VA SB324 | 2024 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 8 2024 - 100% progression
Action: 2024-04-08 - Governor: Acts of Assembly Chapter text (CHAP0669)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 8 2024 - 100% progression
Action: 2024-04-08 - Governor: Acts of Assembly Chapter text (CHAP0669)
Text: Latest bill text (Chaptered) [HTML]
Summary
Virginia Freedom of Information Act; charges for production of public records; report. Prohibits a public body from charging a requester for any costs incurred during the first hour spent accessing, duplicating, supplying, or searching for records requested in conjunction with the requester's first request. The bill provides that for any additional time spent accessing, duplicating, supplying, or searching for such records, or for any additional record requests, the public body shall not charge an hourly rate for accessing, duplicating, supplying, or searching for the records exceeding the lesser of the hourly rate of pay of the lowest-paid individual capable of fulfilling the request or $40 per hour. The bill allows a public body to petition the appropriate court for relief from the $40-per-hour fee cap upon showing by a preponderance of the evidence that there is no qualified individual capable of fulfilling the request for $40 per hour or less and requires such petition to be heard within seven days of when the petition is made, provided that the public body has sent and the requester has received a copy of the petition at least three working days prior to filing. The bill also provides that in certain instances a hearing on any petition shall be given precedence on a circuit court's docket over all cases that are not otherwise given precedence by law and that the time period the public body has to respond to a record request shall be tolled between the requester's receipt of the petition and the final disposition of the court. The bill prohibits a public body from charging a requester for any court costs or fees resulting from a petition. The bill directs the Virginia Freedom of Information Advisory Council to study whether public bodies should charge requesters pursuant to the bill and report on its findings by December 2024. The provisions of the bill amending the Code of Virginia do not become effective unless reenacted by the 2025 Session of the General Assembly. Virginia Freedom of Information Act; charges for production of public records; report. Prohibits a public body from charging a requester for any costs incurred during the first hour spent accessing, duplicating, supplying, or searching for records requested in conjunction with the requester's first request. The bill provides that for any additional time spent accessing, duplicating, supplying, or searching for such records, or for any additional record requests, the public body shall not charge an hourly rate for accessing, duplicating, supplying, or searching for the records exceeding the lesser of the hourly rate of pay of the lowest-paid individual capable of fulfilling the request or $40 per hour. The bill allows a public body to petition the appropriate court for relief from the $40-per-hour fee cap upon showing by a preponderance of the evidence that there is no qualified individual capable of fulfilling the request for $40 per hour or less and requires such petition to be heard within seven days of when the petition is made, provided that the public body has sent and the requester has received a copy of the petition at least three working days prior to filing. The bill also provides that in certain instances a hearing on any petition shall be given precedence on a circuit court's docket over all cases that are not otherwise given precedence by law and that the time period the public body has to respond to a record request shall be tolled between the requester's receipt of the petition and the final disposition of the court. The bill prohibits a public body from charging a requester for any court costs or fees resulting from a petition. The bill directs the Virginia Freedom of Information Advisory Council to study whether public bodies should charge requesters pursuant to the bill and report on its findings by December 2024. The provisions of the bill amending the Code of Virginia do not become effective unless reenacted by the 2025 Session of the General Assembly.
Title
Virginia Freedom of Information Act; charges for production of public records.
Sponsors
| Sen. Danica Roem [D] |
Roll Calls
2024-02-27 - House - House: VOTE: Block Vote Passage (97-Y 0-N) (Y: 97 N: 0 NV: 0 Abs: 3) [PASS]
2024-02-22 - House - House: Reported from General Laws (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-20 - House - House: Subcommittee recommends reporting (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-05 - Senate - Senate: Read third time and passed Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-01 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-01-31 - Senate - Senate: Reported from Finance and Appropriations with amendments (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2024-01-24 - Senate - Senate: Reported from General Laws and Technology with substitute (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-22 - House - House: Reported from General Laws (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-20 - House - House: Subcommittee recommends reporting (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-05 - Senate - Senate: Read third time and passed Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-01 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-01-31 - Senate - Senate: Reported from Finance and Appropriations with amendments (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2024-01-24 - Senate - Senate: Reported from General Laws and Technology with substitute (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-08 | Governor: Acts of Assembly Chapter text (CHAP0669) | |
| 2024-04-08 | Governor: Approved by Governor-Chapter 669 (effective - see bill) | |
| 2024-03-11 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| 2024-03-11 | Senate | Enrolled Bill Communicated to Governor on March 11, 2024 |
| 2024-03-07 | Senate | Signed by President |
| 2024-03-04 | House | Signed by Speaker |
| 2024-03-04 | Senate | Bill text as passed Senate and House (SB324ER) |
| 2024-03-04 | Senate | Enrolled |
| 2024-02-27 | House | VOTE: Block Vote Passage (97-Y 0-N) |
| 2024-02-27 | House | Passed House BLOCK VOTE (97-Y 0-N) |
| 2024-02-27 | House | Read third time |
| 2024-02-26 | House | Read second time |
| 2024-02-22 | House | Reported from General Laws (22-Y 0-N) |
| 2024-02-20 | House | Subcommittee recommends reporting (8-Y 0-N) |
| 2024-02-14 | House | Assigned GL sub: Procurement/Open Government |
| 2024-02-13 | House | Referred to Committee on General Laws |
| 2024-02-13 | House | Read first time |
| 2024-02-13 | House | Placed on Calendar |
| 2024-02-05 | Senate | Read third time and passed Senate (40-Y 0-N) |
| 2024-02-02 | Senate | Printed as engrossed 24106023D-ES1 |
| 2024-02-02 | Senate | Engrossed by Senate - committee substitute with amendments SB324ES1 |
| 2024-02-02 | Senate | Committee amendments agreed to |
| 2024-02-02 | Senate | Reading of amendments waived |
| 2024-02-02 | Senate | Committee substitute agreed to 24106023D-S1 |
| 2024-02-02 | Senate | Reading of substitute waived |
| 2024-02-02 | Senate | Read second time |
| 2024-02-01 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2024-01-31 | Senate | Reported from Finance and Appropriations with amendments (15-Y 0-N) |
| 2024-01-24 | Senate | Rereferred to Finance and Appropriations |
| 2024-01-24 | Senate | Committee substitute printed 24106023D-S1 |
| 2024-01-24 | Senate | Reported from General Laws and Technology with substitute (15-Y 0-N) |
| 2024-01-09 | Senate | Referred to Committee on General Laws and Technology |
| 2024-01-09 | Senate | Prefiled and ordered printed; offered 01/10/24 24104457D |
