Virginia Freedom of Information Act; civil penalty. (SB630)

Introduced By

Sen. Scott Surovell (D-Mount Vernon)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

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. Amends § 2.2-3714, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/10/2018Prefiled and ordered printed; offered 01/10/18 18104295D
01/10/2018Referred to Committee on General Laws and Technology
01/23/2018Assigned GL&T sub: #1
01/29/2018Reported from General Laws and Technology with amendment (11-Y 0-N) (see vote tally)
01/31/2018Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/01/2018Read second time
02/01/2018Reading of amendment waived
02/01/2018Committee amendment agreed to
02/01/2018Engrossed by Senate as amended SB630E
02/01/2018Printed as engrossed 18104295D-E
02/02/2018Impact statement from DPB (SB630)
02/02/2018Impact statement from DPB (SB630E)
02/02/2018Passed by for the day
02/05/2018Read third time and passed Senate (31-Y 8-N) (see vote tally)
02/08/2018Placed on Calendar
02/08/2018Read first time
02/08/2018Referred to Committee on General Laws
02/19/2018Assigned GL sub: Subcommittee #4
02/20/2018Subcommittee recommends continuing to 2019
03/06/2018Left in General Laws