Virginia Freedom of Information Act; estimated charges for records.
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HB 307 — Virginia Freedom of Information Act; estimated charges for records.
Last action — Enacted, Chapter 756 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 27, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Cleared a recorded vote
Passed 9 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Virginia Freedom of Information Act; estimated charges; exception for certain scholastic and property records. Provides that a public body subject to the Virginia Freedom of Information Act shall make all reasonable efforts to supply records requested by a citizen at the lowest possible cost; however, no such public body shall charge for the provision of certain scholastic records or property records. The bill requires a public body, prior to conducting a search for records, to notify the requester in writing of the public body's right to make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for requested records and inquire of the requester whether he would like to request a cost estimate in advance of the supplying of the requested records. Finally, the bill provides that any costs incurred by a public body in estimating the cost of supplying requested records shall be applied toward the overall charges to be paid by the requester for the supplying of such records.
Bill Text
What changed in the latest version
144 added · 151 removedPlain-language change summary
The amendment to HB 307 modifies the procedure for requesting public records under the Virginia Freedom of Information Act. The updated text specifies that requests for records must identify the requested records with reasonable specificity and clarifies that public bodies must respond to requests within five working days. Additionally, the amendment outlines specific scenarios where records may be withheld or not found, ensuring a clearer process for both requesters and custodians of public records.
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2022 RECONVENED SESSION CHAPTER 756R An Act to amend and reenact §§ 2.2-3704 and 2.2-3704.1 of the Code of Virginia, relating to thetheE Virginia Freedom of Information Act;
E N [H 307] Approved AprilR 27,O 20221. Be it enacted by the General Assembly of Virginia:
1.
procedure for requesting records and L responding to request;
L A.
Except as otherwise specifically provided by law, all public records shall be open to citizenscitEzens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth duringdDring the custodianregular inoffice accordancehours with this chapter by inspection or by providing copies of the requestedcustodian records, at the option of thesuch requester.records.
TheAccess custodianto maysuch requirerecords theshall requesterbe toprovided provideby histhe nameat andthe legaloption address.of the requester.
The custodian may require the requester to provide his name and legalds, address.
Any public body that is subject to this chaptercHapter and that is the custodian of the requested records shall promptly, but in all cases within fivefive3working workingresponses daysin ofwriting:equest, receiving a request, provide the requested records to the requester or make one of the following7ollowing responses1. in writing:
1.
Such response shall identify with reasonablereasRnable particularity the volume and subject matter of withheld records, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records.
3.received the request knows that another public body has the requested records, the response shall include contact information for the other public body.
The requested records could not be found or do not exist.
However, if the public body that received the request knows that another public body has the requested records, the response shall include contact information for the other public body.
C.records when the request is for an extraordinary volume of records or requires an extraordinarily lengthy search, and a response by the public body within the time required by this chapter will prevent the public body from meeting its operational responsibilities.
Any public body may petition the appropriate court for additional time to respond to a request for records when the request is for an extraordinary volume of records or requires an extraordinarily lengthy search, and a response by the public body within the time required by this chapter will prevent the public body from meeting its operational responsibilities.
However, a public body may abstract or summarize information underundE. such terms and conditions as agreed between the requester and the public body.
E.
§ 1232g) and such requests for scholastic records by a parent or legal guardian of a minor student or by a student who is 18 years of age or older, a public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records and shall make all reasonable efforts to supply the requested records at the lowest possible cost.
No public body shall impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general of 3 business of the public body.
The public body may also make a reasonable charge for the cost incurred in of 3 supplying records produced from a geographic information system at the request of anyone other than the owner of the land that is the subject of the request.
All state public bodies subject to the provisions of this chapter, any county or city, any town with a population of more than 250, and any school board shall make available the following information to of 3 the public upon request and shall post a link to such information on the homepage of their respective official public government websites:
R 1.
For purposes of this section, "plain English" means written in nontechnical,nontechnical,Ereadily readily of 3 understandable language using words of common everyday usage and avoiding legal terms and phrases or other terms and words of art whose usage or special meaning primarily is limited to a particularparticNlar field or profession;
Contact information for the FOIA officer designated by the public body pursuant to § 2.2-3704.2 to (i) assist a requester in making a request for records or (ii) respond to requests for publicpubliO records;
3.public body;ral description, summary, list, or index of the types of public records maintained Ly such 4.
A general description, summary, list, or index of the types of public records maintained by such public body;
4.
L 5.
Any policy the public body has concerning the type of public records it routinely withholdswithholEs from release as permitted by this chapter or other law;
and 6.cost incurred in accessing, duplicating, supplying, or searching for the requested records and shall make all reasonable efforts to supply the requested records at the lowest possible cost.
The following statement:
"A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records and shall make all reasonable efforts to supply the requested records at the lowest possible cost.
All charges for the supplying of requested records shall be estimated in advance at the request of the citizen Prior to conducting a search for records, the public body shall notify the requester in writing that the publicpublico body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating,duplicatiHg, supplying, or searching for requested records and inquire of the requester whether he would like to request a cost estimate in advance of the supplying of the requested records as set forth in subsectionsu7section F of § 2.2-3704 of the Code of Virginia." B.
Any state public body subject to the provisions of this chapter and any county or city, andaRd any town with a population of more than 250, shall post a link on its official public government website to the online public comment form on the Freedom of Information Advisory Council's website to enable any requester to comment on the quality of assistance provided to the requester by the public body.
View plain text versions (5)
- HB307ER2 View text pdf April 27, 2022
- CHAP0756 View text Current pdf April 27, 2022
- HB307ER View text pdf March 07, 2022
- Committee Substitute Committee substitute printed 22105571D-H1 pdf February 10, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22103274D pdf January 11, 2022
Action History
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Enacted, Chapter 756 (effective 7/1/22)
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Signed by President as reenrolled
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Signed by Speaker as reenrolled
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Reenrolled bill text (HB307ER2)
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Governor's recommendation adopted
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Senate concurred in Governor's recommendation (40-Y 0-N)
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Reenrolled
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Passed by temporarily
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VOTE: Adoption (52-Y 48-N)
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House concurred in Governor's recommendation (52-Y 48-N)
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Placed on Calendar
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Governor's recommendation received by House
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill communicated to Governor on March 22, 2022
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Signed by President
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Signed by Speaker
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Impact statement from DPB (HB307ER)
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Enrolled
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VOTE: Adoption (100-Y 0-N)
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Senate amendment agreed to by House (100-Y 0-N)
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Passed Senate with amendment (40-Y 0-N)
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Engrossed by Senate as amended
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Committee amendment agreed to
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Reading of amendment waived
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Read third time
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Constitutional reading dispensed (39-Y 0-N)
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Reported from General Laws and Technology with amendment (15-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Referred to Committee on General Laws and Technology
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Constitutional reading dispensed
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VOTE: Block Vote Passage (100-Y 0-N)
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Read third time and passed House BLOCK VOTE (100-Y 0-N)
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Impact statement from DPB (HB307H1)
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Engrossed by House - committee substitute HB307H1
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Committee substitute agreed to 22105571D-H1
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Read second time
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Read first time
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Committee substitute printed 22105571D-H1
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Reported from General Laws with substitute (22-Y 0-N)
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House committee, floor amendments and substitutes offered
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Subcommittee recommends reporting with substitute (8-Y 0-N)
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House subcommittee amendments and substitutes offered
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Assigned GL sub: Subcommittee #4
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Impact statement from DPB (HB307)
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Referred to Committee on General Laws
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Prefiled and ordered printed; offered 01/12/22 22103274D
Sponsors
- Angelia Williams Graves · Cosponsor
- Wendell S. Walker · Cosponsor
- Nicholas J. Freitas · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 145 not signed on · 47 voted No
Sponsors (1)
Co-sponsors (2)
- Angelia Williams Graves Voted No
- Wendell S. Walker
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 51 | 48 | 0 | 0 |
| Total | 51 | 48 | 0 | 0 |
| % of votes cast | 52% | 48% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Chris S. Runion | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Danica A. Roem | — | Yea |
| Emily M. Jordan | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| James W. Morefield | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Murphy, Kathleen | — | Yea |
| Paul E. Krizek | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Thomas C. Wright, Jr. | — | Yea |
| Wampler, William C., III | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Campbell, Jeffrey L. | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Danica A. Roem | — | Yea |
| Emily M. Jordan | — | Yea |
| James A. "Jay" Leftwich | — | Not Voting |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Wampler, William C., III | — | Yea |
| Wendell S. Walker | — | Yea |
Subjects
Frequently asked questions
- What does HB 307 do?
- Virginia Freedom of Information Act; estimated charges; exception for certain scholastic and property records. Provides that a public body subject to the Virginia Freedom of Information Act shall make all reasonable efforts to supply records requested by a citizen at the lowest possible cost; however, no such public body shall charge for the provision of certain scholastic records or property records. The bill requires a public body, prior to conducting a search for records, to notify the requester in writing of the public body's right to make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for requested records and inquire of the requester whether he would like to request a cost estimate in advance of the supplying of the requested records. Finally, the bill provides that any costs incurred by a public body in estimating the cost of supplying requested records shall be applied toward the overall charges to be paid by the requester for the supplying of such records.
- Who sponsors HB 307?
- HB 307 is sponsored by Angelia Williams Graves, Wendell S. Walker, and Freitas, Nicholas J..
- What is the current status of HB 307?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track HB 307?
- Track HB 307 free on One Click Politics — get push/email alerts when it moves.
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