Virginia Freedom of Information Act (FOIA); violations and civil penalties.
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SB 1554 — Virginia Freedom of Information Act (FOIA); violations and civil penalties.
Last action — Assigned GL sub: Subcommittee #4
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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 altered or destroyed the requested public records with the intention of avoiding the provisions of FOIA prior to the expiration of the applicable record retention period set pursuant to the Virginia Public Records Act, the court may impose upon such officer, employee, or member in his individual capacity a civil penalty of up to $100 per record altered or destroyed 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 a civil penalty of $500.
Bill Text
What changed in the latest version
1 added · 1 removedPlain-language change summary
In the updated version of Bill SB 1554, a new provision has been added at line 74.220.50.48, while an earlier provision at line 74.220.50.216 has been removed. This change might introduce new requirements or clarify existing rules, which could have a significant impact on how the bill is applied. It's important to understand these changes to grasp how they will affect the stakeholders involved or the intended outcomes of the bill.
74.220.50.21674.220.50.48
View plain text versions (2)
- Engrossed Senate: Printed as engrossed 19103495D-E Current html January 31, 2019
- Prefiled Senate: Prefiled and ordered printed; offered 01/09/19 19103495D html January 08, 2019
Action History
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Assigned GL sub: Subcommittee #4
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Referred to Committee on General Laws
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Read first time
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Placed on Calendar
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Passed by for the day
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Printed as engrossed 19103495D-E
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Engrossed by Senate as amended SB1554E
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Committee amendments agreed to
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Reading of amendments waived
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Read second time
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Assigned GL&T sub: #1
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Referred to Committee on General Laws and Technology
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Prefiled and ordered printed; offered 01/09/19 19103495D
Sponsors
- Scott A. Surovell · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 2 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 6 | 0 | 0 |
| Total | 34 | 6 | 0 | 0 |
| % of votes cast | 85% | 15% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Barker | — | Yea |
| Carrico | — | Yea |
| Cosgrove | — | Yea |
| Dance | — | Yea |
| Hanger | — | Yea |
| Newman | — | Nay |
| Norment | — | Yea |
| Petersen | — | Yea |
| Howell | — | Yea |
| Mason | — | Yea |
| McClellan | — | Yea |
| Spruill | — | Yea |
| Black | — | Nay |
| Chafin | — | Nay |
| Chase | — | Yea |
| Dunnavant | — | Yea |
| Edwards | — | Nay |
| Lewis | — | Yea |
| Ruff | — | Yea |
| Saslaw | — | Yea |
| Vogel | — | Yea |
| Wagner | — | Yea |
| Adam P. Ebbin | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Barker | — | Yea |
| Cosgrove | — | Yea |
| Lewis | — | Yea |
| Norment | — | Yea |
| Petersen | — | Yea |
| Howell | — | Yea |
| Mason | — | Yea |
| McClellan | — | Yea |
| Black | — | Yea |
| Carrico | — | Yea |
| Chafin | — | Yea |
| Chase | — | Yea |
| Dance | — | Yea |
| Dunnavant | — | Yea |
| Edwards | — | Yea |
| Hanger | — | Yea |
| Spruill | — | Yea |
| Newman | — | Yea |
| Ruff | — | Yea |
| Saslaw | — | Yea |
| Vogel | — | Yea |
| Wagner | — | Yea |
| Adam P. Ebbin | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 2 | 0 | 0 |
| Total | 11 | 2 | 0 | 0 |
| % of votes cast | 85% | 15% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Barker | — | Yea |
| Dunnavant | — | Nay |
| Ruff | — | Yea |
| Vogel | — | Yea |
| Mason | — | Yea |
| Adam P. Ebbin | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| David R. Suetterlein | — | Nay |
| Glen H. Sturtevant, Jr. | — | Yea |
| Jeremy S. McPike | — | Yea |
| Mamie E. Locke | — | Yea |
| Scott A. Surovell | — | Yea |
Subjects
Frequently asked questions
- What does SB 1554 do?
- 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 altered or destroyed the requested public records with the intention of avoiding the provisions of FOIA prior to the expiration of the applicable record retention period set pursuant to the Virginia Public Records Act, the court may impose upon such officer, employee, or member in his individual capacity a civil penalty of up to $100 per record altered or destroyed 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 a civil penalty of $500.
- Who sponsors SB 1554?
- SB 1554 is sponsored by Scott A. Surovell.
- What is the current status of SB 1554?
- This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1554?
- Track SB 1554 free on One Click Politics — get push/email alerts when it moves.
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