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VA Supreme Court exempts State Corporation Commission from open records law

Richmond, VA On Friday, November 4, 2011 the Virginia Supreme Court unanimously ruled in Christian v. State Corporation Commission that the State Corporation Commission (SCC) was not a public body according to the Virginia Freedom of Information Act. The court arrived at its decision based on the numerous existing laws governing the actions of the SCC combined with the Virginia legislature's rejection of a 1995 bill to incorporate the commission into the FOIA law. The court felt that it could not override the legislatures clear wishes on the issue. [1]

Virginia law currently includes all private agencies that are "supported wholly or principally by public funds" or entities which were "created to perform delegated functions of the public body or to advise the public body". [2]

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  1. The Republic, "Va. Supreme Court reaffirms that State Corporation Commission isn't subject to FOIA" 11/4/2011
  2. Virginia Statute 2.2-3701

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