SB 152 — FOIA and FOIA Advisory Council; definition of official public government website.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E325 An Act to amend and reenact §§ 2.2-3701 and 30-179 of the Code of Virginia, relating to the Virginia officialFreedom publicof governmentInformation website.VirginiaAct and the Virginia Freedom of Information Advisory Council;

definitRon;definition;

Oofficial [Spublic 152]government Lwebsite. Approved L Be it enacted by the General Assembly of Virginia:

E[S 1.152] Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:

1.

D§ As2.2-3701. used in this chapter, unless the context requires a different meaning:

Definitions.

As used in this chapter, unless the context requires a different meaning:

"Electronic communication" means the use of technology having electrical, digital, magnetic, wireless,wir"Emergency" optical,means electromagnetic,an orunforeseen similarcircumstance capabilitiesrendering tothe transmitnotice orrequired receiveby information.this chaptern.

"Emergency" means an unforeseen circumstance rendering the notice required by this chapter impossible or impracticable and which circumstance requires immediate action.

"Information," as used in the exclusions established by §§ 2.2-3705.1 through 2.2-3705.7, meBnsmeans the content within a public record that references a specifically identified subject matter, and sh5llshall not be int"Meeting"interpreted orto "meetings"require means the meetingsproduction including work sessions, when sitting physically,Eor through electronic communication means pursuant to § 2.2-3708.2, as a body or entity, or as an informal assemblage of (i)information asthat manyis asnot threeembodied membersin or (ii) a quorum, if less than three, of the constituent membership, wherever held, with or without minutes being taken, whether or not votes are cast, of any public body.record.

Neither"Meeting" theor gathering"meetings" ofmeans employeesthe ofmeetings aincluding publicwork bodysessions, norwhen thesitting gatheringphysically, or attendancethrough ofelectronic twocommunication ormeans morepursuant membersto of§ a2.2-3708.2, publicas a body (a) at any place or functionentity, where no part of the purpose of such gathering or attendanceas isan theinformal discussionassemblage or transaction of any(i) publicas business,many andas suchthree gatheringmembers or attendance(ii) wasa notquorum, calledif orless prearrangedthan withthree, any purpose of discussing or transacting any business of inform the electorateconstituent andmembership, notwherever toheld, transactwith public business or towithout holdminutes discussionsbeing relatingtaken, towhether the transaction of public business, even though the performance of the members individually or collectivelynot invotes theare conductcast, of publicany business may be a topic of discussion or debate at such public meeting,body. shall be deemed a "meeting" subject to the provisions of this chapter.

Neither the gathering of employees of a public body nor the gathering or attendance of two or more members of a public body (a) at any place or function where no part of the purpose of such gathering or attendance is the discussion or transaction of any public business, and such gathering or attendance was not called or prearranged with any purpose of discussing or transacting any business of the public body, or (b) at a public forum, candidate appearance, or debate, the purpose of which is to inform the electorate and not to transact public business or to hold discussions relating to the transaction of public business, even though the performance of the members individually or collectively in the conduct of public business may be a topic of discussion or debate at such public meeting, shall be deemed a "meeting" subject to the provisions of this chapter.

"Public body" means any legislative body, authority, board, bureau, commission, district or agency of the Commonwealth or of any political subdivision of the Commonwealth, including cities, towns andencyand of counties, municipal councils, governing bodies of counties, school boards and planning commissions;

It shall not exclude any such committee, subcommittee or entity Systembecause areit "publichas bodies" for purposes of this chapter.ations organized by the Virginia Retirement For the purposes of the provisions of this chapter applicable to access to public records, constitutional officers and private policesector departmentsor ascitizen definedmembers. in § 9.1-101 shall be considered public bodies and, except as otherwise expressly provided by law, shall have the same obligations to disclose public records as other custodians of public records.

"PublicCorporations records"organized means all writings and recordings that consist of letters, words or numbers, or their equivalent, set down by handwriting,the typewriting,Virginia printing,Retirement photostatting,System photography,are magnetic"public impulse,bodies" opticalfor orpurposes magneto-optical form, mechanical or electronic recording or other form of datathis compilation,chapter. possession of a public body or its officers, employees or agents in the transaction of public business.

"RegionalFor publicthe body"purposes meansof athe unitprovisions of governmentthis organizedchapter asapplicable providedto byaccess lawto withinpublic records, constitutional officers and private police departments as defined ofin 2§ boundaries,9.1-101 shall be considered public bodies and, except as determinedotherwise expressly provided by law, shall have the Generalsame Assembly,obligations whichto unitdisclose includespublic tworecords oras moreother localities.custodians of public records.

"Scholastic"Public records" means thoseall recordswritings containingand informationrecordings directlythat relatedconsist toof aletters, studentwords or annumbers, applicantor fortheir admissionequivalent, andset maintaineddown by ahandwriting, publictypewriting, bodyprinting, thatphotostatting, isphotography, anmagnetic educationalimpulse, agencyoptical or institutionmagneto-optical form, mechanical or byelectronic recording or other form of data compilation, however stored, and regardless of physical form or characteristics, prepared or owned by, or in the possession of a personpublic actingbody foror suchits agencyofficers, employees or institution.agents in the transaction of public business.

"Regional public body" means a unit of government organized as provided by law within defined boundaries, as determined by the General Assembly, which unit includes two or more localities.

"Scholastic records" means those records containing information directly related to a student or an of 2 applicant for admission and maintained by a public body that is an educational agency or institution or by a person acting for such agency or institution.