Virginia 2024 Regular Session

Virginia Senate Bill SB324

Introduced
1/9/24  
Refer
1/9/24  
Report Pass
1/24/24  
Report Pass
1/31/24  
Engrossed
2/2/24  
Refer
2/13/24  
Report Pass
2/22/24  
Enrolled
3/4/24  
Chaptered
4/8/24  

Caption

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

Impact

If enacted, SB324 would amend the existing framework regarding the production and pricing of public records, shifting the focus towards a more transparent and accessible approach. It requires public bodies to document requests that take longer than thirty minutes to fulfill and set reasonable limits on charges for electronic records. The bill also entails a review process by the Virginia FOIA Council to explore potential amendments aimed at further easing public access to records, ensuring that charges remain transparent and justifiable.

Summary

SB324, an amendment to the Virginia Freedom of Information Act, aims to adjust the cost structure for obtaining public records. The bill establishes that public bodies may charge fees not exceeding the actual cost of providing requested records. Notably, for the first hour of the first request made by a person in a calendar year, no fees will be charged. The intent is to improve access to public information while ensuring that the process is not financially burdensome for requesters, thereby promoting transparency in government.

Sentiment

The sentiment around SB324 could be described as cautiously optimistic, particularly among advocates for transparency and open governance. Supporters argue that the bill encourages greater public participation in government by reducing costs associated with requesting information. Conversely, some stakeholders express concerns that even minor fees could deter individuals from seeking information, particularly if they are unaware of the potential charges. Overall, the reception appears mixed but leans toward supporting enhanced public access.

Contention

A key point of contention lies in the balance between reasonable cost recovery for public bodies and ensuring that public records remain readily accessible. Critics of past fee structures indicated that excessive costs could impede transparency, while supporters of cost recovery argue that public entities should not be unduly burdened by providing records. The outcome of the ongoing study by the FOIA Council will be crucial in addressing these competing interests and shaping the future of public record access in Virginia.

Companion Bills

No companion bills found.

Previously Filed As

VA HB2006

Virginia Freedom of Information Act; public records charges, electronic payment method.

VA HB2007

Virginia Freedom of Information Act; posting of fee policy by a public body.

VA HB1569

Virginia Freedom of Information Act; disclosure of personnel records.

VA HB1354

Virginia Freedom of Information Act; release of probation and parole records.

VA SB813

Virginia Freedom of Information Act; record exclusions, State Comptroller records.

VA HB1738

Virginia Freedom of Information Act; state public bodies, meetings, virtual public access.

VA HB1965

Virginia Freedom of Information Act; required release of law-enforcement disciplinary records.

VA HB1953

Virginia Freedom of Information Act; closed meeting exemption, home instruction of children.

VA HB2394

Va. Freedom of Information Act; exclusions, proprietary records & trade secrets to Fort Monroe Auth.

VA SB1497

Va. Freedom of Information Act; exclusions, proprietary records & trade secrets to Fort Monroe Auth.

Similar Bills

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TX HB1217

Relating to appointment of and performance of notarial acts by an online notary public and online acknowledgment and proof of written instruments; authorizing a fee and creating a criminal offense.

NC S552

Modifications to Notary Public Act

CA AB1667

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CA AB2961

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CA AB2283

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LA HB572

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CA SB666

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