Bill Text: VA HB1149 | 2012 | Regular Session | Introduced
Bill Title: Freedom of Information Act; electronic communication meetings by local and regional public bodies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-14 - House: Left in General Laws [HB1149 Detail]
Download: Virginia-2012-HB1149-Introduced.html
12102584D Be it enacted by the General Assembly of Virginia: 1. That §§ 2.2-3707, 2.2-3708, and 23-38.95 of the Code of Virginia are amended and reenacted as follows: §2.2-3707. Meetings to be public; notice of meetings; recordings; minutes. A. All meetings of public bodies shall be open, except as provided in §§2.2-3707.01 and 2.2-3711. B. No meeting shall be conducted through telephonic, video, electronic or other communication means where the members are not physically assembled to discuss or transact public business, except as provided in § 2.2-3708, 2.2-3708.1 or as may be specifically provided in Title 54.1 for the summary suspension of professional licenses. C. Every public body shall give notice of the date, time, and location of its meetings by placing the notice in a prominent public location at which notices are regularly posted and in the office of the clerk of the public body, or in the case of a public body that has no clerk, in the office of the chief administrator. All state public bodies subject to the provisions of this chapter shall also post notice of their meetings on their websites and on the electronic calendar maintained by the Virginia Information Technologies Agency commonly known as the Commonwealth Calendar. Publication of meeting notices by electronic means by other public bodies shall be encouraged. The notice shall be posted at least three working days prior to the meeting. Notices for meetings of state public bodies on which there is at least one member appointed by the Governor shall state whether or not public comment will be received at the meeting and, if so, the approximate point during the meeting when public comment will be received. D. Notice, reasonable under the circumstance, of special or emergency meetings shall be given contemporaneously with the notice provided members of the public body conducting the meeting. E. Any person may annually file a written request for notification with a public body. The request shall include the requester's name, address, zip code, daytime telephone number, electronic mail address, if available, and organization, if any. The public body receiving such request shall provide notice of all meetings directly to each such person. Without objection by the person, the public body may provide electronic notice of all meetings in response to such requests. F. At least one copy of all agenda packets and, unless exempt, all materials furnished to members of a public body for a meeting shall be made available for public inspection at the same time such documents are furnished to the members of the public body. G. Nothing in this chapter shall be construed to prohibit the gathering or attendance of two or more members of a public body (i) 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 (ii) 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 or collectively in the conduct of public business may be a topic of discussion or debate at such public meeting. The notice provisions of this chapter shall not apply to informal meetings or gatherings of the members of the General Assembly. H. Any person may photograph, film, record or otherwise reproduce any portion of a meeting required to be open. The public body conducting the meeting may adopt rules governing the placement and use of equipment necessary for broadcasting, photographing, filming or recording a meeting to prevent interference with the proceedings, but shall not prohibit or otherwise prevent any person from photographing, filming, recording, or otherwise reproducing any portion of a meeting required to be open. No public body shall conduct a meeting required to be open in any building or facility where such recording devices are prohibited. I. Minutes shall be recorded at all open meetings. However, minutes shall not be required to be taken at deliberations of (i) standing and other committees of the General Assembly; (ii) legislative interim study commissions and committees, including the Virginia Code Commission; (iii) study committees or commissions appointed by the Governor; or (iv) study commissions or study committees, or any other committees or subcommittees appointed by the governing bodies or school boards of counties, cities and towns, except where the membership of any such commission, committee or subcommittee includes a majority of the governing body of the county, city or town or school board. Minutes, including draft minutes, and all other records of open meetings, including audio or audio/visual records shall be deemed public records and subject to the provisions of this chapter. Minutes shall be in writing and shall include (i) the date,
time, and location of the meeting; (ii) the members of the public body recorded
as present and absent; and (iii) a summary of the discussion on matters
proposed, deliberated or decided, and a record of any votes taken. In addition,
for electronic communication meetings conducted in accordance with §2.2-3708,
minutes of §2.2-3708. Electronic communication meetings; applicability; physical quorum required; notice; report. A.
If
1. The total number of electronic communication meetings held that year; 2. The dates and purposes of the meetings; 3. The number of sites for each meeting; 4. The types of electronic communication means by which the meetings were held; 5. The number of participants, including members of the public, at each meeting location; 6. The identity of the members of the public body recorded as absent and those recorded as present at each meeting location; 7. A summary of any public comment received about the electronic communication meetings; and 8. A written summary of the public body's experience using electronic communication meetings, including its logistical and technical experience.
§23-38.95. Public access to information. A covered institution shall continue to be subject to §
2.2-4342 and to the provisions of the Virginia Freedom of Information Act (§
2.2-3700 et seq.), but shall be entitled to conduct business pursuant to §
2.2-3709, in the case of a public institution of higher education to which that
section applies, and, in all cases, may conduct business as a "
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