environmental Quality has reason to believe is generating or handling waste provide the Department with information about the waste upon request. The bill exempts trade secrets contained in such information from disclosure by the Department under certain conditions while still allowing the Department to provide such information to the Environmental Protection Agency or as otherwise required by law. | Neutral | 02/25/13 |
| SB 1263 | R.H. Stuart | Governor: Approved by Governor-Chapter 694 (effective 7/1/13) | Virginia Freedom of Information Act; meeting by electronic communication means by certain committees, subcommittees, etc., of state public bodies; personal matters. Authorizes an advisory public body, defined as any state public body classified as advisory pursuant to Virginia Code Section 2.2-2100 or any committee, subcommittee, or other entity, however designated, of a state public body created to advise the state public body, to meet by electronic communication means without a quorum of the advisory public body being physically assembled at one location, provided, among other requirements, the meeting is conducted utilizing a combined audio and visual communication method. The bill requires any advisory public body holding this kind of electronic communication meeting to make an audiovisual recording of the meeting, which recording shall be preserved by the advisory public body for a period of three years from the date of the meeting. The bill also enhances the annual reporting requirements for any public body authorized to conduct electronic communication meetings and requires the FOIA Council to develop a form that an authorized public body must make available to the public at any such meeting for public comment. The above described provisions of the bill by its terms will expire on July 1, 2014. Finally, the bill allows a member of any public body to participate in a meeting by electronic communication means due to personal matters under certain circumstances. Currently, such remote participation is allowed only for emergency, medical condition, or distance from the meeting location of more than 60 miles. The bill is a recommendation of the Virginia Freedom of Information Advisory Council. | Neutral | 03/27/13 |
| SB 1264 | R.H. Stuart | Governor: Approved by Governor-Chapter 695 (effective 7/1/13) | Freedom of Information Act; access to criminal and other records held by public bodies engaged in criminal law-enforcement activities. Reorganizes Virginia Code Section 2.2-3706 of the Freedom of Information Act relating to access to criminal records and other records held by law-enforcement agencies. The only substantive changes in the bill are to (i) expand to the state law-enforcement agencies the ability to withhold portions of noncriminal incident information and (ii) allow law-enforcement agencies to make a verbal response for requests for criminal incident information. The bill also clarifies that personnel records of persons employed by a law-enforcement agency are not noncriminal records, but subject to the personnel records and background investigation records exemptions. The bill contains technical amendments and is a recommendation of the Virginia Freedom of Information Advisory Council. | Neutral | 03/27/13 |
| SB 1279 | E.W. Hanger | GOVERNOR'S RECOMMENDATION ADOPTED | Consolidation of water quality programs. Moves the water quality programs currently administered by the Department of Conservation and Recreation to the Department of Environmental Quality. The Department of Environmental Quality and the State Water Control Board will have oversight of water quality planning and laws dealing with stormwater management, erosion and sediment control, and the Chesapeake Bay Preservation Areas. The composition of the Virginia Soil and Water Conservation Board is changed, reducing the number of voting members from 12 to seven, and the Department of Environmental Quality is assigned responsibility for staffing the Board. The Virginia Soil and Water Conservation Board will continue its oversight responsibilities of the soil and water conservation districts and of resource management planning. The Board of Conservation and Recreation will be responsible for administration of the flood prevention and dam safety laws. Creates FOIA exemptions. Conference Amendments GOVERNOR'S RECOMMENDATION |
Neutral | 04/04/13 |
| SB 1309 | E.W. Hanger | Governor: Approved by Governor-Chapter 658 (effective 7/1/13) | Virginia Soil and Water Conservation Board's powers and duties. Transfers authority for administration of the nutrient management certification program and responsibility for adopting regulations on nitrogen application rates from the Department of Conservation and Recreation to the Virginia Soil and Water Conservation Board. The bill also empowers the Board to allocate general fund moneys to soil and water conservation districts to support their operations and oversee districts' programs. Creates FOIA exemptions. House Amendments Engrossed |
Neutral | 03/27/13 |
| SB 1331 | A.D. McEachin | GOVERNOR'S RECOMMENDATION ADOPTED | Limitations on use of drone aircraft. No state or local agency or organization having jurisdiction over criminal law enforcement or regulatory violations, including but not limited to the Department of State Police, and no department of law enforcement as defined in Virginia Code Section 15.2-836 of any city, county, or town shall utilize an unmanned aircraft system before July 1, 2015. Notwithstanding the prohibition in subsection A, an unmanned aircraft system may be deployed before July 1, 2015, in an emergency or major disaster as defined in Virginia Code Section 44-146.16, when an Amber Alert is activated pursuant to Virginia Code Section 52-34.3, when a Senior Alert is activated pursuant to Virginia Code Section 52-34.6, when a Blue Alert is activated pursuant to Virginia Code Section 52-34.9, or during a search and rescue operation if its deployment is necessary to protect life, health, or property. In no case may a weaponized unmanned aircraft system be deployed or its use facilitated by a state or local agency in Virginia. GOVERNOR'S RECOMMENDATION |
Neutral | 04/04/13 |
| SB 1334 | T.K. Norment | Governor: Approved by Governor-Chapter 481 (effective 7/1/13) | Virginia Freedom of Information Act; records exemption for the Commonwealth's Attorneys' Services Council. As amended, provides an exemption from the mandatory disclosure requirements of FOIA for records of the Commonwealth's Attorneys' Services Council, "to the extent such records are prepared for and utilized by the Commonwealth's Attorneys' Services Council in the training of state prosecutors or law-enforcement personnel, where such records are not otherwise available to the public and the release of such records would reveal confidential strategies, methods or procedures to be employed in law-enforcement activities, or materials created for the investigation and prosecution of a criminal case." | Amended | 03/27/13 |
| SB 1335 | M.D. Obenshain | Governor: Approved by Governor-Chapter 659 (effective 7/1/13) | Nondisclosure of concealed handgun permits; persons protected by certain protective orders (as introduced). As originally written, would have prohibited the clerk of a circuit court who issued a concealed handgun permit from disclosing any information indicating the permit was issued, including all personal identifying information contained in the protected person's permit application, for a person who is protected by a protective order that is in full force and effect who has submitted a written request for the confidentiality of such information and a certified copy of the protective order to such clerk of court until the expiration date indicated on the protective order. The substitute bill language, however, would close access to ALL concealed handgun permits. | Oppose | 03/27/13 |
| SB 1344 | J.C. Petersen | Senate: Stricken at request of Patron in General Laws and Technology (15-Y 0-N) | The State Council for Higher Education; accrediting agencies. States that communication between a public university of higher education in the Commonwealth and any national or regional accrediting agency is a public record as defined in Virginia Code Section 2.2-3701 and is subject to the Virginia Freedom of Information Act (Virginia Code Section 2.2-3700 et seq.). Further, an accrediting agency shall be deemed to be a public body and subject to the Virginia Freedom of Information Act to the extent records of the accrediting agency relate to communications between a public institution of higher education in the Commonwealth and the accrediting agency. | Support | 02/04/13 |
| SB 1369 | L.L. Lucas | Senate: Passed by indefinitely in General Laws and Technology with letter (14-Y 0-N) | Virginia Riverboat Gaming Commission; regulation of riverboat gaming; penalties. Creates the Virginia Riverboat Gaming Commission as the licensing body for riverboat gaming. The bill sets up the regulatory system for riverboat gaming and provides penalties for violations of the riverboat gaming law. The bill contains technical amendments, including amendments to the Virginia Freedom of Information Act. | Neutral | 02/04/13 |
| SB 1371 | R.H. Stuart | Senate: Passed by indefinitely in General Laws and Technology with letter (15-Y 0-N) | Virginia Freedom of Information Act; repetitive requests; remedies. Allows a public body to petition the appropriate court for additional time to respond to a request for records when the request is one of a series of requests by the same requester and a response by the public body within the time required by this chapter will prevent the public body from meeting its operational responsibilities. The bill also authorizes a court, in any action to enforce the provisions of FOIA, to decline to order production of the requested records if the evidence shows that the frequency or volume of the record requests made by the petitioner (i) constitutes an unreasonable burden on the resources of the public body, (ii) will prevent the public body from meeting its operational responsibilities, or (iii) has been made to evade the payment of any charges assessed in accordance with FOIA. The bill contains technical amendments. Will be sent with a letter to the FOIA Council for study in the coming year. |
Oppose | 02/04/13 |