HB 2007 — Virginia Freedom of Information Act; posting of fee policy by a public body.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E599 An Act to amend and reenact § 2.2-3704.1 of the Code of Virginia, relating to the Virginia Freedom of Information Act;

R O [H 2007] Approved LMarch L26, 1.2023 Be it enacted by the General Assembly of Virginia:

1.

D A.

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 officialoff1. public government websites:

A plain English explanation of the rights of a requester under this chapter, the procedures to obtain public records from the public body, and the responsibilities of the public body in complying with this chapter.

For purposes of this section, "plain English" means written in nontechnical,Hreadilynontechnical, readily 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 partic0larparticular field or profession;

7 2.

Contact information for the FOIA officer designated by the public body pursuant to § 2.2-R704.22.2-3704.2 to (i) assist a requester in making a request for records or (ii) respond to requests for public records;

public3. body;ral description, summary, list, or index of the types of public records maintained by such 4.

A general description, summary, list, or index of the types of public records maintained by such public body;

4.

"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 imposeall anyreasonable extraneous,efforts intermediary, or surplus fees or expenses to recoupsupply the generalrequested costs associatedl with creating or maintaining records orat transacting the generallowest businesspossible ofcost. 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 business of the public body.

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 7.§ 2.2-3704 of the Code of Virginia.";

and 7.

developmentC. and implementation of the provisions of subsection A, upon request., shall assist in the

The Freedom of Information Advisory Council, created pursuant to § 30-178, shall assist in the development and implementation of the provisions of subsection A, upon request.