Virginia Freedom of Information Act (FOIA); violations and civil penalties. (SB1554)

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 penalties. 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 »

Status

01/08/2019: Awaiting a Vote in the General Laws and Technology Committee

History

DateAction
01/08/2019Prefiled and ordered printed; offered 01/09/19 19103495D
01/08/2019Referred to Committee on General Laws and Technology
01/14/2019Impact statement from DPB (SB1554)

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