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VIRGINIA ACTS OF ASSEMBLY -- 2022 RECONVENED SESSION CHAPTER 756 An Act to amend and reenact §§ 2.2-3704 and 2.2-3704.1 of the Code of Virginia, relating to the Virginia Freedom of Information Act;
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER R An Act to amend and reenact §§ 2.2-3704 and 2.2-3704.1 of the Code of Virginia, relating to theE Virginia Freedom of Information Act;
[H 307] Approved April 27, 2022 Be it enacted by the General Assembly of Virginia:
E N [H 307] Approved R O 1.
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procedure for requesting records and responding to request;
procedure for requesting records and L responding to request;
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L A.
Except as otherwise specifically provided by law, all public records shall be open to citizens 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 during the custodian in accordance with this chapter by inspection or by providing copies of the requested records, at the option of the requester.
Except as otherwise specifically provided by law, all public records shall be open to citEzens 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 dDring the regular office hours of the custodian of such records.
The custodian may require the requester to provide his name and legal address.
Access to such records shall be provided by the at the option of the requester.
The custodian may require the requester to provide his name and legalds, address.
Any public body that is subject to this chapter and that is the custodian of the requested records shall promptly, but in all cases within five working days of receiving a request, provide the requested records to the requester or make one of the following responses in writing:
Any public body that is subject to this cHapter and that is the custodian of the requested records shall promptly, but in all cases within five3working responses in writing:equest, provide the requested records to the requester or make one of the 7ollowing 1.
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Such response shall identify with reasonable 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.
Such response shall identify with reasRnable 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.
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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.
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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 under such terms and conditions as agreed between the requester and the public body.
However, a public body may abstract or summarize information undE.
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§ 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.
§ 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 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 business of the public body.
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.
The public body may also make a reasonable charge for the cost incurred in 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 the public upon request and shall post a link to such information on the homepage of their respective official public government websites:
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:
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R 1.
For purposes of this section, "plain English" means written in nontechnical, 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 particular field or profession;
For purposes of this section, "plain English" means written in nontechnical,Ereadily or other terms and words of art whose usage or special meaning primarily is limited to a particNlar 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 public records;
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 publiO records;
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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;
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Any policy the public body has concerning the type of public records it routinely withholds from release as permitted by this chapter or other law;
Any policy the public body has concerning the type of public records it routinely withholEs from release as permitted by this chapter or other law;
and 6.
and 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 public body may 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 as set forth in subsection F of § 2.2-3704 of the Code of Virginia." B.
All charges for conducting a search for records, the public body shall notify the requester in writing that the publico body may make reasonable charges not to exceed its actual cost incurred in accessing, 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 su7section F of B.
Any state public body subject to the provisions of this chapter and any county or city, and 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.
Any state public body subject to the provisions of this chapter and any county or city, aRd 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.
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