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2024 SESSION
SB 324 Virginia Freedom of Information Act; charges for production of public records.
Introduced by: Danica A. Roem | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
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.
FULL TEXT
- 01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24104457D pdf | impact statements
- 01/24/24 Senate: Committee substitute printed 24106023D-S1 pdf | impact statement
- 02/02/24 Senate: Printed as engrossed 24106023D-ES1 pdf | impact statement
- 03/04/24 Senate: Bill text as passed Senate and House (SB324ER) pdf | impact statement
- 04/08/24 Governor: Acts of Assembly Chapter text (CHAP0669) pdf
AMENDMENTS
HISTORY
- 01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24104457D
- 01/09/24 Senate: Referred to Committee on General Laws and Technology
- 01/24/24 Senate: Reported from General Laws and Technology with substitute (15-Y 0-N)
- 01/24/24 Senate: Committee substitute printed 24106023D-S1
- 01/24/24 Senate: Rereferred to Finance and Appropriations
- 01/31/24 Senate: Reported from Finance and Appropriations with amendments (15-Y 0-N)
- 02/01/24 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/02/24 Senate: Read second time
- 02/02/24 Senate: Reading of substitute waived
- 02/02/24 Senate: Committee substitute agreed to 24106023D-S1
- 02/02/24 Senate: Reading of amendments waived
- 02/02/24 Senate: Committee amendments agreed to
- 02/02/24 Senate: Engrossed by Senate - committee substitute with amendments SB324ES1
- 02/02/24 Senate: Printed as engrossed 24106023D-ES1
- 02/05/24 Senate: Read third time and passed Senate (40-Y 0-N)
- 02/13/24 House: Placed on Calendar
- 02/13/24 House: Read first time
- 02/13/24 House: Referred to Committee on General Laws
- 02/14/24 House: Assigned GL sub: Procurement/Open Government
- 02/20/24 House: Subcommittee recommends reporting (8-Y 0-N)
- 02/22/24 House: Reported from General Laws (22-Y 0-N)
- 02/26/24 House: Read second time
- 02/27/24 House: Read third time
- 02/27/24 House: Passed House BLOCK VOTE (97-Y 0-N)
- 02/27/24 House: VOTE: Block Vote Passage (97-Y 0-N)
- 03/04/24 Senate: Enrolled
- 03/04/24 Senate: Bill text as passed Senate and House (SB324ER)
- 03/04/24 House: Signed by Speaker
- 03/07/24 Senate: Signed by President
- 03/11/24 Senate: Enrolled Bill Communicated to Governor on March 11, 2024
- 03/11/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
- 04/08/24 Governor: Approved by Governor-Chapter 669 (effective - see bill)
- 04/08/24 Governor: Acts of Assembly Chapter text (CHAP0669)