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2018 SESSION
SB 630 Virginia Freedom of Information Act; civil penalty.
Introduced by: Scott A. Surovell | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Virginia Freedom of Information Act (FOIA); civil penalty. Provides that in addition to any penalties imposed under FOIA, (i) if a court finds that any officer, employee, or member of a public body failed to provide public records to a requester in accordance with the provisions of FOIA because such officer, employee, or member of a public body intentionally altered or destroyed the requested public records prior to the expiration of the applicable record retention period set by the retention regulations promulgated pursuant to the Virginia Public Records Act (§ 42.1-76 et seq.) by the State Library Board, the court shall impose upon such officer, employee, or member in his individual capacity, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of up to $100 per record altered or destroyed, which amount shall be paid into the Literary Fund, and (ii) if a court finds that a member of a public body voted to certify a closed meeting and at the time of such certification such certification was not in accordance with the requirements of FOIA, the court may impose on each such member voting to certify in his individual capacity, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of $500, which amount shall be paid into the Literary Fund.
FULL TEXT
- 01/10/18 Senate: Prefiled and ordered printed; offered 01/10/18 18104295D pdf | impact statement
- 02/01/18 Senate: Printed as engrossed 18104295D-E pdf | impact statement
AMENDMENTS
HISTORY
- 01/10/18 Senate: Prefiled and ordered printed; offered 01/10/18 18104295D
- 01/10/18 Senate: Referred to Committee on General Laws and Technology
- 01/23/18 Senate: Assigned GL&T sub: #1
- 01/29/18 Senate: Reported from General Laws and Technology with amendment (11-Y 0-N)
- 01/31/18 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/01/18 Senate: Read second time
- 02/01/18 Senate: Reading of amendment waived
- 02/01/18 Senate: Committee amendment agreed to
- 02/01/18 Senate: Engrossed by Senate as amended SB630E
- 02/01/18 Senate: Printed as engrossed 18104295D-E
- 02/02/18 Senate: Passed by for the day
- 02/05/18 Senate: Read third time and passed Senate (31-Y 8-N)
- 02/08/18 House: Placed on Calendar
- 02/08/18 House: Read first time
- 02/08/18 House: Referred to Committee on General Laws
- 02/19/18 House: Assigned GL sub: Subcommittee #4
- 02/20/18 House: Subcommittee recommends continuing to 2019 by voice vote
- 03/06/18 House: Left in General Laws