GOVERNOR'S RECOMMENDATION

1. Line 19, enrolled, after chapter

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with respect to such request

2. Line 25, enrolled, after that

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the remainder of line 25 and through member of  on line 26

3. Line 27, enrolled, after 2.2-3712 and

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at the time of such certification an attorney representing the body was present and

4. Line 30, enrolled, after Fund.

insert

In determining whether a civil penalty is appropriate, the court shall consider mitigating factors, including reliance of members of the public body on (i) opinions of the Attorney General, (ii) court cases substantially supporting the rationale of the public body, and (iii) published opinions of the Freedom of Information Advisory Council.