SB 324 Virginia Senate · 2024 Regular Session

Virginia Freedom of Information Act; charges for production of public records.

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.
Bill status signed all 5 stages cleared
Introduction
Jan 2024
Committee Review
Feb 2024
Senate Passage
Mar 2024
House of Delegates Passage
Mar 2024
Signed into Law
Apr 2024
Introduced Jan 9, 2024 Signed Apr 8, 2024
Floor votes · Senate Feb 5, 2024 · House of Delegates Feb 27, 2024

How they voted

40–0
Passed
Total votes 40
Feb 5, 2024
D Democratic21
21 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
40
Key actions
14
Committee
10
Amendments
2
Apr 8, 2024
Signed into law
Approved by Governor-Chapter 669 (effective - see bill)
executive
Mar 7, 2024
Upper · Passed
Signed by President
upper
Mar 4, 2024
Lower · Passed
Signed by Speaker
lower
Mar 4, 2024
Upper · Passed
Bill text as passed Senate and House (SB324ER)
upper
Feb 27, 2024
Lower · Passed
VOTE: Block Vote Passage (97-Y 0-N)
lower
Feb 27, 2024
Lower · Passed
Passed House BLOCK VOTE (97-Y 0-N)
lower
Feb 22, 2024
Lower · Passed
Reported from General Laws (22-Y 0-N)
lower
Feb 20, 2024
Lower · Passed
Subcommittee recommends reporting (8-Y 0-N)
lower
Feb 14, 2024
Committee
Assigned GL sub: Procurement/Open Government
lower
Feb 13, 2024
Committee
Referred to Committee on General Laws
lower
Feb 5, 2024
Upper · Passed
Read third time and passed Senate (40-Y 0-N)
upper
Feb 2, 2024
Upper · Passed
Committee amendments agreed to
upper
Feb 2, 2024
Introduced
Reading of amendments waived
upper
Jan 31, 2024
Upper · Passed
Reported from Finance and Appropriations with amendments (15-Y 0-N)
upper
Jan 31, 2024
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Jan 24, 2024
Committee
Rereferred to Finance and Appropriations
upper
Jan 24, 2024
Upper · Passed
Reported from General Laws and Technology with substitute (15-Y 0-N)
upper
Jan 24, 2024
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Jan 9, 2024
Committee
Referred to Committee on General Laws and Technology
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Danica Roem
Danica Roem
DDemocratic
VA
30