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Bill > SB1029


VA SB1029

VA SB1029
FOIA; procedure for responding to requests, charges, posting of notice of rights & responsibilities.


summary

Introduced
01/07/2025
In Committee
02/13/2025
Crossed Over
01/31/2025
Passed
Dead
02/22/2025

Introduced Session

Potential new amendment
2025 Regular Session

Bill Summary

Virginia Freedom of Information Act; procedure for responding to requests; charges; posting of notice of rights and responsibilities. Limits the fees charged for producing public records to the median hourly rate of pay of employees of the public body or the actual hourly rate of pay of the person performing the work, whichever is less, and provides that a public body may petition a court for relief from this fee limit if there is no one who can process the request at the median hourly rate of pay or less. The bill makes corresponding amendments to the required statement on charges in the notice of rights and responsibilities that must be posted on a public body's website. The bill also amends existing law providing that a public body may petition a court for additional time to respond to a request for public records to allow such petitions to be heard in either general district or circuit court, to give such petitions priority on the court's docket, and to toll the response time while such a petition is pending before a court. The bill makes technical amendments, including moving provisions regarding charges for the production of public records into a separate section of the Virginia Freedom of Information Act.

AI Summary

This bill modifies the Virginia Freedom of Information Act (FOIA) to make several key changes to how public bodies handle records requests. The bill limits the fees that public bodies can charge for staff time to produce records, capping these charges at the median hourly rate of pay for employees or the actual hourly rate of the employee performing the work, whichever is less. If no employee can fulfill the request at or below the median rate, the public body can petition a court for relief from this fee cap. The bill also amends the procedures for how public bodies respond to records requests, allowing them to petition either a general district or circuit court for additional time to respond to complex requests, with these petitions to be given priority on the court's docket and with the response time paused while the petition is pending. Additionally, the bill makes technical amendments to the FOIA, including moving provisions about charges for record production into a separate section of the law and updating the required statement on charges that must be posted on public bodies' websites. These changes aim to balance the public's right to access government records with the administrative challenges faced by public bodies in responding to complex or voluminous records requests.

Committee Categories

Budget and Finance, Government Affairs, Justice

Sponsors (1)

Last Action

Left in General Laws (on 02/19/2025)

bill text


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bill summary

Document Type Source Location Created
State Bill Page https://lis.virginia.gov/bill-details/20251/SB1029 01/10/2025
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1029) https://lis.blob.core.windows.net/files/1038815.PDF 02/03/2025
BillText https://lis.virginia.gov/bill-details/20251/SB1029/text/SB1029E 01/31/2025
Finance and Appropriations Amendment https://lis.virginia.gov/bill-details/20251/SB1029/text/SB1029AS1 01/30/2025
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1029) https://lis.blob.core.windows.net/files/1026081.PDF 01/22/2025
BillText https://lis.virginia.gov/bill-details/20251/SB1029/text/SB1029 01/10/2025
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