VirginiaHB1602026 Regular SessionHouse

FOIA; officers, employees, or members of a public body, alleged willful and knowing violations.

Sponsored By: Marcus B. Simon (Democratic)

In Committee

Summary

Virginia Freedom of Information Act; officers, employees, or members of a public body; alleged willful and knowing violations; mitigating factors to be considered. Specifies that civil penalties may only be imposed on officers, employees, or members of a public body in actions brought against them in their individual capacity for certain violations of the Virginia Freedom of Information Act. The bill further requires a court, when determining whether an officer, an employee, or a member of a public body has committed certain violations of the Virginia Freedom of Information Act willfully and knowingly, to consider certain mitigating factors, including good faith reliance on (i) opinions of the Attorney General; (ii) court cases substantially supporting such officer's, employee's, or member's actions; (iii) advisory opinions of the Virginia Freedom of Information Advisory Council; and (iv) advice of counsel for the public body, as evidence that such officer, employee, or member did not willfully and knowingly commit such violation. Current law provides any officer, employee, or member of a public body the right to introduce at any proceeding regarding such willful and knowing violation a copy of a relevant advisory opinion issued by the Virginia Freedom of Information Advisory Council. This bill is a recommendation of the Boyd-Graves Conference.

Procurement/Open Government

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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & Cosponsors

Sponsor

  • Marcus B. Simon

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 0 • No: 0

House vote 1/22/2026

Continued to 2027 in General Laws (Voice Vote)

Yes: 0 • No: 0

House vote 1/20/2026

Subcommittee recommends continuing to 2027 (Voice Vote)

Yes: 0 • No: 0

Actions Timeline

  1. Continued to 2027 in General Laws (Voice Vote)

    1/22/2026House
  2. Subcommittee recommends continuing to 2027 (Voice Vote)

    1/20/2026House
  3. Assigned HGL sub: Procurement/Open Government

    1/19/2026House
  4. Referred to Committee on General Laws

    1/6/2026House
  5. Prefiled and ordered printed; Offered 01-14-2026 26100416D

    1/6/2026House

Bill Text

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