Bill Text: VA SB1554 | 2019 | Regular Session | Engrossed
Bill Title: Virginia Freedom of Information Act (FOIA); violations and civil penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-04-03 - Governor: Acts of Assembly Chapter text (CHAP0843) [SB1554 Detail]
Download: Virginia-2019-SB1554-Engrossed.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 2.2-3705.7, 2.2-3706, 2.2-3707, 2.2-3708.2,
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 any officer, employee, or member of a
public body failed to provide public records to a requester in accordance with
the provisions of this chapter because such officer, employee, or member [ intentionally
] altered or destroyed the requested public records [ with the intent
to avoid the provisions of this chapter ] prior to the expiration of the
applicable record retention period set by the retention regulations promulgated
pursuant to the Virginia Public Records Act (§42.1-76 et seq.) by the State
Library Board, the court [ shall may ] impose upon
such officer, employee, or member in his individual capacity, whether or not a
writ of mandamus or injunctive relief is awarded, a civil penalty of up to $100
per record altered or destroyed, which amount shall be paid into the Literary
Fund.
C. In addition to any penalties imposed pursuant to subsections A and B, 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 was not in accordance with the requirements of clause (i) or (ii) of subsection D of §2.2-3712, the court may impose on each member voting to certify in his individual capacity, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of $500, which amount shall be paid into the Literary Fund.
