SB 972 — Requests for information by members of the General Assembly; responses not subject to redaction.

SESSION history | hilite | pdf | print version 17100582D17104234D SENATE BILL NO.

972 OfferedAMENDMENT JanuaryIN 11,THE 2017NATURE PrefiledOF JanuaryA 3,SUBSTITUTE 2017(Proposed by the Senate Committee on Rules on February 2, 2017) (Patron Prior to Substitute--Senator DeSteph) A BILL to amend the Code of Virginia by adding a section numbered §30-19.2:1, 30-19.2.01, relating to requests for information by members of the General Assembly;

---------- Patron-- DeSteph ---------- Referred to Committee on Rules ---------- Be it enacted by the General Assembly of Virginia:

That the Code of Virginia is amended by adding a section numbered 30-19.2.0130-19.2:1 as follows:

§ 30-19.2.01.30-19.2:1.

AllAs departments,used agencies,in andthis institutionssection, of"state theagency" Commonwealthmeans andany staffauthority, andboard, employeesdepartment, thereofinstrumentality, shallinstitution, respondagency, toor aother requestunit for information made by a member of thestate Generalgovernment. Assembly.

NotwithstandingAny Chapterstate 37agency, (§upon 2.2-3700request etby seq.)a member of Titlethe 2.2,General aAssembly responseacting toin athe requestperformance forof informationsuch mademember's byofficial legislative duties, shall provide such requested records within a memberreasonable time of receiving the Generalrequest, Assemblynot shallto notexceed be14 subjectworking days, unless otherwise agreed to redaction.by such member and the state agency.

If it is not practically possible to provide the requested records or to determine whether they are available within the 14-work-day period, a state agency shall have an additional seven work days to provide the records.

C.

Notwithstanding the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), a response to a request for records made by a member of the General Assembly pursuant to subsection B shall not be subject to redaction unless:

1.

The disclosure of the record or portion thereof is prohibited by law;

or 2.

The disclosure of the record or portion thereof is excluded under § 2.2-3705.2, subdivision 2 of § 2.2-3705.7, or § 2.2-3706.

D.

Any records or information received by a member of the General Assembly in accordance with this section shall not be further disclosed by such member or such member's legislative aide.

The provisions of this subsection shall not apply to the disclosure (i) of statistical summaries, abstracts, or other information in aggregate form compiled by such member or such member's legislative aide that does not allow for identification of specific individuals;

(ii) of records required by law to be disclosed to the public;

or (iii) in accordance with a proper judicial order.