Pending Virginia FOIA Legislation Threatens to Increase Costs and Reduce Protections for Public Bodies

Several bills currently pending in the Virginia General Assembly may significantly impact FOIA compliance for public bodies. These proposals reflect a continuing legislative focus on expanding transparency requirements, though they may also create new operational and fiscal challenges for local governments. We encourage public bodies to actively participate in the legislative process to help shape these proposals and ensure balanced outcomes.

Key Concerns for Public Bodies

The bills outlined below share several common themes that could materially affect how public bodies respond to FOIA requests, manage staff time, and recover compliance costs.

• Proposed bills would establish new requirements that may require additional staff time and resources without corresponding funding
• SB56 would modify the current framework that allows public bodies to recoup actual costs of FOIA compliance
• HB159 would eliminate existing notice procedures when a party files a Petition for Injunction or Mandamus alleging a FOIA violation
• Several bills would benefit from more specific definitions and implementation guidance to reduce uncertainty for FOIA Officers

Recommended Actions

Given the potential operational and budgetary impacts of these proposals, public bodies should consider proactive steps now to ensure their perspectives are heard during the legislative process.

• Reach out to your legislative delegations to express concerns about these bills and their fiscal impact on your locality.
• VACo and VML are both hosting annual Local Government Day events on February 5^th at the General Assembly. Participate in these opportunities to meet directly with legislators and advocate for your community’s interests.
• Prepare concrete examples showing how these bills would increase costs and administrative burdens for your locality.

Key Pending FOIA Bills Affecting Public Bodies

HB159: Eliminating Notice Requirements
Sponsor: Delegate Simon

This bill would modify current procedures by eliminating the requirement for formal service of process or summons when a petition for injunction or mandamus is filed against a public body. While the bill aims to streamline proceedings, it does not currently specify how public bodies would receive notice of hearings, which are statutorily required to occur within seven days of filing. This creates serious due process concerns and operational risks for government entities who may not timely learn of legal proceedings to prepare an adequate response.

SB56: Artificial Fee Caps
Sponsor: Senator Roeme

This legislation would establish a maximum hourly rate a public body can charge for accessing and producing responsive records. The proposed change would require a public body charge either the median hourly rate of all employees or the actual hourly rate of the employee performing the work, whichever is lower.

While intended to make FOIA requests more accessible, this approach could create challenges when specialized technical staff are needed for complex productions. For example, if an IT professional earning $45 per hour is the only person qualified to retrieve certain records, but the organization’s median hourly rate is $30, the public body would only be able to charge $30 per hour. The bill also contemplates that public bodies be required to petition a court for relief, though this may present practical and fiscal challenges.

HB313: Expanding Requester Eligibility
Sponsor: Delegate Wachsmann

This proposal would extend FOIA requester status to non-citizens who own property in Virginia. While expanding access to public records, the bill would benefit from additional clarity on several implementation questions: what types of property ownership would qualify (real property, business interests, etc.), how FOIA officers would verify eligibility, and whether the term “non-citizens” refers to Virginia residency or U.S. citizenship. These details would help ensure smooth implementation if the bill advances.

SB699: Agenda Posting Mandates
Sponsor: Senator Ebbin

This bill would require public bodies to post proposed agendas online before meetings and would prohibit final action on items added after the meeting begins, with exceptions for matters deemed time-sensitive or addressed in closed session. While this promotes advance notice for the public, the definition of “time-sensitive” would benefit from clarification to help public bodies understand when they may appropriately act on late-arising matters that require board attention.

Legislative Outlook

These bills are currently moving through the legislative process, and input from local governments can help ensure that any final legislation balances transparency goals with practical implementation considerations. We encourage you to participate in the legislative conversation through your local associations and direct engagement with your legislative delegations.