Virginia 2024 Regular Session Status: Enacted

HB 894 — Virginia Freedom of Information Act; electronic meetings.

Last action — Acts of Assembly Chapter text (CHAP0056)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 08, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 80% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 14 sponsors

    1 primary, 13 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Virginia Freedom of Information Act; electronic meetings. Amends the number of all-virtual public meetings that public bodies, with certain exceptions, may convene in a calendar year to no more than two times per calendar year or 50 percent of the meetings held per calendar year rounded up to the next whole number, whichever is greater. Current law limits the number of all-virtual public meetings to no more than two times per calendar year or 25 percent of the meetings held per calendar year rounded up to the next whole number, whichever is greater. The bill also provides that with respect to all-virtual public meetings, when audio-visual technology is available, a member of a public body shall, for purposes of a quorum, be considered absent from any portion of the meeting during which visual communication with the member is voluntarily disconnected or otherwise fails or during which audio communication involuntarily fails. This bill is identical to SB 734. 

Bill Text

What changed in the latest version

97 added · 95 removed

Plain-language change summary

The recent changes to HB 894 make it clear that public bodies in Virginia should provide both in-person and online access to meetings, which includes allowing public comments through various methods. Most notably, it specifies that a member can participate remotely if they have a disability, need to care for a family member, live over 60 miles away, or have a personal matter, but limits personal matters to two instances per year or 25% of meetings. This matters because it increases accessibility for members who may otherwise struggle to attend meetings, ensuring that more voices can be heard in the legislative process.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 2.2-3708.3 of the Code of Virginia, relating to the Virginia Freedom of Information Act;
VIRGINIA ACTS OF ASSEMBLY -- 2024 SESSION CHAPTER 56 An Act to amend and reenact § 2.2-3708.3 of the Code of Virginia, relating to the Virginia Freedom of Information Act;
R O [H 894] Approved L L Be it enacted by the General Assembly of Virginia:
[H 894] Approved March 8, 2024 Be it enacted by the General Assembly of Virginia:
E § 2.2-3708.3.
§ 2.2-3708.3.
situations other than D decA.
situations other than declared states of emergency.
Public bodies are encouraged to (i) provide public access, both in person and through electronic communication means, to public meetings and (ii) provide avenues for public comment at public meetings when public comment is customarily received, which may include public comments made in person or by electronic communication means or other methods.
A.
B.
Public bodies are encouraged to (i) provide public access, both in person and through electronic communication means, to public meetings and (ii) provide avenues for public comment at public meetings when public comment is customarily received, which may include public comments made in perB.
H 1.
1.
The member has a temporary or permanent disability or other medical condition that preven8s the mem2.
The member has a temporary or permanent disability or other medical condition that prevents the member's physical attendance;
2.
R 3.
3.
subsection, the public body holding the meeting shall record in its minutes the remote location from which the member participated;
If participation by a member through electronic communication means is approved pursuant to this subsection, the public body holding the meeting shall record in its minutes the remote location from which the member participated;
If participation is approved pursuant to subdivision 3, the public body shall also include in distance between the member's principal residence and the meeting location.
If participation is approved pursuant to subdivision 3, the public body shall also include in its minutes the fact that the member participated through electronic communication means due to the distance between the member's principal residence and the meeting location.
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 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:
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, 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:
The electronic communication means used allows the public to hear all members of the public the members of the public body as well.
The electronic communication means used allows the public to hear all members of the public body participating in the all-virtual public meeting and, when audio-visual technology is available, to see the members of the public body as well.
When audio-visual technology is available, a member of able, to see public body shall, for purposes of a quorum, be considered absent from any portion of the meeting of 2 during which visual communication with the member is voluntarily disconnected or otherwise fails or during which audio communication involuntarily fails;
When audio-visual technology is available, a member of a public body shall, for purposes of a quorum, be considered absent from any portion of the meeting during which visual communication with the member is voluntarily disconnected or otherwise fails or during which audio communication involuntarily fails;
4.
of 2 4.
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Action History

  1. Acts of Assembly Chapter text (CHAP0056)

  2. Approved by Governor-Chapter 56 (effective 7/1/24)

  3. Governor's Action Deadline 11:59 p.m., March 8, 2024

  4. Enrolled Bill communicated to Governor on March 1, 2024

  5. Signed by President

  6. Signed by Speaker

  7. Impact statement from DPB (HB894ER)

  8. Bill text as passed House and Senate (HB894ER)

  9. Enrolled

  10. Passed Senate (32-Y 7-N)

  11. Reconsideration of Senate passage agreed to by Senate (39-Y 0-N)

  12. Passed Senate (32-Y 6-N)

  13. Read third time

  14. Constitutional reading dispensed (38-Y 0-N)

  15. Reported from General Laws and Technology (14-Y 0-N 1-A)

  16. Referred to Committee on General Laws and Technology

  17. Constitutional reading dispensed

  18. VOTE: Passage (74-Y 26-N)

  19. Read third time and passed House (74-Y 26-N)

  20. Read second time and engrossed

  21. Read first time

  22. Reported from General Laws (22-Y 0-N)

  23. Subcommittee recommends reporting (8-Y 0-N)

  24. Assigned GL sub: Procurement/Open Government

  25. Impact statement from DPB (HB894)

  26. Referred to Committee on General Laws

  27. Prefiled and ordered printed; offered 01/10/24 24100596D

Sponsors

Sponsorship breakdown

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1 sponsors · 13 co-sponsors · 134 not signed on · 35 voted No

Sponsors (1)

Co-sponsors (13)

Not signed on (134)

134 members have not signed on to this bill.

Show all 134 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Reconsideration of Senate passage agreed to by Senate (39-Y 0-N)

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Not Voting
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed Senate (32-Y 6-N)

Passed 32 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 32602
Total 32602
% of votes cast 80%15%0%5%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Not Voting
David R. Suetterlein — Nay
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Nay
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
McGuire, John J., III — Nay
R. Creigh Deeds — Yea
Richard H. Stuart — Not Voting
Russet Perry — Yea
Ryan T. McDougle — Nay
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed Senate (32-Y 7-N)

Passed 32 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 32701
Total 32701
% of votes cast 80%18%0%3%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Nay
David R. Suetterlein — Nay
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Nay
McGuire, John J., III — Nay
R. Creigh Deeds — Yea
Richard H. Stuart — Not Voting
Russet Perry — Yea
Ryan T. McDougle — Nay
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Nay
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Nay
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (38-Y 0-N)

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 38002
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Not Voting
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Not Voting
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from General Laws and Technology (14-Y 0-N 1-A)

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14001
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Aaron R. Rouse — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Not Voting
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Jeremy S. McPike — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Schuyler T. VanValkenburg — Yea
Subramanyam, Suhas — Yea
Timmy French — Yea
Todd E. Pillion — Yea

Official roll call →

VOTE: Passage (74-Y 26-N)

Passed 73 Yea · 26 Nay
Party YeaNayPresentNot Voting
Unaffiliated 732600
Total 732600
% of votes cast 74%26%0%0%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Nay
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Nay
Ennis, N. Baxter — Yea
Eric Phillips — Yea
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Nay
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Nay
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Nay
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Nay
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mike A. Cherry — Yea
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Nay
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Nay
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Nay
Timothy P. Griffin — Nay
Tony O. Wilt — Nay
Vivian E. Watts — Yea
Wendell S. Walker — Nay
Will Davis — Nay
Wren M. Williams — Yea

Official roll call →

Reported from General Laws (22-Y 0-N)

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 22000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Adele Y. McClure — Yea
Arnold, Jonathan, E. P. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bulova, David L. — Yea
Coyner, Carrie E. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Holly M. Seibold — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Karrie K. Delaney — Yea
Knight, Barry D. — Yea
Luke E. Torian — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Paul E. Krizek — Yea
Robert S. Bloxom, Jr. — Yea
Terry L. Austin — Yea

Official roll call →

Subjects

public-safety elections technology
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Frequently asked questions

What does HB 894 do?
Virginia Freedom of Information Act; electronic meetings. Amends the number of all-virtual public meetings that public bodies, with certain exceptions, may convene in a calendar year to no more than two times per calendar year or 50 percent of the meetings held per calendar year rounded up to the next whole number, whichever is greater. Current law limits the number of all-virtual public meetings to no more than two times per calendar year or 25 percent of the meetings held per calendar year rounded up to the next whole number, whichever is greater. The bill also provides that with respect to all-virtual public meetings, when audio-visual technology is available, a member of a public body shall, for purposes of a quorum, be considered absent from any portion of the meeting during which visual communication with the member is voluntarily disconnected or otherwise fails or during which audio communication involuntarily fails. This bill is identical to SB 734. 
Who sponsors HB 894?
HB 894 is sponsored by Jackie H. Glass, Elizabeth B. Bennett-Parker, Adele Y. McClure, Joshua G. Cole, Kathy K.L. Tran, Jennifer B. Boysko, Barbara A. Favola, C.E. Cliff Hayes, Jr., Amy J. Laufer, Marcia S. "Cia" Price, Briana D. Sewell, Irene Shin, Michelle Lopes Maldonado, and Candi Mundon King.
What is the current status of HB 894?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track HB 894?
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