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2001 SESSION
006891908Be it enacted by the General Assembly of Virginia:
That §§ 24.2-929 and 24.2-930 of the Code of Virginia are amended and reenacted as follows:
§ 24.2-929. Penalties for violations of chapter.
A. Any person who violates, or aids, abets, or participates in the violation
of, this chapter shall be subject to a civil penalty not to exceed fifty
dollars, except in unless a greater penalty is imposed as follows:
1. In the case of a violation of Article 4 (§ 24.2-914 et seq.) of this
chapter which relates to the filing of, or the failure to file, a an incomplete
report due within the one hundred twenty 120 days before or the thirty-five
days after a November general election date, in which case he shall be subject
to a civil penalty not to exceed $300.
2. In the case of a violation of Article 4 (§ 24.2-914 et seq.) of this chapter which relates to the failure to file a required report by the deadline specified in Article 4, he shall be assessed a civil penalty of $500. Within five days of the pertinent deadline, the State Board shall assess the civil penalty imposed by this subdivision and shall notify the public through the global information system known as the Internet of the violation and identity of the violator.
3. In the case of a willful violation, he shall be guilty of a Class 1 misdemeanor.
The If requested by the Secretary, the attorney for the Commonwealth shall
initiate civil proceedings to enforce the civil penalty penalties provided
herein. Any civil penalties collected shall be payable to the State Treasurer for deposit to the
general fund. The statute of limitations applicable to a violation of this
chapter is stated in § 19.2-8. There shall be a rebuttable presumption that the
violation of this chapter was willful if the violation is based on a person's
failure to file a report required by this chapter and his failure to file
continues for more than sixty days following his actual receipt of written
notice of his failure to file sent to him by certified mail, return receipt
requested, by the State Board or an electoral board.
B. Prior to assessing a penalty pursuant to this section for the filing of an incomplete report, the Secretary of the State Board shall notify, in writing, the candidate and treasurer, or person or political committee required to file a report, that a filed report has not been completed, citing the omissions from the report. No penalty shall be assessed if the information required to complete the report is filed within ten days of the date of mailing the written notice.
C. If the information required to complete the report is not filed within the ten-day period, the Secretary shall then assess against the candidate and treasurer, who shall be jointly and severally liable, or person or political committee required to file a report, a civil penalty not to exceed $300. The Secretary may grant an additional period for compliance, not to exceed two weeks, to permit the completion of a filed report for good cause shown and in response to a request filed within the ten-day period. However, no additional period shall be granted thereafter for compliance.
D. For any report required to be filed between July 1, 1994, and the effective
date of this act, the State Board shall give the notice required by subsection B of
this section prior to assessing any civil penalty. If a penalty has been
assessed for any such report and no appeal of that penalty has been received,
the State Board shall notify the candidate and treasurer, or person or
political committee, who filed the report that an appeal may be filed within
ten days of the date of mailing of the notice by the State Board. The
additional periods for filing specified in subsections B and C shall apply only to the
completion of a timely filed report and not to any case of a failure to file a required
report by the deadline specified in Article 4 (§ 24.2-914 et seq.) of this
chapter.
E. In the case of a failure to file the report of any large preelection contribution required by § 24.2-919, or the late or incomplete filing of such a report, there shall be a rebuttable presumption that the violation was willful. The provisions of subsections B, C, and D of this section shall not apply to reports required by § 24.2-919.
§ 24.2-930. Civil penalties for late and incomplete filings for statewide campaigns.
A. In addition to the penalties provided in § 24.2-929, any candidate for Governor, Lieutenant Governor, or Attorney General, and his campaign treasurer, who fail to file any report required in § 24.2-916 in a timely manner or file an incomplete report may be assessed a civil penalty by the Secretary of the State Board pursuant to this section.
B. Prior to assessing a penalty pursuant to this section, the Secretary shall notify the candidate and treasurer in writing that a report has not been filed or that a filed report has not been completed, citing the omissions from the report. No penalty shall be assessed pursuant to this section if the report or information required to complete the report is filed within seven days of the date of mailing the written notice.
C. If the report or information required to complete the report is not filed
within the seven-day period, the Secretary shall assess against the candidate
and treasurer, who shall be jointly and severally liable, a civil penalty of
$100 300 for each day that the violation continues on and after the eighth
day following the date of mailing the written notice. The Secretary may grant an additional period for compliance,
not to exceed two weeks, for good cause shown and in response to a request
filed within the seven-day period. However, no additional period shall be
granted for compliance with the requirement under subdivision 7 8 of § 24.2-916
to file a report not later than the eighth day before the election. The Secretary
shall then also make available to the public at his office a list of
candidates who have failed to file or have filed incomplete reports notify the
public through the global information system known as the Internet of the violation
and identity of the violator.
D. If requested by the Secretary, the attorney for the Commonwealth of the City of Richmond shall assist the Secretary in collecting the civil penalty.
E. Any candidate or treasurer aggrieved by the assessment shall have a right to the direct review of the assessment by a court of competent jurisdiction as provided in the Administrative Process Act (§ 9-6.14:1 et seq.). The provisions of the Act shall not apply, however, to the assessment of civil penalties by the Secretary pursuant to this section.
F. Civil penalties collected pursuant to this section shall be payable to the State Treasurer for deposit to the general fund.