Bill Text: VA SB1103 | 2017 | Regular Session | Prefiled
Bill Title: FOIA; closed meeting violations, civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-08 - Left in General Laws and Technology [SB1103 Detail]
Download: Virginia-2017-SB1103-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §2.2-3714 of the Code of Virginia is amended and reenacted as follows:
§2.2-3714. Violations and penalties.
A. In a proceeding commenced against any officer, employee, or member of a public body under §2.2-3713 for a violation of §2.2-3704, 2.2-3705.1 through 2.2-3705.8, 2.2-3706, 2.2-3707, 2.2-3708, 2.2-3708.1, 2.2-3710, 2.2-3711 or 2.2-3712, the court, if it finds that a violation was willfully and knowingly made, shall impose upon such officer, employee, or member in his individual capacity, whether a writ of mandamus or injunctive relief is awarded or not, a civil penalty of not less than $500 nor more than $2,000, which amount shall be paid into the State Literary Fund. For a second or subsequent violation, such civil penalty shall be not less than $2,000 nor more than $5,000.
B. In addition to any penalties imposed pursuant to subsection A, if the court finds that a member of a public body voted to certify a closed meeting in accordance with subsection D of §2.2-3712 and at the time of such certification such certification constituted a departure from the requirements of clause (i) or (ii) of subsection D of § 2.2-3712, the court shall impose on all members voting to certify in their individual capacity, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of $500 each, which amount shall be paid into the State Literary Fund.
