SB 85 — Virginia Freedom of Information Act; definition of 'caregiver,' remote participation in meetings.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E617 An Act to amend and reenact §§ 2.2-3701 and 2.2-3708.3 of the Code of Virginia, relating to theNthe personsVirginia withFreedom disabilitiesof andInformation caregivers;Act;

remotedefinition voting.giver";of "caregiver";

remote participation in meetRngsmeetings by Opersons [Swith 85]disabilities Land Approvedcaregivers; L Be it enacted by the General Assembly of Virginia:

Eremote 1.voting.

That[S §§85] 2.2-3701Approved andApril 2.2-3708.38, of2024 theBe Codeit ofenacted Virginiaby are amended and reenacted as followsD As used in this chapter, unless the contextGeneral requiresAssembly aof differentVirginia: meaning:

"All-virtual1. public meeting" means a public meeting (i) conducted by a public body, other than those excepted pursuant to subsection C of § 2.2-3708.3, using electronic communication means, (ii) during which all members of the public body who participate do so remotely rather than being assembled in one physical location, and (iii) to which public access is provided through electronic communication means.

"Caregiver"That means§§ an2.2-3701 adultand who2.2-3708.3 providesof carethe forCode aof personVirginia withare aamended disabilityand reenacted as definedfollows: in B § 51.5-40.1.

A§ caregiver2.2-3701. shall be either related by blood, marriage, or adoption to or the lega5ly app"Closed meeting" means a meeting from which the public is excluded.ng.

EDefinitions. "Electronic communication" means the use of technology having electrical, digital, magnetic,R wireless, optical, electromagnetic, or similar capabilities to transmit or receive information.

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

"All-virtual public meeting" means a public meeting (i) conducted by a public body, other than those excepted pursuant to subsection C of § 2.2-3708.3, using electronic communication means, (ii) during one physical location, and (iii) to which public access is provided through electronic communication means.

"Caregiver" means an adult who provides care for a person with a disability as defined in § 51.5-40.1.

A caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the person with a disability for whom he is caring.

"Closed meeting" means a meeting from which the public is excluded.

"Electronic communication" means the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities to transmit or receive information.

"Meeting" or "meetings" means the meetings including work sessions, when sitting physically, or through electronic communication means pursuant to § 2.2-3708.2 or 2.2-3708.3, as a body or entity, or as an informal assemblage of (i) as many as three members 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.

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 orelatingor to 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 counties, cities, and towns, municipal councils, governing bodies of counties, school boards, and planning commissions;

Corporations organized by the Virginia Retirement SysForSystem theare purposes"public ofbodies" thefor provisionspurposes of this chapterchapter. applicable to access to public records, constitutional officers and private police departments as defined in § 9.1-101 shall be considered public of 3 bodies and, except as otherwise expressly provided by law, shall have the same obligations to disclose public records as other custodians of public records.

"PublicFor records"the meanspurposes allof writingsthe andprovisions recordings that consist of letters,this words,chapter orapplicable numbers,to oraccess theirto equivalent,public setrecords, downconstitutional byofficers handwriting,and typewriting,private printing,police photostatting,departments photography,as magneticdefined impulse,in optical§ or9.1-101 magneto-opticalshall form,be mechanicalconsidered orpublic electronicbodies recording,and, orexcept otheras formotherwise ofexpressly dataprovided compilation,by howeverlaw, stored,shall andhave regardless of physical form or characteristics, prepared or owned by, or in the possessionsame ofobligations ato disclose public bodyrecords oras itsother officers,custodians employees, or agents in the transaction of public business.records.

of 3 "Public records" means all writings and recordings that consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostatting, photography, magnetic impulse, optical or magneto-optical form, mechanical or electronic 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 public body or its officers, employees, or agents in the transaction of public business.

With the exception of local governing bodies, local school boards, planning commissions, architectural review boards, zoning appeals boards, and boards with the authority to deny, revoke, or suspend a professional or occupational license, any public body may hold all-virtual public meetings, of 3 provided that the public body follows the other requirements in this chapter for meetings, the public body has adopted a policy as described in subsection D, and:

E 1.

An indication of whether the meeting will be an in-person or all-virtual public meeting is included in the required meeting notice along with a statement notifying the public that the method by which a public body chooses to meet shall not be changed unless the public body provides a new meeting notice of 3 in accordance with the provisions of § 2.2-3707;

unless the public body provides a new meeting Rotice 2.

Public access to the all-virtual public meeting is provided via electronic communication Oeans;means;

L 4.

A phone number or other live contact information is provided to alert the public body if the audio or video transmission of the meeting provided by the public body fails, the public body monitorEmonitors such designated means of communication during the meeting, and the public body takes a recess until Dublicpublic acc5.access is restored if the transmission fails for the public;

5.

B 8.

If a closed session is held during an all-virtual public meeting, transmission of the mee5ingmeeting to the §public 2.2-3712;mesresumes before the public body votes to certify the closed meeting as required by subsecEionsubsection D of 9.§ 2.2-3712;

9.

If a member's participation from a remote location pursuant to this subsection is disapproved because such participation minuteswould withviolate specificity.adoptedthe policy adopted pursuant to subsection D, such disapproval shall be recorded in the D.minutes with specificity.

D.

Describe the circumstances under which an all-virtual public meeting and remote participation will be allowed and the process the public body will use for making requests to use remote participation, app2.approving or denying such requests, and creating a record of such requests;

and 2.

Any public body that creates a committee, subcommittee, or other entity however designated of the public body to perform delegated functions of the public body or to advise the public body may also adopt a policy on behalf of its committee, subcommittee, or other entity that shall apply to the meetings.,committee, subcommittee, or other entity's use of individual remote participation and all-virtual public meetings.