VA SB494 | 2016 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 6 2016 - 100% progression
Action: 2016-04-06 - Governor: Acts of Assembly Chapter text (CHAP0716)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 6 2016 - 100% progression
Action: 2016-04-06 - Governor: Acts of Assembly Chapter text (CHAP0716)
Text: Latest bill text (Chaptered) [HTML]
Summary
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.
Title
Virginia Freedom of Information Act; record exclusions, rule of redaction, etc.
Sponsors
Roll Calls
2016-03-04 - Senate - Senate: Senate rejected Governor's recommendation (0-Y 38-N) (Y: 0 N: 38 NV: 2 Abs: 0) [FAIL]
2016-02-22 - House - House: VOTE: PASSAGE (98-Y 2-N) (Y: 101 N: 2 NV: 0 Abs: 0) [PASS]
2016-02-18 - House - House: Reported from General Laws (19-Y 1-N) (Y: 20 N: 1 NV: 2 Abs: 0) [PASS]
2016-02-16 - Senate - Senate: Passed Senate (38-Y 1-N) (Y: 38 N: 1 NV: 1 Abs: 0) [PASS]
2016-02-16 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2016-02-16 - Senate - Senate: Constitutional reading dispensed (38-Y 0-N) (Y: 38 N: 0 NV: 2 Abs: 0) [PASS]
2016-02-15 - Senate - Senate: Reported from General Laws and Technology with substitute (10-Y 5-N) (Y: 10 N: 5 NV: 0 Abs: 0) [PASS]
2016-02-22 - House - House: VOTE: PASSAGE (98-Y 2-N) (Y: 101 N: 2 NV: 0 Abs: 0) [PASS]
2016-02-18 - House - House: Reported from General Laws (19-Y 1-N) (Y: 20 N: 1 NV: 2 Abs: 0) [PASS]
2016-02-16 - Senate - Senate: Passed Senate (38-Y 1-N) (Y: 38 N: 1 NV: 1 Abs: 0) [PASS]
2016-02-16 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2016-02-16 - Senate - Senate: Constitutional reading dispensed (38-Y 0-N) (Y: 38 N: 0 NV: 2 Abs: 0) [PASS]
2016-02-15 - Senate - Senate: Reported from General Laws and Technology with substitute (10-Y 5-N) (Y: 10 N: 5 NV: 0 Abs: 0) [PASS]
History
Date | Chamber | Action |
---|---|---|
2016-04-06 | Governor: Acts of Assembly Chapter text (CHAP0716) | |
2016-04-06 | Governor: Approved by Governor-Chapter 716 (effective 7/1/16) | |
2016-03-11 | Senate | Communicated to Governor |
2016-03-04 | Senate | Senate rejected Governor's recommendation (0-Y 38-N) |
2016-03-03 | Senate | Passed by for the day |
2016-03-01 | Senate | Governor's substitute printed 16105976D-S2 |
2016-03-01 | Senate | Governor's recommendation received by Senate |
2016-02-23 | Governor: Governor's Action Deadline Midnight, March 1, 2016 | |
2016-02-23 | Senate | Enrolled Bill Communicated to Governor on 2/23/16 |
2016-02-23 | House | Signed by Speaker |
2016-02-23 | Senate | Signed by President |
2016-02-23 | Senate | Bill text as passed Senate and House (SB494ER) |
2016-02-23 | Senate | Enrolled |
2016-02-22 | House | VOTE: PASSAGE (98-Y 2-N) |
2016-02-22 | House | Passed House (98-Y 2-N) |
2016-02-22 | House | Read third time |
2016-02-19 | House | Read second time |
2016-02-18 | House | Reported from General Laws (19-Y 1-N) |
2016-02-18 | House | Referred to Committee on General Laws |
2016-02-18 | House | Read first time |
2016-02-18 | House | Placed on Calendar |
2016-02-16 | Senate | Passed Senate (38-Y 1-N) |
2016-02-16 | Senate | Constitutional reading dispensed (39-Y 0-N) |
2016-02-16 | Senate | Engrossed by Senate - committee substitute SB494S1 |
2016-02-16 | Senate | Committee substitute agreed to 16105285D-S1 |
2016-02-16 | Senate | Reading of substitute waived |
2016-02-16 | Senate | Read second time |
2016-02-16 | Senate | Constitutional reading dispensed (38-Y 0-N) |
2016-02-15 | Senate | Committee substitute printed 16105285D-S1 |
2016-02-15 | Senate | Reported from General Laws and Technology with substitute (10-Y 5-N) |
2016-01-12 | Senate | Referred to Committee on General Laws and Technology |
2016-01-12 | Senate | Prefiled and ordered printed; offered 01/13/16 16103660D |
Same As/Similar To
HB817 (Same As) 2016-04-01 - Governor: Acts of Assembly Chapter text (CHAP0620)
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
2 | 2 | 3704 | (n/a) | See Bill Text |
2 | 2 | 3704.01 | (n/a) | See Bill Text |
2 | 2 | 3705.1 | (n/a) | See Bill Text |
2 | 2 | 3705.7 | (n/a) | See Bill Text |
2 | 2 | 3711 | (n/a) | See Bill Text |
2 | 2 | 3713 | (n/a) | See Bill Text |