Virginia Freedom of Information Act; amends definition of meeting, provisions of Act.
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SB 36 — Virginia Freedom of Information Act; amends definition of meeting, provisions of Act.
Last action — Acts of Assembly Chapter text (CHAP0756)
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 Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 16, 2023. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 08, 2024.
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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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
9 passed, 1 failed in 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; definitions of meetings and public business. Exempts certain public meetings from the definition of "meeting" under the Virginia Freedom of Information Act to clarify that three or more members of a public body may appear and participate in such public meeting without violating the Act, provided that no public business is transacted or discussed. The bill also exempts members of a public body who attend a public meeting of a second public body without violating the Act, provided that no public business is transacted or discussed. Finally, the bill defines "public business" as activity that a public body has undertaken or proposed to undertake on behalf of the people it represents. The bill states that its provisions are declarative of existing law. This bill is identical to HB 818.
Bill Text
What changed in the latest version
77 added · 75 removedPlain-language change summary
The recent amendment to Virginia's Freedom of Information Act introduces a new definition for "all-virtual public meeting," specifying that such meetings are conducted entirely online, allowing participants to join remotely. This change is significant because it formalizes the practice of virtual meetings, ensuring that all members of the public body can participate without needing to be in a single physical location. By enhancing accessibility, this update acknowledges the growing importance of technology in public governance and aims to make participation easier for citizens.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E756 An Act to amend and reenact § 2.2-3701 of the Code of Virginia, relating to the Virginia Freedom of Information Act;
R O [S 36] Approved LApril L8, 2024 Be it enacted by the General Assembly of Virginia:
E § 2.2-3701.
DAs "All-virtualused publicin meeting"this meanschapter, aunless publicthe meetingcontext (i)requires conducted by a publicdifferent body,meaning: 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.
"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 which all members of the public body who participate do so remotely rather than being assembled in means.ysical location, and (iii) to which public access is provided through electronic communication "Closed meeting" means a meeting from which the public is excluded.
"Electronic communication" means the use of technology having electrical, digital, magnetic,Bmagnetic, wireless, optical, electromagnetic, or similar capabilities to transmit or receive information.6information. impossible or impracticable and which circumstance requires immediate action.
by"Emergency" thismeans chapteran Eunforeseen "Information,"circumstance asrendering used in the exclusionsnotice establishedrequired by §§this 2.2-3705.1chapter throughimpossible 2.2-3705.7,or meansimpracticable the content within a public record that references a specifically identified subject matter, and shallwhich notcircumstance berequires interpretedimmediate toaction. require the production of information that is not embodied in a public record.
"Meeting""Information," oras "meetings"used meansin the meetingsexclusions includingestablished workby sessions,§§ when2.2-3705.1 sitting physically, or through electronic2.2-3705.7, 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 constituentcontent membership,within wherever held, with or without minutes being taken, whether or not votes are attendance of two or more members of a public bodyrecord (a)that atreferences anya placespecifically oridentified functionsubject wherematter, no part of the purpose of such gathering or attendance is the discussion or transaction of any public business, and suchshall gathering or attendance was not calledbe orinterpreted prearrangedto withrequire any purpose of discussing or transacting any business of the publicproduction body, and no discussion or transaction of publicinformation businessthat takes place among the members of the public body or (b) at a public forum, informational gathering, candidate appearance, meeting of another public body, or debate, the purpose of which is to inform the electorate or to gather information from the public and not toembodied transact public business or to hold discussions relating to the transaction of public business, where no discussion or transaction of public business takes place among collectively in the conduct of public business may be a topic of discussion or, debate, or question presented by others at such public meeting,record. shall be deemed a "meeting" subject to the provisions of this chapter.
"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, and no discussion or transaction of public business takes place among the members of the public body or (b) at a public forum, informational gathering, candidate appearance, meeting of another public body, or debate, the purpose of which is to inform the electorate or to gather information from the public and not to transact public business or to hold discussions relating to the transaction of public business, where no discussion or transaction of public business takes place among the members of the public body, even though the performance of the members individually or collectively in the conduct of public business may be a topic of discussion or, debate, or question presented by others at such public meeting, shall be deemed a "meeting" subject to the provisions of this chapter.
"Official public government website" means any Internet site controlled by a public body and used, among any other purposes, to post required notices and other content pursuant to this chapter on behalf of "Open meeting" or "public meeting" means a meeting at which the public maybody. be present.
"Open meeting" or "public meeting" means a meeting at which the public may be present.
It shall include (i) the Virginia Birth-Related Neurological Injury Compensation Program and its board of directors established pursuant to Chapter 50 (§ 38.2-5000 et seq.) of Title 38.2 and (ii) any committee, subcommittee, or other entity however designated of the public body created to perform delegated functions of the public body or to advise the public body.
It shall not exclude any such committee, subcommittee, or entityblicentity because it has private sector or citizen members.
Corporations organized by the Virginia Retirement of 2 System are "public bodies" for purposes of this chapter.
For the purposes of the provisions of this chapter applicable to access to public records, of 2 constitutional officers and private police departments as defined in § 9.1-101 shall be considered public bodies and, except as otherwise expressly provided by law, shall have the same obligations to disclose public records as other custodians of public records.
View plain text versions (6)
- CHAP0756 View text Current pdf April 08, 2024
- SB36ER View text pdf March 25, 2024
- Conference Substitute Conference substitute printed 24108910D-S2 pdf March 07, 2024
- Committee Substitute Committee substitute printed 24107940D-H1 pdf February 22, 2024
- Committee Substitute Committee substitute printed 24105430D-S1 pdf January 24, 2024
- Prefiled Prefiled and ordered printed; offered 01/10/24 24102327D pdf December 16, 2023
Action History
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Acts of Assembly Chapter text (CHAP0756)
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Approved by Governor-Chapter 756 (effective 7/1/24)
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Impact statement from DPB (SB36ER)
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Governor's Action Deadline 11:59 p.m., April 8, 2024
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Enrolled Bill Communicated to Governor on March 27, 2024
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Signed by Speaker
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Signed by President
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Bill text as passed Senate and House (SB36ER)
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Enrolled
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Conference report agreed to by Senate (40-Y 0-N)
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VOTE: Adoption (99-Y 0-N)
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Conference report agreed to by House (99-Y 0-N)
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Impact statement from DPB (SB36S2)
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Conference substitute printed 24108910D-S2
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Amended by conference committee
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Delegates: Carr, McClure, Wiley
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Conferees appointed by House
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Senators: Locke, McPike, Stuart
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Conferees appointed by Senate
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Senate acceded to request (40-Y 0-N)
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Passed by for the day
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House requested conference committee
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House insisted on substitute
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House substitute rejected by Senate (0-Y 39-N)
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VOTE: Block Vote Passage (97-Y 0-N)
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Passed House with substitute BLOCK VOTE (97-Y 0-N)
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Engrossed by House - committee substitute SB36H1
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Committee substitute agreed to 24107940D-H1
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Read third time
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Read second time
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Impact statement from DPB (SB36H1)
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Committee substitute printed 24107940D-H1
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Reported from General Laws with substitute (22-Y 0-N)
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Subcommittee recommends reporting with substitute (8-Y 0-N)
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Assigned GL sub: Procurement/Open Government
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Referred to Committee on General Laws
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB36S1)
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Read third time and passed Senate (40-Y 0-N)
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Engrossed by Senate - committee substitute SB36S1
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Committee substitute agreed to 24105430D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (37-Y 0-N)
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Committee substitute printed 24105430D-S1
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Reported from General Laws and Technology with substitute (15-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Impact statement from DPB (SB36)
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Referred to Committee on General Laws and Technology
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Prefiled and ordered printed; offered 01/10/24 24102327D
Sponsors
- Mamie E. Locke · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 38 voted No
Sponsors (1)
- Mamie E. Locke Voted No
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"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)
| 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 | — | 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 | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
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)
| 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 | — | 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 | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 39 | 0 | 1 |
| Total | 0 | 39 | 0 | 1 |
| % of votes cast | 0% | 98% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Nay |
| Angelia Williams Graves | — | Not Voting |
| Barbara A. Favola | — | Nay |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| Carroll Foy, Jennifer D. | — | Nay |
| Christie New Craig | — | Nay |
| Christopher T. Head | — | Nay |
| Danica A. Roem | — | Nay |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Nay |
| Ebbin, Adam P. | — | Nay |
| Emily M. Jordan | — | Nay |
| Glen H. Sturtevant, Jr. | — | Nay |
| Hashmi, Ghazala F. | — | Nay |
| J.D. "Danny" Diggs | — | Nay |
| Jennifer B. Boysko | — | Nay |
| Jeremy S. McPike | — | Nay |
| L. Louise Lucas | — | Nay |
| Lamont Bagby | — | Nay |
| Lashrecse D. Aird | — | Nay |
| Mamie E. Locke | — | Nay |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| McGuire, John J., III | — | Nay |
| R. Creigh Deeds | — | Nay |
| Richard H. Stuart | — | Nay |
| Russet Perry | — | Nay |
| Ryan T. McDougle | — | Nay |
| Saddam Azlan Salim | — | Nay |
| Schuyler T. VanValkenburg | — | Nay |
| Scott A. Surovell | — | Nay |
| Stella G. Pekarsky | — | Nay |
| Subramanyam, Suhas | — | Nay |
| T. Travis Hackworth | — | Nay |
| Tammy Brankley Mulchi | — | Nay |
| Tara A. Durant | — | Nay |
| Timmy French | — | Nay |
| Todd E. Pillion | — | Nay |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 96 | 0 | 0 | 3 |
| Total | 96 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
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 |
|---|---|---|
| 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 |
| 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 |
|---|---|---|
| Adele Y. McClure | — | Yea |
| Betsy B. Carr | — | Yea |
| Bill Wiley | — | Yea |
| Bulova, David L. | — | Not Voting |
| Coyner, Carrie E. | — | Yea |
| Joshua G. Cole | — | Yea |
| Karrie K. Delaney | — | Yea |
| Marcus B. Simon | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| 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)
| 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 | — | 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 | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
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 |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| 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 |
Subjects
Frequently asked questions
- What does SB 36 do?
- Virginia Freedom of Information Act; definitions of meetings and public business. Exempts certain public meetings from the definition of "meeting" under the Virginia Freedom of Information Act to clarify that three or more members of a public body may appear and participate in such public meeting without violating the Act, provided that no public business is transacted or discussed. The bill also exempts members of a public body who attend a public meeting of a second public body without violating the Act, provided that no public business is transacted or discussed. Finally, the bill defines "public business" as activity that a public body has undertaken or proposed to undertake on behalf of the people it represents. The bill states that its provisions are declarative of existing law. This bill is identical to HB 818.
- Who sponsors SB 36?
- SB 36 is sponsored by Mamie E. Locke.
- What is the current status of SB 36?
- This bill has been enacted into law. Introduced December 16, 2023. Enacted.
- Where can I track SB 36?
- Track SB 36 free on One Click Politics — get push/email alerts when it moves.
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