VIRGINIA LAW PORTAL

• Code of Virginia
• Virginia Administrative Code
• Constitution of Virginia
• Charters
• Authorities
• Compacts
• Uncodified Acts
• RIS Users (account required)

SEARCHABLE DATABASES

• Bills & Resolutions
  session legislation
• Bill Summaries
  session summaries
• Reports to the General Assembly
  House and Senate documents
• Legislative Liaisons
  State agency contacts

ACROSS SESSIONS

• Subject Index: Since 1995
• Bills & Resolutions: Since 1994
• Summaries: Since 1994

Developed and maintained by the Division of Legislative Automated Systems.

2017 SESSION

• history | hilite | pdf | print version

17100867D
SENATE BILL NO. 1103 Offered January 11, 2017 Prefiled January 7, 2017 A BILL to amend and reenact § 2.2-3714 of the Code of Virginia, relating to the Virginia Freedom of Information Act; closed meeting violations; civil penalty. ---------- Patron-- Surovell ---------- Referred to Committee on General Laws and Technology ----------

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.